PLEASE READ THESE TERMS AND CONDITIONS OF USE & PRIVACY STATEMENTS CAREFULLY BEFORE USING THIS WEBSITE
**Acceptance of Terms and Conditions**
You agree to our terms and conditions governing your order when you order goods or services on any Premium Chocolate Company Limited website. We value your business and want to ensure you are fully informed to avoid disappointment. Our goal is to provide outstanding service. While our third-party services are 96% accurate and aim to meet your satisfaction, there may be occasional issues beyond our control. We want to be transparent and ensure you understand our Terms and Conditions. If you disagree with these terms and conditions, please do not place an order.
TIPS & IMPORTANT INFORMATION
- We advise using more reliable courier services such as StarTrack or FedEx.
- It’s advisable to Choose a non-ATL (Authority to Leave) service or Flat Rate Melbourne metro service. If you have chosen ATL services ‘Authority to Leave’ for your order without a signature, and if the order is lost, stolen, melted, or damaged, we cannot offer you a refund or replacement. *MAXIMUM LIABILITY TO YOU for non-ATL services IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT WARRANTY SELECTED, which is $100*
- Delivery cannot be made to PO Boxes, AFPO, PMO or Locked Bags)
- Whilst we do our best to minimise heat damage during transit, our returns policy and terms of service do not cover chocolate that has melted or bloomed during transit.
- We are not responsible for shipping delays while your product is in transit due to circumstances outside our control, and we cannot offer a refund for those reasons.
- Deliveries will be made to the address on the Consignment; however, this does not apply to large complexes such as shopping centres, hospitals, hotels, universities, etc. Deliveries to such locations will be left at reception, despatch, mailrooms, etc. The drivers will not deliver to individual departments or block numbers.
- To ensure prompt and successful delivery, you should provide a delivery address where someone will be present during business hours to receive your package. WE ADVISED NOT TO LEAVE THE PRODUCT OUTSIDE FOR TOO LONG, exposed to the sun, even in colder months. The buyer is responsible for ensuring you are available to receive the delivery.
- We do not accept refunds due to the perishable and fragile nature of a change of mind: you decide you have no use for, do not want, or find the product cheaper elsewhere. You cannot refuse to accept Goods merely because no given date or dates have been delivered.
- Please check the list of ingredients for each product you wish to buy on the nutritional information directly from the manufacturer. If you have any food allergies or intolerances to nuts or milk, let us know before purchasing.
- We can’t provide a delivery/instructions comment for our third-party Delivery provider (e.g., “Leave the package under the table”) unless it’s a flat rate delivery option.
SALE OF PRODUCTS
- After you have placed products into the “shopping cart”, you can check and, if necessary, correct your entire order. You will make an offer of purchase only by clicking the “checkout” button.
- Upon receipt of the purchase offer, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (acknowledgement of receipt). The acknowledgement of receipt does not mean acceptance of your offer of purchase.
- Suppose we are unable to supply you with a product, for example, because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our online shop or due to an order quantity exceeding the stated maximum amount per customer. In that case, we will inform you of this by e-mail and not process your order. If you have already paid for the products, we will refund you the full amount, including any delivery costs charged, as soon as possible.
- CLICK&COLLECT (Local Pickup from Braeside store)
We offer free in-store pick-up for website orders as an alternative to paying for delivery. This is available from our Braeside store. Upon placing your order for pick up, we will not contact you as the order will be ready within 24 – 48 hours for collection * Business Days*. If you need the order urgently, please give us a call on 03 95805244 to request this if possible. Our hours of operation for collections are 8.00 am – 4.30 pm, Monday to Friday. We are closed on Saturdays, Sundays and public holidays. Take this into consideration when ordering.
PRICES AND PAYMENT
- The prices quoted on the product pages include GST and delivery charges within Australia.
- You can pay by credit card (Paypal, MasterCard, Visa, AMEX ), and the purchase price will be charged to your credit card account upon completing your order.
- When paying by credit, the purchase price will be charged to your credit card account upon completing your order.
- We don’t determine Delivery charges, as they are automatically calculated through our third-party Interparcel and our website integration.
- Our prices can change anytime without notice.
