Privacy/Terms of Use

Terms & Conditions & Privacy Notice

Your privacy is important to Gabriella Chocolates This privacy statement provides information about the personal information that Gabriella Chocolates collects, and the ways in which Gabriella Chocolates uses that personal information.

Our site uses industry standard SSL (Secure Sockets Layer) encryption for state of the art security when you place orders online. Because we greatly value your business, every effort is made to ensure that you are as pleased with your decision to shop with us as we are. We want you to keep coming back.

Personal information collection

Gabriella Chocolates may use your personal information to: administer this website; personalize the website for you; enable your access to and use of the website services; publish information about you on the website; send to you products that you purchase; supply to you services that you purchase; send you statements and invoices; collect payments from you; and send you marketing communications. Where Gabriella Chocolates discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Gabriella Chocolates may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights. Securing your data Gabriella Chocolates will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. Gabriella Chocolates will store all the personal information you provide on its secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Gabriella Chocolates collects may be stored and processed in and transferred between any of the countries in which Gabriella Chocolates operates to enable the use of the information in accordance with this privacy policy. In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world. You agree to such cross-border transfers of personal information.

Terms and Conditions of Web Site Usage

Please Read Carefully By accessing this site (the "Site"), you agree to the following Terms and Conditions. If you do not agree, you should exit the site and not use it further. This Policy was last amended on 7/14/14. We may update this Policy from time to time, so we invite you to review this page periodically. When we make changes, we may send an e-mail to you or notify you the next time you log-in, and we will post the updated Policy on this web page. All changes will go into effect on the date that is listed in our Policy. The new Policy will apply to all past and current users of gabriellachocolates.com and will replace any prior Policies. By using this website, you consent to the terms of this Policy. All products, services, software, applications or features available on or through this Site are subject to these Terms and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and Limitations of Liability below.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Gabriella Chocolates & Confections (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.

Program Description: Without limiting the scope of the program, users that opt in to the program can expect to receive messages from us and others texting on our behalf concerning the marketing and sale of our goods, services, and events. Messages may include checkout reminders.

User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system as defined by the Telephone Consumer Protection Act.

Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at info@gabriellachocolates.com. Please note that requests to this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

PRIVACY POLICY

You agree to be bound by the terms of our privacy policy.

LIMITATIONS ON USE

You must be at least 18 years old to use the Site. You may browse the Site, use its applications and features, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Gabriella Chocolates & Confections and/or its contributors. Unless otherwise noted, all material on the Site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.

ELECTRONIC COMMUCATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MEMBER ACCOUNT

You must be 18 years of age or older to become a Member. When you create an account, you agree you are responsible for maintaining the confidentiality and security of your account. We may disable your account at any time if you violate these Terms. While we work to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.

LIMITATIONS ON LIABILITY

THE SITE AND ALL INFORMATION AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Gabriella Chocolates & confections Inc DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.

Neither Gabriella Chocolates & Confections Inc nor its affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Gabriella Chocolates & Confections Inc maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Gabriella Chocolates & Confections Inc for any products which you purchased and paid for through this Site. By using the Site, you agree to release and hold harmless Gabriella Chocolates & Confections Inc, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.

DISPUTE RESOLUTIONS

If there is any dispute between us, it is agreed that either of us may elect to have it resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than Gabriella Chocolates & Confections Inc. Gabriella Chocolates & Confections Inc may work with certain partners and affiliates whose sites are linked Gabriella Chocolates & Confections Inc. Gabriella Chocolates & Confections Inc is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Gabriella Chocolates & Confections Inc makes no guarantees about the content or quality of the products or services provided by such sites. Gabriella Chocolates & Confections Inc is not responsible for webcasting or any other form of transmission received from any Third Party Site. Gabriella Chocolates & Confections Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gabriella Chocolates & Confections Inc of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Gabriella Chocolates & Confections Inc is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

TRADEMARKS

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of Gabriella Chocolates & Confections Inc, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Gabriella Chocolates & Confections Inc or the third party that may own the relevant material.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

By subscribing to Gabriella Chocolates & Confections text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@gabriellachocolates.com.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

Gabriella Chocolates & Confections Inc will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• A description of the copyrighted work or other intellectual property that you claim has been infringed;

• A description of where the material that you claim is infringing is located ;

• Your address, telephone number, facsimile number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

updating this statement

Gabriella Chocolates may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes. This website contains links to other websites. Gabriella Chocolates & Confections Inc is not responsible for the privacy policies or practices of any third party. If you have any questions about this privacy policy or Gabriella Chocolates & Confections Inc treatment of your personal information, please write to:

by email to:

admin@gabriellachocolates.com

by post to: Gabriella Chocolates & Confections Inc

3449 Technology Dr

North Venice, Fl 34275