Terms of service

Overview

Welcome to Moksha Chocolate. The terms “we,” “us,” and “our” refer to Moksha Chocolate. Moksha Chocolate operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience.

Moksha Chocolate is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use our website, place an order, or interact with our services.

Please read these Terms of Service carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you don’t agree to these Terms of Service or our Privacy Policy, you shouldn’t use or access our website or services.

Section 1 - Access and account

By agreeing to these Terms of Service, you represent that you’re at least the age of majority in your state or province of residence. If you allow any minor dependent to use our website or services on a device you own, purchase, or manage, you’re responsible for that use.

To use certain parts of our website, including browsing our online store or purchasing products, you may be asked to provide information such as your name, email address, billing address, payment information, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete, and that you have the right to provide this information.

You’re responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

Section 2 - Our products

Moksha Chocolate makes and sells small-batch chocolate, cacao, drinking cacao, mushroom chocolate, gift sets, and related products.

We work to represent our products accurately. However, product colors, packaging, size, texture, and appearance may look different on your screen depending on your device, display settings, lighting, and photography.

We don’t warrant that the appearance or quality of any product will match your expectations or look exactly the same as it appears online.

Product descriptions, pricing, ingredients, availability, and packaging may change at any time without notice. We reserve the right to discontinue products, update product information, or limit quantities offered to any person, geographic region, or jurisdiction.

Our food products may contain or be processed in facilities that handle common allergens. Please review ingredient information before purchasing. If you have a food allergy or sensitivity, contact us before placing your order.

Section 3 - Orders

When you place an order, you’re making an offer to purchase. Moksha Chocolate reserves the right to accept, decline, limit, or cancel any order for any reason at our discretion.

Your order isn’t accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting it, because we may not be able to accommodate changes or cancellations after an order has been accepted, packed, shipped, or picked up.

If we don’t accept an order, make a change to an order, or cancel an order, we’ll attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for unauthorized commercial resale or export. If you’re interested in wholesale purchasing, please contact us directly.

Section 4 - Prices and billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and shown in your order confirmation email.

Unless otherwise stated, posted prices don’t include taxes, shipping, handling, customs, import charges, or other fees that may apply.

Prices online may differ from prices offered in our physical shop, events, wholesale channels, or third-party retail locations.

We may offer promotions from time to time. Promotional terms may include separate conditions, limits, exclusions, expiration dates, or eligibility rules. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and payment information so we can complete your transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, complete, and authorized for use by you. You agree to pay all charges incurred by you, including product costs, shipping and handling charges, and applicable taxes.

Section 5 - Shipping and delivery

Shipping options and prices are shown at checkout. Moksha Chocolate ships with FedEx, UPS, or another available carrier.

Chocolate is heat-sensitive. During warm-weather months, summer shipping may be in effect. We may use insulated packaging, ice packs, and faster carrier services when needed to help protect your order in transit. This may make shipping rates higher.

Delivery dates and transit times are estimates only and aren’t guaranteed. We’re not responsible for delays caused by shipping carriers, weather, customs processing, incorrect addresses, missed deliveries, or events outside our control.

Once we transfer products to the carrier, title and risk of loss pass to you to the fullest extent permitted by law.

Please ship to an address where someone can receive the package promptly. We aren’t responsible for melting or damage caused by packages left outside, packages delivered to hot porches, parcel lockers, mailrooms, or delivery locations where the package can’t be received quickly.

We don’t ship to all states. If your shipping address isn’t eligible, checkout may block shipping or prevent order completion.

For more information, please review our Shipping Policy.

Section 6 - Store pickup

Local pickup may be available at our Boulder shop:

Moksha Chocolate
2746 47th St.
Boulder, Colorado 80301
United States

Pickup hours are typically Monday through Friday from 12:00 p.m. to 5:00 p.m. Choose Local Pickup at checkout when available. To arrange pickup, text or call us at 720-648-8893.