DELIVERY
- Unless otherwise agreed, the Products shall be delivered to your specified address. Delivery is possible only within Australia and only to street addresses (delivery cannot be made to PO Boxes, AFPO, PMO or Locked Bags)
- When each product is delivered to you, it is at your risk and responsibility, and you are responsible for its safekeeping. Products ordered are delivered subject to availability. You shall be informed of the estimated delivery date when products are unavailable when an order is placed.
- All risk of loss or damage to the goods pass to the customer once goods are dispatched.
- If an order is lost in transit, we will do everything possible to trace the parcel.
- We cannot accept liability for any loss or damage due to late delivery.
- Interparcel couriers will do their best to handle your order carefully. However, given the perishable and fragile nature of your order and that it doesn’t have a fragile parcel and refrigerated services, they cannot take responsibility for products that may be affected by temperatures or deliveries that haven’t met its delivery service standards.
- We will use reasonable endeavours to deliver the products on any specified date we agree, or if no date is selected, we will use reasonable endeavours to deliver the products within 2-5 working days (excluding Saturdays, Sundays and public holidays) of the order acknowledgement. Sydney, Melbourne, Brisbane, Adelaide: Allow 2-5 working days. Other Australian Destinations: Allow 5-14 working days. Delivery dates and times are not guaranteed. No service apart from the same-day service includes a guarantee. Transit times quoted are issued as a guide only.
- Deliveries are made on Working days only. (Local public holidays are excluded.) FLAT RATE DELIVERY— (Metro Melbourne delivery only)—It is recommended to use this service during warmer weather and larger orders, as our trucks are refrigerated.
- Consignments collected and/or delivered in specific regional or remote areas across Australia may be subject to a 24–48-hour delay with all Carriers (domestic and international). Please confirm the address details before sending.
- Shipments to and from remote areas nationally on all services may be subject to delay and possible service downgrade. Please check the address with us before sending for advised transit times.
- We are not responsible for shipping delays while your product is in transit due to circumstances outside our control, and we cannot offer a refund for those reasons.
- Should there be any risk that high outside temperatures might affect the quality of our products during shipping (possibly at 23 degrees Celsius or higher), we shall inform you of possible delays in, or temporary suspension of, delivery when you place your order.
- Please note that, during the warmer months, orders received late in the week will not be booked until the following Monday to avoid chocolate melting over the weekend.
- When placing your order, you agree that we will send the products only once the temperature has dropped sufficiently. In that case, the delivery times specified in this clause shall not apply.
- Whilst we do our best to minimise heat damage during transit, our returns policy and terms of service do not cover chocolate that has melted or bloomed during transit.
- In the case of circumstances beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports) we may not be able to deliver the products as specified in this clause and we will not be liable for any delay or failure to provide the products if such circumstances wholly or partly cause the delay or failure.
- To ensure prompt and successful delivery, you should provide a delivery address where someone will be present during business hours to receive your package.
- You are responsible for ensuring you are available to receive the delivery.
- Acknowledge that leaving the Products at the delivery address you advised will constitute delivery of the Products.
- We do not accept refunds for change of mind: you decide you have no use for, do not want, or find the product cheaper elsewhere.
- You cannot refuse to accept Goods merely because no given date or dates have been delivered.
- If products are damaged or heat-affected in transit, please notify us immediately.
- Any failure to notify the delivery agent or contact us has no consequences for your legal rights. However, you agree to provide reasonable assistance to help us assert our claims against the carrier or the transport insurance.
- FLAT RATE Delivery (Victoria METRO ONLY) Our flat rate charges and delivery apply to domestic Victoria Metro orders only. Our vans are refrigerated, so using this service during warmer weather and for larger orders is recommended. Delivery might take between 1 and 5 Business days.
LOSS / DAMAGE CLAIMS
- All risk of loss or damage to the goods pass to the customer once goods are dispatched.
- If an order is lost in transit, we will do everything possible to trace the parcel.
- We cannot accept liability for any loss or damage due to late delivery.
- Interparcel and its couriers will do their best to handle your order carefully. However, given the perishable and fragile nature of your order and that it doesn’t have a fragile parcel and refrigerated services, they cannot take responsibility for products that may be affected by temperatures or deliveries that haven’t met its delivery service standards.
- If products damaged in transit are delivered, please notify the delivery agent immediately of such defects and contact us immediately.
- Any claim must be brought to us within 24-48 hours of receipt in case of damage and 14 days in the event of loss.
