This Section 9 of the Terroir Cocoa Terms of Service sets forth the limitations of liability and disclaimers applicable to your use of our website, purchase of our products, and your engagement with Terroir Cocoa and its affiliates (collectively, "Terroir Cocoa," "we," "us," or "our").
Please read this section carefully. By accessing our website at terroircocoa.com or purchasing products from us, you acknowledge that you have read, understood, and agreed to the limitation of liability provisions set forth herein.
The limitations and disclaimers contained in this section apply to the fullest extent permitted by applicable law. Certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
To the fullest extent permitted by applicable law, Terroir Cocoa disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to our website, services, and products, including but not limited to:
All products are sold "AS IS" and "AS AVAILABLE" without warranty of any kind. Terroir Cocoa does not warrant that our website or products will be uninterrupted, secure, error-free, or free from harmful components.
This means that Terroir Cocoa provides its products and services without any guarantee beyond what is expressly stated on product labels and packaging. Any representations not contained in the product's official labeling, nutritional information, or certified packaging materials are not guaranteed.
To the maximum extent permitted by applicable law, in no event shall Terroir Cocoa, its officers, directors, employees, agents, suppliers, or partners be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with:
In no event shall Terroir Cocoa's total aggregate liability to you for any and all claims arising out of or relating to your use of our website or products exceed the greater of (a) the actual amount you paid to Terroir Cocoa for the specific product or service giving rise to the claim, or (b) $25.00 USD.
| Liability Category | Maximum Cap | Applicability |
|---|---|---|
| Product-Related Claims | Full purchase price of product | Individual purchase orders |
| Website / Digital Services | $25.00 USD | Aggregate per user, all claims |
| Wholesale / B2B Orders | Full purchase price of order | Individual contracts, as specified |
| Farm Tour Liability | As per separate liability waiver | Requires separate signed waiver |
Terroir Cocoa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
This exclusion applies regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise) and even if Terroir Cocoa has been advised of the possibility of such damages.
Our artisanal chocolate products are handcrafted in small batches using natural, organic ingredients. As such, certain natural variations may occur that do not affect product quality or safety but may differ from product images or descriptions:
While natural variations may occur, Terroir Cocoa guarantees that all products meet our strict quality standards and are safe for consumption when handled and stored as directed. If you receive a product that is visibly damaged or defective upon delivery, please contact us within 48 hours of receipt for resolution.
All Terroir Cocoa products are manufactured in facilities that may process or come into contact with the following allergens:
While we take extensive precautions to prevent cross-contamination, we cannot guarantee that any product is entirely free from allergens. Consumers with allergies or food sensitivities should carefully review the ingredient list and allergen information on each product's packaging before consumption.
It is the sole responsibility of the consumer to determine whether Terroir Cocoa products are safe for consumption based on individual allergies and dietary restrictions. Terroir Cocoa shall not be held liable for any adverse reactions resulting from the consumption of its products by individuals with allergies or sensitivities, provided that all allergen information was accurately and conspicuously disclosed on the product packaging.
Our website may contain links to third-party websites, including but not limited to farm partners, wholesale distributors, cacao cooperatives, and food industry publications. These links are provided for informational purposes only and do not constitute an endorsement or affiliation.
Terroir Cocoa assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk, and Terroir Cocoa shall not be liable for any damages arising from your use of such websites.
We encourage you to review the terms of service and privacy policy of any third-party website before providing personal information or making any purchases.
Terroir Cocoa shall not be liable for any failure or delay in performing its obligations under these terms when such failure or delay results from circumstances beyond our reasonable control, including but not limited to:
In the event of a force majeure event, Terroir Cocoa will use commercially reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable.
Notwithstanding anything contained in this Section 9 to the contrary:
If you are a consumer residing in the European Union, United Kingdom, Australia, or other jurisdictions with mandatory consumer protection laws, you may have additional rights that are not limited by this section. The disclaimers and limitations in this section apply only to the extent permitted by the laws of your jurisdiction.
This Section 9 and its limitations shall be governed by and construed in accordance with the laws of Ecuador, without regard to its conflict of law principles. However, nothing in this section shall affect the mandatory consumer protection laws of the consumer's country of residence.
If any provision of this Section 9 is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or shall be severed if modification is not possible. The remaining provisions shall continue in full force and effect.
This Section 9 constitutes the entire limitation of liability applicable to your relationship with Terroir Cocoa and supersedes any prior or contemporaneous oral or written communications regarding the subject matter herein. No amendment or modification is effective unless made in writing and signed by an authorized representative of Terroir Cocoa.
This means that if a court finds any single part of this Limitation of Liability section to be unenforceable, the remaining parts still stand and remain in effect. Only the specific provision that is found unenforceable would be removed or modified.
If you have any questions, concerns, or requests regarding this Limitation of Liability section, or if you would like to discuss our products and policies further, please contact us:
We aim to respond to all legal inquiries within 3 business days.
This Limitation of Liability is Section 9 of our full Terms of Service. For complete legal terms, please refer to the full document, which also includes sections on Privacy Policy, Return & Refund Policy, Shipping Terms, and Intellectual Property Rights.