Terms & Conditions

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 detailed on our shipping page.

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 Timeframes: Orders are generally delivered within 2-10 business days from the date of purchase. Remote areas (including WA, SA, NT, and Tasmania) may experience longer delivery times. Please note that delivery timeframes are provided as estimates only and are not guaranteed. We shall have no liability whatsoever for delays during transit.

4.2 Packaging & Product Condition: Products are shipped in a cooler bag with ice packs year-round. We shall have no liability for melted products if an optional foam box is not added to the order. It is highly recommended that a Foam Box be selected at checkout during the hot season and for deliveries to regional and remote areas (including WA, SA, NT, and Tasmania) to protect items in transit.

4.3 Delivery Address & Your Responsibility: A physical shipping address is necessary for delivery (no P.O. boxes or Parcel Lockers). Delivery will be made to the address you provide. It is your sole responsibility to provide us with accurate delivery address details. We will not check or verify addresses supplied by you and shall have no liability if you do not receive your order due to you providing incorrect delivery address details.

4.4 Delivery Acceptance: It is your responsibility to ensure that an appropriate person is available to receive the parcel at the delivery address. If no one is at the address when the delivery is attempted, goods will be left in a safe place, wherever possible, or will be retained by the delivery company. In all cases, notification of delivery will be given, and re-arranging delivery is your responsibility.

4.5 Right to Restrict Delivery: We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

4.6 Liability for Delays: Adverse weather conditions or other events outside of our reasonable control may result in a late or cancelled delivery. In such cases, our liability will be limited to the price of the goods not delivered and the cost of delivery.

5. Ingredients in our Products

Most of your chocolates do not contain added wheat, except for certain seasonal products where it is explicitly stated. We use gluten-free ingredients, such as gluten-free rice crisps. However, please be aware that the ingredients and couverture we use are processed in facilities that also handle nuts, flour, milk, sesame, and eggs. Therefore, all of our chocolates may contain traces of these allergens.

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

3. If you do not receive the products ordered (other than as a result of your providing incorrect delivery address details as per clause 4.3).

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. Order Cancellation Policy

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.

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.

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 & Email Marketing

You acknowledge and agree to be bound by the terms of our Privacy Policy. By providing your email address and opting into our marketing communications, you consent to receive electronic promotional materials and newsletters from us. You may opt out of receiving these communications at any time by following the unsubscribe link provided in every email or by contacting us directly.

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 July 2025.