- The Carriers only maintain their records for a limited time; therefore, claims may only be considered within seven days of the date reported. Any details provided or lodged after 24-48 hours will not be accepted, voiding your claim. We will contact the relevant Carrier on your behalf to enable them to investigate. After 14 days, the carrier can be approached for investigation, but we can only proceed if its systems allow it.
- If the outside packaging is intact, any claim for damage to the consignment will be invalidated, as the internal packaging would not have been sufficient to protect the product.
- If THE GOODS ARRIVED DAMAGED, please be aware that you should sign for goods as “damaged” if this is the case (and if you are not the Recipient of the goods, you should ask the Recipient to do the same). If goods are signed for as being in good condition, it will be difficult for you to show that the goods were damaged in transit. If you cannot check when the driver is there, please arrange for goods to be signed for as “unchecked”.
- If a claim is made that a Consignment has been damaged, all packaging should be kept for inspection by the Carrier. The item must also be available for inspection in the state it was delivered to and at the address it was delivered to. Further journeys could cause additional damage, making it difficult to assess the original damage. We will request photographs of the internal and external packaging and the damaged item to process the claim.
- A claim for a lost item can only be processed once the Carrier has concluded its search for the item.
- Any amounts payable concerning a lost or damaged item will only be paid to the party placing the order as further described. Please ensure the exact name or company name is entered when booking, as a Surcharge will be charged to re-issue a settlement cheque.
- By accepting payment of a claim, you agree to forfeit your right to make any further claims related to the same order. This includes, but is not limited to, requests for additional compensation, replacements, or any other grievances associated with the transaction.
- Reviewing and confirming the entire order before accepting any claim is essential, as your acceptance is final and binding. If you have any questions or concerns regarding your order, please address them before receiving the claim.
- MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT WARRANTY SELECTED, which is $100 WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED TRANSIT WARRANTY) PLUS THE POSTAGE FEES PAID WITH THE ORDER.
- For example, if a standard order has been placed and no Enhanced Transit Warranty has been selected, that order will include $100 of Transit Warranty. If the postage cost is $30, then the maximum liability to you for that Consignment will be limited to $130 (the $100 of Transit Warranty plus the $30 cost of postage).
- The cover for your consignment depends on the service and additional transit warranty you choose. Most non-ATL Services include a basic level of cover of $100.00. This warranty is only for services requiring a signature at delivery and with an inclusive transit cover of $100. However, services marked ATL (Authority to Leave) do not come with the $100 inclusive cover.
- If your goods are of higher value, you can purchase an additional transit warranty by contacting our customer service at info@premiumchocolateco.com.au
- This disclaimer is subject to applicable laws and regulations
TRACKING YOUR ORDER
- Please be advised that we do not track parcels. As such, the customer is responsible for tracking their parcels and notifying us of any problems. Customers will receive tracking via email. It is available up to 12 weeks after sending. After that stage, the tracking number may be reallocated to a new shipment.
- Your item can be tracked online. If the Carrier automatically returns your parcel, you can contact our office to rectify any issues before the return. Once returned, any due return charges must be paid by the person who placed the order. The order will not be refunded, and the item will not be re-shipped free of charge. The return completes the agreed contract. Tracking is essential to aid delivery and prevent any return and associated costs.
- 1-3 delivery attempts will be made for each Consignment depending on the service selected. If unsuccessful, the Consignment may be returned to the sender without further notice. (Return charges apply)
- Please note that we cannot guarantee the stopping/returning any item once it is in transit, although we will try to do so if requested. Charges may apply. Deliveries will be made to the address on the Consignment; however, this does not apply to large complexes such as hospitals, hotels, universities etc. Deliveries to such locations will be left at reception, despatch, mailrooms, etc. The drivers will not deliver to individual departments or block numbers.
- In certain circumstances, Premium Chocolate Company may require that you supply it with a photograph, via email, of any damaged Product or return the Product to us for inspection Before assessing your request for a return or refund.
- If you are unhappy with your order once it has been received, please notify Premium Chocolate Company within 24-48 hours so we can investigate.
We will endeavour to get back to you within 24-48 hours.
- Damaged goods: Please advise immediately upon receipt within 24 hours via email or phone.
