Terms & Conditions
Effective Date: October 24, 2024
1. Acceptance of Terms
By accessing, browsing, purchasing from, or using any services provided by Terroir Cocoa (collectively, the "Services"), including our website, e-commerce platform, wholesale portals, and on-site farm experiences, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree, please discontinue use immediately.
These terms apply to all visitors, customers, wholesale partners, and participants in farm tours. Terroir Cocoa reserves the right to update these terms at any time, with changes effective immediately upon posting.
2. Products & Natural Variations
Terroir Cocoa specializes in single-origin, farm-to-bar artisan chocolate. Due to the nature of agricultural cultivation, cacao yields, climate conditions, and artisanal production methods, our products may exhibit natural variations in flavor profile, color, snap, and visual appearance between batches. These variations are inherent to premium cacao farming and do not constitute defects.
We strive to maintain consistent quality standards, but we do not guarantee identical sensory experiences across all production runs.
3. Food Safety & Allergens
Our facilities process tree nuts, dairy, soy, and gluten-containing ingredients. While we implement strict cleaning and segregation protocols, cross-contact may occur. Customers with severe allergies should exercise caution and consult product labels carefully.
Terroir Cocoa complies with all applicable food safety regulations in Ecuador and export destinations. Our organic certifications are independently audited annually. We reserve the right to update allergen information without prior notice and encourage customers to review packaging upon receipt.
4. Orders & Payment
All purchases are subject to availability, accuracy of information, and acceptance of payment. By placing an order, you represent that you are legally capable of entering into a binding contract and provide accurate billing/shipping information.
We accept major credit cards, PayPal, and wire transfers for wholesale accounts. Prices are displayed in USD unless otherwise noted. We reserve the right to refuse or cancel orders resulting from errors, fraud, or inventory discrepancies, and will issue refunds for cancelled transactions.
5. Shipping & Delivery
Due to the heat-sensitive nature of chocolate, we use insulated packaging and temperature-controlled logistics where available. Delivery estimates are provided at checkout but are not guaranteed. Terroir Cocoa is not liable for delays caused by carriers, customs, weather, or force majeure events.
International orders are subject to import duties, taxes, and customs clearance in the destination country. The recipient is solely responsible for these fees. Once items leave our facility, risk of loss transfers to the customer.
6. Returns, Refunds & Exchanges
Given the perishable and hygienic nature of food products, we do not accept returns on opened or consumed chocolate. If you receive damaged, melted, or incorrect items, you must notify us within 48 hours of delivery with photographic evidence. We will evaluate claims on a case-by-case basis and issue replacements or refunds at our discretion.
Wholesale accounts operate under separate distribution agreements. Consumer orders may be refunded to the original payment method within 14 days of delivery, provided items remain unopened, factory-sealed, and in resalable condition.
7. Farm Tours & On-Site Visits
Terroir Cocoa operates on active agricultural land with uneven terrain, heavy machinery, and live equipment. By booking or attending a farm tour, tasting session, or educational workshop, you assume all risks associated with outdoor agricultural environments.
Participants must be at least 16 years old (minors accompanied by a guardian). Proper footwear and weather-appropriate attire are required. Terroir Cocoa reserves the right to cancel or modify tours due to weather, crop cycles, or safety concerns. A signed liability waiver is mandatory prior to entry.
8. Intellectual Property
All content on this website, including branding, logos, product photography, farm imagery, recipes, processing methodologies, and written materials, is the exclusive property of Terroir Cocoa and is protected by copyright and trademark laws. Unauthorized reproduction, distribution, or commercial use is strictly prohibited without prior written consent.
Limited sharing for personal, non-commercial purposes is permitted with proper attribution. Wholesale partners must adhere to brand usage guidelines provided in distribution contracts.
9. User Conduct & Prohibited Activities
You agree not to use our Services to:
- Violate any local, national, or international laws
- Scrape, copy, or exploit website data or infrastructure
- Post defamatory, offensive, or misleading content
- Attempt unauthorized access to systems or accounts
- Resell single-origin products without wholesale authorization
Terroir Cocoa may terminate access, ban accounts, or report violations to authorities without prior notice.
10. Limitation of Liability
To the fullest extent permitted by law, Terroir Cocoa shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our products or services, including but not limited to lost profits, data loss, or personal injury unrelated to product defects. Our total liability shall not exceed the purchase price of the product or service in question.
These limitations apply regardless of the legal theory invoked, including contract, tort, or strict liability.
11. Dispute Resolution & Governing Law
These Terms are governed by the laws of the Republic of Ecuador, without regard to conflict of law principles. Any disputes arising from or related to these terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, parties agree to submit to binding arbitration in Quito, Ecuador, in accordance with ICC rules.
Consumers residing in jurisdictions prohibiting mandatory arbitration may pursue claims in local small claims courts for amounts within jurisdictional limits.
12. Modifications to Terms
Terroir Cocoa reserves the right to modify, update, or replace these Terms at any time. Changes are effective immediately upon posting to this URL. Continued use of our Services following updates constitutes acceptance of the revised terms. We encourage periodic review of this page.
13. Contact Information
For questions, complaints, or legal notices regarding these Terms & Conditions, please contact us directly:
Email: legal@terroircocoa.com
Postal: km 12, Napo Valley Road, Ecuador 170505
Phone: +593 99 123 4567 (Mon–Fri, 9:00–17:00 ECT)
All legal correspondence must include your full name, contact details, order reference (if applicable), and a clear description of the inquiry.