Terms and Conditions

Shipping & Returns

Santa Barbara Chocolate's gourmet products, diverse services and special delivery standards are based on our commitment to quality and care for your chocolate order. We securely pack your chocolate products using a combination of insulation materials and ice packs when we deem it necessary during hot weather as a free service to you, regardless of the shipping method you choose. We recommend you opt for the most expeditious shipping method available when ordering online to minimize any chance of melting chocolate during transit. Due to the perishable nature of our products, we cannot offer refunds nor can we accept returns. Our hope is to ensure your happiness with every order.

Most orders are processed within 1-3 business days of receiving payment. If the item(s) you have chosen is on backorder, it may take up to 7-14 business days or longer for your order to ship from our warehouse. We will make every attempt to process your order as quickly as possible. However, we are not responsible if your order for any reason does not arrive at the requested destination by any specific date or time.

Upon completing your order, you will be sent an email notification that your order is being processed. Once your order is shipped, you will be sent another email confirmation that your order is on its way. Tracking information is available for your shipment. Once your order has been delivered, you will be sent another email delivery confirmation.

Santa Barbara Chocolate can not offer refunds or accept returns of any food products, including chocolate, cocoa, cacao or any 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 resell 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 order contents, shipping address and all pertinent information before placing your order to make sure they are correct. Once your order has been placed, it can not be canceled, altered, rerouted, returned or refunded. You will be charged for the items you purchased including shipping.

Santa Barbara Chocolate is not responsible for incorrect addresses, unclaimed shipments, undeliverable addresses or any other incomplete or incorrect information provided by the Buyer. If incorrect information is provided and the shipment has to be rerouted by the courier for delivery, there will be a charge of $25 to your credit card for each shipment that is rerouted. 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 or the package is unclaimed, Santa Barbara Chocolate does not offer refunds even if the package is returned.

All orders sent by Santa Barbara Chocolate are scanned by the shipping company (usually FedEx or USPS), as proof of shipment when they depart our location. Once your order is scanned by that carrier, risk of loss or damage is transferred to you, the buyer and there will be no returns or refunds. Santa Barbara Chocolate packages every order to minimize the risk of damage that could happen in transit. However, we are not responsible for products melted or damaged in transit or due to neglect after delivery. 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.

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

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

ADDITIONAL INFORMATION: 

Please keep in mind you are ordering a chocolate type based on a general recipe that could have variations. Shape, size, color, texture, workability, cocoa content, ingredients and other aspects can change without notification. While we strive for product consistency, every individual's perception of taste, flavor and other sensory factors is subjective. Chocolate is an agricultural food product and is subject to variation. Each product sold on the website is verified through specification analysis and conforms with the description and specifications found on the product page. When necessary we may upgrade your order and fill it with a similar chocolate type of equal or greater value 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 transportation departure of goods from seller's distribution center, (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 TWO (2) 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 once goods have been loaded onto the carrier's transport vehicle departing our distribution 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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