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SELLER NAME:
Hogarth Chocolate Company Ltd.
10 Kotua Place, Stoke, Nelson 7010, New Zealand

Trading As: “Hogarth Chocolate Makers”

TERMS AND PAYMENT:
Unless otherwise agreed in writing, payment for the Goods including shipping shall be made at the time the order is placed.

OWNERSHIP OF GOODS
Ownership of the Goods shall pass to Buyer upon payment in full of the purchase price for the Goods and of any other amounts owing by Buyer to Seller.

CANCELLATION
Seller may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to you. Seller shall not be liable for any loss or damage whatever arising from such cancellation.

INTENDED FOR CONSUMPTION
Seller is supplying its products to the buyer for consumption in its original form and packaging. The buyer warrants that the product will not be reformed or rebranded.

INTELLECTUAL PROPERTY
All Intellectual Property rights and interests owned or used by Seller in connection with its business belong to or are licensed to Seller. Buyer agrees not to create, publish, distribute, advertise, or print any material that makes reference to Seller or use our name or any of our trademarks, for any marketing or promotional materials, whether print, broadcast or electronic, without first submitting such material to Seller and receiving written consent.

Buyer may not use any of the Intellectual Property without the written permission of Seller, except as otherwise provided for below:

Buyer must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property or Seller.

Seller has the legal right to refuse to sell, or allow any or all of its trademarked products to be sold to anyone, who in Seller’s opinion will cause harm to the image or marketability of its products.

Nothing contained in this Agreement shall be construed to transfer or assign any rights to Buyer.

USE OF MATERIALS
All materials published on the Seller website, packaging and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Seller or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under New Zealand copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by Seller, product packaging, or other promotional documentation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Buyer acknowledges that Buyer does not acquire any ownership rights by downloading, printing or reproducing and copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Seller or the other designated owner of a posted mark.

FORCE MAJEURE
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

LIMITATION OF LIABILITY
Seller’s total liability arising out of any claim for loss or damages, however arising, shall not exceed the value of the Goods which are the subject of the claim and in no circumstances will Seller be liable where notice of a claim is not provided within 10 working days of delivery of the Goods.

Buyer acknowledges that the seller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the sellers merchandise.

CONSUMER GUARANTEES
Buyer acknowledges that Buyer is acquiring the Goods for the personal consumption and that the provisions of the Consumer Guarantees Act 1993 applies to the supply of Goods by Seller.

MISCELLANEOUS
These terms and conditions of sale constitute the entire agreement between Seller and Buyer, superseding any prior agreements between Buyer and Seller. The failure of Seller to exercise or enforce any right or provision of these terms and conditions of sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms and conditions of sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of sale are for convenience only and have no legal or contractual effect.

CHANGES TO PRICING & PRODUCTS
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. The seller reserves the right, at its sole discretion, to change ingredients, packaging and included documentation. All orders are subject to availability.