Terms and Conditions

Shipping & Returns

Santa Barbara Chocolate will make every attempt to ensure the service and delivery of your order is of the highest exemplary quality. Due to the nature of our products we cannot offer a refund nor can we accept returns. We recommend you opt for the most expeditious transport method when ordering online so as to minimize any chance of melting of chocolate during transit. We pack with insulation and ice packs when we feel it is necessary at no extra charge regardless of the shipping method you choose. Our hope is to ensure your happiness with every order.

Santa Barbara Chocolate can not offer refunds or accept returns of chocolate, cocoa, cacao or other food items. The reason for this policy is due to FDA and HACCP oversight where there are temperature sensitive materials, sanitation and tampering considerations. As a result, any returned product would have to be destroyed and not placed back into stock. We do not and can not re-sell returned products and this is why we do not accept returns or offer refunds. Our priority is customer safety and this is the reason behind our policy.

Please be sure to double-check your shipping address when you are checking out to make sure it is correct. Santa Barbara Chocolate is not responsible if an incorrect address or undeliverable address is given to us for shipping. If the incorrect address is given and the shipment has to be re-routed by the courier for delivery, there will be a charge of $25 to your credit card for each shipment that is re-routed. Santa Barbara Chocolate is not responsible if the wrong delivery address is given and the package is delivered to the wrong and/or unknown recipient. We use the best and most secure of shipping agencies; however, we cannot be held responsible if the shipping agency delivers an order to the wrong address. If the address is undeliverable Santa Barbara Chocolate does not offer refunds even if the package is returned. Return packages cannot be added back to inventory because it is a food product with special handling requirements and to avoid risk of contamination.

If you place an order and then cancel the order before we have processed it, Santa Barbara Chocolate will refund your purchase amount. If you cancel an order after it has been processed, you will be responsible for all shipping charges including but not limited to rerouting fees. You will not be refunded the cost of shipping, rerouting or return shipping. If you opted for $9 flat rate shipping and then cancel you order after it has been processed, you will be responsible for paying Santa Barbara Chocolate’s actual shipping cost which may exceed the $9 flat rate shipping fee. You will also be responsible for paying all additional shipping costs including but not limited to rerouting fees and return shipping fees. Additionally, a restocking fee equaling 25% of the purchase total will be charged. All edible items are non-returnable.

Most orders are processed within 1-3 business days of receiving an order and/or funds transfer. Sometimes it can take up to 7-14 business days for your order to ship from our warehouse if the item you have chosen is on back order. We will make every attempt to process your order as quickly as possible but due to factors outside of our control such as weather or shipping agency we are not responsible if your order does not arrive at the requested destination by a requested date or time.

Upon completing your order you will receive an email notification that we are processing that order. When your order is shipped, you will receive another email confirmation that your order is on its way to your designated shipping destination via the method you have chosen. Tracking information is available for your shipment. Once your order has been delivered another email notification will be sent to you confirming your package has reached its destination. After delivery confirmation email notification, if for any reason you believe your package has not reached your designated shipping destination, you must notify us within 24 hours of that delivery confirmation and also the shipping company. We will do our very best to ensure your order is delivered. All orders shipped by Santa Barbara Chocolate will be scanned by a transit company (i.e. FedEx or USPS) as proof of shipment when leaving one of our warehouses. Once the buyer's order is scanned the responsibility of the order shifts to the buyer. This means the risk of loss or damage is transferred to you, the Buyer, when the goods are loaded onto the truck departing our warehouse. In Incoterms this is called F.O.T. (Free on Truck). 

Santa Barbara Chocolate will package your order making every attempt to prevent damage that could happen in transit. However, we can not be responsible for melted or destroyed chocolate.  A special note regarding chocolate cherries: Chocolate Cherries are filled with a liquid cherry juice.  Due to barometric pressure changes that happen during transit, some seepage or breakage may occur. Cherry orders will not be replaced if breakage and or seepage occurs.

Promotional Shipping Policy - Flat Rate Shipping $9 and Free Shipping

Please call if you have questions: 1.805.477.7682.  $9 shipping and Free shipping offers do not apply to pallet purchases or to orders receiving volume discounts. Santa Barbara Chocolate is not responsible for late shipments due to weather conditions or other circumstances beyond our control.

