These Terms and conditions govern the website www.curatorialchocolates.com.au operated and provided by Curatorial Chocolates (ABN 79 099 940 879).
Curatorial Chocolates may at any time, in its sole discretion, amend, vary or modify these Terms and Conditions without notice. Modifications to these Terms and Conditions will be effective immediately and any subsequent use by you of this website, will constitute your acceptance of the modifications and the current Terms and Conditions of this website.
Curatorial Chocolates may, without notice, terminate or suspend this website or any part of the website at any time.
1. Online Shopping Terms
By agreeing to these Terms and Conditions, you represent that you are legally the age of majority in the place, state or territory in which you reside. By placing an order through our site, you represent that you are legally able to enter into binding contracts.
Our site is only intended for use by people residing in Australia. We do not accept and will not process orders from individuals outside Australia.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
ALCOHOL DELIVERY DISCLAIMER
Curatorial Chocolates supports the Responsible Service of Alcohol.
Under the Liquor Licensing Act 1997, it is an offence to supply liquor to a person in South Australia under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor from another person.
The gift box containing alcoholic product must be delivered as a gift to an adult.
By adding this product to the shopping cart the purchaser represents that they and the recipient, are over 18 years old.
The purchaser accepts that it is an offence to falsely represent they are of legal age to purchase alcohol and to obtain alcohol on behalf of a person who is under 18 years.
Upon delivery of alcoholic gift boxes, the recipient may be required to provide a valid ID for proof of age and to sign for the goods.
2. General Conditions
We reserve the right to refuse sale of a product or service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Modification of Pricing
Product prices include applicable taxes, including any GST payable. The price of the Products, Services and our delivery charges will be as quoted on our site from time to time, except in the cases of obvious error. Prices for our products are subject to change without notice. We shall not be liable to you, or any third-party for any modification in our pricing.
4. Products and Services Warranty
We reserve the right, but are not obligated, to limit the sales of our Products and Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colours and images of products in our online shop. We cannot guarantee that your computer monitor or mobile device display of any colour will be accurate.
Any products you buy from us may be made in the same environment as nuts, gluten products and other allergens and therefore we cannot guarantee that they are free from nut or gluten traces. Our suppliers provide dietary information on their products, but we do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
We offer a gift voucher service on the website. To use a voucher you will be required to enter its unique code at the online checkout and use of such a code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the voucher. A voucher may only be used once by its holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form without our prior written approval. Vouchers may only be redeemed through our website and are not redeemable for cash. We reserve the right to withdraw or cancel any voucher for any reason at any time.
5. Changes to Orders and Returns
You can cancel an individual order provided it has not entered our dispatch process. We cannot give exact timings of when orders enter dispatch, however if you email us at firstname.lastname@example.org we will endeavour to help you. Once you have notified us that you are cancelling your order, any sum debited from your payment card will be re-credited to your account within 30 days of your order cancellation.
Our website and our online store have been carefully designed to provide you with as much information as possible on all our products. To help you make the right selection please use this information and select carefully.
Unless otherwise agreed by us in its absolute discretion, all Products are sold on a no return for credit basis, unless
– Subject to this clause, the Products are received in a damaged state; or incorrect Products are supplied to You; or the Products are faulty.
If the Product delivered is not what you ordered (including any replacement Products), or does not correspond with its description or the Product delivered is not of a satisfactory quality, we will, at our option, deliver to you a replacement Product or refund to you the price paid.
Claims for credit must be made within seven (7) days of receipt or collection of the Products by You by emailing email@example.com. A copy of your online receipt of purchase is to be supplied via email as well as a photo of the product, failing which any such claims are deemed to be waived.
In the event we agree to the return of the Products for credit, You will be notified of the appropriate procedure to be complied with to return the Products.
If you are entitled to a refund from us, we will pay as soon as possible, but in any event within 30 days. While in your possession, you must keep any Products you intend to return to us in good condition.
If you are unhappy with any product you receive from us, please contact us immediately at firstname.lastname@example.org, and include a photo of the product. We retain the right to request return of any faulty products. If the fault is agreed, a replacement product will be provided, or a full refund, including any reasonable cost incurred by you in returning the product, will be given for the returned product within 14 days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please do not send your product back to the manufacturer or supplier of any of the products.
6. Shipping and Delivery
Your order will be shipped primarily through a Courier or Australia post service. We will only deliver to addresses within the Australia Post delivery network. Shipping is free for orders over $79 and for smaller orders, a shipping fee of applies.
Please allow 1 – 7 working days for delivery. At times, third party delivery service may take longer than expected and this is out of our control. We accept no liability or responsibility for incorrectly placed orders, or for delivery details which are incorrectly supplied or you fail to supply.
Most orders will ship within 1-3 business day of ordering. Orders are subject to verification and approval before shipping and may take up to 48 hours to process. Please note that we do not ship from Friday to Sunday or public holidays to maintain the quality of the Product during the delivery process.
While we will do all we can to ensure your order is delivered on time, Curatorial Chocolates cannot be held responsible for conditions beyond our control such as severe weather, extreme heat, service interruptions, etc. Curatorial Chocolates cannot be held responsible for any parcels left unattended at a property address.
Alcohol Delivery disclaimer
Curatorial Chocolates supports the Responsible Service of Alcohol. Under the Liquor Act 1992, it is an offence to supply liquor to a person in Queensland under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor from another person. The gift basket containing alcoholic product must be delivered as a gift to an adult and the purchaser of this gift represents that they and the recipient are over the age of 18 years.
7. Account and Billing information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. Disclaimer and limitation of liability
The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
9. Third party links and Cookies
From time to time this Site may contain links to other third party websites. We do not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and we expressly exclude any liability which may arise from your use of or access to those third party websites.
You can disable cookies in your browser settings. However, adjusting these settings may affect the functionality of this website.
Information stored in cookies can include:
a. the identity of the page and services you are requesting;
b. the type of browser or operating system you use;
c. time and date of access; and
d. the Internet address of the website from which you navigated from to reach our website.
Cookies do not store personal information such as:
a. your name
b. email addresses
c. phone numbers.
10. Intellectual Property
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
This Site contains materials that are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site.