TERMS AND CONDITIONS OF SALE
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.milenejardine.com (the "Site"). These Terms are subject to change by Milène Jardine Chocolatier (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion.

1. Order Acceptance and Cancellation

Standard Website Orders. Orders for standard, in-stock products purchased through our website are subject to our standard order acceptance, cancellation, return, and refund policies, as described in these Terms.

Custom Orders. Custom orders are subject to the additional terms set forth below. Custom orders are not eligible for cancellation, returns, or refunds at the customer's request once the required deposit has been paid, except where required by applicable law or expressly agreed to by us in writing.

For custom orders, an order is considered accepted when we confirm the order in writing and receive the required deposit. We may begin sourcing materials, ordering ingredients, procuring custom packaging, preparing artwork, coordinating production, or performing other work necessary to fulfill the order immediately following acceptance.

2. Prices and Payment Terms

(c) Custom Orders and Deposits.

Custom orders require a deposit in the amount specified in the applicable quotation, invoice, or written order confirmation. The remaining balance, including any applicable shipping, handling, taxes, or other agreed charges, is payable according to the payment schedule specified in the applicable quotation or invoice.

The customer acknowledges and agrees that the deposit is non-refundable once paid, except where a refund is required by applicable law or expressly agreed to by us in writing.

This policy reflects the nature of custom orders, which may require us to purchase materials, ingredients, branded packaging, labels, printing, molds, or other supplies specifically for the customer. Such items may not be suitable for resale to other customers. We may also incur labor, design, administrative, supplier, production, and other costs in preparation for fulfilling the order.

The deposit is non-refundable regardless of whether production has started. This includes circumstances in which the customer cancels the order, changes their mind, changes the event date, reduces the order quantity, changes the requested design, or otherwise decides not to proceed after paying the deposit.

Unless we expressly agree otherwise in writing, any amounts paid toward a custom order are non-refundable at the customer's request once paid, subject to applicable law. Where a customer cancels a custom order, any outstanding amounts already contractually due for the order, including applicable committed costs, will remain payable to the extent permitted by law and the terms of the applicable order agreement.

Any change to an accepted custom order, including changes to quantity, flavor, design, packaging, branding, delivery date, or shipping arrangements, is subject to our written approval and may result in additional charges, revised production timelines, or both.

3. Custom Products and Special Orders

A “Custom Order” means any product, service, or order that is made, sourced, designed, assembled, packaged, branded, or otherwise prepared specifically for a customer, including but not limited to:

• Custom chocolates, truffles, chocolate bars, and other bespoke confectionery.
• Corporate gifts, branded chocolate collections, and personalized gift boxes.
• Custom packaging, labels, printing, logos, molds, and other branded materials.
• Special flavor development, bespoke product assortments, and custom quantities.
• Products ordered specifically for weddings, private events, corporate events, hospitality programs, promotional campaigns, or other occasions.
• Products or materials that we must specially order from a supplier to fulfill the customer's requirements.

Custom Orders are subject to the specifications, quantities, pricing, payment schedule, and delivery terms agreed upon in the applicable quotation, invoice, or written order confirmation.

No Refunds or Returns for Custom Orders. Custom Orders are final once the required deposit has been paid. Customers may not cancel an order for a refund, return custom products, or request reimbursement because of a change of mind, change in business needs, event cancellation, reduced attendance, revised marketing plans, or a decision not to use the products.

This policy applies throughout the entire order process, including design and approval, sourcing and procurement, supplier ordering, packaging production, preparation, manufacturing, assembly, completion, and shipment. It applies even if physical chocolate production has not yet begun.

Because custom products and materials may be created or procured exclusively for the customer, they may not be resalable or reusable for other orders.

4. Customer Approvals and Order Specifications

The customer is responsible for reviewing and approving all applicable order specifications, including product descriptions, flavors, quantities, branding, artwork, spelling, logos, packaging, and delivery details.

Where applicable, the customer must provide written approval of proofs, artwork, designs, or other specifications before production or printing proceeds.

Once the customer has approved the applicable specifications, any subsequent changes are subject to our written approval and may incur additional charges or delays. We are not responsible for errors in customer-supplied artwork, text, logos, or specifications that have been approved by the customer.

If the customer delays providing necessary information, approvals, payment, or materials, the delivery schedule may be adjusted accordingly.

5. Returns, Refunds, and Replacements

Standard Website Products. Standard, in-stock products purchased through our website are generally non-returnable, subject to any rights or remedies required by applicable law. Any exceptions are subject to our prior written approval and the conditions specified in these Terms.

Custom Orders. Custom Orders are final and are not eligible for cancellation, returns, or refunds at the customer's request after the required deposit has been paid, subject to applicable law. This includes deposits, payments for custom materials, branded packaging, design work, and other amounts paid toward the order.

Our custom-order policy does not eliminate any rights or remedies that may be available under applicable law if we fail to fulfill our contractual obligations or deliver products that materially fail to conform to the agreed specifications.

If products arrive damaged, defective, or materially inconsistent with the written order specifications, the customer must notify us promptly, providing photographs and a description of the issue. We will review the claim and, where appropriate, arrange a replacement, correction, or other remedy as required by applicable law or agreed upon in writing.

Except where required by applicable law, a customer's change of mind, dissatisfaction with approved design choices, event cancellation, or failure to use the products does not constitute grounds for a refund or return of a Custom Order.

6. Written Order Agreements

For custom orders, the applicable quotation, invoice, order confirmation, approved specifications, and these Terms should be read together as the agreement governing the order. If a custom-order quotation or signed agreement expressly establishes different terms, those specific written terms will govern to the extent of any inconsistency, subject to applicable law.

Customers are responsible for reviewing and accepting the applicable quotation, deposit requirements, payment schedule, specifications, and cancellation policy before submitting payment.

7. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, subject to any mandatory laws that apply to the transaction.

8. No Waivers and Entire Agreement

Our decision not to enforce a provision of these Terms in one instance does not constitute a waiver of our right to enforce it in the future. Any exception to the custom-order cancellation or refund policy must be expressly agreed to in writing by an authorized representative of Milène Jardine Chocolatier.

These Terms, together with the applicable quotation, invoice, written order confirmation, approved specifications, and other applicable policies, constitute the agreement governing the order.