SALE
- Sale and Purchase of Goods
Divine Cacao (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase,
goods of the description and quantity described on the checkout window (“Checkout”) and
incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this
Agreement.
- Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website.
- Payment Terms
The total purchase price shall be payable in full by the buyer according to the payment due date
stated at checkout. In addition, Seller shall have the right to pursue any remedies available at law
or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of
collection, including attorney fees, legal fees, and costs and disbursements, if any.
- Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping
policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only.
Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will
not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller’s standards and practices.
- Customs, Duties, and Taxes
The recipient is responsible for assuring that the product can be lawfully imported to the
destination country. When ordering from www.divinecacao.com, the recipient is the importer of
record and must comply with all laws and regulations of the destination country
- Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any
particular purpose for which Buyer may be buying the Goods, except as otherwise provided in
this agreement, and Seller disclaims all other warranties and conditions, express or implied.
seller (including its subsidiaries, affiliates, officers, directors, employees, agents, or
subcontractors, all of which are referred to herein collectively as the “seller affiliates”) shall not be
liable under any circumstance to the buyer or any other party for any special, consequential,
incidental or exemplary damages arising out of or in any way connected with the goods or
otherwise, including but not limited to damages for lost profits, loss of the goods or any
associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or
services, downtime, buyer’s time, lost data, injury to property or any damages or sums paid by
the buyer to third parties, even if the seller or any of the seller affiliates has been advised of the
possibility of such damages. the foregoing limitation of liability shall apply whether any claim is
based upon principles of contract, warranty, negligence, or other tort, breach of any statutoryduty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to
achieve its essential purpose, or otherwise.
in no event shall the seller or any seller affiliate be liable to the buyer or any other party for loss,
damage, or injury of any kind or nature arising out of or in connection with these terms and
conditions in excess of the net purchase price of the goods actually delivered to and paid for by
buyer hereunder.
seller disclaims any warranties of non-infringement with respect to the goods and none of the
seller or any seller affiliate shall have any duty to defend, indemnify, or hold harmless buyer from
and against any or all damages or costs incurred by buyer arising from the infringement of
patents or trademarks or violation of copyrights by any of the goods.
- Colour Disclaimer
The colours of products you see on the computer screen will vary slightly from those of the actual
product. This is because of the difference in underlying technologies of computer monitors or
phone screens and fabric; monitors that are not properly calibrated also add to the difference in
colors. In addition, the lighting used while taking photographs also factors in the final color shown
on the screen. Hence there might be a slight colour variation.
- General
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended
beneficiary of this Agreement. If there is any inconsistency between this Agreement and any
other agreement included with or relating to the Goods, this Agreement shall govern. This
Agreement may not be modified, altered, or amended without the written agreement of Seller.
Any additional or altered terms attached to any order submitted by Buyer shall be null and void
unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or
unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.