Our special $9 flat rate and Free shipping does not apply to orders outside of the 48 contiguous United States or orders being shipped to multiple addresses, combined orders, or special needs shipments. Please know Santa Barbara Chocolate will package your order with attention to detail and care making every attempt to prevent damage - we pack with insulation and ice packs no charge during hot weather here in California. However, we are not responsible for melted or destroyed chocolate and can not offer refunds or accept returns. We are very successful at shipping and if you have any questions or concerns please call us: 1.805.477.7682.

Shipping Addresses

Shipments are delivered Monday through Friday, except legal holidays. Our carriers do not normally deliver on weekend days and weekends are not included in shipping estimates. Signature confirmation and Saturday delivery are available for an extra charge, please call 1.805.477.7682 to make arrangements. Shipments returned due to an incorrect shipping address will require an additional charge for reshipment. Shipping charges will not be refunded for late deliveries if the business is closed or not available to receive the package when delivered. When shipping to a hotel or hospital, please verify discharge/checkout times and make necessary arrangements with the delivery location to ensure delivery to recipient's room. Santa Barbara Chocolate is not responsible for packages misdirected after delivery.

Delayed Shipments

Every effort will be made to meet requested arrival dates; however, orders may arrive early or late and cannot be guaranteed to arrive on exact dates.

Additional Info

For more help with shipping, business orders to multiple addresses or to arrange special delivery please email: [email protected]

Administration Office: Santa Barbara Chocolate 2112 Eastman Ave Ste. 113 Ventura CA 93003 (805) 477-7682 

Warehouse: Santa Barbara Chocolate 710 Del Norte Blvd. Oxnard CA 93030

GUARANTEE AND ADDITIONAL INFORMATION: 

Please keep in mind you are ordering a chocolate type based on a general recipe that could have variations (in the individual product details we describe the chocolate type). Shape, size, color, texture, cocoa content and individual perception of sweetness and flavor can change without notification or due to one's personal demeanor (this is a food product and is therefore subjective based on environmental issues, emotion and context). We will make the chocolate products as close as possible to the specification listed on the individual product page, but variation may occur (chocolate is an agricultural crop and variation happens naturally and production may make adjustments without notification). If we are out of a product and it is necessary, we may upgrade your order and fill it with a similar chocolate type without notification. We do not guarantee a specific recipe or formulation for each type of chocolate. We may make recipe adjustments or changes to individual products without notification. We do not offer refunds or returns on chocolate, cocoa, cacao or any food items.

SALES CONFIRMATION TERMS TO GOVERN:

Except as set forth below, the terms and conditions of this Order Confirmation set forth the entire understanding between the Seller (Santa Barbara Chocolate Co.) and the Buyer (You, the Purchaser, using the website SantaBarbaraChocolate.com) and supersede all other prior agreements with respect to the subject matter of this Confirmation and any additional or inconsistent terms contained in Buyer’s purchase order or other documents. The terms and conditions in this Confirmation may not be changed except with the written agreement of the Buyer and Seller and may not be waived except with the written consent of the waiving party.

Warranties and Disclaimers: Seller represents and warrants that, as of the time and at the place of delivery, (i) Seller has the right to convey good title to the goods and/or services and (ii) the goods and/or services delivered will conform to agreed-upon specifications. EXCEPT FOR THE FOREGOING, SELLER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Seller’s Intellectual Property: Buyer may not use Seller’s trade names, trademarks, logos, service marks, or other proprietary marks.

Limitation of Liability: Any claim by Buyer (i) that any goods or services do not conform to the agreed-specifications or (ii) made otherwise with respect to the goods or services must be made promptly and will be deemed to be waived unless received, in writing, by Seller within FIVE (5) days after the delivery of the goods or services. Buyer’s exclusive remedy and Seller’s exclusive liability for delivery of nonconforming goods or services or for breach of warranty is expressly limited to, at Seller’s option, (i) replacement of the nonconforming goods or services or (ii) refund of the purchase price to the extent already paid. All nonconforming goods must be returned to Seller or, at Seller’s direction, disposed of by Buyer in a manner acceptable to Buyer and Seller. IN NO EVENT WILL SELLER BE LIABLE TO BUYER, OR TO ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF WHATSOEVER NATURE.

