Terms of service
Terms of Service
Overview
This website is operated by Gari Yala Pty Ltd (ABN 88 654 470 452) trading as Chocolate On Purpose® (we, us, our).
These Terms of Service (Terms) apply when you visit our website, browse, or purchase products or services from our online store (the Service).
By using the Service, you agree to these Terms and any policies referenced in them. If you do not agree, please do not use the Service.
Our store is hosted on Shopify Inc, who provides the e-commerce platform that enables us to sell our products and services to you.
1. Using our Service
- You must be at least 18 years old (or the age of majority where you live) to place an order.
- You must not use our products or the Service for any unlawful purpose.
- You must not introduce viruses, malware, or attempt to interfere with the security or operation of the Service.
2. Our policies (part of these Terms)
These Terms should be read together with our policies, which form part of the Service:
- Shipping Policy: https://www.chocolateonpurpose.com.au/policies/shipping-policy
- Return and Refund Policy: https://www.chocolateonpurpose.com.au/policies/refund-policy
- Privacy Policy: https://www.chocolateonpurpose.com.au/policies/privacy-policy
3. Products, availability, and descriptions
- Some products are available exclusively online and may be available in limited quantities.
- We make reasonable efforts to display product information accurately. Colours and images may appear differently depending on your device.
- We may update product descriptions, pricing, and availability at any time.
- If a product becomes unavailable after you place an order, we will contact you to discuss options.
- From time to time, some products available in our store are fulfilled by external providers, and this will be clearly indicated on the product page. These providers handle production, packaging, and shipping, however Chocolate On Purpose® remains your primary point of contact for all orders, including any questions, issues, or returns. By purchasing these products, you agree to our Terms of Service and policies, which apply to all products regardless of fulfilment source.
4. Orders and payment
- When you place an order, you agree that the information you provide is current, complete, and accurate.
- We may refuse, cancel, or limit orders at our discretion, including where we suspect fraud, unauthorised activity, or reseller activity.
- If we cancel or change an order, we will attempt to contact you using the email address or phone number provided at checkout.
5. Shipping and delivery
Shipping timeframes, dispatch days, packaging and handling, and delivery processes are set out in our Shipping Policy. Please review it before ordering.
Important: Once your parcel is dispatched, delivery investigations and claims must be lodged directly with Australia Post. Australia Post require the receiver to lodge the case and will not accept a case lodged by us on your behalf.
6. Returns, refunds, and consumer guarantees
Returns and refunds are handled in line with our Return and Refund Policy and applicable Australian consumer laws, including any consumer guarantees that apply.
7. Custom orders, corporate gifting, and workshops
- Custom orders and corporate gifting: If we agree to a custom order (for example, branded wrappers or corporate gifting), lead times, minimum quantities, pricing, and approval requirements will be confirmed in writing (usually by email) before production begins.
- Workshops and experiences: If we offer workshops or experiences (in-person or virtual), the booking terms, inclusions, and any rescheduling or cancellation rules will be provided at the time of booking and form part of the Service.
- Availability: Custom work and workshops may be limited by seasonal demand, ingredient availability, and production capacity.
8. Third-party tools and links
We may provide access to third-party tools or links (for example, payment providers, apps, or external websites). We do not control these third parties and are not responsible for their content, policies, or services. Use them at your own discretion and review their terms.
9. User content, feedback, and submissions
If you send us feedback, suggestions, or other content, you agree we may use it to improve our products and services.
We will not publish personal information in a way that identifies you without your permission.
10. Accuracy of information
We try to keep information on our website accurate and up to date. Sometimes there may be errors (for example, typographical errors, pricing errors, or availability issues). We may correct errors and update information at any time, including after an order is placed. If an error affects your order, we will contact you.
11. Prohibited conduct
You must not:
- misuse the Service, attempt unauthorised access, or interfere with security features
- use the Service to harass, abuse, defame, or discriminate against others
- collect or track personal information of others without permission
- use automated scraping or data extraction tools without our written consent
12. Disclaimer and limitation of liability
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free access to the Service.
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss arising out of or in connection with your use of the Service.
Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights you have under Australian Consumer Law that cannot be excluded.
13. Indemnity
You agree to indemnify and hold harmless Gari Yala Pty Ltd (trading as Chocolate On Purpose®) and our directors, officers, employees, contractors, and service providers from any claim or demand arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.
14. Termination
We may suspend or terminate your access to the Service if we reasonably believe you have breached these Terms or misused the Service.
Any obligations and liabilities incurred prior to termination will survive termination.
15. Governing law
These Terms are governed by the laws of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia.
16. Changes to these Terms
We may update these Terms from time to time by posting an updated version on this page. Your continued use of the Service after changes are posted means you accept the updated Terms.
Where practical, we may also notify customers of major changes via our website or email.
17. Contact
Questions about these Terms of Service should be sent to: orders@chocolateonpurpose.com.au