Terms & Conditions

Last Modified: April 14, 2024

Welcome to Chez Sapphire. The website located at www.chezsapphire.com (hereinafter the “Website”) is owned and controlled by Chez Sapphire LLC, formed and operating in accordance with the laws of the District of Columbia and federal laws of the United States

(hereinafter the “Company,” “Chez Sapphire,” “we,” “us” or “our”). All references to “you,” “your,” “user,” or “Customer” herein refer to the individual who accesses the Website and/or places an order.

The Company offers the Website to you subject to your acceptance of these terms and conditions, including our shipping, returns, and refunds policy and privacy policy (collectively referred to as the “Agreement”).

Please read this Agreement before accessing the Website and placing orders. The Agreement governs all product sales.

IF YOU DO NOT WISH TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT ORDER ANY PRODUCT THROUGH OUR WEBSITE.

Table of Contents

Definitions and Interpretation
Eligibility
Account Registration, Privacy, and Safety
The Products
Order Placement and Acceptance
Price Changes and Errors
Payment Policy
Order Cancellations
Refund Policy
User-Generated Content
Intellectual Property
Account Termination
Prohibited Activities
Feedback
Electronic Communication
Disclaimer of Warranties
Limitation of Liability
Indemnity
Governing Law and Jurisdiction
Amendments
Force Majeure

1. Definitions and Interpretation

1.1. The following words beginning with a capital letter, wherever used in these Terms and Conditions, shall have the meaning as defined hereunder:

‘Product’ refers to any item offered for sale through the Website.

‘Service Area’ refers to the legal delivery boundaries of the Commonwealth of Virginia, the State of Maryland, and the Washington D.C. Metropolitan Area.

1.2. Any words or expressions used in these Terms and Conditions not defined above shall have the respective meanings given to them in these Terms and Conditions.

1.3. The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms and Conditions shall refer to the gender and number as the context requires.

1.4. If this Agreement is translated into other languages, the English version shall prevail.

2. Eligibility

To purchase alcohol products from our Website, you must meet and adhere to the following eligibility criteria:

2.1. You must be at least 21 years of age or older and capable of entering into legally binding agreements.

2.2. If your order contains any alcoholic beverages:

2.2.1. You certify that you are legally allowed to purchase, receive, and consume alcoholic beverages by applicable laws and regulations.

2.2.2. You agree to present a valid government-issued photo identification verifying your age when you place your order and when you accept delivery.

2.2.3. You hereby release the Company from all liability arising from your misrepresentations.

3. Account Registration, Privacy, and Safety

3.1. Account Registration

To purchase products from the website, you must sign up for a user account. You can sign up by providing your full name and email address. Please note that when you place an order, you may be required to provide additional personal information, including government-issued photo identification, if your order contains alcoholic beverages.

3.2. Account Approval

We issue all user accounts at our sole discretion. We are not under any legal obligation to provide an account to any user. We reserve the right to decline any account requests without providing reasons for our decision.

3.3. Your Privacy

We only collect personal data necessary to provide our Customers with the Products they purchase in compliance with applicable laws and regulations. We process all personal information we collect in accordance with our Privacy Policy. By providing your personal information through the Website, you represent and warrant that all such information is accurate, complete, and current. In the event of any change in your personal information, you accept full responsibility for updating it by accessing your account. Please carefully review our Privacy Policy before creating your account, and do not submit any personal data if you do not agree with our practices.

3.4. Security

You are responsible for maintaining the confidentiality of your user account login credentials to prevent unauthorized access. You assume full responsibility for all activities that occur under your account regardless of whether you authorized such use or not. You agree to immediately report any unauthorized access to your account or other suspicious activity to team@chezsapphire.com.

You hereby release the Company and its employees from all liability arising out of or associated with the use of your account login credentials. We reserve the right to suspend or terminate your account at any time in accordance with the provisions of this Agreement.

4. The Products

We are an Online Food Market that specializes in bringing a wide range of European delicacies, wine, beer, household products, and much more to your doorstep. We are committed to providing you with the highest quality Products. However, please note the following before ordering any Product from our Website:

4.1 Fresh Food

We endeavor to maintain the highest quality and freshness of all perishable goods sold through our Website. However, you acknowledge that variations in appearance, size, and freshness may occur due to factors beyond our control, including but not limited to seasonal availability, sourcing from various vendors, transportation, and storage conditions. Upon accepting delivery of your order, it is your responsibility to inspect the items and consume them within the suggested timeframe. We do not provide any warranty, express or implied, as to the freshness of the fresh food Products beyond the point of delivery.

4.2. Frozen Food

Our frozen foods are stored and handled in accordance with industry best practices to maintain their quality. We ship frozen foods with dry ice to ensure that your Products remain frozen throughout transit. We recommend promptly transferring frozen items to a freezer upon delivery to maintain their quality.

