Terms of Service

Effective Date: April, 2025

Welcome to Dubai Chocolate by Icy-N-Spicy (“we,” “our,” or “us”)!

These Terms of Service (“Terms”) govern your access to and use of our website located at www.dubaichocolatemiami.com (the “Site”) and our related services, purchases, and offerings (the “Services”).

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the Services.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use our Services.

By using the Site, you represent and warrant that you meet these eligibility requirements.

2. Orders and Payment

When you place an order, you agree to provide current, complete, and accurate purchase and account information.

We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud.

All payments must be made at the time of order placement.

We accept major credit cards and other payment methods as listed at checkout.

You agree to pay all charges associated with your order, including shipping fees and applicable taxes.

3. Shipping, Delivery, and Risk of Loss

We will ship products according to the shipping method you select during checkout.

Risk of loss and title for products passes to you upon our delivery to the carrier.

Delivery dates provided are estimates only and are not guaranteed.

For details about shipping practices, please refer to our Shipping Policy (posted on our website).

4. Refunds, Returns, and Exchanges

Please review our Refund Policy, which governs all issues related to damaged, defective, incorrect, or missing products.

We do not accept general returns due to the perishable nature of our products.

The Refund Policy is incorporated by reference into these Terms.

5. User Accounts

If you create an account with us, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

You agree to accept responsibility for all activities that occur under your account.

We reserve the right to terminate accounts, refuse service, or cancel orders at our discretion.

6. Intellectual Property Rights

All content and materials on the Site — including text, graphics, logos, images, videos, product designs, and software — are the exclusive property of Icy-N-Spicy or our licensors and are protected by copyright, trademark, and other laws.

You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify any part of the Site without our prior written consent.

“Icy-N-Spicy” and all related logos, branding, and product names are trademarks of Icy-N-Spicy.

7. Prohibited Conduct

You agree not to use the Services to:

Violate any applicable law or regulation
Infringe upon or violate our intellectual property rights or those of others
Transmit any viruses, malware, or harmful code
Engage in spamming, phishing, or other fraudulent practices
Interfere with the security or functionality of the Services

We reserve the right to investigate and take appropriate legal action against violations of this Section.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be uninterrupted, error-free, or secure.

9. Limitation of Liability

To the fullest extent permitted by law, Icy-N-Spicy, our officers, directors, employees, and agents will not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenues, data, goodwill, or other intangible losses
Any damages arising out of or related to your use of or inability to access or use the Services

Our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid us for the product or service at issue.

Some jurisdictions do not allow limitations of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Icy-N-Spicy and our affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms or your use of the Services.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles

Any dispute arising from these Terms or your use of the Services shall be resolved through final and binding arbitration, conducted in Miami, Florida, in English, under the rules of the American Arbitration Association.

You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including violation of these Terms.

Upon termination, all provisions which by their nature should survive termination shall survive (including intellectual property provisions, warranty disclaimers, and limitations of liability).

13. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

14. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

Icy-N-Spicy

Email: info@dubaichocolatemiami.com

Address: 1250 Ocean Dr, Miami Beach, FL 33139