Terms of service
This website is operated by Naked Chocolate. Throughout the site, the terms “we”, “us” and “our” refer to Naked Chocolate.
Naked Chocolate offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
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 or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Naked Chocolate Company , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Naked Chocolate Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Scots Law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
No Child Labor Policy
NAKED CHOCOLATE COMPANY does not accept child labor and works actively against it in support of the United Nations (U.N.) Convention on the Rights of the Child (1989) and the International Labor Organization (ILO) Minimum Age Convention no. 138 (1973) and ILO Convention on the Worst Forms of Child Labor no. 182 (1999). The Company is against all forms of exploitation of children in any of its global operations and facilities and does not provide employment to children before they have reached the legal age to have completed their compulsory education, as defined by the relevant authorities. The Company respects different cultures and values in countries where The Company operates and sources its products, but does not compromise on the basic requirements regarding the Rights of the Child.
The Company expects its suppliers, business partners and associates (collectively referred to as “Suppliers”) to have and uphold similar standards and abide by country-governing laws in countries wherein they operate. The violation of this principle will cause serious action, including discontinuation of the business relationship.
Child labor is a violation of a human right and it is recognized and defined by international instruments. International standards distinguish acceptable and unacceptable work for children at different ages and “child labor” should not be confused with “youth employment” or “student work”. The International Labor Organization (ILO) Minimum Age Convention no. 138 (1973) and ILO Convention on the Worst Forms of Child Labor no. 182 (1999) provide the framework for national law to prescribe a minimum age for admission to employment or work. Lower ages might be permitted for temporary periods of time in countries with less developed economic and educational facilities. The priority, nevertheless, is to eliminate the worst forms of child labor performed by children under the age of 18.
Forms of child labor are considered but not limited to: any form of slavery (trafficking of children, debt bondage, forced and compulsory labor, use of children in armed conflict, prostitution, production of pornography etc.); the use, procuring or offering of a child for illicit activities (trafficking of drugs); work that is likely to harm the health of the child.
All actions to avoid child labor shall be implemented by taking the child’s best interests into account.
The Company implementation of the policy is under the responsibility of the human resources department and the security staff, who do not permit minors to enter any facility as employees. Employment contracts and other records will document all relevant details of the employees, including age, and they shall be open to verification by any authorized personnel or relevant statutory body.
The Company requires that all suppliers and other partners shall recognize the U.N. Convention on the Rights of the Child, and that the suppliers and partners shall comply with all relevant national and international laws, regulations and provisions applicable in the country of production in this regard. Suppliers and partners are obliged to take the appropriate measures to ensure that no child labor occurs at suppliers’ and their sub-contractors’ places of production. If child labor is found in any place of production, The Company will require the suppliers to implement a corrective policy plan. If the corrective policy plan is not implemented within the agreed time-frame, or if repeated violations occur, The Company might terminate all business with the suppliers concerned. The suppliers shall effectively communicate to all its sub-contractors, as well as to its own co-workers, the content of The Company’s Child Labor Policy, and ensure that all measures required are implemented accordingly.
The Company shall develop awareness and understanding of the causes and consequences of child labor in all its facilities and for all its employees. The Company’s geographically distant suppliers might require a higher level of vigilance and The Company should clearly identify and state the policy’s requirements providing a “Supplier Code of Conduct” with which suppliers are expected to comply and it may be imposed as a contractual obligation. If The Company engages private employment agencies, it shall ensure that such agencies do not practice any form of child slavery or forced labor.
The Company shall at any stage of employment keep clear and complete track of all the documents and records of its facilities and employees, in some areas of the world The Company might require the assistance of non-governmental organizations, development organizations or UN agencies.
REPORTING CHILD LABOUR
All Naked Chocolate Company staff members are encouraged to report any case of non-compliance with the policy. The employees should be aware that they have a moral and ethical duty to report such instances and should not fear retaliation. The Company recognizes the importance of confidentiality and could grant anonymity to the complainants who wish so, giving that such information does not impede the investigation or resolution of the dispute. There should be no limitation to the filing of complaints, in terms of accessibility to all employees and quantity. The Company will make sure that the employees know where and to whom they can refer for denounces or complaints. The Company ensures that appropriate measures and punishment will be applied in case of non-compliance with such policy.
All suppliers are obliged to keep Naked Chocolate company informed at all times about all places of production/ work sites (including their sub-contractors). Any undisclosed production centers/ work sites found would constitute a violation of this code of conduct.
Through the General Purchasing Conditions for the supply of products to The Naked Chocolate Company has reserved the right to make unannounced visits at any time to all places of production/ work sites (including their sub-contractors) for goods intended for supply to The Company. The Company furthermore reserves the right to assign, at its sole discretion, an independent third party to conduct inspections in order to ensure compliance with The Company’s Child Labor policy.
REMEDIATION AND PUNISHMENT
Violations of the No Child Labor policy may lead to disciplinary action up to, and including, termination of employment/partnership. Disciplinary process will be undertaken in accordance with all applicable local laws and other legal requirements. The Company shall take immediate and effective measures to prevent and eliminate any form of child labor. In case The Company and /or any of its supplier is accused or found guilty of negligence in assuring the respect of this policy, it will resolve the matter as soon as possible and provide remediation to the party’s victim of such negligence or mistake.
Qualified organizations/ experts might be involved in the development of a responsible solution that is in the best long-term interests of the children. The Company (and any supplier involved) will agree a corrective action plan, which may comprise of the following actions:
- Collate a list of all potential child laborers and young workers
- Seek advice and help from a recognized local non-governmental organization that deals with child labor or the welfare of children
- Develop a remediation plan that secures the children’s education and protects their economic well-being, in consultation with The Company and where possible a local NGO, and in consultation with and respecting the views of the child as well as the family of the child.
- Explain the legal requirements and restrictions on working ages to the children and assure them that, if they wish, they will be employed when they reach working age
- Understand the children’s desires and explore the opportunities for them to re-enter education.
- Whether the child contributes to the livelihoods of their family or they are self-dependent, his or her wage should continue be paid until they reach working age, or until an alternative long-term solution has been agreed with the child and their family (for example employment of an unemployed adult family member in place of the child laborer).
- Ensure that the child worker has adequate accommodation and living conditions.
- Document all actions
- Develop processes to prevent recurrence
1 Art 3: “All actions concerning the child shall take full account of his or her best interests.”; Art 32.1: “The right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development”.
2 Child labour, as defined by the ILO Convention (1999) is “work by children under the age of 12; work by children under the age of 15 that prevents school attendance; and work by children under of age of 18 that is hazardous to the physical or mental health of the child”.
3 Save the Children (http://www.savethechildren.net/) has produced guidance on how to carry out interviews with child workers, and has contacts with local NGOs, with local knowledge and expertise in child labour issues, in many sourcing countries.