Sale Terms and Conditions (USA)

Last Updated: 05/20/2024


    These Sale Terms and Conditions (“Sale Terms”) are for United States visitors to the Awake Chocolate webstore located at (which we refer to in these Sale Terms as the “site”, which includes all content, functionality, and services offered on or through the site). These Sale Terms are a part of our Site Terms, available at, and are incorporated therein by reference. Please review the Site Terms carefully, as they contain important information and limitations regarding your legal rights.

    These Sale Terms describe the terms and conditions on which the products offered through the site are sold and supplied to you, and provide important information regarding your purchase and your rights. YOU SHOULD CAREFULLY READ THESE SALE TERMS. By using the site, including by browsing, expressing an interest in, or purchasing any products, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these Sale Terms. If you do not agree to these Sale Terms, you should not purchase any products through the site.


    The site is owned and operated by Awake Corporation, who we refer to, together with our affiliates, as “Awake,” “us,” “we,” or “our.” When we refer to “you” and “your” in these Sale Terms, we are referring to you as a visitor to and user of the site. The term “content” refers to any information presented on the site, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information. The term “products” refer to any products listed for purchase on the site.

    You can contact us by email at


    To place an order and purchase products on the site, you should follow the instructions and process described on the site.

    By clicking on the “Check Out” button, you are confirming your intent to purchase the items in your order and are committing to purchase those items from the site. Please ensure that you check over your order carefully before submitting it to us. By submitting an order, you are confirming that you have the authority and right to purchase the products using the contact, delivery, and payment information provided to us. If you have an account on the site, you are responsible for all orders placed using that account. Orders placed by submitting an email address are the responsibility of the owner of that email address. We are not responsible for fraudulent orders.

    Once an order is placed, it is subject to our acceptance, and we may refuse orders for any reason without any liability to you (other than a refund of any charge made with respect to the order). If we cannot accept your order for any reason, such as product unavailability, any error in the product and/or price description, delivery issues, or improper or incomplete payment information, we will inform you of this. You will not be charged for any order that we cannot accept.

    We will confirm our acceptance of your order by generating a confirmation page on the site and/or sending a confirmation email to the email address you provide. Once an order has been accepted by us, it cannot be canceled except as provided in these Sale Terms.

    Accepted orders will be provided with an order number, which will be used to track and address issues with your order. Please retain your order number.


    The images and descriptions of products on the site are for illustrative and informational purpose purposes only. We make reasonable efforts to accurately describe our products offered on the site. However, we do not warrant that such descriptions, or any specifications, pricing, or other content on the site is complete, accurate, reliable, up-to-date, or error-free. All descriptions of products and product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any product at any time.

    Without limiting the foregoing or any Additional Site Terms:

    • images of products shown on the site may not match the products available in your area;
    • colors shown on the site are provided as a guide, and may not match the color of the physical product;
    • product packaging may vary from that shown on the site;
    • prices displayed on the site may change at any time without notice; and
    • we may need to make minor changes to products to reflect changes in legal or regulatory requirements that do not, in our judgment, affect use of the product.

    Not all products are available in all areas.


    All prices on the site are shown in US dollars. Our prices exclude all taxes and delivery charges.

    We reserve the right to change prices as we may determine in our sole discretion, at any time and without notice. By submitting an order, you confirm your agreement to pay the price as shown on each product as displayed on the site in your cart/checkout information.

    For orders shipped to certain states, we may be required to collect state sales tax as a percentage of the total value of the order (which may, depending on state law, include shipping charges). Taxes will be displayed to you at checkout at the time you place your order, depending on the ZIP code you enter with your order.

    Shipping costs will be calculated and displayed to you at the time you place your order, and will vary depending on the shipping method and delivery times. We reserve the right to limit shipping options and select carriers.


    Payment can be made by any of the methods specific at checkout, and payment will be charged to/debited from your account, as applicable, at the time you place your order. 

    By providing a credit card, debit card, digital wallet payment mechanism, or other acceptable payment method, you represent and warrant to us that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your purchase, including all taxes and delivery charges.

    If at any time your payment method cannot be verified, is invalid, or otherwise is not accepted, your order may be suspended or cancelled until you are able to resolve the problem to our satisfaction. We will not be responsible for any delays due to payment validation checks.

    If you have a registered account on our site and you want to change or update any saved payment information, you can do so by logging into your account and making the applicable edits. 

