Terms & Conditions

Delivery

Kakawa chocolates are shipped by fastway couriers in a cooler box/ cooler bag with ice packs throughout the year to ensure that it arrives in optimal condition but we take no responsibility for melted products in remote destinations.

We will deliver the products ordered by you to the address given by you at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We can give a tracking number once items shipped but we will not check or verify addresses and messages supplied by you once package has left Kakawa. We shall have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of you providing incorrect delivery details.

It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot.

An appropriate person must sign for all goods on delivery. If no-one is at the address when the delivery is attempted, goods will be left with a neighbour, wherever possible, or items will be retained by the delivery company. In all cases, notification of delivery will be given. It is your responsibility to re-arrange delivery, where appropriate.

***Shipping cost and estimate***

Sydney CBD- $15   **7 hour delivery for orders before 10am.

 

 

Newcastle, Wollongong, Central Coast, Camden, Narellan, Mulgoa, Warragamba, Richmond, Palm Beach, Katoomba, Bathurst & Orange-$15 upto 25cm*30cm*40cm 4kg  **It usually takes 1-2 days if the orders made before 12pm  but it’s not 100% guaranteed

 

Metropolitan areas of Brisbane, Melbourne, Canberra, Gold coast, Albury, Sunshine Coast, Toowoomaba, Pt. Macquaire, Coffs Harbour -$18 upto 25cm*30cm*40cm 4kg  *It usually takes 2-3 days if the orders made before 12pmbut it’s not 100% guaranteed

 

Mackay, Capricorn coast, wide bay, sunshine coast, Toowoomba, Bendigo, Geelong, Adelaide-$22 upto 25cm*30cm*40cm 4kg  *It usually takes 2-3 days if the orders made before 12pm  but it’s not 100% guaranteed

 

Qld suburb, Vic suburb SA, WA, ACT, Hobart, Launcester -$25 upto 25cm*30cm*40cm 3kg (please check your postcode from page linked as some part of surburbs is not available for courier service) *Delivery time varies depending on the postcode. We ship our chocolate by standard postage Australian Post for these areas and it takes 3-5 working days, due to the distance we ship our chocolates to these areas only on Mondays to ensure your order is not left in a warm warehouse over the weekend.

Please Note : Adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. We believe that we have aligned ourselves with excellent delivery partners, (fast way and Australian post) but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your products.

Returns

kakawa cannot exchange or refund goods due to the perishable nature of chocolate, so please order carefully

We guarantee the quality of our products. You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any products if one of the criteria set out below applies to the product/s delivered to you:

1. The products are not what you ordered;

2. The delivery is of an incorrect quantity; or

3. If you do not receive the products ordered (other than as a result of you providing incorrect delivery address details as above).

We will arrange with you for the products to be returned to us. We reserve the right to make any refund due to you in whatever way we choose.

Please see our Terms and Conditions for further information.

Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which will apply to any purchase made on this website.

To register with and shop with www.kakawachocolates.com.au you must be eighteen years of age or over.

1. Purchase Contract

1.1 This website is operated by KAKAWA All purchases made on this website are governed by these Terms and Conditions.

1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not be re-sold or otherwise circulated without our prior written consent.

1.3 We will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.

2. Price and Delivery Charges

2.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the Checkout button). If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed.

2.2 Where items are ordered and sold individually by pieces and packs, we have an indicative weight and quantity guide on the website, the price you will be charged is the price for the actual pack you receive.

2.3 The prices stated on the website will be inclusive of any G.S.T payable.

2.4 The price of the goods does not include a charge for delivery. These charges are in addition and as follows.

3. Methods of Payment

3.1 Payment may be made by debit, credit or through your own PayPal Account. You cannot pay for an online order by cash or cheque. There is no minimum order requirement.

3.2 The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.

3.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.

3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payment from you.

4. Delivery

4.1 Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

4.2 Products are subject to availability. The website is updated on a daily basis but in the event of non-availability of any goods you order, we may offer a reasonable substitute.

4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly. We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you. We shall have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of your providing incorrect delivery address details. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no-one is at the address when the delivery is attempted, goods will be left with a neighbour, wherever possible, or will be retained by the delivery company. In all cases, notification of delivery will be given. It is your responsibility to re-arrange delivery, where appropriate. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.

4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and for the cost of delivery.

5. Ingredients in our Products

All our chocolates are 99% gluten free but they are made in an environment where nuts, flour, milk and eggs are used. All our chocolates may have trace of nuts.

6. Defective Goods

6.1 We guarantee the quality of our products. You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any products if one of the criteria set out below applies to the product/s delivered to you:

1. The products are not what you ordered;

2. The delivery is of an incorrect quantity; or

4. If you do not receive the products ordered (other than as a result of your providing incorrect delivery address details as per clause 4.4).

We will arrange with you for the products to be returned to us. We reserve the right to make any refund due to you in whatever way we choose.

7. Amendment of Orders and Cancellation Rights

7.1 kakawa cannot accept cancellation, exchange or refund goods due to the perishable nature of chocolate. Orders may be cancelled if the product has not been dispatched.

7.3 The Right of Withdrawal of eight days does not apply to contracts for the supply of perishable food goods including chocolate, cakes and biscuits.

8. Warranty and Liability

8.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.</p>

8.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

8.3 Other than as set out in clause 7.1 above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods and delivery contained in that order.

9. Customer Complaints

At Kakawa, we are committed to providing an excellent service. If however, we have sent you products that you are not entirely happy with, please contact us with your comments. We need to know where we can improve our service and products and will do all we can to put it right for you. Any comments and customer complaints should be addressed to us via the e-mail address and telephone numbers which are listed on our website on the Contact Us page.

10. Notices

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to us via the email address listed on the Contact Us page on our website. All notices from us to you will be displayed on our website from time to time.

11. Privacy Policy

You acknowledge and agree to be bound by the terms of our privacy policy.

12. General

12.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us.

12.3 The information contained on this website, and those websites to which there are links, is for general interest only. While care has been taken in its preparation, no responsibility is accepted for any misleading information or errors within this or other websites quoted.

12.4 All photographs published on this website are the copyright of their respective owners, whose permission should be sought in writing for their use by other parties.

12.5 The design of this website is copyright of kakawa. No unauthorised use of its contents is permitted without prior permission of the copyright holders.

12.6 These Terms and Conditions will be governed by Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in relation to any dispute which may arise between them.

12.7 These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

www.kakawachocolates.com.au is operated by kakawa

These Terms and Conditions were updated in May 2014.