T&C's
This website is owned and operated by Cristina Toscano Everything Food Pty Ltd ACN 164 156 192, Unit 2/8-10 Lindaway Place Tullamarine, Victoria 3043 (“Chocolati”).
By engaging with Chocolati through this website, you acknowledge and agree that your access to, and use of, this website is STRICTLY subject to these Terms and Conditions.
If you do not understand the following Terms and Conditions and require further assistance, please contact us at hello@chocolati.com.au between 9am-5pm AEST Monday to Friday (excluding public holidays) and we will respond within 48 hours.
Agreement as to Terms and Conditions
TAKE NOTE: BY USING THIS WEBSITE AND/OR PLACING AN ONLINE ORDER WITH CHOCOLATI, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ADHERE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY EXIT THIS WEBSITE AND DO NOT CONTINUE TO ACCESS THE WEBSITE’S CONTENT OR USE IT TO PURCHASE OUR GOODS AND/OR SERVICES.
Each order made and processed with Chocolati will constitute a separate and binding agreement between you and Chocolati.
Chocolati reserves the right to change these Terms and Conditions anytime without providing any notice. However, each order placed on this website will be governed by the Terms and Conditions in force on the date of the transaction.
Disclaimer, Warranties and Limitation of Liability
You acknowledge and agree that your use of this website is at your sole risk. This website and its content, including our products, are provided on an “as is” and “as available” basis without any representation, warranty or conditions of any kind, neither express or implied, as to the quality, fitness for a particular purpose or durability of any content or products.
Chocolati and its affiliates, directors, officers, employees, agents, contractors, successors or assigns, will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the content products displayed on this website, the use of this website or any Third Party Website that it is linked to, to the extent permitted by law.
Our limitation of liability to you for any loss or damage relating to this website or products is reduced to the extent of (if any) contribution by you to that loss or damage and our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to release, indemnity and hold harmless Chocolati and its affiliates, directors, officers, employees, agents, contractors, successors or assigns against any claim or demand made by you or any third party, emerging out of or in connection with products displayed and sold on the website, the use of this website or any Third Party Website that it is linked to, to the extent permitted by law.
Chocolati is entitled to seek all remedies available at law or in equity for any breaches of these Terms and Conditions by you, and may suspend or terminate your account and ultimately block access from a particular internet address to this site. Chocolati’s failure to enforce or pursue any one or more of these rights under these Terms and Conditions will not constitute a waiver of such rights.
Errors and Omissions
Occasionally information on this website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product availability, delivery charges, delivery times. Chocolati reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information related to the products, this website or on any Third Party Website is inaccurate at any time without notice, including after you have placed an order.
We are under no obligation to update, amend or clarify information related to the products, this website or on any Third Party Website, including without limitation, pricing information, except as required by law.
By engaging with Chocolati via this website, you acknowledge that the Internet is an unsecured public network and by interacting with this website you will be providing information across such network. Chocolati will undertake all reasonable measures to protect the security of information transmitted by you and/ or to you, however such information may be unintentionally displayed, intercepted, corrupted or modified by third parties. Furthermore, files acquired through or from this website may contain computer viruses or potentially other harmful codes or defects. For more information regarding your privacy, please see our PRIVACY POLICY. [Insert Hyperlink here]
By engaging this website and, providing and receiving such information, you acknowledge these risks, and any losses or damages that may unintentionally occur.
Cookies
From time to time Chocolati may collect information about individual Users and the activities of Users on the website. For more information, please refer to our PRIVACY POLICY. [Insert Hyperlink here].
Third Party Websites
Chocolati may include links on this website to websites owned and operated by other parties for example: Australia Post (“Third Party Websites”). Chocolati is not responsible for the content, the availability of goods or services, nor is Chocolati responsible for any damages, offence or loss suffered as a consequence of engaging with or using Third Party Websites.
Capacity to contract
By engaging with this website and registering as an account holder and placing an order for the supply of our products through this website, you represent that you are at least 18 years of age with capacity to contract with us. You agree to provide truthful and accurate information about yourself as request in any order or registration form. Furthermore, you agree that if Chocolati suspects that any information provided by you is inaccurate or incorrect, Chocolati may suspend or terminate your account at any time without notice.
Orders
All orders placed on this website are considered an offer to purchase and are subject to acceptance by Chocolati. Chocolati reserves its rights to refuse an offer for any reason. Orders can be made online 7 days a week, 24 hours a day.
To submit an order for products you must complete and submit the online order through the Chocolati Shopping Cart process.
Prices and Payment
All prices on this website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. In respect of any order may by you on this website, we will charge you, and you agree to pay, the stated purchase price and the delivery fee as at the time the order was placed.
Chocolati accepts payment by the way of Visa and MasterCard. By ordering products from this website, you authorise Chocolati to charge all fees relating to your order to your nominated credit card. If payment is not received from the card issuer or its agents for any given reason, you agree to pay Chocolati all amounts due on demand.
