Thank you for your interest in subscribing to the first issue of our Chocolate Bonds!
What is a Chocolate Bond?
It is a subscription membership that entitles you to a specially curated monthly package of our hand-made chocolates, including products that are not yet available in the market. Over 12 months, we will send you chocolates, gift cards and other goodies and surprises that have total retail value of 1.2x the upfront price you pay for the Chocolate Bond subscription. You will also be invited to exclusive educational and culinary events at our shop on the Upper West Side. For the duration of your subscription, you will be entitled to receive a 20% discount on all products, experiences and parties at any Voilà Chocolat location.
Please fill out the following information, and we will contact you to process your transaction. You can also find details about the terms of our first Chocolate Bond below.
Voilà Chocolat Chocolate Bond Subscription Terms of Service
The following terms of service shall set forth the agreement (the “Agreement”) between the person subscribing to a Chocolate Bond by executing the Voilà Chocolat Chocolate Bond Agreement (“you” or “the customer”) and Voila Chocolat UWS, LLC (the “Company”). Such terms may be changed from time to time by the Company and such changes will be binding on both parties hereto, thus you are responsible for reviewing these terms of service each time you sign a Chocolate Bond Contract (a “Contract”).
Payment equal to the face value of the purchased Chocolate Bonds must be received in full in order for the Chocolate Bond subscription to commence. This First Issue of the Company’s Chocolate Bonds offers two denominations of face value: five hundred dollars ($500) and one thousand dollars ($1000). In addition, sales tax equal to 8.875% of face value of the purchased Chocolate Bond the will be charged at the time of purchase, in accordance to New York State tax regulations.
The subscription period will be twelve (12) months. At the end of the subscription period, the Company, at its sole discretion, may offer to the customer to purchase a renewal subscription to the Chocolate Bond at face value denominations solely determined by the Company. The subscription period begins on the first day of the month following the month in which the Chocolate Bond is purchased.
In exchange for subscription price paid, the Company will mail, on the 20th day of each month during the subscription period, to the customer a monthly package, containing hand-made chocolates, gift cards, and other valuable merchandise, selected solely at the Company’s discretion. Each monthly package will have a retail value of approximately one-tenth (10%) of the face value of the Chocolate Bond purchased. The Company will at its sole discretion select the mail carrier utilized to deliver all monthly installments. If in any particular month, you would prefer to receive a gift card of the same value as the expected retail value of the products in the monthly installment, you must notify us no later than the last day of the previous month by emailing us at: email@example.com. In order to be eligible to receive the Chocolate Bond monthly installments, you must provide us with the recipient’s valid name, email address and mailing address, which can be serviced by the United States Postal Service.
BOND HOLDER DISCOUNT
As a Chocolate Bond holder, you will be entitled to a 20% discount on all “Discountable” products and services offered in our retail locations. “Discountable” products and services include all chocolates, food and beverages made by the Company, as well as all chocolate-making activities, classes and party packages. “Discountable” products and services exclude all books, gift cards, shipping and handling, catered food and drinks provided by third-party companies, special offers and packages sold by third-party marketers (such as Gilt City, Vimbly and Viator). This Chocolate Bond holder discount cannot be combined with any other discount, price promotion or special offer.
This Chocolate Bond is non-transferable. If you would like to purchase the Chocolate Bond as a gift for another person, you must execute the Chocolate Bond Agreement yourself and designate the other person as the Chocolate Bond bearer. You must also provide us with the bearer’s valid name, email address and mailing address, which can be serviced by the United States Postal Service.
CANCELLATIONS, RETURNS OR EXCHANGES
All purchases of the Company’s Chocolate Bonds are final and non-refundable. Products received through our monthly installment packages sent to you cannot be returned or exchanged for any other products or services. You may, however, choose to receive a gift card in lieu of any monthly installment package. If you decide to do so, you must notify us no later than the last day of the previous month by emailing us at: firstname.lastname@example.org.