- Email: info@premiumchocolateco.com.au Phone: (03) 9580 5244
- Premium Chocolate Company handles returns and processes refunds under Australian Consumer Protection legislation. Due to their perishable nature, we cannot exchange goods or refund purchases unless an incorrect order has been dispatched.
REFUNDS
- If you wish to request a refund, you must notify us within 24 hours of delivery with a valid reason. We do not accept refunds due to Chocolate’s perishable and fragile nature, especially for melted chocolate. Damaged or lost goods claims can only be made for chosen non-ATL delivery options.
LIMITATION OF LIABILITY
- Whilst we take care to ensure the accuracy of all content within our Site, to the extent permitted by law, Premium Chocolate Company assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete or that the Site pages will be free from errors or that the Site availability will be uninterrupted. This includes all product-related information, including, but not limited to, product descriptions, product images, product colours, product sizes, and product pricing. All such details are correct (and as accurate as possible in the case of product descriptions, images, colours and sizes) at the time of the current display but are subject to change at any time without communication with you.
- We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
- If you are a consumer within the meaning of the Australian Consumer Law (ACL), you may have rights that cannot be excluded. To the extent permitted by law, our liability for breaching any such rights, including any violation of a consumer guarantee under the ACL, is limited by clause 4.
- Our liability to you under or in connection with this Site or any products is limited, at our option to:
- The replacement of the products or the supply of equivalent products or
- the payment of the cost of replacing the products or acquiring equivalent products.
- Subject to clause 3, we will under no circumstances whatever be liable to:
- any loss of profits, sales, business, income or revenue;
- loss of savings;
- business interruption;
- loss of use or production;
- loss caused by delay or other late performance;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill or
- any indirect or consequential loss.
- The limitations and exclusions in clauses 7.4 and 7.5 apply to all liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- Premium Chocolate Company reasonably attempts to exclude viruses or other destructive computer codes from the Site. However, it does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) concerning viruses or such computer code and taking all appropriate safeguards before using or downloading from the Site.
GENERAL
- Should any of the provisions of these Terms be or become invalid or unenforceable in whole or part, this shall not affect the validity of the remaining provisions.
- Premium Chocolate Company’s failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless Lindt acknowledges and agrees to it in writing.
- You may not assign or transfer your rights or obligations unless we agree in writing.
- Please ensure that you check the list of ingredients for each product you wish to buy on the nutritional information page of the Site if you have any food allergies or intolerances to, for example, nuts or milk, before making your purchase.
COMPETITIONS/ PROMOTIONS
Premium Chocolate Company may run promotions and specials on this Site at different times. These promotions or special prices can be withdrawn or changed at any time.
GOVERNING LAW
These Terms are governed by the laws of Victoria, and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
PLEASE READ THESE TERMS AND CONDITIONS OF USE & PRIVACY STATEMENTS CAREFULLY BEFORE USING THIS WEBSITE
Acceptance of Terms and Conditions By placing an order for goods or services featured on any website owned by Premium Chocolate Company Limited, you are deemed to have accepted all our terms and conditions governing your order. You must not order from us if you do not agree to all the terms and conditions specified.
INTELLECTUAL PROPERTY
- The Premium Chocolate Company name, logo, corporate symbols, and trade marks are the sole property of Premium Chocolate Company, and no permission is given for their use. International copyright laws and other intellectual property rights protect the Site and its contents.
- Unless otherwise indicated as between Premium Chocolate Company and the Site user, Premium Chocolate Company is the copyright owner and all other intellectual property rights in the Site and its contents.
- Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without Premium Chocolate Company’s prior written permission.
- You may retrieve and display the Site’s content on a computer screen or print one copy (including nutritional information, recipes and the Privacy Policy) for your personal use, provided you keep all and any copyright and proprietary notices intact. Use of the content otherwise than under these Terms may expose you to claims for infringement of our intellectual property rights of the Lindt Group and/or of third parties.
LINKING
- You may link to our Site provided you do so in a way that is fair and legal and does not damage Premium Chocolate Company’s reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Premium Chocolate Company.
- Premium Chocolate Company reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).
- Premium Chocolate Company is not responsible for the contents of any website operated by a third party that may be accessed via this Site, and Premium Chocolate Company does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) concerning any content on any other website. All links on this Site are provided for your convenience only and do not imply that Premium Chocolate Company approves or recommends the content of such websites.