Terms & Conditions
Terms and Conditions
Welcome to Mamorchocolates.com and thank you for shopping with us.
These Terms and Conditions govern the use of Mamorchocolates.com ("the website") and the purchase of any goods from it. The website is operated and managed by ("Mámor Chocolates Pty Ltd") (ABN 40 693 140 425).
If you need more assistance you can always contact our Customer Service team on 03 9419 3869 between 9:00am - 5:00pm AEST Monday to Friday (excluding public holidays), or via our contact us page.
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Mámor Chocolates Pty Ltd reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Any liability of Mámor Chocolates Pty Ltd in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Mámor Chocolates Pty Ltd be limited to:
- in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by Mámor Chocolates Pty Ltd in good faith. To the best of Mámor Chocolates Pty Ltd 's knowledge, the information is accurate and current. However, Mámor Chocolates Pty Ltd and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Mámor Chocolates Pty Ltd's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Mámor Chocolates Pty Ltd disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mámor Chocolates Pty Ltd makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Mámor Chocolates Pty Ltd does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Mámor Chocolates Pty Ltd is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Mámor Chocolates Pty Ltd will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright in the Mamorchocolates.com website is property of Mámor Chocolates Pty Ltd . Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Mámor Chocolates Pty Ltd and third parties. This property may only be used for the purposes of browsing the Mamorchocolates.com website and acquiring goods and services from Mamorchocolates.com.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
If you purchase goods and services from Mamorchocolates.com or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Mámor Chocolates Pty Ltd with current, complete and accurate customer information when asked to do so by the website or an employee of Mámor Chocolates Pty Ltd.
All care is taken to ensure that Mamorchocolates.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
A Mamorchocolates.com account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.
Mamorchocolates.com accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a Mamorchocolates.com account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.
Prices of goods and services and delivery and other charges displayed on the Mamorchocolates.com website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Some products on Mamorchocolates.com may not be immediately available for despatch, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will contact you accordingly.
Orders will not be despatched until payment in full has been received and Mamorchocolates.com is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Mamorchocolates.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
If you need to cancel an order, please contact us immediately on (03) 9419 3869. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Mamorchocolates.com will not exchange or refund goods unless they were damaged or faulty when purchased.
Mamorchocolates.com will refund up to $AUD10.00 in delivery fees to return damaged or faulty goods. This will be refunded according to the original method of payment.
Except where required by law, you must return damaged goods within 7 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply.
In the event that you receive a defective or damaged product, we will refund the original product price and delivery via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Mamorchocolates.com.
Other Terms and Conditions not listed herein and applying to Mamorchocolates.com promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
If you enter into a transaction through Mámor Chocolates Pty Ltd to purchase services or vouchers for those services supplied directly by a third party, Mámor Chocolates Pty Ltd is not responsible for the provision of those services or for any misunderstanding between you and the supplier.
In all arrangements involving the direct provision of services by third parties, Mámor Chocolates Pty Ltd accepts no liability of any kind in connection with or arising from such an arrangement.
You agree to waive any and all claims that you now have or may have in the future against Mámor Chocolates Pty Ltd which relate to or are incidental to any transaction.
You agree to indemnify and hold Mámor Chocolates Pty Ltd harmless from and against any and all claims, loss or expense that may be incurred by Mámor Chocolates Pty Ltd which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Mámor Chocolates Pty Ltd harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity