Terms of service

Welcome to INDYA CHOCOLATIER™. These Terms of Service ("Terms") govern your access to and use of the Indya Chocolatier website, online store, products, services, and related features (collectively, the "Services").

The Services are operated by Indya Chocolatier LLC, a California limited liability company ("Indya Chocolatier," "INDYA," "we," "us," or "our").

By accessing or using our Services, creating an account, or placing an order with us, you agree to these Terms and to any policies expressly incorporated into them. If you do not agree to these Terms, please do not use the Services or place an order.

1. Eligibility and Use of Our Services

By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or that you have the consent of a parent or legal guardian.

You may not use our Services or products for any unlawful or unauthorized purpose or violate any applicable laws in connection with your use of the Services.

You agree not to interfere with, disrupt, damage, disable, overburden, or impair the operation or security of our website or Services.

We reserve the right to refuse service, restrict access, or cancel transactions for any lawful reason.

2. Online Store and Third-Party Providers

Our online store may be hosted or supported by third-party commerce, technology, payment, fulfillment, shipping, analytics, communications, and other service providers.

These providers enable us to operate portions of our Services and process transactions. Your use of certain functionality may therefore also be subject to the applicable third party's terms and policies.

We are not responsible for the independent acts, omissions, availability, security, practices, or policies of third-party service providers except to the extent required by applicable law.

3. Products and Availability

Indya Chocolatier creates handcrafted chocolate and confectionery products. Many products are made in small batches, offered seasonally, produced in limited quantities, or made specifically for particular releases or occasions.

All products are subject to availability.

We reserve the right, where permitted by law, to:

  • Limit quantities

  • Discontinue products

  • Modify product offerings

  • Limit sales to particular customers, geographic regions, or jurisdictions

  • Establish purchase limits

  • Refuse suspected fraudulent or unauthorized transactions

  • Cancel orders where reasonably necessary

If we cancel a paid order, we will refund the amount paid for the cancelled portion of the order.

Availability shown on our website is not guaranteed until an order has been accepted and processed.

4. Handcrafted Products and Natural Variation

Our chocolates and confections are handcrafted products.

Individual pieces may therefore vary slightly in color, decoration, finish, pattern, shape, dimensions, weight, texture, positioning, or other visual characteristics.

Hand-painted, airbrushed, decorated, molded, enrobed, or otherwise individually finished products will not necessarily be identical to one another or to website photographs.

These reasonable variations are inherent characteristics of handcrafted food products and are not defects.

We make reasonable efforts to display our products accurately. However, colors and other visual characteristics may also appear differently depending on photography, lighting, screen settings, devices, and displays.

5. Product Descriptions and Information

We make reasonable efforts to ensure that product descriptions, photographs, ingredient information, pricing, quantities, dimensions, and other information on our website are accurate.

However, occasional errors, omissions, or inaccuracies may occur.

We reserve the right to correct errors or omissions and, where permitted by law, modify or cancel an affected order.

Descriptions of flavors, aromas, textures, tasting notes, intensity, origins, inspirations, pairings, or sensory experiences are subjective descriptions intended to communicate the character of our products. Individual experiences and preferences may vary.

6. Product and Packaging Substitutions

From time to time, availability or supply conditions may require reasonable substitutions to packaging, decorative elements, ribbons, inserts, presentation materials, or similar non-food components.

Such substitutions may be made without prior notice provided they do not materially alter the product purchased or materially reduce its value.

We will not intentionally substitute a materially different chocolate flavor or food product without reasonable notice or customer consent unless the applicable assortment, product, or listing is expressly described as variable, seasonal, chef-selected, subject to substitution, or otherwise permits such variation.

7. Ingredients and Allergens

Our products are food products intended for human consumption.

Customers with food allergies, intolerances, sensitivities, dietary restrictions, or other food-related concerns are responsible for reviewing the ingredient and allergen information accompanying the applicable product before consumption.

