Terms of service

Overview

Last updated: September 29, 2026

Welcome to Da Bayou Chocolate™ & Da Bayou MudTM. The terms “we,” “us,” and “our” refer to Da Bayou Chocolate, Da Bayou Mud and Soupface, LLC, as applicable. We operate this store and website and related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify.

These Terms of Service (“Terms”), together with policies incorporated by reference, describe your rights and responsibilities when you use the Services. Please read them carefully. They include important provisions concerning warranties and limitations of liability.

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Access and Account

You represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the legal capacity required to use the Services. You are responsible for ensuring information you provide, including email, billing, payment, and shipping information, is current, complete, and accurate.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

2. Our Products

We make reasonable efforts to accurately describe and depict our products. However, screen settings, photography, lighting, production batches, natural ingredients, and temperature can cause differences in color, texture, consistency, ingredient distribution, and appearance. Product photographs are illustrative, and the product received may vary.

Because our products are made from food ingredients and may be produced in batches, natural variations are expected. Product descriptions, availability, formulations, packaging, and offerings may change without notice, subject to applicable law. We may discontinue products or limit quantities by person, geographic area, or jurisdiction.

3. Food Products, Ingredients and Allergens

Our products are food products. Customers are responsible for reviewing the ingredient statement, allergen declaration, storage directions, and other information on the applicable product label or packaging before consumption.

Products contain or may contain allergens as identified on their labels and may be produced or handled in facilities where other allergens are present. Da Bayou Mud contains milk and tree nuts (pecans), and Da Bayou Chocolate (and Da Bayou Crunch) contains milk, tree nuts (pecans), and wheat. If you have a food allergy, intolerance, or sensitivity, do not consume a product unless you have determined from the applicable label and other reliable product information that it is appropriate for you.

Website information is not a substitute for the information on the physical product label. If website information and the product label differ, contact us before consuming the product.

4. Temperature, Product Consistency and Storage

Da Bayou products contain ingredients whose texture and consistency may change with temperature. During warm-weather shipping or storage, ingredients may soften, melt, or separate. These changes are normal characteristics of the product and do not necessarily indicate damage or defect.

Upon opening, you may stir the product to your preferred consistency. With chocolate-containing varieties, a gentle stir may leave the chocolate and pecan praline cream partially distinct, while additional stirring may create a more blended chocolate-praline consistency. How much you stir is a matter of personal preference.

Always follow storage and handling instructions on the product packaging. We are not responsible for deterioration or contamination caused by improper handling or storage after delivery.

5. Orders

Placing an order constitutes an offer to purchase. We reserve the right to accept, decline, limit, or cancel an order as permitted by law. An order is not accepted until we confirm acceptance and successfully process the applicable payment.

Review orders carefully before submitting them because we may be unable to accommodate cancellation or modification requests once fulfillment begins. If we decline, modify, or cancel an order, we will attempt to notify you using information supplied with the order.

Purchases are subject to our Refund, Replacement & Return Policy. Unless otherwise authorized by us, products purchased through our consumer store are for personal or household use and not for unauthorized commercial resale or export.

6. Prices and Billing

Prices, discounts, shipping charges, and promotions may change without notice. The price charged is the price in effect when the order is placed, subject to correction of errors as permitted by law. Unless expressly stated otherwise, displayed prices exclude applicable taxes, shipping, handling, customs, duties, or import charges.

You agree to provide accurate and authorized payment information and to pay all properly incurred charges, including applicable shipping and taxes.

7. Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other circumstances outside our reasonable control, subject to applicable consumer law.

We may hold or delay shipments during extreme heat or other weather conditions when reasonably appropriate to protect product quality. Because shipping environments vary, we cannot guarantee that products will arrive at the same temperature or consistency at which they were packed.

Normal temperature-related softening, melting, or separation is addressed in Section 4 and our Refund, Replacement & Return Policy. If an order is lost, materially damaged, or presents a concern beyond normal temperature-related changes, contact us promptly so we can evaluate the issue.

8. Intellectual Property

The Services, including trademarks, brands, text, photographs, graphics, product reviews, video, audio, designs, selection, and arrangement, are owned by us, our affiliates, or licensors and are protected by applicable intellectual-property laws.

