Last Revised: August 5, 2024 

 

Please read the following Terms of Use (“Terms”) carefully. These Terms set forth legally binding terms and conditions between you and Fran's Chocolates, Ltd. and its affiliates (collectively, "FCL", “we”, “our” or “us”) that govern your access to and use of the FCL website at frans.com and the services offered thereon (the “Website”).

These terms set forth legally binding terms and conditions that govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Term, do not access or use the Website.

 

Use and Restrictions. Subject to these Terms, FCL grants you a non-transferable, non-exclusive, revocable, personal, limited license to use and access the Website. The rights granted to you in these Terms are subject to the restrictions in these Terms. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. FCL reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that FCL will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

 

Convenience and Information. The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. FCL does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) FCL has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete. Your use of the Website is solely at your own risk.

 

Account Creation. In order to use certain features of the Website, you may need to register for an account and provide certain information about yourself. If you create an account, you represent and warrant that all information you submit to FCL is true, accurate, complete, up-to-date, and solely yours. If any of your information changes, you must update it promptly. FCL is not responsible for verifying your information. FCL shall have no liability associated with or arising from your failure to maintain accurate, complete, or up-to-date account information.

 

Account Security. You are solely responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. If you believe your password or credentials have been lost, stolen, or that someone may attempt to use them, you must notify us immediately at the contact information set forth at the end of these Terms. FCL cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. FCL reserves the right to deny you access to the Website if we believe your password or credentials have been or may be used by an unauthorized party.

 

Purchases. The products offered for sale on the Website are available while supplies last. Products may have limited quantities and are subject to a refund in accordance with our Refund Policy (Section 6). FCL makes every effort to display as accurately as possible the products. The images and photographs are meant to assist you and are for informational purposes only. We reserve the right, but are not obligated, to limit the sales of our products to any person, by any quantity, and to any geographic region or jurisdiction. All pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on our Website is void where prohibited. We make no guarantee that you will be offered the same pricing for the same products in the future or for any new products and materials that become available. We reserve the right to correct any misprints or errors in pricing.

 

Billing and Payment. By placing an order, you authorize the payment information you provided to be charged and you understand that you will be liable for payment of product that is shipped to you. We reserve the right to refuse any purchase you place with us. In the event that we make a change to or cancel a purchase, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the purchase was made. You agree to provide current, complete and accurate purchase information for all purchases made through our Website. If your purchase information changes prior to the processing and receipt of your order, please contact us at (800) 422.3726. Please note we use a third party payment processor to process payments made through our Website. When you make a payment, we will transfer you to our third party processor’s network through which all transactions are processed. You agree to provide accurate purchase information, including your email address and payment information details, so that we (and our third party service provider) can complete your purchase and contact you as needed in connection with your purchase. By providing us and our payment processor with your payment information, you represent: (i) you have authorized us to use that payment information; (ii) any payment information you provide is true and accurate; and (iii) you are authorized to use such payment information. Please contact us at (800) 422.3726 if you need to cancel an order. We can’t cancel custom or large orders and orders must be cancelled 48 hours prior to shipping.

 

Shipping. All FCL purchases will ship in accordance with our Shipping Policy. Once your purchase ships, a shipment confirmation will be emailed to the provided email address. The shipment confirmation will contain your tracking number. Please confirm the accuracy of your shipping address before you submit your purchase. Incorrect or partial addresses could result in delays or lost shipments. FCL is not responsible for orders lost due to incorrect or partial addresses. For questions or concerns on your shipment, please contact us at (800) 422.3726.

 

Refunds. All refunds will be handled in accordance with our Refund Policy. If your order does not meet your expectations, please call us with 7 days after your order was shipped at 1.800.422.3726.

 

User Content. The Website may now or in the future permit you to upload or post to the Website or otherwise submit to us in various forms of content, such as statements, reviews, ratings, feedback, questions, comments, and suggestions (collectively, “User Content”). We do not claim ownership in your User Content. However, by submitting any User Content, you hereby grant (and you represent and warrant that you have the right to grant) to FCL an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in any manner FCL deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You agree that you will not submit to FCL any information or ideas that you consider to be confidential or proprietary. You further acknowledge that FCL will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise. You are solely responsible for your User Content and assume all risks associated with your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Content that personally identifies you or a third party. FCL cannot guarantee any confidentiality with respect to any User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person.

 

Intellectual Property. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Website and Website Content are owned by FCL. Neither these Terms, nor your access to the Website, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights. FCL reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

 

NO WARRANTIES. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FCL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification. You agree to indemnify and hold harmless FCL (and its employees, service providers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including costs and reasonable attorneys’ fees) assessed or incurred by Us, directly or indirectly, with respect to or arising out of: (i) your violation of these Terms; (ii) your use of the Website or Website Content; (iii) your violation of applicable laws or regulations; (iv) your User Content; and (v) your willful misconduct. FCL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FCL. FCL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FCL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR WEBSITE CONTENT, EVEN IF FCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS WEBSITE AND WEBSITE CONTENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO FCL FOR OR RELATING TO THE WEBSITE OR WEBSITE CONTENT WITHIN THE PRIOR TWELVE (12) MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Termination. The Terms will remain in full force and effect while you use the Website. We may suspend or terminate your right to use the Website (including your account, if any) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. FCL will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account.

 

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms that cannot be resolved amicably will be subject to the exclusive jurisdiction of the state and federal courts located in Washington. You willingly and expressly agrees that any dispute under these Terms must be brought in a court located in Kings County, Washington, and by these Terms, you submit to and unconditionally accept the jurisdiction of those courts.

 

Age Restriction. You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms.

 

Privacy. FCL collects and uses personal information about you when you access and use the Website in accordance with its Privacy Policy.

 

Electronic Communications. By using the Website, you consent to receive electronic communications from FCL unless you follow applicable opt-out procedures. FCL will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Third Party Links. The Website may include links content provided by third parties (“Third Party Content”). Third Party Content is provided for your convenience and information only. Third Party Content is not under the control of FCL and FCL is not responsible for any Third Party Content. The inclusion of Third Party Content does not imply endorsement, affiliation, partnership, or sponsorship by FCL. Use of any Third Party Content is at your own risk.

 

Local Laws. FCL makes no representation that the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws. The Website may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website, or any products utilizing such data, in violation of the United States export laws or regulations.

 

Miscellaneous. These Terms constitute the entire agreement between you and FCL regarding the Website. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

Changes. FCL may revise these Terms or the Website, or stop providing the Website at any time and without notice to you. FCL encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.

 

Contact. For questions on these Terms, please contact us at orders@frans.com.

 

Copyright Notice

© 2024 Fran's Chocolates. All Rights Reserved.

Any rights not expressly granted herein are reserved.