If you or anyone in your household, or anyone who is likely to consume the products provided in the monthly installment packages, is subject to allergic reactions or other adverse health consequences from chocolate or the other types of food stuffs provided at our store or mailed to you, it is your responsibility to take precaution and read the ingredient labels on our products and to avoid consumption of those items. You should consult your physician or other healthcare provider about all such matters.
The customer agrees to defend, hold harmless and indemnify the Company from and against, and shall compensate and reimburse the Company for, any and all losses, claims, damages, expenses or liabilities (“Claims”) that are directly or indirectly asserted, or awarded against, or incurred by the Company and which arose, arise or relate to the event for which the customer executed a Contract, including Claims resulting from the Company’s own negligence but excluding Claims resulting from the Company’s gross negligence or intentional wrongdoing. The Company shall have the right to control all litigation asserting any Claim, at the customer’s cost, and no settlement of any Claim shall be entered into without the Company’s written consent.
DISCLAIMER OF WARRANTY
THIS WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED HEREIN AND PRODUCTS AND SERVICES MADE AVAILABLE TO YOU AT OUR STORE OR MAILED TO YOU ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU AT OUR STORE OR MAILED TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS OR PREMISES AND YOUR CONSUMPTION OF FOOD, BEVERAGES OR OTHER PRODUCTS MADE AVAILABLE THERE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU AT OUR STORE OR MAILED TO YOU ARE FREE OF HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS OR SERVICES PROVIDED AT OUR STORE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
(a) You understand and acknowledge that your consumption of the food and beverage products sold by the Company may cause illness or other personal injury, that such products may become adulterated, may contain harmful ingredients and may cause allergic reactions. You represent that you have independently investigated the advisability of consuming chocolate products and other products sold by the Company and have consulted your healthcare professional in that regard.
(b) You also represent that you have read this entire waiver and liability release, or had it read to you, that you fully understand it and that you intend to relieve the Company, its officers and employees and its successors and assigns from any and all liability for personal injury, property damage or wrongful death caused by negligence or any other cause (although not if caused by the Company’s gross negligence or intentional wrongdoing).
(c) Notwithstanding any other provision in this Agreement, you agree that the Company’s liability to you for any reason shall not exceed the amount you pay to the Company for its products and that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final binding arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
PLACE FOR ALL DISPUTES
All disputes arising out of this Agreement or the performance thereof shall be determined exclusively under the laws of the State of New York, without reference to its conflict-of-law provisions, and you consent to the personal jurisdiction of the state and federal courts located in New York County, New York. You shall not initiate any legal proceeding arising out of this Agreement or the performance thereof in any jurisdiction other than in the state or federal courts located in New York County, New York. In any proceeding to enforce the Company’s rights hereunder, the Company shall be awarded all of its costs and fees, including reasonable attorneys’ fees.
ENTIRE AGREEMENT; VARIATION
This Agreement sets forth the entire agreement between you and the Company with respect to your event; provided, however, that the Company reserves the right to modify this Agreement, effective as of the date of the modification, at any time at its sole discretion. If the Company does make changes to the Agreement, the Company will post a revised Agreement on this website. You will be responsible for regularly checking the website for any such changes. By executing a Contract after the effective date of any change, you agree that you will be bound by the revised Agreement.
If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provisions shall be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement shall not be affected thereby.
When any notice is required or authorized hereunder, such notice shall be given in writing by recognized overnight express service, certified or registered mail, or personal delivery, in the case of the Company, to the address on this website, with a copy to: Black & Associates, 100 Wall Street, Suite 900, New York, NY 10005, and in the case of the customer, to customer’s attention at the address, including e-mail address, on file with the Company, or such other address as may be obtained through means believed by the Company in good faith to be accurate. It shall be your responsibility to provide your current address to the Company. A notice shall be deemed given on the date of personal delivery, one business day after being deposited with the overnight express service, or five days after being deposited in the certified or registered mail.
No delay, omission, or failure to exercise any right or remedy provided herein shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.