Ordering goods on this website
When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these terms and conditions. No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order by sending you acceptance in writing (Confirmation).
Payments
All prices quoted are in Australian Dollars. Payment must be made by credit card using the online transactions facilities provided on our website.
If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
We may vary any prices on our website at any time without notice to you.
Availability, Cancellation and Rejection of Orders
All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good or at our discretion. If for any reason a good is not available, we will endeavour to notify the non-availability on this website.
Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
You may cancel your order any time prior to Confirmation of shipping and tracking details. Once we have sent our Confirmation you may not cancel that order. Please choose carefully.
Delivery and delivery fees
Refer to our Shipping FAQs section for important details on delivery fees and times.
Goods ordered via our website are eligible for delivery within Australia only. Australia wide delivery cost is a flat rate fee, as quoted at checkout.
Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
All deliveries require signature on delivery to ensure the quality of the product. Once you receive the tracking information please check on it so you are aware on when your order is going to arrive. You may be charged a re-delivery fee if you are not there when the delivery arrives and other attempts are required. Each attempt is charged.
Any authority to leave deliveries will be at your risk and we accept no responsibility or liability for any damage or loss caused to the goods.
Customs, duties and taxes
The Order Total displayed at checkout is inclusive of all applicable taxes for Australian domestic orders.
Exclusions
To the greatest extent permitted by law, we exclude liability for all loss (including but not limited to claims, damages, injury) you, your agents and servants, or any third party may incur arising out of or in connection with the sale of goods and services to you. Where liability cannot be excluded by law, our liability is limited to (at our option):
· replacement of the goods; or
· the cost of replacement of the goods.
Website use
You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error-free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.
To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.
To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
This website contains intellectual property that is owned or licensed to us. You must not use, publish, license, modify, incorporate into another website or reproduce in any way the information or material contained on this website.
Giveaway Terms & Conditions
The competition opens on the date and time specified in the promotional social media post and closes at the time and date stated in that post ("Competition Period"). Entries received outside of the Competition Period will not be accepted.
Entry is open to Australian residents only.
Entrants must be aged 18 years or over. If an entrant is under the age of 18, they must have the consent of a parent or legal guardian.
Employees, contractors and immediate family members of Byron Bay Chocolate Co. As well as anyone directly involved in the administration of the competition, are not eligible to enter.
To enter, participants must complete the entry requirements outlined in the promotional post.
Each unique comment tagging a different person counts as one entry. Spam entries, duplicate tags or entries generated by automated means may be deemed invalid.
No purchase is necessary to enter or win.
The prize will be as described in the promotional post.
The prize is not transferable, exchangeable or redeemable for cash or credit.
If a prize or any part of the prize becomes unavailable for reasons beyond the Promoter's control, the Promoter reserves the right to substitute the prize with another of equal or greater value.
The winner will be selected at random from all eligible entries received during the Competition Period.
The draw will take place within seven (7) days of the competition closing unless otherwise stated.
The winner will be contacted via Instagram direct message or the contact details provided during entry and may also be announced on Byron Bay Chocolate Co.'s social media channels.
If the winner cannot be contacted, does not respond within seventy-two (72) hours, or is unable to accept the prize, the Promoter reserves the right to conduct a redraw and award the prize to another eligible entrant.
Where applicable, prizes will be shipped to an Australian address supplied by the winner.
The winner is responsible for providing accurate delivery details.
The Promoter accepts no responsibility for prizes that are lost, delayed or damaged once dispatched by the shipping provider.
The Promoter reserves the right to verify the validity of entries and entrants and may disqualify any entrant who:
The Promoter's decision is final, and no correspondence will be entered into.
Any personal information collected as part of this competition will be used solely for the purpose of administering the promotion, contacting the winner and delivering the prize, unless the entrant has separately agreed to receive marketing communications.
Personal information will be handled in accordance with Byron Bay Chocolate Co.'s Privacy Policy and applicable Australian privacy laws.
To the fullest extent permitted by law, the Promoter will not be liable for any loss, damage or injury suffered or sustained in connection with the competition or the acceptance or use of the prize, except where liability cannot be excluded by law.
The Promoter is not responsible for technical malfunctions, lost entries, internet interruptions or any other circumstances beyond its reasonable control that may affect the operation of the competition.
By entering, participants acknowledge that they are providing their information to Byron Bay Chocolate Co., not to Instagram, Facebook or Meta, and release these platforms from any liability in relation to the promotion.
The Promoter reserves the right to amend, suspend or cancel the competition at any time where reasonably necessary due to circumstances beyond its control or to ensure the fair administration of the promotion.
These Terms & Conditions are governed by the laws of New South Wales, Australia.