    We use a third party vendor, Shopify, a payments provider who is Payment Card Industry – Data Security Standard compliant, to facilitate and process payments through the site. Accordingly, when you submit payment for products on our site, your payment will be processed by Shopify Payments, and your interactions with the Shopify Payments platform will be governed by Shopify’s terms and conditions and privacy policy. Please visit the Shopify website, accessible here, for more information.



    Orders are shipped via UPS. Orders are processed 7 days a week, but only shipped out Monday through Saturday. Please note we do not ship to Hawaii, Alaska or Puerto Rico.

    Orders Up to $30.00


    $30.01 - $50.00


    $50.01 and Over



    Our shipping & handling charges cover the expenses we incur to process, pack, and ship your order.

    Taxes, shipping and other charges do not apply to minimum purchase requirement. Free shipping is only valid on orders shipping to one address. You will receive FREE Shipping on all orders over $50. Please note we do not ship to Hawaii, Alaska or Puerto Rico. In the warmer months (May - October) and depending on shipping location and temperature, orders may be shipped in biodegradable insulated packaging with cold packs to protect these products from the heat. This ensures you receive the freshest product possible.

    Shipment dates provided to you at the time orders are placed are approximate, and may depend on weather or other events beyond our control. We attempt to provide tracking information with your shipment notifications(s), but we are not responsible for the accuracy of that tracking information. Some circumstances that may result in delayed shipment or delivery include:

    • Payment issues
    • Incorrect or incomplete shipping information
    • Orders held because items are out of stock
    • Issues affecting carrier operations (including severe weather)

    Products are generally delivered during normal carrier delivery hours (which may vary depending on your location). If you are not at home when your delivery arrives, depending on any preferences or instructions you may have established with the carrier, the carrier may leave the package for you at your door. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. If a carrier is not able to deliver an order for any reason, the carrier may (depending on the carrier’s terms and conditions) hold the package at their facility and/or require you to make alternate arrangements for pick-up or delivery. The carrier’s policies and practices are outside of our control, and we will not be liable to you, the carrier, or any third party for any storage or additional delivery costs, or any treatment of the package while in the carrier’s control or after delivery to you. If a carrier returns a package to us due to delivery failures, we will contact you either to arrange re-delivery, or to cancel your order and refund the purchase price (less costs associated with the package delivery and return).

    Shipping to P.O. Boxes is NOT available. Shipping to APO/FPO and International addresses are not currently available as a standard option. Please call e-mail us at, for the status and charges for your specific location.


    Following our acceptance of any order, that order is irrevocable and we will not have any obligation to change or cancel that order. For this reason, we again remind you to check over the details of your order (including the precise products ordered, quantities, and prices).

    However, if you wish to make a change to an order after submitting it, you can contact us at We will review your order, and let you know if any changes are possible, subject to our sole discretion.


    All of our sales are final. For health and safety reasons and due to the perishable nature of our products, we are unable to accept any products for return or exchange. 

    If you receive products that are defective or damaged, if you receive a product that is different from the one you ordered, or if your order is incomplete, please notify us at within 5 days of receiving the item (based on carrier tracking). In such cases, a refund or replacement product may be provided in our discretion.


    Our site allows you to set up auto-delivery subscriptions. Subscription orders placed using auto-delivery have the following benefits:

    • An 18% discount applied to the purchase price (before taxes and shipping)
    • Choose your own products and delivery schedule
    • Cancel or make changes any time up to one business day before the next shipment’s ship date.

    To set up a subscription, follow the following steps:

    Step 1: Click on your desired product, flavor, and size
    Step 2: Select the “Auto-Delivery” option
    Step 3: Select your delivery schedule
    Step 4: Add the item(s) to your cart and continue shopping.

    Auto-delivery orders will be subject to the standard shipping charges described above.

    Other promotions may not be combined with the auto-delivery program, as auto-delivery items are provided at a special discounted price.

    If you set up a subscription, you agree to recurring purchases in the quantities and at the frequency you set. You acknowledge that the cost of your subscription may change based on changes to product or delivery pricing. You will be automatically charged for each shipment, at the time of shipment, using the payment method selected by you when you set up the subscription. If we are unable to charge your payment method for any reason, your shipment may be delayed or canceled.

    Your subscription will automatically renew until you cancel the subscription. You can cancel any subscription up to 48 hours prior to a shipment by (a) visiting your account page and following the process described under “Manage Subscription; or (b) emailing us at

    11. NO RESALE

    The products available for purchase on the site are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or otherwise reduce the quantity of any order that we believe, in our sole discretion, may result in a violation of our no resale policy.