Terms of service

Terms of Service

Last Updated: 9/15/2025

These Terms of Service (“Terms”) govern your use of the website xocolatlchocolate.com, operated by Xocolatl, LLC (“Xocolatl Chocolate,” “we,” “us,” or “our”). By accessing or using our website, purchasing our products, or otherwise engaging with our services, you agree to be bound by these Terms. Please read them carefully.

1. Company Information

Xocolatl, LLC
 448 Ralph David Abernathy Blvd, #5
 Atlanta, Georgia 30312
 United States

2. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose.

3. Subscriptions

We offer subscription programs for recurring shipments of our products (“Subscriptions”). By purchasing a Subscription, you agree to the following terms in addition to our general Terms of Service:

3.1 Automatic Renewals

  • Subscriptions automatically renew on the schedule you select (e.g., monthly, every two months, quarterly) until you cancel.

  • You authorize Xocolatl, LLC to charge your designated payment method for each renewal order at the then-current price, plus applicable taxes and shipping.

3.2 Cancellation & Changes

  • You may cancel your Subscription at any time through your account portal or by contacting us at info@xocolatlchocolate.com.

  • To avoid being charged for your next shipment, you must cancel at least one business day before your next subscription shipping date.

3.3 Skipped Shipments & Pauses

  • Customers may choose to skip a shipment or temporarily pause their Subscription. Any skipped or paused shipment will not be billed, but future shipments will continue unless canceled.

3.4 Refunds & Returns

  • Because our products are perishable, Subscription orders are subject to our Refund Policy. Refunds are generally not provided for Subscription shipments once they have been processed.

  • If your order arrives damaged or unusable, please contact us promptly with photos so we can make it right.

3.5 Price & Product Changes

  • We may change the price of Subscriptions or substitute products included in your Subscription. We will notify you in advance of any price increase, and continued participation in the Subscription after notice constitutes your agreement to the new price.

3.6 Termination by Us

  • We reserve the right to suspend or cancel any Subscription at our discretion, including for non-payment, suspected fraud, or abuse of the program.

4. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. Prices are subject to change without notice. We reserve the right to discontinue any product at any time.

5. Shipping and Delivery

Please review our Shipping FAQ for details.

  • Risk of Loss: All products purchased from us are made pursuant to a shipment contract. Risk of loss and title for such items pass to you upon our delivery to the carrier.

  • Melt/Damage Disclaimer: Because our products are perishable, we are not responsible for damage caused by shipping delays, weather, or improper handling after delivery. Customers must follow instructions for melt-safe shipping options during warm weather.

6. Refunds

Refunds and returns are governed by our Refund Policy. Because our products are food items, refunds may be limited. Please review that policy carefully.

7. Intellectual Property

All content on this site, including logos, product images, text, graphics, packaging designs, recipes, and trade dress, are the property of Xocolatl, LLC and protected by applicable intellectual property laws. You may not use, reproduce, or distribute our content without express written permission.

If you submit user-generated content (e.g., reviews, photos, social media tags), you grant us a non-exclusive, royalty-free, worldwide right to use, reproduce, and publish that content in connection with our business.

8. Food Safety & Allergen Disclaimer

Our products are manufactured in a facility that handles nuts, dairy, gluten, and other common allergens. While we take precautions to avoid cross-contamination, we cannot guarantee that products are free from trace amounts of allergens. Customers are responsible for reviewing ingredient lists before purchase and consumption.

9. Privacy

Your submission of personal information through the store is governed by our Privacy Policy.

10. Prohibited Uses

You may not use our products or services for any unlawful purpose, to violate intellectual property rights, to harass others, or to upload malicious code. We reserve the right to terminate your access if you violate these Terms.

11. Limitation of Liability

To the maximum extent permitted by law, Xocolatl Chocolate shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of our products or website. Our liability for any direct damages shall not exceed the amount paid by you for the product at issue.

12. Force Majeure

We are not liable or responsible for any delay or failure in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor strikes, supply chain disruptions, or government actions.

13. Governing Law & Dispute Resolution

These Terms and any disputes shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules.

Any dispute arising under these Terms will be resolved by binding arbitration under the rules of the American Arbitration Association, on an individual basis and not as part of any class or representative action. Arbitration shall take place in Fulton County, Georgia. Notwithstanding the foregoing, you may bring qualifying claims in small claims court.

14. Changes to Terms

We reserve the right to update, change, or replace any part of these Terms at any time. Material changes will be communicated via email (if you have an account with us) or by a prominent notice on our website. Your continued use of our website or purchase of our products following such changes constitutes acceptance of the revised Terms.

15. Contact

Questions about the Terms of Service should be sent to:
 info@xocolatlchocolate.com
 Xocolatl, LLC
 448 Ralph David Abernathy Blvd, #5
 Atlanta, GA 30312