Our products may contain milk, tree nuts, peanuts, wheat, soy, sesame, and other allergens as identified on the applicable product label. Products may be manufactured using shared equipment or in facilities where allergens are present.

Specific products may contain only some of these allergens. Customers should rely on the ingredient and allergen information accompanying the individual product rather than assuming that every product contains or is free from a particular allergen.

Ingredients, suppliers, formulations, and manufacturing conditions may change from time to time. The information accompanying the physical product should therefore be reviewed before consumption, even if the product has been purchased previously.

Unless expressly stated by us, no product should be assumed to be allergen-free or manufactured in an allergen-free environment.

Reasonable procedures may be used to manage allergen cross-contact, but we cannot guarantee the complete absence of trace amounts of allergens.

Individuals with severe food allergies should not rely solely on website descriptions, historical product information, social-media content, or informal customer-service communications when determining whether a product is appropriate for them and should review the allergen information accompanying the product before consumption.

It is the purchaser's responsibility to communicate relevant ingredient and allergen information to any person to whom the purchaser gifts, serves, resells where authorized, or otherwise provides our products.

Nothing in these Terms limits obligations imposed on us by applicable food-safety or labeling laws.

8. Dietary Descriptions

Terms such as "vegetarian," "vegan," "gluten-free," or other dietary descriptions, when used by us, describe the product according to the ingredients and standards identified by Indya Chocolatier.

Such descriptions should not be interpreted as an allergen-free guarantee unless we expressly state otherwise.

A dietary designation does not necessarily mean that a product was manufactured in a facility or on equipment free from ingredients outside that dietary designation.

Customers with allergies or medically significant dietary restrictions should review the applicable product's ingredient and allergen information.

9. Storage, Shelf Life and Consumption

Chocolate and confectionery products may be sensitive to temperature, humidity, sunlight, odors, handling, and storage conditions.

Customers and recipients are responsible for following storage, refrigeration, serving, and consumption instructions provided with a product or on our website.

Certain products may have limited shelf lives. For optimal quality, products should be consumed within any recommended period stated on the packaging or applicable product page.

Once a product has been successfully delivered or collected, Indya Chocolatier is not responsible for deterioration, melting, blooming, spoilage, contamination, loss of quality, texture changes, flavor changes, or other damage caused by improper storage, handling, transportation, delayed retrieval, or exposure to unsuitable environmental conditions, except where otherwise required by law.

10. Pricing and Taxes

All prices displayed on our website are in U.S. dollars unless otherwise stated.

Prices and product availability are subject to change without notice.

The price charged for an order will generally be the price displayed when the order is successfully submitted, except in the event of an obvious pricing, typographical, or technical error.

Applicable taxes, shipping charges, delivery charges, and other disclosed fees may be added at checkout.

We reserve the right to correct pricing errors. If a material pricing error affects an order already submitted, we may contact you with the option to proceed at the correct price or cancel the affected item or order and issue the applicable refund.

11. Orders and Acceptance

Your submission of an order constitutes an offer to purchase the products identified in the order.

Receipt of an automated order confirmation does not necessarily constitute final acceptance of the order.

We reserve the right to accept, reject, limit, or cancel an order for legitimate business reasons, including:

  • Product unavailability

  • Inventory errors

  • Incorrect pricing

  • Suspected fraud

  • Unauthorized payment activity

  • Payment authorization problems

  • Shipping restrictions

  • Suspected unauthorized resale

  • Technical errors

  • Inability to fulfill the order safely or reasonably

If we cancel an order after collecting payment, we will refund the amount paid for the cancelled portion.

12. Customer Information

You agree to provide current, complete, and accurate information in connection with your purchase.

You are responsible for reviewing your order, including product selections, quantities, delivery method, shipping address, recipient information, gift message, and contact information, before submitting it.

We are not responsible for fulfillment problems resulting from inaccurate information supplied by the customer except to the extent required by law.

