Terms

TERMS AND PRIVACY POLICY

TERMS

PLEASE READ THESE TERMS AND CONDITIONS OF USE & PRIVACY STATEMENTS CAREFULLY BEFORE USING THIS WEBSITE

Welcome to The Margaret River Chocolate Company website/on-line shop. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern our relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Margaret River Chocolate Company and “You” and “Your” refers to you, the shopper, visitor or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Margaret River Chocolate Company’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that The Margaret River Chocolate Company is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Margaret River Chocolate Company’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF PHYSICAL GOODS

The Margaret River Chocolate Company uses Australia Post and/or other reputable courier companies to deliver physical goods.

Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery location and the delivery company chosen. The Margaret River Chocolate Company is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly and The Margaret River Chocolate Company will assist in the investigation where possible. Replacement of damaged or lost items is made at the discretion of The Margaret River Chocolate Company.

RETURNS AND REFUNDS

The Margaret River Chocolate Company handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. We cannot exchange goods or refund purchases due to their perishable nature unless an incorrect order has been despatched.

Should you wish to request a refund, you must notify us within two days of delivery with a valid reason. Refunds are made at the discretion of The Margaret River Chocolate Company.

LINKS TO OTHER WEBSITES

The Margaret River Chocolate Company may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Margaret River Chocolate Company and the owners of those websites. As such The Margaret River Chocolate Company takes no responsibility for any of the content found on the linked websites.

The Margaret River Chocolate Company’s website may contain information provided by third parties for which we accept no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, The Margaret River Chocolate Company absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Margaret River Chocolate Company gives no warranty that the goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of The Margaret River Chocolate Company to bear any entire costs of repairs or correction.
The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

THIRD PARTIES

The Margaret River Chocolate Company does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

The Margaret River Chocolate Company may be required, in certain circumstances, to disclose information in good faith and where the company is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of The Margaret River Chocolate Company, its customers or third parties.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to The Margaret River Chocolate Company. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

The Margaret River Chocolate Company expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and The Margaret River Chocolate Company. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

FOOD OR CATERING

The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.

JURISDICTION

This agreement and this website are subject to the laws of Australia. If there is a dispute between you and The Margaret River Chocolate Company that results in litigation then you must submit to the jurisdiction of the courts of Australia.

PRIVACY

At The Margaret River Chocolate Company we are committed to protecting your privacy. We use the information we collect about you as an on-line visitor to our web site to maximize the services that we provide to you. The Margaret River Chocolate Company respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.

You may change your details at any time by advising us in writing via email. All information The Margaret River Chocolate Company receives from its customers is protected by our secure server that encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

STORAGE AND SECURITY OF YOUR INFORMATION

We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with The Margaret River Chocolate Company’s customer support.

We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.

Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect The Margaret River Chocolate Company’s copyright, trademarks and other legal rights.

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

COOKIES

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, yvci.com.au may use your Personal Data to protect the rights, property or safety of The Margaret River Chocolate Company, its customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction.
And finally we would only disclose your information in good faith and where required by any of the above circumstances.

THIRD PARTIES

The Margaret River Chocolate Company does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of yvci.com.au, its customers or third parties or if required by law.

SECURITY

The Margaret River Chocolate Company strives to ensure the security, integrity and privacy of personal information submitted to our website, and periodically updates its security measures in light of current technologies.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at swan@chocolatefactory.com.au or call +61 8 92501588.

GENERAL DELIVERY TERMS

The Margaret River Chocolate Company takes great care with your order to ensure it arrives in the best possible condition and while we take no responsibility for damaged goods, we do all we can to avoid this.

We supply and despatch our products to selected addresses in Australia only through the AusPost Standard eParcel Service.

Deliveries will be booked on business days and despatched twice weekly. Deliveries to capital cities will usually be delivered within 2 – 4 business days.

We may decide to hold deliveries during particularly hot periods.

We highly recommend supplying a business address or post office box where possible.

The delivery driver will need to obtain a signature, or leave a card if you are not in attendance, advising that the parcel is awaiting collection at the local Post Office.

A flat fee of $15 is charged to cover postage and handling. Orders over $150 are delivered free.

Customers can pay an additional $10 for insulated packaging.

The Margaret River Chocolate Company cannot exchange goods or refund purchases due to their perishable nature unless an incorrect order has been despatched. Requests for a refund must be notified to The Margaret River Chocolate Company within two days of delivery with a valid reason. Refunds are made at the discretion of yvci.com.au.

LOSS AND DAMAGE

All risk of loss or damage to the goods passes to the customer once goods are despatched.

If an order is lost in transit, orders will not be replaced until such time as the original order has been located and returned to The Margaret River Chocolate Company.

The Margaret River Chocolate Company cannot accept liability for any loss or damage due to late delivery.

Australia Post will do their best to handle your order with care. However, given the perishable and fragile nature of your order and the fact that they don’t have a fragile parcel service; Australia Post cannot take responsibility for products that may have been affected by temperatures and deliveries that haven’t met their delivery service standards.

DELIVERY ADDRESS

It is the obligation of the customer to ensure the recipient’s delivery address is correct.

Failure to provide the correct delivery details may result in incorrectly delivered goods or undelivered goods without compensation and we accept no liability for incorrectly delivered or undelivered goods.

For business, school and hospital addresses, we accept no responsibility for delivered items that are redirected to the mailroom, front desk, reception, or elsewhere.

TRACKING

The Margaret River Chocolate Company uses Australia Post Standard eParcel Service to deliver orders. Knowing the whereabouts of your delivery brings you peace of mind. A unique barcode is assigned to your order and then scanned and tracked all the way through its journey, from lodgement to ‘in transit’ and arrival at the terminating Deliver Centre, and then another scan is done at the point of delivery and or when it is carded to the Post Office.

To track your order, simply enter the consignment or barcode number found on your order confirmation, sent to your email which you supplied to purchase the goods, in the online tracking tool or call 13 POST (13 76 78).

If you would like any further clarification on our postage and handling, or further information on how to track the status of your order, please contact us on +61 8 9250 1588 or email swan@chocolatefactory.com.au