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.
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 firstname.lastname@example.org 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.
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.
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.