Terms of service

OVERVIEW Welcome to The Belgian BonBon! The terms “we”, “us” and “our” refer to The Belgian BonBon. The Belgian BonBon operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Belgian BonBon is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products. However, colors or product appearance may differ on your screen due to device settings. We do not warrant that the appearance or quality of any products purchased will meet your expectations exactly as rendered. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

SECTION 3 - ORDERS The Belgian BonBon reserves the right to accept or decline your order for any reason. We must receive and process your payment before your order is accepted. Please review your order carefully, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent that your purchases are for personal use only and not for resale.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. Unless expressly stated, posted prices do not include taxes or shipping charges. You agree to provide current, complete and accurate purchase and account information. You represent and warrant that the credit card information you provide is true and that you are authorized to use it.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only. Once we transfer products to the carrier, title and risk of loss passes to you. For chocolate products, please refer to our Shipping Policy regarding heat sensitivity and insulated packaging.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, text, images, and graphics, are owned by The Belgian BonBon, its affiliates or licensors. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, or modify any material without our prior written consent.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools (such as Shopify Inbox) which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and ”as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining the content and we do not warrant and will not have any liability for any third-party materials or websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY The Belgian BonBon is powered by Shopify. Any sales and purchases you make in our Store are made directly with The Belgian BonBon. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and us, including any injury or loss resulting from purchased products. You hereby release Shopify from all claims arising from your transactions with The Belgian BonBon.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services to improve the platform.

SECTION 11 - FEEDBACK If you submit ideas, reviews, or feedback, you grant us a perpetual, worldwide, royalty-free license to use, modify, and display such feedback for any purpose, including commercial use. We are under no obligation to maintain feedback in confidence or pay compensation for it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site that contains typographical errors or omissions related to product descriptions, pricing, or availability. We reserve the right to correct any errors and to change information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES You may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations or laws; (d) to infringe upon our intellectual property; (e) to harass, abuse, or insult others; (f) to submit false information; (g) to upload viruses; or (h) to collect personal information of others. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 14 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

SECTION 15 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DURABILITY. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

SECTION 16 - LIMITATION OF LIABILITY IN NO CASE SHALL THE BELGIAN BONBON, ELSER LLC, OUR DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED.

 

SECTION 17 - INDEMNIFICATION You agree to indemnify and hold harmless The Belgian BonBon, Elser LLC, and Shopify from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to your breach of these Terms of Service or your violation of any law.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms is determined to be unlawful or void, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise any right shall not constitute a waiver of such right. These Terms of Service and any policies posted by us constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT You may not assign any of your rights under these Terms without our prior written consent. We may assign our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the State of Idaho. You consent to the jurisdiction of the courts in Ada County, Idaho.

SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@TheBelgianBonBon.com. Our contact information is posted below:

The Belgian BonBon Legal Name: Elser LLC Email: info@thebelgianbonbon.com Physical Address: 2648 S Holden Ln, Boise, ID 83706, United States Fulfillment Address: 1685 South Telegraph Road, Bloomfield Hills, MI 48302, United States