Da Bayou Chocolate™, Da Bayou Mud™, Da Bayou Crunch™, associated logos, product names, designs, trade dress, slogans, and other brand elements are trademarks or other intellectual property of their respective owner(s). The ™ symbol indicates a claim of trademark rights and does not represent federal registration unless a mark is expressly displayed with ®.

The Services are provided for personal, non-commercial use. Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, exploit, or otherwise use protected materials from the Services.

9. Optional Tools and Third-Party Links

We may provide access to third-party tools, websites, or functionality that we do not control. Such tools and links may be provided “as is” and “as available.” Your use of third-party services is subject to the applicable third party’s terms and policies, and you should review them before use.

10. Relationship with Shopify

Da Bayou Chocolate is powered by Shopify, which enables us to provide the Services. Sales and purchases made through our store are made directly with Da Bayou Chocolate/Soupface, LLC, not Shopify. To the fullest extent permitted by law, Shopify is not responsible for the products sold by us or for claims arising from our sales transactions.

11. Privacy

Personal information collected through the Services is governed by our Privacy Policy – Da Bayou Chocolate. Certain information is also processed by Shopify under Shopify’s applicable privacy policies.

12. Feedback, Reviews and User Content

If you submit ideas, suggestions, feedback, reviews, photographs, proposals, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback for operation, improvement, and promotion of the Services, subject to applicable law.

You represent that you have the rights necessary to submit Feedback; that required disclosures regarding compensation or incentives have been made; and that your Feedback will not violate law, intellectual-property, privacy, publicity, or other rights. We may moderate or remove content as permitted by law and our policies.

13. Errors, Inaccuracies and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions concerning descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct errors and update information, and may cancel or adjust orders affected by material errors, as permitted by law.

14. Prohibited Uses

You may use the Services only for lawful purposes. You may not use them to violate law or third-party rights; infringe intellectual property; harass or harm others; transmit malicious code; send spam; impersonate others; scrape or extract data in violation of our access controls; circumvent security measures; or otherwise interfere with the operation or legitimate use of the Services.

We may suspend or terminate access for violations of these Terms, subject to applicable law.

15. Termination

We may terminate or restrict access to the Services as permitted by law. Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and similar provisions, will survive.

16. Disclaimer of Warranties

To the fullest extent permitted by law, and except for warranties that cannot legally be excluded, the Services and products are provided on an “as is” and “as available” basis. We do not warrant that the Services will always be uninterrupted, secure, or error-free, or that products will meet every subjective expectation.

Nothing in these Terms excludes warranties, remedies, or consumer rights that applicable law does not permit us to exclude.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DA BAYOU CHOCOLATE, DA BAYOU MUD, SOUPFACE, LLC AND THEIR AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, SAVINGS, OR DATA, ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Nothing in these Terms limits liability that applicable law prohibits us from limiting.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Da Bayou Chocolate, Da Bayou Mud, Soupface, LLC, Shopify, and their applicable affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, or reasonable attorneys’ fees arising from your material breach of these Terms, violation of law or third-party rights, or misuse of the Services.

19. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law or severed as necessary, without affecting the remaining provisions.

20. Waiver; Entire Agreement

Failure to enforce a provision is not a waiver. These Terms and the policies incorporated by reference constitute the agreement governing use of the Services and supersede prior agreements concerning that subject matter, except where otherwise expressly agreed in writing.

21. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, financing, reorganization, sale of assets, or other lawful business transaction, subject to applicable law.

22. Governing Law and Venue

These Terms and any separate agreements through which we provide Services will be governed by the laws of California without regard to conflict-of-laws principles, except where mandatory consumer law requires otherwise. Subject to applicable law, venue for disputes will lie in the state or federal courts located in Los Angeles County, California.

23. Changes to These Terms

We may update these Terms from time to time by posting a revised version on the website. We will provide notice of material changes where required by law. Changes will take effect as stated in the applicable notice or revised Terms.

24. Contact Information

Questions about these Terms should be sent to:
DaBayouChocolate@gmail.com
Soupface, LLC / Da Bayou Chocolate / Da Bayou Mud
13126 Huston St., Sherman Oaks, CA 91423