Terms and Conditions
This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products listed on our website www.ninaschocolates.com.au (hereinafter referred to as “the site” to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by accessing the site and ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.
References to “we”, “us” or “our” are references to Nina's Chocolates Pty Ltd, T/A Nina's Chocolates, ABN 24 169 387 106, NSW, Australia, its subsidiaries, associates and officers, unless otherwise stated.
To place an order with Nina's Chocolates you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
The materials contained in this web site are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) from the Nina's Chocolates web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the www.ninaschocolates.com.au web site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nina's Chocolates at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the www.ninaschocolates.com.au site are provided “as is”. Nina's Chocolates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Nina's Chocolates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Nina's Chocolates or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Nina's Chocolates website, even if Nina's Chocolates or a Nina's Chocolates authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Errata and Revisions
The information and materials appearing on the Nina's Chocolates website could include technical, typographical, or photographic errors. We try our best to keep information and materials accurate; however Nina's Chocolates does not warrant that any of the information and materials on its web site are accurate, complete, or current. Nina's Chocolates may make changes to the information and materials contained on its web site at any time without notice.
Nina's Chocolates has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nina's Chocolates of the site. Use of any such linked web site is at the user’s own risk.
Site Terms and Conditions Modifications
Nina's Chocolates may revise these “Terms and Conditions” for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to our Nina's Chocolates web site shall be governed by the laws of the State of NSW, Australia without regard to its conflict of law provisions.
www.ninaschocolates.com.au uses PayPal as it's secure payment system and all details are handled on the PayPal system, Nina's nor stores or recieves ANY credit card or bank account information.
Order Contract between You and Us
- When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
- Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. This is the total that you will pay for receipt of the ordered Product.
- You shall pay for the Product in full at the time of ordering using our payment gateway, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian based financial institution.
- If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
- When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
- Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
- We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
- A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately by calling 02 9526 6770 or emailing firstname.lastname@example.org. We can only ammend the order if it has not been dispatched.
- We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products, which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
- You must only submit to us or our agent or the Site information, which is accurate, and not misleading and you must keep it up to date and inform us of changes.