These Terms and Conditions govern the use ofchocolatemill.com.au ("the website") and the purchase of any goods from it. The website is operated and managed by Down The Road Estate Pty Ltd trading as “Chocolate Mill” (ABN 42 807 869 438).
If you need further assistance please contact us (03)5476 4208 between 9:00am - 5:00pm AEST Tuesday to Friday (excluding public holidays), or email chocoholic@chocmill.com.au
Acknowledgment and acceptance of Terms and Conditions Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Chocolate Mill reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions. Limitation of Liability Any liability of Chocolate Mill or Chocolate Mill 's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Chocolate Mill be limited to: 1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and 2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. Disclaimer The information contained on the website is provided by Chocolate Mill in good faith. To the best of Chocolate Mill’s knowledge, the information is accurate and current. However, Chocolate Mill and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Chocolate Mill's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Chocolate Mill disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Chocolate Mill makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Chocolate Mill does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Chocolate Mill is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Chocolate Mill will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. Product Information Prices of goods and services and delivery and other charges displayed on the Chocolate Mill website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Some products on the Chocolate Mill website may not be immediately available for despatch, due to circumstances beyond our control. However, where possible, we will advise you of any delay. Membership A Chocolate Mill account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way. Chocolate Mill accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a Chocolate Mill account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password. Placing and Accepting Orders Orders will not be despatched until payment in full has been received and Chocolate Mill is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Chocolate Mill is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. Cancellation by Us We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Cancellation by You If you need to cancel an order, please contact us immediately on +61 03 5476 4208. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges. Delivery It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
