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Terms of service

Last Updated: March 10, 2026

Please read these Terms of Service carefully before using our website. By accessing or using www.hotchocolatedesign.com, you agree to be bound by these terms.

1. Overview and Acceptance

This website, www.hotchocolatedesign.com (the "Site"), is operated by Hot Chocolate Design, LLC ("Hot Chocolate Design," "HCD," "we," "us," or "our"), a limited liability company organized under the laws of the State of Florida, United States.

By visiting our Site, creating an account, or purchasing any product, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies referenced herein. If you do not agree to all of these Terms, you must not access or use this Site.

We reserve the right to update or replace these Terms at any time. Changes take effect immediately upon posting. Your continued use of the Site after any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Eligibility and Age Requirements

By using this Site, you represent and warrant that:

  • You are at least 18 years of age, or at least 13 years of age and using the Site with the supervision and consent of a parent or legal guardian.
  • You are not prohibited from using the Site under the laws of your jurisdiction.
  • You are using the Site for lawful purposes only.

We do not knowingly collect personal information from children under 13. If we discover that a user under 13 has provided us with personal information without parental consent, we will delete it promptly. For more information, see our Privacy Policy — Section 7 (COPPA).

3. Your Account

You may browse our Site without creating an account. To make a purchase or access certain features, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration and keep it updated.
  • Maintain the confidentiality of your password and restrict access to your account.
  • Accept full responsibility for all activities that occur under your account.
  • Notify us immediately at international@hotchocolatedesign.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate any account at our discretion, including for violation of these Terms or fraudulent activity.

4. Products, Pricing, and Availability

We have made every effort to display our products as accurately as possible, including colors, sizes, and descriptions. However:

  • Product colors may vary slightly depending on your monitor or device display settings. We cannot guarantee color accuracy.
  • All products are subject to availability. We reserve the right to limit quantities or discontinue any product at any time without notice.
  • Prices are displayed in the currency selected and are subject to change without prior notice. The price charged will be the price displayed at the time you complete your purchase.
  • We reserve the right to correct pricing errors. If an item is listed at an incorrect price, we reserve the right to cancel or refuse orders placed at the incorrect price.
  • Promotional pricing and discounts are subject to their individual terms and cannot be combined unless expressly stated.

Our products are intended for personal, non-commercial use. We reserve the right to limit or refuse orders that we determine, in our sole judgment, appear to be placed by resellers or distributors.

5. Orders and Payment

5.1 Order Acceptance

Placing an order on our Site constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion. An order is accepted when we send you an order confirmation email. We are not liable for any losses arising from our refusal to process an order.

5.2 Payment

We accept major credit and debit cards and other payment methods displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method. All transactions are processed by PCI-DSS compliant payment processors. We do not store your full payment card details.

5.3 Order Cancellation

To cancel an order, contact us immediately at international@hotchocolatedesign.com:

  • If your order has not yet been processed, we can cancel it and issue a full refund.
  • If your order has already been processed or shipped, you will need to follow our return process once you receive the item.

5.4 Fraud Prevention

We reserve the right to cancel orders that we suspect are fraudulent. In such cases, we will notify you and issue a full refund if payment was collected. We may also restrict or ban accounts associated with fraudulent activity.

6. Shipping

Shipping terms, estimated delivery times, and costs are described in detail in our Shipping Policy, which is incorporated into these Terms by reference.

For international orders, please be aware that:

  • Customs duties, import taxes, and other charges imposed by the destination country are the sole responsibility of the recipient.
  • We have no control over customs processing times, which may delay delivery.
  • We are not responsible for orders delayed, held, or returned by customs authorities.

7. Returns and Refunds

Our return and refund terms are described in detail in our Return Policy, which is incorporated into these Terms by reference. EU and UK consumers have additional statutory rights as described in Section 18 of these Terms.

8. Gift Cards

Hot Chocolate Design gift cards ("Gift Cards") are subject to the following terms:

  • Gift Cards can be redeemed for purchases on www.hotchocolatedesign.com only.
  • Gift Cards have no expiration date and are not redeemable for cash, except where required by law.
  • Gift Cards cannot be returned, exchanged for cash, or replaced if lost or stolen.
  • We are not responsible for unauthorized use of Gift Cards. Treat your Gift Card like cash.
  • Gift Cards cannot be used to purchase other Gift Cards.
  • If your order total exceeds the Gift Card balance, you must pay the difference with another accepted payment method.
  • Gift Cards are issued in USD. Currency conversion losses, if applicable, are the responsibility of the purchaser.

9. Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, images, product designs, photographs, illustrations, icons, software, and the overall "look and feel" — is the exclusive property of Hot Chocolate Design, LLC or its content suppliers and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

The Hot Chocolate Design name, logo, and all product names and designs are trademarks of Hot Chocolate Design, LLC. You may not use our trademarks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. You may not:

  • Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from this Site without our prior written consent.
  • Use any data mining, robots, scraping, or similar data-gathering tools on the Site.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices.
  • Use our content or brand assets for any commercial purpose, including resale or advertising, without our written permission.

10. User Reviews and Comments

Our Site allows customers to submit product reviews and ratings ("User Content"). By submitting User Content, you agree to the following:

10.1 Your Responsibilities

  • You confirm that your review reflects your honest, firsthand experience with the product.
  • You will not submit reviews that are false, misleading, defamatory, obscene, harassing, or that violate any third party's rights.
  • You will not impersonate any person, claim to be someone you are not, or submit reviews on behalf of a competitor.
  • You will not include personal information (yours or others') such as email addresses, phone numbers, or URLs in your review.
  • You are solely responsible for the content of your review and any consequences of posting it.

10.2 License to Use Your Content

By submitting a review, you grant Hot Chocolate Design, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and display that content worldwide in any media, including for marketing and promotional purposes, without compensation to you.