4.3. Allergens

Some of the Products sold on our Website may contain allergens such as nuts, dairy, or gluten. Although we make every effort to list allergens on our Product descriptions, we cannot offer any assurances that the Products are manufactured in an allergen-free environment. Customers with food allergies or sensitivities are advised to carefully review Product description and Product packaging before using the Product to ensure that they are not allergic to any ingredients.

If you have any questions about a Product, or require more information than available on our Website, please contact us before placing your order. WE DO NOT ACCEPT ANY RETURNS AND REFUND REQUESTS ON THE GROUNDS OF ANY ALLERGIC REACTIONS TO THE PRODUCTS.

In the event that the consumption or use of any Product causes an adverse reaction, and you are concerned about your health, you should immediately contact your healthcare provider. Please do not contact our support team in the event of any medical emergency. We are not the manufacturer of the Products, and we are not able to offer medical advice to our users.

4.4. Product Images

Please be aware that Product images on our Website are for illustrative purposes only and may not always accurately represent the actual Product. Variations in packaging, presentation, and appearance may occur.

4.5. Product Information

We make every effort to provide accurate information about our Products, including descriptions, prices, and availability. However, errors or discrepancies may occasionally occur, and we reserve the right to correct these errors without prior notice.

5. Order Placement and Acceptance

5.1. Submitting Orders

Once you have successfully created your user account on the Website, you can select and add Products you wish to purchase to your shopping cart. All Products listed on the Website, including those in your shopping cart, are subject to availability. Please carefully review your shopping cart, including Product prices, quantities, applicable taxes, and shipping fees, before proceeding to the checkout page and authorizing the payment. You acknowledge and agree that by submitting your order on the Website, you are offering to purchase the ordered Product(s). Once your order is processed, we will send you an order confirmation email.

5.2. Age-restricted Orders

You understand and accept that some Products, such as alcohol, have legal age restrictions for sale and limits on quantities that may be purchased.

You understand and accept that if you order any such age-restricted Products, you may be required to verify your age by presenting a valid government-issued photo identity card when submitting your order on the Website and again at the time of accepting delivery. If you are unable to present such a governmentissued photo identification, we will not be able to accept your order, and if you fail to present a government-issued photo identification at the time of delivery, you will forfeit the full Product price plus applicable shipping fees.

5.3. Order Acceptance

If you order multiple Products as part of the same transaction and some of the ordered Products are unavailable, or you are ineligible to purchase them, we may fulfill your order in part by removing unavailable Products from your order. You will only be billed for the Products specified in our order confirmation email.

5.4. Declined Orders

We may decline your order for any reason at our sole discretion, including but not limited to:

5.4.1. If the ordered Product is unavailable;

5.4.2. Any pricing or Product description errors on our Website at the time you placed your order;

5.4.3. If we are unable to bill your payment method for your order;

5.4.4. If your shipping address is not within our Service Area;

5.4.5. Your non-compliance with any provision of this Agreement.

If we cannot accept your order, we will contact you to inform you of the same.

6. Price Changes and Errors

6.1. All Product prices on our Website are listed in USD. Although we make our best effort to keep all Product prices up to date, you understand and accept that pricing errors are possible on the Website. If there is an error in the price of your ordered Product, we will contact you with the option to either confirm your order at the correct price or cancel your order. Please note that if we do not receive any response from you within 24 hours of our email, we reserve the right to cancel your order. We are not under any legal obligation to accept orders at a lower price due to any errors in pricing on the Website.

6.2. We also reserve the right to change our Product prices or withdraw any promotional offers without prior notice to you. Any changes in prices and promotions will not impact any orders that we have already confirmed.

7. Payment Policy

7.1. You will be required to authorize the full order amount, including applicable taxes and shipping fees, at the time you place your order.

7.2. By submitting your order, you represent and warrant that you have the right to use the provided payment method. If your payment attempt is unsuccessful, we will cancel your order, and you will have the option to place a new order.

7.3. We currently use PayPal to process all order payments securely.

8. Order Cancellations

8.1. Order Confirmation and Cancellation

We strongly advise you to carefully review your order and delivery details before finalizing your purchase. Once an order is confirmed and payment is made, no cancellations or modifications will be accepted, except as specified in Section 8.2.

8.2. Refund and Replacement

If the Product you received is not what you ordered, or if your order is not delivered, you may qualify for a refund or replacement as per our Refund Policy. Notwithstanding the foregoing, we will not be held accountable for nor entertain any requests for refunds or replacements resulting from delivery delays or spoilage of goods during transit due to such delays.

8.3. Reporting Period

Given the perishable nature of certain Products, especially food items, you must report any issues to us within 24 hours of receiving your order. No requests for refunds or replacements will be entertained after this 24-hour reporting period has elapsed.

