Terms & Conditions
Effective Date: October 18, 2025
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the thetemperedrose.com website (the "Service") operated by The Tempered Rose ("us," "we," or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Purchases and Payments
A. Ordering and Acceptance
All orders placed through the Service are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or no reason, and without liability to you or anyone else. If your credit card or payment method has already been charged for an order that is later canceled, we will issue a refund.
B. Payment
We accept various forms of payment, which are processed through third-party payment processors (e.g., Stripe, PayPal). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
C. Pricing and Availability
All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. We reserve the right to discontinue any product at any time.
2. Shipping, Delivery, and Risk (Crucial for Chocolate)
A. Geographic Limits
We ship products only within the United States.
B. Shipping Limitations and Risk of Loss
All purchases of chocolate products are made pursuant to a shipment contract. This means that the risk of loss and title for products pass to you upon our delivery to the carrier (e.g., USPS, FedEx).
C. Heat Damage Warning
Due to the perishable nature of chocolate, we cannot guarantee products against melting or other heat damage that occurs during shipping, especially during warmer months or to warmer climates.
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We will provide recommended shipping methods (e.g., expedited shipping, insulated packaging) for perishable items. If you choose a standard or non-recommended shipping method, you assume all risk for heat damage.
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We are not responsible for packages left outside in direct sunlight or heat after delivery.
D. Shipping Delays
We are not liable for any shipping delays or delivery errors caused by the carrier, inaccurate shipping information provided by you, or unforeseen circumstances outside of our control (e.g., weather).
3. Returns, Refunds, and Exchanges
A. Perishable Goods Policy
Due to the food-grade and perishable nature of our chocolate products, all sales are generally considered final. We do not accept returns or offer refunds or exchanges based on taste preference, melting (unless damage occurred prior to shipping), or if the customer provided an incorrect shipping address.
B. Damaged or Incorrect Goods
If you receive a product that is demonstrably damaged (e.g., broken packaging rendering it unsafe to eat) or incorrect due to an error on our part, you must contact us at info@thetemperedrose.com within 48 hours of delivery. We will review the claim and, at our discretion, may offer a replacement, store credit, or refund.
4. Accounts and User Conduct
A. Account Security
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
B. Prohibited Uses
You agree not to use the Service:
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In any way that violates any applicable local, state, federal, or international law.
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To transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
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To impersonate or attempt to impersonate The Tempered Rose, a company employee, another user, or any other person or entity.
5. Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of The Tempered Rose and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Tempered Rose.
6. Governing Law and Dispute Resolution
A. Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, specifically within Ramsey County (Maplewood’s location), without regard to its conflict of law provisions.
B. Dispute Resolution
Any dispute or claim relating in any way to your use of the Service or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted in Ramsey County, Minnesota.
7. Limitation of Liability
In no event shall The Tempered Rose, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
8. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
9. Contact Information
Questions about the Terms and Conditions should be sent to us at: The Tempered Rose; Email: info@thetemperedrose.com