13. Order Changes and Cancellations

Because our products may be handmade, made in limited quantities, prepared for particular fulfillment dates, or produced specifically for customer orders, changes and cancellations are not guaranteed after an order has been placed.

If you need to request a change or cancellation, please contact us as soon as possible.

Once an order has entered production, preparation, packing, fulfillment, or shipping, we may be unable to modify or cancel it.

Custom, personalized, corporate, wholesale, event, collaboration, large-volume, and made-to-order purchases may be subject to separate cancellation terms.

14. Payment

Payment must be successfully authorized before an order is processed.

By providing payment information, you represent that you are authorized to use the payment method provided and authorize us and our payment processors to charge the applicable purchase price, taxes, shipping charges, and other disclosed fees.

Payments may be processed by third-party payment providers and may also be subject to their applicable terms and privacy practices.

15. Gift Orders

When purchasing products as gifts, you are responsible for providing accurate recipient and delivery information.

The recipient may receive communications reasonably necessary to facilitate delivery.

The purchaser is responsible for considering whether the recipient has known food allergies or dietary restrictions and for communicating relevant product information where appropriate.

Gift packaging, ribbons, cards, inserts, or other presentation materials may be reasonably substituted due to availability as described in these Terms.

16. Custom, Corporate, Event and Wholesale Orders

Custom orders, corporate gifting, event orders, collaborations, wholesale purchases, large-volume purchases, bespoke products, and similar transactions may be subject to separate quotations, invoices, minimum quantities, deposits, production schedules, approval requirements, cancellation policies, shipping terms, and agreements.

Where separate written terms are provided for a particular transaction, those terms will control to the extent they conflict with these Terms.

17. Promotions and Discount Codes

Promotional offers and discount codes may be subject to expiration dates, minimum purchase requirements, product exclusions, geographic restrictions, usage limits, or additional terms.

Unless expressly stated otherwise:

  • Promotions cannot be combined

  • Discount codes have no cash value

  • Promotions cannot be applied retroactively

  • Promotions may exclude taxes, shipping, gift cards, custom orders, or specified products

  • Promotions may be limited to one use per customer or household

We reserve the right to reject or cancel use of promotional offers where reasonably necessary to address fraud, abuse, technical errors, unauthorized distribution, or violations of the applicable promotional terms.

18. Gift Cards

If gift cards are offered, their use may be subject to additional terms provided at purchase.

Gift cards are not redeemable for cash except where required by applicable law.

Expiration dates, fees, and redemption restrictions, if any, will comply with applicable law.

Lost, stolen, or unauthorized gift-card use may not be replaceable except where required by law.

19. Resale

Products purchased through our consumer website are intended for personal consumption or gifting unless otherwise authorized by us.

You may not purchase products for commercial resale, redistribution, repackaging, relabeling, or incorporation into another commercial product without our prior written authorization.

We reserve the right to limit or cancel orders that we reasonably believe are intended for unauthorized resale.

20. Intellectual Property and Trademarks

All content included in or made available through the Services, including without limitation the INDYA™ and INDYA CHOCOLATIER™ names and marks, the Indya Chocolatier logo and brand identity, product and collection names, chocolate designs, packaging designs, trade dress, photographs, graphics, illustrations, artwork, written copy, website design, videos, recipes, formulations, product concepts, and other original materials, is owned by or licensed to Indya Chocolatier LLC and may be protected by applicable trademark, copyright, trade dress, unfair competition, trade secret, and other intellectual-property laws.

INDYA™ and INDYA CHOCOLATIER™ are trademarks of Indya Chocolatier LLC.

Nothing contained on the website or in these Terms grants, expressly or by implication, any license or right to use any trademark, trade name, logo, brand identity, product name, collection name, trade dress, or other proprietary identifier belonging to Indya Chocolatier LLC without our prior written permission.

You may not use, reproduce, imitate, modify, display, distribute, publish, sell, commercially exploit, or create derivative works from our intellectual property without our prior written authorization except where permitted by applicable law.