Buyer Indemnity and Breach: Buyer agrees to indemnify Seller from any and all liability that may arise from the delivery, use, storage, transportation, or resale of the goods and/or services. If Buyer breaches any of its obligations hereunder, Seller has the right to immediately terminate this Confirmation, in whole or in part, and pursue any other remedy available to Seller under this Confirmation or applicable law.

Price Increase: Any advance in applicable freight rates, fuel, energy and transportation surcharges, taxes, duties or other assessments or fees on this Confirmation or the production, processing, sale, delivery, storage, shipment, transportation or use of the goods, services and/or the raw materials sold hereunder, taking effect after the date of this Confirmation but before the fulfillment of this Confirmation may, at Seller’s option, be added to the Price(s) set forth in this Confirmation. Seller will also have the right, at Seller’s option, to add to the Price any increase in the cost of production because of any legislation passed or regulations issued after the date of this Confirmation. 

Risk of Loss/Transfer of Title: Except as otherwise specifically stated in this Confirmation, Buyer will assume title to the goods at the same time Buyer assumes risk of loss in accordance with the applicable INCO/Delivery Term set forth as F.O.T.. The Risk of Loss or damage and Title are transferred to the Buyer when the goods are loaded onto the truck departing our location. ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS.

Failure to Take Timely Delivery: If Buyer fails to take timely delivery of any goods and/or services, Seller may, in addition to its other remedies, (i) extend the delivery period and/or (ii) assess Buyer carrying charges, demurrage, detention and/or other charges or penalties.

Financial Condition: If Buyer fails to make timely payment of any obligations or if Seller determines that there are reasonable grounds for insecurity concerning Buyer’s performance, Seller may require immediate payment of all sums owed by Buyer; or demand adequate assurance of due performance. Seller may, in addition to its other rights or remedies, treat Buyer’s failure to make immediate payment or provide adequate assurance of performance as a total breach of this Confirmation. 

Force Majeure: A party will be excused from a failure to perform or a delay in performance caused by events beyond its reasonable control if that party (i) takes reasonable efforts to remove the cause of its inability to perform or its delay in performance and (ii) gives prompt notice to the other party of the particulars of its inability or delay. In the event Seller is unable to supply the total requirements of its customers, Seller may allocate its available supply among its customers in a manner determined by Seller to be fair and equitable. Seller will have the right to terminate this Confirmation, without any liability to Buyer, if either party’s performance is excused for more than twenty (20) calendar days.

Right to Offset: Without limiting Seller’s other rights and remedies, Seller has the right to set off and/or net its obligations under this Confirmation against any debts, claims or obligations owed by Buyer to Seller.

Weights and Analysis: Unless otherwise stated in this Confirmation Seller’s weights, analysis and condition, at origin, will govern.

Confidentiality: Buyer agrees to keep confidential the terms and conditions of this Confirmation.

Governing Law: The laws of the jurisdiction of the address of the Seller of this Confirmation will govern this Confirmation.

Notices: All legal notices permitted or required under this sales confirmation shall be in writing, shall be sent by certified or registered mail, return receipt requested, and shall be deemed effective upon actual receipt or upon receipt by the sender of confirmation of delivery to the receiving party, whichever is earlier. Notices shall be sent to Purchaser at the billing address they have provided. Notices should be sent to seller at the administration address.

Dispute Resolution: The parties agree that if they are unable to resolve any dispute between themselves regarding this sales Confirmation, they shall submit the dispute for binding arbitration in The State of California, according to the Commercial Arbitration rules of the American Arbitration Association, as are then in effect.

Assignment: Buyer may not assign any of its rights or obligations hereunder without Seller’s prior written consent. This Confirmation will be binding upon and inure to the benefit of the parties and their heirs, administrators, executors, successors and permitted assigns

Severability: If any provision of this Confirmation is held to be invalid, illegal or unenforceable, either in whole or in part, that holding will not affect the validity, legality or enforceability of the remaining provisions of this Confirmation.

Entire Confirmation: This sales Confirmation constitutes the parties' entire agreement with respect to the subject matter contained herein. 

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