Section 7 - Purchase options and subscriptions

Some products may be available as subscriptions through Shopify Subscriptions. When you purchase a subscription, you’ll receive repeat deliveries based on the product, frequency, and duration you select at checkout.

Your payment details are stored securely through Shopify, and you’ll be charged for each subscription order unless a prepaid subscription option is offered and selected.

You can manage, change, pause, or cancel your subscription through the link in your order confirmation email or subscription notification emails. Changes or cancellations must be made before your next subscription order is processed.

Once a subscription order has been processed, packed, shipped, or picked up, we can’t guarantee changes or cancellations for that shipment.

We don’t currently offer try-before-you-buy purchases. We don’t currently offer pre-orders, but we may offer them in the future. If we offer pre-orders, the product page and checkout will explain the payment terms, estimated fulfillment timing, and cancellation limits before you place the order.

Section 8 - Intellectual property

Our website and services, including trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, product names, designs, and the selection and arrangement of those materials, are owned by Moksha Chocolate, its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use our website and services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from our website without our prior written consent.

Nothing in these Terms grants you a license or ownership interest in any patent, trademark, copyright, or other intellectual property owned by Moksha Chocolate, Shopify, or any third party.

Moksha Chocolate names, logos, product names, service names, designs, and slogans are trademarks of Moksha Chocolate or its affiliates or licensors. You may not use them without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on our website are trademarks of their respective owners.

Section 9 - Optional tools

We may provide access to tools offered by third parties as part of our website or services. We don’t monitor or control those tools and may not have input into how they operate.

You acknowledge and agree that access to optional third-party tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsement of any kind.

Your use of optional third-party tools is at your own risk. You should review and understand the terms provided by the relevant third-party provider before using those tools.

We may offer new features, tools, or resources in the future. Those features will also be considered part of our services and subject to these Terms of Service.

Section 10 - Third-party links

Our website and services may contain materials, links, or embedded functionality provided by third parties. We’re not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites or materials.

If you leave our website to access a third-party website or service, you do so at your own risk.

We’re not liable for any harm or damages related to your access or use of third-party websites, products, services, resources, or content. Complaints, claims, concerns, or questions about third-party products or services should be directed to the third party.

Section 11 - Relationship with Shopify

Moksha Chocolate is powered by Shopify, which enables us to provide our online store and related services to you. However, any sales and purchases you make in our store are made directly with Moksha Chocolate.

By using our website or services, you acknowledge and agree that Shopify isn’t responsible for any aspect of sales between you and Moksha Chocolate, including any injury, damage, or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Moksha Chocolate.

Section 12 - Privacy policy

All personal information we collect through our website and services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy policy.

Because our website is hosted by Shopify, Shopify collects and processes personal information about your access to and use of our website in order to provide and improve the services. Information you submit through our website may be transmitted to and shared with Shopify and other service providers, including providers located outside your state, province, or country of residence.

By using our website or services, you acknowledge that you’ve read our Privacy Policy.

Section 13 - Feedback, reviews, and submissions

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, photos, videos, plans, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that content in any medium for any purpose, including commercial use.

We may use this content to operate, provide, evaluate, improve, and promote our products, website, and services.

You represent and warrant that you own or have all necessary rights to submit the content, that you’ve disclosed any compensation or incentive received in connection with the submission, and that your content complies with these Terms.

We’re under no obligation to maintain your content in confidence, pay compensation for your content, or respond to your content.

We may, but don’t have to, monitor, edit, or remove content that we determine is unlawful, offensive, threatening, libelous, defamatory, obscene, misleading, violates intellectual property rights, or otherwise violates these Terms.

You agree that your content won’t violate any third-party right, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of your content.

Section 14 - Errors, inaccuracies, and omissions

Occasionally, information on our website or services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, ingredients, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you’ve submitted your order.

Section 15 - Prohibited uses

You may access and use our website and services for lawful purposes only.

