By placing an order with Birnn Chocolates of Vermont, Inc. (“Birnn,” “us,” or “we”) through Birnn’s website www.birnn.com (the “Site”) you are accepting these Online Purchase Terms and Conditions (the “Terms”). Please read these Terms before placing an order.
Conditions of Sale and Payment Terms. To purchase any products on the Site, you must be an approved wholesale retailer who is a registered customer on the Site, and is at least eighteen (18) years of age. If paying with a credit card, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v), activation numbers or codes needed to charge your card, and (vi) the billing address. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. We will not be liable if there is any delay in payment authorization, and we will not accept your order if payment is not authorized. All sales of products are final.
Pricing, Methods of Payment, Credit Card Terms and Taxes. Prices throughout the Site are quoted in U.S. dollars, and payment can only be accepted in U.S. dollars. All payments must be made by VISA, MasterCard, Discover, American Express, by check, or via automated clearing house. We currently do not accept any other payment form, although in the future we may change this policy. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your card issuer requires for pre-authorized credit card transactions, and you must refer to those applicable rules and not these Terms of Use to determine your associated rights and liabilities. You are responsible for all fees charged by your financial institution and/or your card issuer associated with any pre-authorized payment option. YOU, AND NOT BIRNN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEBITED FROM YOUR ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Birnn of any discrepancies within sixty (60) days after they first appear on your credit card or bank account statement, you agree that they will be deemed accepted by you for all purposes. If Birnn does not receive payment from your credit card issuer, financial institution, or any applicable agent, you agree to pay all amounts due upon demand by Birnn or its agents. You are responsible for paying any governmental taxes imposed on your purchases.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Birnn reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Birnn upon our delivery of products or services that you have ordered.
No Responsibility to Sell Mispriced Products. Birnn shall have the right to refuse or cancel any orders placed for products listed at an incorrect price or containing any other incorrect information or typographical errors. Birnn shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Birnn shall immediately issue a credit to your credit card account in the amount of the charge.
Shipping Policy. All orders are processed at the time of confirmation on the Site. Shipping method and costs will be determined by Birnn based on shipment weight and weather forecasts. We will email you as soon as your order has been shipped. Orders are shipped from our chocolate factory in South Burlington, Vermont.
Refund Policy. Birnn makes every effort to deliver a high quality product made with the freshest ingredients. If for some reason you feel that your products have not been delivered according to your expectation, you may submit a request a refund in writing to the Birnn Customer Service department for Birnn’s consideration by sending and e-mail to truffles@birnn.com or by calling our customer service number at 800-338-3141. Notwithstanding the foregoing, you acknowledge and agree that all sales are final and any request for refund will be honored by Birnn in its sole discretion.
LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE, REMAINS WITH YOU. IN NO EVENT SHALL BIRNN OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF BIRNN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BIRNN SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY RECEIVED BY BIRNN FROM END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF BIRNN. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Birnn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Birnn’s liability shall be the minimum permitted under such applicable law.
Miscellaneous. These Terms shall be construed and enforced in accordance with the laws of the State of Vermont without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms, our Terms of Use, and our Privacy Policy together with any other rules or guidelines posted in connection with the Site constitute the entire and exclusive and final statement of the agreement between you and Birnn with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Birnn with respect to the subject matter hereof. The failure of Birnn to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms shall continue in full force and effect.
Changes to Terms. We reserve the right, at our discretion, to change these Terms at any time. Please check the link to this page from our homepage periodically for changes. Changes will go into effect on the Effective Date disclosed in the changed Terms. By continuing to buy products online, you consent to the changed Terms.
Effective Date: January 1, 2018
By placing an order with Birnn Chocolates of Vermont, Inc. (“Birnn,” “us,” or “we”) through Birnn’s website www.birnn.com (the “Site”) you are accepting these Online Purchase Terms and Conditions (the “Terms”). Please read these Terms before placing an order.
Conditions of Sale and Payment Terms. To purchase any products on the Site, you must be an approved wholesale retailer who is a registered customer on the Site, and is at least eighteen (18) years of age. If paying with a credit card, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v), activation numbers or codes needed to charge your card, and (vi) the billing address. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. We will not be liable if there is any delay in payment authorization, and we will not accept your order if payment is not authorized. All sales of products are final.
Pricing, Methods of Payment, Credit Card Terms and Taxes. Prices throughout the Site are quoted in U.S. dollars, and payment can only be accepted in U.S. dollars. All payments must be made by VISA, MasterCard, Discover, American Express, by check, or via automated clearing house. We currently do not accept any other payment form, although in the future we may change this policy. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your card issuer requires for pre-authorized credit card transactions, and you must refer to those applicable rules and not these Terms of Use to determine your associated rights and liabilities. You are responsible for all fees charged by your financial institution and/or your card issuer associated with any pre-authorized payment option. YOU, AND NOT BIRNN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEBITED FROM YOUR ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Birnn of any discrepancies within sixty (60) days after they first appear on your credit card or bank account statement, you agree that they will be deemed accepted by you for all purposes. If Birnn does not receive payment from your credit card issuer, financial institution, or any applicable agent, you agree to pay all amounts due upon demand by Birnn or its agents. You are responsible for paying any governmental taxes imposed on your purchases.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Birnn reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Birnn upon our delivery of products or services that you have ordered.
No Responsibility to Sell Mispriced Products. Birnn shall have the right to refuse or cancel any orders placed for products listed at an incorrect price or containing any other incorrect information or typographical errors. Birnn shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Birnn shall immediately issue a credit to your credit card account in the amount of the charge.
Shipping Policy. All orders are processed at the time of confirmation on the Site. Shipping method and costs will be determined by Birnn based on shipment weight and weather forecasts. We will email you as soon as your order has been shipped. Orders are shipped from our chocolate factory in South Burlington, Vermont.
Refund Policy. Birnn makes every effort to deliver a high quality product made with the freshest ingredients. If for some reason you feel that your products have not been delivered according to your expectation, you may submit a request a refund in writing to the Birnn Customer Service department for Birnn’s consideration by sending and e-mail to truffles@birnn.com or by calling our customer service number at 800-338-3141. Notwithstanding the foregoing, you acknowledge and agree that all sales are final and any request for refund will be honored by Birnn in its sole discretion.
LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE, REMAINS WITH YOU. IN NO EVENT SHALL BIRNN OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF BIRNN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BIRNN SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY RECEIVED BY BIRNN FROM END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF BIRNN. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Birnn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Birnn’s liability shall be the minimum permitted under such applicable law.
Miscellaneous. These Terms shall be construed and enforced in accordance with the laws of the State of Vermont without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms, our Terms of Use, and our Privacy Policy together with any other rules or guidelines posted in connection with the Site constitute the entire and exclusive and final statement of the agreement between you and Birnn with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Birnn with respect to the subject matter hereof. The failure of Birnn to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms shall continue in full force and effect.
Changes to Terms. We reserve the right, at our discretion, to change these Terms at any time. Please check the link to this page from our homepage periodically for changes. Changes will go into effect on the Effective Date disclosed in the changed Terms. By continuing to buy products online, you consent to the changed Terms.