This privacy notice discloses the privacy practices for www.philipmarkschocolates.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
Information Collection, Use and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Your Access to and Control Over Information
You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via telephone at (415) 494-5346 or at www.philipmarkschocolates.com/pages/contact.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
PHILIPMARKSCHOCOLATES.COM TERMS AND CONDITIONS
These terms and conditions govern your use of philipmarkschocolates.com (hereinafter known as “website”); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least eighteen (18) years of age to use this website. By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least eighteen (18) years of age.
License to Use Website
Unless otherwise stated, Philip Marks Chocolates and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website without prior consent from Philip Marks Chocolates (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website (except for content specifically and expressly made available for redistribution).
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Philip Marks Chocolate’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
This website is provided “as is” without any representations or warranties, express or implied. Philip Marks Chocolates makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Philip Marks Chocolates does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Philip Marks Chocolates will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Philip Marks Chocolates has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Philip Marks Chocolates’s liability in respect of any:
- death or personal injury caused by Philip Marks Chocolates’s negligence;
- fraud or fraudulent misrepresentation on the part of Philip Marks Chocolates; or
- matter which it would be illegal or unlawful for Philip Marks Chocolates to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, Philip Marks Chocolates has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Philip Marks Chocolates’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Philip Marks Chocolates’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Philip Marks Chocolates.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Philip Marks Chocolates and undertake to keep Philip Marks Chocolates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Philip Marks Chocolates to a third party in settlement of a claim or dispute on the advice of Philip Marks Chocolates’s legal advisers) incurred or suffered by Philip Marks Chocolates arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Philip Marks Chocolates’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Philip Marks Chocolates may take such action as Philip Marks Chocolates deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Philip Marks Chocolates may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Philip Marks Chocolates may transfer, sub-contract or otherwise deal with Philip Marks Chocolates’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Philip Marks Chocolates in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
The website is operated and controlled by Philip Marks Chocolates from its office in Brisbane, California, United States of America. These terms and conditions will be governed by and construed in accordance with the laws of the state of California, United States of America, without regard to its principles of conflicts of law. Any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of California and the United States of America and is not intended to subject Philip Marks Chocolates to the laws or jurisdiction of any state, country, or territory other than that of California and the United States of America.
Philip Marks Chocolates’s details
Philip Marks Chocolates’s office address is 44 Visitacion Ave., Suite 104, Brisbane, CA 94005, USA. You can contact Philip Marks Chocolates by phone at (415) 494-5346 or online at www.philipmarkschocolates.com/pages/contact.
If you receive an item that has been damaged in transit, due to our negligence, we will be happy to send you a replacement item, at no additional cost, or a refund for the original purchase price, including shipping.
Items that have melted in transit due to the shipping preferences provided by the purchaser are not eligible for replacement or refund. Once your order leaves our factory, we cannot be held responsible for shipment delays caused by: weather, mechanical failure, unforeseen acts of nature, incorrect or incomplete address/delivery information provided by the purchaser.