10.3 Our Right to Moderate

We reserve the right — but are not obligated — to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms, is unlawful, offensive, defamatory, or otherwise objectionable. We do not endorse or take responsibility for any User Content posted by customers.

10.4 FTC Disclosure

In accordance with FTC guidelines, we do not compensate reviewers for positive reviews. If we ever provide a free product in exchange for a review, we will clearly disclose that relationship. We do not suppress negative reviews.

11. Prohibited Uses

You agree not to use this Site:

  • For any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
  • To transmit any unsolicited commercial communications, spam, or harmful code.
  • To impersonate any person or entity or falsely represent your affiliation with any person or entity.
  • To interfere with or disrupt the integrity, security, or performance of the Site or its infrastructure.
  • To attempt to gain unauthorized access to any part of the Site, its servers, or any related systems.
  • To collect or harvest personal information of other users without their consent.
  • To engage in any activity that could damage, disable, overburden, or impair the Site.

We reserve the right to terminate your access to the Site immediately, without notice, for any violation of these prohibited uses.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site.

Note for EU and UK consumers: Nothing in this section limits or excludes any statutory warranties or guarantees that cannot be waived under applicable consumer protection law in your jurisdiction. See Section 18 for your statutory rights.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOT CHOCOLATE DESIGN, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Note for EU and UK consumers: The limitations above do not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law in your jurisdiction.

14. Indemnification

You agree to indemnify, defend, and hold harmless Hot Chocolate Design, LLC and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Site in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party rights.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution First

Before initiating any formal dispute process, you agree to contact us at international@hotchocolatedesign.com and give us 30 days to resolve your concern informally. Most concerns can be resolved this way quickly.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site — except as provided in Section 15.4 below — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Miami, Florida, or remotely if both parties agree.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

15.3 Class Action Waiver

YOU AND HOT CHOCOLATE DESIGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

15.4 Exceptions to Arbitration

Either party may bring an individual claim in small claims court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent harm, infringement of intellectual property rights, or other irreparable injury, without waiving the right to arbitration for other claims.

15.5 EU and UK Consumers

If you are a consumer located in the EU or UK, the arbitration and class action waiver provisions in Sections 15.2 and 15.3 do not apply to you. You retain the right to bring claims before the courts of your country of residence and to access alternative dispute resolution mechanisms available under EU or UK law. See also Section 18.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration under Section 15, you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

Exception for EU and UK consumers: If you are a consumer resident in the EU or UK, you may also bring proceedings in the courts of your country of residence, and the mandatory consumer protection laws of your country of residence will apply to the extent they provide greater protection than Florida law.

17. DMCA and Copyright Policy

Hot Chocolate Design respects the intellectual property rights of others. If you believe that content on our Site infringes your copyright, please send a written notice containing the following information to our designated DMCA agent:

  • A physical or electronic signature of the copyright owner or authorized agent.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on our Site that is claimed to be infringing, with sufficient detail to locate it.
  • Your contact information (name, address, telephone number, and email address).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA Agent Contact:
Email: international@hotchocolatedesign.com
Subject line: "DMCA Takedown Notice"

We will respond to valid DMCA notices promptly. Repeat infringers may have their access to the Site terminated.

18. EU and UK Consumer Rights

If you are a consumer located in the European Union or the United Kingdom, the following additional terms apply. In the event of any conflict between this section and other sections of these Terms, this section prevails for EU and UK consumers.

18.1 Statutory Right of Withdrawal (Cooling-Off Period)

Under EU Directive 2011/83/EU and the UK Consumer Contracts Regulations 2013, you have the right to withdraw from your purchase contract within 14 days of receiving your order, without giving any reason.

To exercise this right, you must inform us of your decision to withdraw before the 14-day period expires by contacting us at international@hotchocolatedesign.com with the subject line "Right of Withdrawal — Order #[your order number]."

Upon withdrawal:

  • You must return the goods within 14 days of notifying us of your withdrawal decision.
  • We will refund all payments received from you, including the original outbound delivery cost (up to the cost of our standard delivery option), within 14 days of receiving the returned goods or proof of return shipment, whichever is earlier.
  • Refunds will be issued using the same payment method you used for the original transaction.
  • You are responsible for the direct cost of returning goods unless we agree otherwise.

The right of withdrawal does not apply to: goods made to your specifications or clearly personalized; goods that have been unsealed after delivery and cannot be returned for hygiene reasons (e.g., swimwear with the protective liner removed).

A model withdrawal form is available upon request by emailing international@hotchocolatedesign.com.

18.2 Legal Guarantee of Conformity

Under EU and UK consumer law, goods must conform to the contract of sale. If goods are defective or do not conform, you are entitled to repair, replacement, or a price reduction or full refund, in accordance with the applicable law of your country.

18.3 Online Dispute Resolution (EU)

The European Commission provides an Online Dispute Resolution (ODR) platform for EU consumers at ec.europa.eu/consumers/odr. Our contact email for ODR purposes is international@hotchocolatedesign.com.

18.4 Unfair Contract Terms

Nothing in these Terms is intended to limit or exclude any rights you have under mandatory consumer protection laws in your country that cannot be waived by contract. Any provision of these Terms that would be unenforceable under applicable consumer protection law in your jurisdiction shall be severed or modified to the minimum extent necessary to make it enforceable, and the remaining Terms shall continue in full force.

19. Changes to These Terms

We reserve the right to update these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify registered users by email. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

20. Contact Us

If you have any questions about these Terms of Service, please contact us:

Hot Chocolate Design, LLC
Email: international@hotchocolatedesign.com
Website: www.hotchocolatedesign.com

These Terms of Service were last reviewed and updated on March 10, 2026.