Legal · Ministry of Chocolate Pty Ltd

TERMS & CONDITIONS

The Ministry of Chocolate Pty Ltd
ABN: 40 159 947 065

1. Introduction

These Terms & Conditions govern your use of the Ministry of Chocolate website and the purchase of products from The Ministry of Chocolate Pty Ltd ("Ministry of Chocolate", "we", "us" or "our").

By accessing or using our website or purchasing products from us, you agree to these Terms & Conditions.

If you do not agree with these Terms & Conditions, you should not use this website.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

2. Products

Ministry of Chocolate manufactures and sells chocolate, confectionery and related products.

We make reasonable efforts to ensure that product descriptions, images, ingredients, sizes, weights, pricing and other information displayed on our website are accurate.

As many of our products are handmade or produced in batches, minor variations in colour, appearance, decoration, size, weight or packaging may occur.

Product availability, descriptions, packaging and pricing may change without notice.

3. Orders

All orders are subject to acceptance and product availability.

When you place an order through our website, you are making an offer to purchase the selected products.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

A product is unavailable;
Pricing or product information contains an error;
Payment cannot be processed;
We reasonably suspect fraudulent activity; or
We are unable to fulfil the order.

If we cancel an order after payment has been received, we will arrange a refund of the relevant amount.

Customers are responsible for providing accurate contact, billing and delivery information when placing an order.

4. Pricing & Payment

All prices displayed on our website are in Australian Dollars (AUD) unless otherwise stated.

Applicable taxes will be included or displayed as required.

Delivery charges, where applicable, will be displayed during checkout before the order is submitted.

Payment must be made using one of the payment methods available through our website.

We reserve the right to change product prices at any time. Any price change will not affect an order that has already been accepted by us, except where required to correct an obvious pricing error and permitted by law.

5. Shipping & Delivery

We aim to prepare and dispatch orders within the timeframes communicated on our website or during checkout.

All delivery timeframes are estimates and may be affected by circumstances outside our reasonable control, including courier delays, weather conditions, public holidays and other delivery disruptions.

Customers are responsible for ensuring that the delivery address and contact details provided when placing an order are correct.

Please contact us as soon as possible if you become aware that incorrect delivery information has been supplied.

Due to the perishable and temperature-sensitive nature of chocolate products, customers should follow any delivery, storage and handling instructions provided with the product or on our website.

Nothing in this section limits any rights you may have under the Australian Consumer Law in relation to products that are lost, damaged or otherwise fail to meet applicable consumer guarantees.

6. Returns, Replacements & Refunds

Due to the perishable and consumable nature of our chocolate products, we do not offer returns, exchanges or refunds where you simply change your mind.

However, our products come with guarantees that cannot be excluded under the Australian Consumer Law.

If your order arrives damaged, melted, incorrect or you believe a product is faulty, please contact us as soon as possible and preferably within 24 hours of receiving your order.

You can contact us at:

Email: info@ministryofchocolate.com.au
Phone: 03 9213 7400

Please provide your order details and a description of the issue. We may also request photographs of the product and packaging to help us assess the matter.

Where possible, please retain the affected product and its original packaging until we have reviewed your claim.

Due to the perishable nature of our products, customers will generally not be required to physically return a damaged, faulty or incorrect product.

Where a remedy is required, we will provide an appropriate remedy in accordance with the Australian Consumer Law. Depending on the circumstances, this may include a replacement or refund.

Approved refunds will generally be processed by Ministry of Chocolate within 5 business days to the original payment method. Your bank or payment provider may require additional time to process the refund.

The requested 24-hour notification period does not limit any rights or remedies you may have under the Australian Consumer Law.

7. Ingredients & Allergens

Our products may contain or come into contact with common allergens, including ingredients such as:

Nuts;
Dairy;
Soy;
Gluten;
Eggs; and
Other allergens.

Customers with food allergies or intolerances should carefully review the ingredient and allergen information provided for individual products before purchasing or consuming them.

Although we take reasonable care when manufacturing and handling our products, products may be manufactured or handled in environments where allergens are present and cross-contact may occur.

If you have a severe food allergy or are uncertain whether a product is suitable for you, please contact us before purchasing or consuming the product.

Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited.

8. Limitation of Liability

To the maximum extent permitted by law, Ministry of Chocolate will not be liable for indirect or consequential loss arising from your use of our website or products where such liability may lawfully be excluded.

We are not responsible for loss or damage caused by:

Misuse of a product;
Failure to follow reasonable storage, handling or consumption instructions;
Circumstances outside our reasonable control; or
Information supplied incorrectly by the customer.

Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law where doing so would be unlawful.

9. Intellectual Property

Unless otherwise stated, all content appearing on the Ministry of Chocolate website, including our branding, logos, text, photographs, graphics, product imagery, designs, videos and other content, is owned by or licensed to The Ministry of Chocolate Pty Ltd.

You may access and use the website for personal and non-commercial purposes.

You must not reproduce, distribute, modify, republish or commercially exploit our website content without our prior written permission, except where permitted by law.

10. Website Use

You must not use our website:

For any unlawful purpose;
To interfere with or disrupt the operation or security of the website;
To introduce viruses, malicious software or harmful code;
To attempt to gain unauthorised access to the website or related systems;
To impersonate another person or provide deliberately false information; or
In a manner that infringes the rights of Ministry of Chocolate or any third party.

We may restrict or terminate access to our website where we reasonably believe these Terms & Conditions have been breached.

11. Third-Party Services

Our website may use or provide links to services operated by third parties, including payment providers, delivery providers, social media platforms and other service providers.

Those third parties may have their own terms and privacy policies.

We are not responsible for third-party websites or services except to the extent that responsibility cannot lawfully be excluded.

12. Privacy

Personal information collected through our website will be handled in accordance with our Privacy Policy and applicable privacy laws.

Our website is hosted using Shopify, and information may also be processed by Shopify and other service providers involved in operating our online store.

Please refer to our Privacy Policy for further information.

13. Changes to These Terms

We may update these Terms & Conditions from time to time, including to reflect changes to our business, website, products or applicable laws.

The latest version will be published on our website.

Changes will apply from the date they are published unless otherwise stated and will not retrospectively alter rights relating to orders already accepted, except where required by law.

14. Governing Law

These Terms & Conditions are governed by the laws of Victoria, Australia.

You and Ministry of Chocolate submit to the jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

Nothing in this section limits any rights you may have under applicable Australian law.

15. Contact Us

If you have any questions regarding these Terms & Conditions, please contact:

The Ministry of Chocolate Pty Ltd
ABN: 40 159 947 065

Address:
5/35 Lacey Street
Croydon VIC 3136
Australia