You may not use our trademarks, branding, product imagery, packaging, or other intellectual property in a manner that falsely suggests sponsorship, affiliation, endorsement, or association with Indya Chocolatier LLC.

You may not use an Indya Chocolatier trademark, trade name, logo, product name, or confusingly similar variation as part of a business name, domain name, social-media account, product listing, marketplace listing, or other commercial identifier in a manner that infringes our rights or falsely suggests affiliation, sponsorship, or endorsement.

All rights not expressly granted are reserved by Indya Chocolatier LLC.

21. User-Submitted Marketing Content

If you voluntarily submit photographs, videos, testimonials, stories, or other content to Indya Chocolatier specifically for potential publication, reposting, promotional use, or marketing, you represent that you have the right to provide that content.

For content intentionally submitted for those purposes, you grant Indya Chocolatier a non-exclusive, worldwide, royalty-free license to reproduce, display, publish, repost, adapt as reasonably necessary for formatting, and use that content in connection with our business and marketing.

You retain ownership of your content.

This section does not transfer ownership of consumer reviews, prohibit honest reviews, or restrict rights protected by applicable consumer-review laws.

22. Reviews and Feedback

We welcome honest customer reviews, including critical or negative reviews.

Nothing in these Terms prohibits or penalizes a customer for providing an honest assessment of their experience with our products or Services.

Reviews and other customer-submitted content may not contain unlawful material, knowingly false statements of fact, impersonation, threats, harassment, confidential information belonging to others, malicious code, or content unrelated to the product or service being reviewed.

We may moderate or remove content where permitted by law and consistent with applicable consumer-protection requirements.

23. Prohibited Uses

You may not use the website or Services:

  • For an unlawful purpose

  • To violate another person's intellectual-property rights

  • To transmit malware or malicious code

  • To unlawfully collect or track personal information

  • To spam, phish, scrape, crawl, or otherwise misuse the website in violation of applicable law or technical restrictions

  • To impersonate another person

  • To submit fraudulent orders or payment information

  • To interfere with website security

  • To attempt unauthorized access to our systems

  • To engage in conduct that materially interferes with another person's use of the Services

We may restrict or terminate access for violations of these Terms where permitted by law.

24. Third-Party Links and Services

Our website may contain links to or integrations with third-party websites, applications, social-media platforms, payment providers, shipping carriers, or other resources.

Third-party services are independently operated and are not controlled by Indya Chocolatier.

To the maximum extent permitted by law, we are not responsible for the independent content, availability, security, privacy practices, products, services, representations, acts, or omissions of third parties.

Your use of third-party services may be governed by their own terms and policies.

25. Privacy

Our collection, use, disclosure, retention, and other processing of personal information is governed by our Privacy Policy.

The Privacy Policy describes our privacy practices and any rights that may be available under applicable law.

26. Electronic Communications

When you place an order or otherwise transact with us, you agree that we may send communications reasonably necessary to fulfill or administer your transaction, including order confirmations, payment communications, shipping updates, pickup instructions, service messages, and customer-support communications.

Marketing emails and text messages, where offered, are subject to applicable consent, disclosure, and opt-out requirements.

Unsubscribing from marketing communications does not prevent us from sending transactional or service-related communications concerning an existing order or customer-service matter.

27. Website Availability and Errors

We do not guarantee that our website or Services will always be uninterrupted, secure, complete, or error-free.

We may modify, maintain, suspend, discontinue, update, or restrict portions of the Services from time to time.

We are not liable for temporary unavailability resulting from maintenance, technical problems, third-party providers, internet failures, events beyond our reasonable control, or other circumstances except to the extent required by law.

We reserve the right to correct typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, transit times, or other information.

28. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

EXCEPT FOR WARRANTIES THAT CANNOT LEGALLY BE DISCLAIMED, INDYA CHOCOLATIER LLC DISCLAIMS EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE AND SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in these Terms excludes or limits any warranty, statutory protection, or consumer right that cannot lawfully be excluded or limited.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDYA CHOCOLATIER LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING FROM A PARTICULAR PURCHASE WILL NOT EXCEED THE AMOUNT PAID TO INDYA CHOCOLATIER FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Some jurisdictions do not permit certain limitations of liability. Where such limitations are prohibited, they will apply only to the maximum extent permitted by applicable law.

30. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Indya Chocolatier LLC and its members, managers, employees, agents, contractors, affiliates, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Services, material violation of these Terms, or infringement of another person's rights.

This provision does not require a consumer to indemnify us for our own unlawful conduct, negligence, or other liability that cannot legally be shifted to the consumer.

31. Force Majeure

Indya Chocolatier will not be responsible for delays or failures in performance caused by circumstances beyond our reasonable control, including severe weather, natural disasters, fires, floods, earthquakes, public-health emergencies, governmental actions, transportation disruptions, carrier delays, supply-chain interruptions, power outages, labor disruptions, civil disturbances, or failures of telecommunications or technology providers.

Where such circumstances affect an order, we may reasonably delay, modify, substitute, or cancel fulfillment and will provide any remedy required by applicable law.

32. Payment Disputes, Fraud and Chargebacks

We reserve the right to investigate transactions that reasonably appear fraudulent, unauthorized, abusive, or inconsistent with these Terms.

If you believe a charge is incorrect or there is a problem with an order, we encourage you to contact us promptly so that we have an opportunity to investigate and attempt to resolve the matter.

We may provide order records, tracking information, delivery confirmation, customer communications, photographs, transaction records, and other relevant information to payment processors, financial institutions, carriers, insurers, or other parties involved in investigating a payment dispute or suspected fraudulent transaction, subject to applicable privacy laws and our Privacy Policy.

Nothing in these Terms restricts your lawful right to dispute a charge with your card issuer or payment provider or to exercise rights available under applicable law.

33. Governing Law

These Terms and your use of the Services are governed by the laws of the State of California, without regard to conflict-of-law principles, except where another jurisdiction's laws must apply as a matter of law.

Nothing in these Terms deprives a consumer of protections that cannot legally be waived.

34. Dispute Resolution

If a dispute arises relating to an order, product, or the Services, we encourage you to contact us first so that we have an opportunity to understand and attempt to resolve the matter.

Nothing in this provision requires a consumer to waive any legal remedy or mandatory consumer-protection right.

Subject to applicable law, legal proceedings arising from these Terms or the Services may be brought in a court of competent jurisdiction in California.

Nothing in these Terms prevents either party from pursuing a claim in small claims court where eligible or exercising another right that cannot legally be waived.

35. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed to the minimum extent necessary.

The remaining provisions will remain in full force and effect.

36. No Waiver

Our failure or delay in exercising or enforcing a right or provision under these Terms does not constitute a waiver of that right or provision.

A waiver on one occasion does not constitute a waiver on any other occasion.

37. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any additional terms expressly applicable to a particular purchase or Service, constitute the agreement between you and Indya Chocolatier regarding your use of the Services and applicable purchases.

Where separate written terms expressly apply to a custom, wholesale, corporate, event, collaboration, or other special order, those terms will control to the extent of a direct conflict with these Terms.

38. Changes to These Terms

We may update these Terms periodically to reflect changes to our Services, business practices, policies, or applicable law.

The current version will be posted on this page with an updated "Last Updated" date.

Unless otherwise required by law, revisions will apply prospectively from their effective date.

Changes will not retroactively alter material rights or obligations relating to an order already completed except where required by law or agreed by the parties.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

39. Contact Information

Questions regarding these Terms, an order, or our Services may be directed to:

Indya Chocolatier LLC
California, United States
Email: hello@indyachocolates.com
Website: https://www.indyachocolates.com/