You may not access or use our website or services, directly or indirectly:

• For any unlawful, fraudulent, harmful, or malicious purpose
• To violate any international, federal, state, provincial, or local law, rule, regulation, or ordinance
• To infringe upon or violate our intellectual property rights or the rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person
• To transmit false or misleading information
• To upload, download, transmit, or use material that violates these Terms
• To send spam, junk mail, chain letters, or similar solicitations
• To impersonate or attempt to impersonate another person or entity
• To interfere with anyone’s use or enjoyment of our website or services
• To harm Moksha Chocolate, Shopify, our service providers, or users of our website or services

You also agree not to:

• Upload or transmit viruses, malware, or malicious code
• Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of our website or services
• Collect or track the personal information of others
• Spam, phish, pharm, pretext, scrape, crawl, or use unauthorized data extraction tools
• Use bots, spiders, automated tools, AI agents, or similar technologies to access our website in a way that violates these Terms
• Bypass security features, authorization systems, robot exclusion headers, or other access controls

We reserve the right to suspend, disable, or terminate your account or access to our website at any time, without notice, if we determine that you’ve violated these Terms.

Section 16 - Agents and automated access

This section applies if you use, allow, enable, or cause the deployment of any automated or semi-automated software, service, bot, crawler, scraper, or AI agent to access, use, or interact with our website or services.

No automated tool or agent may access, use, or interact with our website or services unless it identifies itself and operates in accordance with these Terms and any technical requirements we provide.

We may limit, block, or restrict automated access to our website or services using technical or legal measures.

Automated tools and agents must not conceal or misrepresent their identity, mimic human behavior to avoid detection, complete or bypass CAPTCHAs, or circumvent any measure intended to block, limit, modify, or control automated access.

Section 17 - Termination

We may terminate these Terms or your access to our website or services, in whole or in part, at our discretion and without notice. You’ll remain liable for all amounts due up to and including the date of termination.

The sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and related provisions.

Section 18 - Disclaimer of warranties

The information presented on or through our website and services is made available for general information purposes. We don’t warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk.

Except as expressly stated by Moksha Chocolate, our website, services, and all products offered through them are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all implied warranties or conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We don’t guarantee, represent, or warrant that your use of our website or services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or don’t allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

Section 19 - Limitation of liability

To the fullest extent permitted by law, Moksha Chocolate, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates won’t be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of our website, services, or products purchased through our website.

This limitation applies even if we’ve been advised of the possibility of such damages.

Section 20 - Indemnification

You agree to indemnify, defend, and hold harmless Moksha Chocolate, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of:

• Your breach of these Terms of Service or any policies incorporated by reference
• Your violation of any law or third-party right
• Your access to or use of our website, services, or products

We’ll notify you of any indemnifiable claim when required. A failure to promptly notify you won’t relieve you of your obligations unless you’re materially prejudiced. We may control the defense and settlement of the claim at your expense, including choice of counsel, but won’t settle any claim requiring non-monetary obligations from you without your consent, which won’t be unreasonably withheld.

Section 21 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will remain valid and enforceable.

Section 22 - Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service doesn’t constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on our website constitute the entire agreement between you and Moksha Chocolate and govern your use of our website and services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms won’t be construed against the drafting party.

Section 23 - Assignment

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent. Any attempted transfer or assignment without consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 24 - Governing law

These Terms of Service and any separate agreements through which we provide services to you are governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

You and Moksha Chocolate consent to venue and personal jurisdiction in the state and federal courts located in Colorado for disputes arising from or related to these Terms, our website, or our services.

Section 25 - Headings

The headings used in these Terms are included for convenience only and won’t limit or otherwise affect these Terms.

Section 26 - Changes to these Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

It’s your responsibility to check our website periodically for changes. We’ll notify you of material changes when required by applicable law. Your continued use of or access to our website or services after changes are posted constitutes acceptance of those changes.

Section 27 - Contact information

Questions about these Terms of Service should be sent to us at jen@mokshachocolate.com.

Moksha Chocolate
2746 47th St.
Boulder, Colorado 80301
United States

Email: jen@mokshachocolate.com
Phone: 720-648-8893