9. Refund Policy

9.1. In the event of non-delivery or incorrect delivery of Products, you are required to notify our support team at customerservice@chezsapphire.com within twenty-four (24) hours of the delivery time. The notification should include the

order number, a photograph of the incorrectly delivered Product (if applicable), and a comprehensive description of the issue.

9.2. Upon receipt of the notification, we will conduct an internal review to determine the cause of the non-delivery or incorrect delivery. If our review concludes that the error was due to our fault, we will either: (a) refund the full amount paid by you for the non-compliant or undelivered Products; or (b) send a replacement Product to you.

9.3. The refund will be processed within ten (10) business days from the date of receipt of the initial claim. The refund will be issued to the original payment method used for the purchase.

9.4. If our review concludes that the non-delivery or incorrect delivery was due to an error on your part, such as if you provided an incorrect shipping address or ordered the wrong Product, we will not be under any obligation to issue you a refund or provide you a replacement Product.

10. User-Generated Content

The Company may, in its sole discretion, enable users to contribute content on the Website and/or our social media pages on third-party platforms, including but not limited to unboxing orders, Product reviews, and user questions (collectively “usergenerated content”). When you contribute your user-generated content to the Website, you understand that such user-generated content is, by its nature, publicly visible and not considered confidential.

By contributing user-generated content on the Website, you grant the Company and its authorized personnel the right to identify you as the author of such user-generated content where appropriate and/or if required by law.

Furthermore, by contributing user-generated content on our Website or social media pages on third-party platforms, you expressly grant us an irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, distribute, reproduce, modify, adapt, publish, display, sell, create derivative work or share, in print or on any digital media, any of your user-generated content.

Please note that user-generated content is the sole responsibility of the user who originally published the user-generated content, and the Company will not be held liable for the accuracy, legality, or authenticity of any user-generated content.

11. Intellectual Property

The Company and its licensors are the owners of intellectual property rights in all content available on the Website, including any text, graphics, logos, trademarks, audio, video content, interactive features, and the like (“Company Content”). You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the copyright owner's authorization. You are prohibited from removing any copyright, trademarks, and proprietary notices from any Company Content.

The Company only grants you a personal, non-exclusive, non-transferable, nonsublicensable, and revocable limited license to use the Company Content only for your personal and non-commercial use. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.

12. Account Termination

12.1. Termination by the user

You may request the termination of your account on the Website at any time by contacting us at

customerservice@chezsapphire.com with the words ‘account termination’ in the subject line.

12.2. Termination by the Company

We reserve the right to terminate your Website account at any time without giving prior notice to you if we find that:

You have violated any provision of this Agreement;
You have violated any applicable laws; or
Your conduct is harmful to us or our users.

12.3. Consequences of Termination

After your account is terminated, you will not be able to reactivate your account, and you will lose all data associated with your account.

13. Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of the Website:

13.1. Create multiple accounts;

13.2. Use the Website for any illegal or unlawful purposes;

13.3. Post any content on the Website or our social media pages on third-party platforms that may be potentially or actually harmful to the Company or another person;

13.4. Post any defamatory content or content that may be deemed libelous or threatening to the Company, its employees, affiliates, or any user;

13.5. Use any computer programming routines that may damage, modify, delete, or interfere with any system or network connected to the Website;

13.6. Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the Website; 13.7. Reformat or frame any portion of the Website.

14. Feedback

We welcome your feedback and input on our Website and Products and how we can improve them. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or here in after developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as nonconfidential.

15. Electronic Communication

When you sign up for an account on the Website or order any Products from the Website, you enter into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means.

For the purposes of this Agreement, you expressly consent to receive communications from the Company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Company provides you electronically will meet any legal requirement that such communication should be in writing.

16. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS OFFERED THEREIN ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT:

THE WEBSITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS;
THE WEBSITE OR PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
THE WEBSITE WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES AND OTHER HARMFUL CODE.

THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE OR PRODUCTS. YOUR DECISION TO USE THE WEBSITE OR PURCHASE ANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

17. Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND ITS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED FROM THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU TO THE COMPANY FOR THE PRODUCT THAT GAVE RISE TO THE DISPUTE.

18. Indemnity

18.1. You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

18.1.1. Your breach of this Agreement;

18.1.2. Your user-generated content;

18.1.3. Your violation of applicable law;

18.2. The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws principles. The Company and the Customer hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in the District of Columbia in any action to enforce (or otherwise relating to) this Agreement or the transactions contemplated hereby.

20. Amendments

The Company reserves the right to update any part of this Agreement at any time without giving any prior notice. Where we make any changes to these Terms and Conditions, we will update the last modified date on the top of the page where these Terms and Conditions appear. All amendments shall be effective from the date we publish the updated version on the Website. You are advised to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the Website after the effective date of any amendments shall constitute your acceptance of such amendments.

21. Force Majeure

The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.