Products must be paid in full at the time of purchase, unless otherwise agreed between you and Chocolati in writing. Chocolati is under no obligation to deliver any products until payment for those products have been paid for in full and payment is received.
Chocolati undertakes thorough planning to ensure it holds sufficient stock levels to satisfy orders, however you acknowledge and agree that Chocolati does not guarantee that it will always have sufficient stock to satisfy all orders. If the requested products are unavailable at the time of purchase, Chocolati will offer a similar alternative or provide you with a credit for the value of that item. You will be notify if this occurs however, to the extent permitted by law, cash refunds will not be given.
Any quotations provided to buyers, will remain valid for 14 days from the date when the quotation was given in writing to such other period determined by the Chocolati quotation.
Refunds and Returns
When purchasing products from website, please order carefully. Chocolati only offers exchanges on products that were for whatever reason, incorrectly ordered, at its absolute discretion.
If a product is faulty, not of merchantable quality, not fit for purpose, damaged or there is an incorrect item in your order, you must contact Chocolati at hello@chocolati.com.au within 5 business days of delivery. Individual products must not be opened and consumed before making contact with Chocolati. Chocolati will assess the quality of the item and if deemed damaged on arrival or faulty, we will provide a replacement where possible, exchange, a store credit or a refund. A store credit can’t be exchanged for cash.
If Chocolati decides that the product was not damaged on arrival or faulty and it is not covered by a manufacturers warranty, a replacement, exchange or store credit may not be offered. Chocolati will not accept cancellations of orders.
Chocolati’s returns and refunds policy is consistent with its obligations under the Australian Consumer Law.
The costs of returns will be at your own expense unless the products are damaged or faulty.
If you intend to seek a replacement or exchange, you must email us at hello@chocolati.com.au and we will respond within 48 hours.
Title and Risk
Title and risk to the products offered for sale on this website and purchased by you, will pass to you upon payment being received by Chocolati.
Delivery
Chocolati delivers within Australia to all major capital cities and towns. Internationally shipping is available upon request and quotation. A Chocolati team member will endeavour to provide you with a delivery estimate at the time an order is placed and payment is received in full. The estimated time of delivery ultimately depends on where your order is being shipped to and the volume of the order, and the capacity of the delivery company at the time of shipment.
Chocolati endeavours to deliver the goods within 1-7 business days however you may request express post at your own, additional expense.
Whilst Chocolati always endeavours to meet the delivery date on the scheduled days, you aknowledge and agree that Chocolati is not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the scheduled delivery day.
You or your authorised recipient must be available to collect the products at the estimated delivery time at the nominated delivery address. If you are unable to collect the products at the estimated time and location, Chocolati reserves the right to charge an additional delivery fee. A re-delivery fee will be determined once you have made contact with Chocolati to arrange the products to be re-delivered.
It is your responsibility to ensure correct delivery address details and contact numbers are provided to Chocolati, where delivery is made to an incorrect address, an additional delivery fee will be charged to you for re delivery to the correct address.
Orders returned to Chocolati due to incorrect address, failure to collect from Australia Post Outlet, or failure to contact courier after an attempted delivery, will incur a re-shipping AND re-delivery fee. All Chcooalti deliveries will be made on business days only.
Refunds will not be given for late delivery. Chocolati will not be held liable for late delivery outside of our stipulated delivery time frames. We endeavour to ship your delivery on time and without any delay. If a delay does occur, it is often during transit, which is out of Chocolati’s control. In the rare case you do not receive your parcel within the anticipated and estimated time frame, please contact us at hello@chocolati.com.au and we will follow up with the courier service.
Please note that during peak times (November-December) standard delivery times may be greater than 1-7 business days. Accordingly, orders during these times should be placed as early as possible to avoid delays.
Trademarks and Copyright
The entire content of the Chocolati website and all related graphics, designs, photographs, logos, text, code and product and service names are copyright and/or trade marks (registered and unregistered) that are the property of Chocolati.
These trademarks, logos and other proprietary rights may not be used in relation to any other product or service without Chocolati’s written consent. Where content on the website is provided by persons other than Chocolati, then that content is deemed to be owned by the person providing it and is protected by Australian and International copyright laws.
You must not transmit, broadcast, edit, adapt or make use of any content on the website whether belonging to Chocolati or an external provider. Where any content of the website is downloaded or printed by you, you agree that such content is to be used solely for private and non-commercial purposes or to evaluate and/or purchase any Chocolati products.
Except in regard to your own user-generated content, you agree that you have no right, title or interest in or to any content that appears on this website. Reproduction of any content, design, layout, look, appearance or graphics contained in this website is prohibited and may infringe our rights under the Copyright Act 1968 (Cth).
Jurisdiction
These Terms and Conditions of Use are governed by the laws of the State of Victoria, and the federal laws of Australia. Any claim or dispute between you and Chocolati that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of Victoria.
© 2020 Cristina Toscano Everything Food Pty Ltd ACN 164 156 192.