Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Chocogram. The terms “we”, “us” and “our” refer to Chocogram.
Chocogram operates this store and website, including all related information, content, features, tools, products and services provided to you as a customer (the “Services”). Chocogram is powered by Shopify, which enables us to provide these Services.
These Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy and any other policies referred to on our website, describe your rights and responsibilities when using our Services.
By visiting, interacting with or using our website or purchasing from Chocogram, you agree to these Terms of Service. If you do not agree with these Terms, you should not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the age of majority in your state or territory of residence, or that you have permission from a parent or guardian where required.
You may be asked to provide information including your name, email address, billing details, payment details and shipping information.
You agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately display and describe our products.
Colours, appearance and presentation may vary slightly depending on your screen, device settings, photography and the handmade nature of some products.
Many Chocogram products are personalised, custom-made, printed with photographs or messages, handmade, or made from chocolate and other food ingredients. Minor variations may occur between products.
Product descriptions, availability and specifications may change without notice.
We may discontinue products or limit quantities where reasonably necessary.
Nothing in this section excludes or limits any rights you may have under Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase from Chocogram.
We reserve the right to accept or decline an order where reasonably necessary, including where a product is unavailable, there is a pricing error, payment cannot be processed, or an order cannot reasonably be fulfilled.
Please review your order carefully before submitting it.
Many Chocogram products are personalised, custom-made, printed with photographs or messages, or are food products. Once a personalised or custom order has entered production, we may not be able to cancel or change it.
If there is a problem with your order, we will attempt to contact you using the email address, mobile number or other contact information provided at checkout.
Returns, replacements and refunds are handled in accordance with our Return and Refund Policy and your rights under Australian Consumer Law.
SECTION 4 – PRICES AND BILLING
All prices displayed on our Australian online store are in Australian dollars (AUD) and include GST where applicable, unless otherwise stated.
Prices, discounts and promotions may change without notice.
The price charged will be the price displayed at the time you place your order, together with any applicable delivery charges.
You agree to provide current, complete and accurate billing, payment and contact information.
If an obvious pricing or product information error occurs, we reserve the right to correct the error and, where necessary, contact you before processing or fulfilling the order.
SECTION 5 – SHIPPING AND DELIVERY
Delivery dates and transit times shown on our website are estimates only and are not guaranteed.
We will make reasonable efforts to dispatch and deliver orders within the estimated timeframe.
We are not responsible for delays caused by circumstances outside our reasonable control, including postal or courier delays, severe weather, public holidays, natural disasters, transport disruptions or other unexpected events.
If your order arrives damaged, faulty or incorrect, please contact us as soon as possible and provide your order number and photographs of the product and packaging where appropriate.
Nothing in this section excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, logos, text, images, graphics, product designs, photographs, videos, audio, layouts and website content, are owned by Chocogram, its affiliates or licensors and are protected by Australian and applicable international copyright, trademark and intellectual property laws.
You may use our website and content for personal, non-commercial purposes only.
You must not reproduce, distribute, modify, republish, copy, commercially exploit or create derivative works from our content without prior written permission from Chocogram.
The Chocogram name, logo, product names, designs and branding may not be used without our prior written permission.
Shopify trademarks and other third-party trademarks remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools, services or applications.
We do not necessarily control or monitor these third-party services.
Your use of third-party tools may be subject to separate terms and conditions imposed by those providers.
We are not responsible for third-party tools except to the extent required by applicable law.
SECTION 8 – THIRD-PARTY LINKS
Our website may include links to websites or services operated by third parties.
We are not responsible for the content, accuracy, privacy practices, products or services of third-party websites.
If you leave our website to access another website, you do so subject to that third party’s own terms and policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Chocogram is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are transactions directly between you and Chocogram.
Shopify is not the seller of Chocogram products and is not responsible for fulfilling your order.
Nothing in this section excludes rights that cannot lawfully be excluded.
SECTION 10 – PRIVACY POLICY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and other service providers necessary to operate our website, process payments, fulfil orders, provide delivery services and support our business.
Please review our Privacy Policy for more information.
SECTION 11 – FEEDBACK AND REVIEWS
If you submit reviews, photographs, feedback, suggestions or other content to Chocogram, you confirm that you have the right to provide that content.
You must not submit unlawful, misleading, defamatory, abusive, obscene, infringing or malicious content.
Where permitted by law, you grant Chocogram permission to use reviews and feedback for operating, improving and promoting our business.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, delivery charges or delivery estimates.
We may correct errors and update information where necessary.
If an error materially affects an order you have already placed, we will contact you where appropriate.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our Services to:
- violate any applicable law;
- infringe intellectual property rights;
- transmit false or misleading information;
- harass, threaten or abuse another person;
- upload viruses, malware or harmful code;
- attempt to gain unauthorised access to our systems;
- collect personal information unlawfully;
- send spam, phishing messages or malicious communications;
- interfere with the security or operation of our website; or
- use our Services in any way that causes harm to Chocogram, Shopify, our customers or other users.
We may restrict or terminate access where we reasonably believe these Terms have been breached.
SECTION 14 – AUTOMATED AGENTS
Automated software, bots or agents must not access, interfere with or interact with our Services in a way that bypasses security protections, CAPTCHA systems, access restrictions or other technical controls.
We may restrict automated access where necessary to protect our website, customers, systems or business.
SECTION 15 – TERMINATION
We may suspend or terminate access to our Services where permitted by law, including where these Terms have been materially breached.
Any amounts properly owing at the time of termination remain payable.
Sections that by their nature are intended to continue after termination will remain in effect.
SECTION 16 – DISCLAIMER OF WARRANTIES
To the extent permitted by law, our Services are provided on an “as available” basis.
We do not guarantee that our website will always operate without interruption, delay or technical error.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded under Australian Consumer Law.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Chocogram will not be liable for indirect, incidental, special or consequential loss arising from use of our Services where such liability may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Chocogram against losses, liabilities or claims arising from your unlawful use of our Services, your breach of these Terms, or your infringement of the rights of another person.
Nothing in this section excludes or limits rights or protections that cannot lawfully be excluded under Australian law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary.
The remaining provisions will continue in effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.
These Terms, together with our policies and other terms displayed on our website, constitute the agreement governing your use of our Services.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations where permitted by law.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements between you and Chocogram are governed by the laws of New South Wales, Australia.
You and Chocogram submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
SECTION 23 – HEADINGS
Headings in these Terms are provided for convenience only and do not affect interpretation of the Terms.
SECTION 24 – CHANGES TO THESE TERMS
You can review the current version of these Terms of Service on our website.
We may update these Terms from time to time.
Where required by law, we will provide notice of material changes.
Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms, subject to applicable law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Chocogram
590 Botany Road
Alexandria NSW 2015
Australia
Email: sales@chocogram.com.au
Phone: 02 8060 2994