Online Purchase T&Cs - Mamor Chocolates

Online purchase terms and conditions
1. Definitions
  1. 1. Delivery address – is the address provided by you for the delivery of Goods ordered through our Website for us to supply under these terms and conditions.
    2. Delivery fee – has the meaning given in clause 3(b).
    3. Goods – refers to the products offered for sale through our Website from time to time.
    4. Order – means any order for Goods submitted using the Website.
    5. We, us or our – is UNCLE DOD PTY LTD trading as MAMOR CHOCOLATES (ABN: 49 608 352 996)
    6. Website – is defined in 2(a) and includes https://www.mamorchocolates.com.au/
    7. You – is you as a person making a purchase or interacting with our Website.
1. Our contract
  1. 1. The website https://www.mamorchocolates.com.au is operated by UNCLE DOD PTY LTD trading as MAMOR CHOCOLATES (ABN: 49 608 352 996)
    2. Your access to and use of the Website, including your Order of Goods through the Website is subject to these terms and conditions. If you are under 18 years of age then you must obtain your parent or guardian’s consent before accessing and using this Website.
    3. When you place an Order via our Website, you will receive an acknowledgement e-mail confirming receipt of your Order: this email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the Goods which you ordered have been dispatched to you. Only those Goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
2. Pricing and availability
  1. 1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Goods which you have advertised, we will correct the error straight away.
    2. Delivery fees will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
3. Payment
  1. 1. Upon receiving your Order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the Goods you wish to purchase. Once the Goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the confirmation email.
    2. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.
    3. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means.
4. Delivery of Goods
Non delivery of Goods must be reported to us as soon as possible.
1. 1. You warrant that:
    1. All information and data provided by you to us through the Website or otherwise is true, accurate, complete and up to date;
    2. Where you have requested the Goods be delivered, there will be a person to receive the Goods at the Delivery address;
    3. The person receiving the Goods at the Delivery address or collecting the Goods on your behalf are authorised to do so.
  2. Delivery
    1. All standard orders in Australia, unless requested otherwise by you prior to purchase, are delivered by us with insurance or sent by courier with insurance and tracking.
    2. While we do everything we can to ensure your Order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect Delivery address being provided to us.
    3. For non-delivery of Goods, please notify us by email as soon as possible.
    4. We may require the person accepting delivery of your Order to provide, at our request, photographic identification. Where your Order was paid for by credit card we may also request to see the credit card to conduct our verification checks.
    5. If there is no one or no appropriate person (for example, above 18 years old) at the Delivery address to receive the delivery or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the Delivery address, or if we cannot access your nominated spot or determine a suitable spot to deliver your Goods, then:
      1. We may not deliver the Goods you have ordered; and
      2. We may charge you a fee of up to $15 and the cost for any perishable Goods in your Order that we have accepted.
In this instance we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
1. 1. Delivery area
    1. We will only deliver Goods ordered through our Website to a location where we provide delivery services.
2. Refund policy
  1. 1. Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.
    2. Due to the unpackaged nature of our Goods, we are unable to accept returns.
    3. Our Goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      1. to a refund for the unused portion, or to compensation for its reduced value.
      2. You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or service.
3. Cancellation of Orders
  1. 1. We may cancel any Order or part of an Order (including any Orders that have been accepted) without any liability to you for that cancellation at any time if:
      1. the requested Goods in that Order are not available; or
      2. there is an error in the price or the product description posted on the Website in relation to the relevant Goods in that Order; or
      3. that Order has been placed in breach of these terms and conditions.
    2. If an Order is cancelled in accordance with:
      1. Sub-clause (a)(i) or (a)(ii) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any delivery fee or other fees and charges, will be refunded to your original payment method or through an alternative means.
      2. If your Order is cancelled under sub-clause (a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. Subject to sub-clause (c) if your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any delivery fee and other fees and charges, to your original payment method or through an alternative means.
      3. If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions and subject to sub-clause (c), then we may charge you a cancellation fee of the lesser of $50 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.
    3. Where a minimum lead time to place an Order is specified on our Website, we may be unable to cancel the full Order unless you provide the same amount of notice of cancellation of your Order. Where insufficient notice of cancellation is provided, we may charge you for any unrecoverable costs including but not limited to fees or payments already made and the cost of any perishable Goods.
    4. Subject to sub-clause (a) and (c), if you cancel an Order, depending on the payment method used, we will either not charge you for that Order, or if we have taken payment at checkout, refund the full payment amount paid, including any delivery fee and other fees and charges other than any fee payable to your original payment method or through an alternative means.
4. Limitation on claims
  1. 1. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
    2. We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.
    3. Our liability for failure to comply with a consumer guarantee is limited to:
      1. in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
      2. in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.
    4. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
    5. In all other respects, our total liability for loss or damage of every kind, whether:
      1. arising pursuant to the terms of service; or
      2. arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the Goods.
1. 1. 1. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these terms.
2. Warranty disclaimer
  1. 1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
    2. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
3. Intellectual property
The specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
1. Title and risk
Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch.
1. Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
1. Entire agreement
The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
1. Governing law
These terms of service are governed by the laws in force in Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.