These Terms and Conditions will prevail and take precedence over any terms and conditions provided by the Customer, and such terms and conditions will have no legal effect and will not constitute part of these Terms and Conditions (even if Heart of Chocolate accepts or fulfils the Customer’s Order).
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
a) Customer means the party named as applicant in this credit application
b) Goods are items in an order, and include packaging and services
c) Order is an order placed by you to purchase goods from Heart of Chocolate, whether in writing or orally
2. THE AGREEMENT
This agreement is a contract between you and Salmas Investments Pty. Ltd. (ABN 94 622 684 011) trading as Heart of Chocolate. An agreement exists once Heart of Chocolate accepts an Order from you which occurs when your order and payment is accepted.
The Customer agrees that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between Heart of Chocolate and the Customer.
These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.
4. CUSTOMER APPLICATION
Accurate information – Information provided by you in your application must be accurate and complete. You must inform Heart of Chocolate if there’s a change to your details.
New Wholesale customers – Customers wishing to setup a wholesale account can either complete the wholesale application form on Heart of Chocolate’s website or by emailing firstname.lastname@example.org
Please note, there is a minimum order value of $220 (incl. GST) for wholesale customers.
5. PRODUCT INFORMATION
Product information, dietary information, photos & pack sizes are all for illustrative purposes and general advice. Occasionally packaging, dietary classifications and ingredients vary and will be specified on the packaging of the Goods.
6. ALLERGEN CAUTION
Please refer to allergen statement on packaging for information regarding any possible cross-contamination that may have occurred in the factory of the suppliers.
7. ORDERS & DELIVERY
Heart of Chocolate will deliver the Goods to you at the Delivery Address within the time agreed with you.
Delivery address is the address where the goods are to be delivered as stated on the order.
As we cannot anticipate or control the conditions under which the goods we sell will be used, Heart of Chocolate and its associated entities cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation. No goods will be supplied by Heart of Chocolate on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions.
Any times quoted for delivery of goods are estimates only and Heart of Chocolate is not subject to any liability whatsoever for failure to deliver or for delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or dispatch. Heart of Chocolate reserves the right to deliver in instalments and each such instalment is deemed to be sold under a separate invoice. Failure to deliver any instalment does not entitle the Customer to repudiate, rescind or terminate the contract.
All Goods must be checked on delivery. The Customer is deemed to have accepted any Goods delivered as being in conformity with the Customer’s order and merchantable quality unless the Customer notifies Heart of Chocolate in writing within three (3) business days of delivery. For a credit note to be issued by Heart of Chocolate against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Heart of Chocolate is deemed as sufficient proof.
Your order will usually be shipped by either Couriers Please or Fastway courier services from Heart of Chocolate’s Melbourne warehouse, however other delivery services may be used as necessary.
Please allow 1 – 5 working days for delivery depending on your location.
Most orders will ship out within 1 business day of ordering.
Orders are subject to verification and approval before shipping and may take up to 48 hours to process. Please note that we do not ship on Saturdays, Sundays or public holidays. While we will do all we can to ensure your order is delivered on time, Heart of Chocolate cannot be held responsible for conditions beyond our control such as severe weather, service interruptions, etc.
In cases of extreme weather, your order may be delayed to ensure it can be delivered in good condition.
All prices and terms quoted by Heart of Chocolate are based on the cost prevailing at the date of quotation; such prices are subject to change at any time. However, the price specified on the price list is the price that you will be charged at the time of ordering. If an item becomes out of stock prior to delivery we will contact you by email or phone to let you know and will recommend an alternative where available.
Payment is to be made within the agreed payment terms as indicated on the invoice.
A statement stating the sum due and owing by the Customer to Heart of Chocolate at the date specified in the statement is prima facie evidence that the sum is due and owing at that date. If the Customer makes default on any payment or otherwise fails to fulfil the terms of this or any other contract with Heart of Chocolate, or, if the Customer stops payment or calls a meeting of creditors or becomes insolvent or subject to bankruptcy laws, or as a company calls a meeting for the purpose of going into liquidation, or has a winding up petition presented against it, or has a receiver appointed to any of its assets, Heart of Chocolate reserves the right to suspend or cancel any existing contracts between Heart of Chocolate and the Customer or require payment in cash prior to the delivery of the goods notwithstanding the specified payment terms or may take over the goods and dispose of them without prejudice to any claim for damages from the Customer for any loss resulting from such resale or otherwise.
The first order placed as a new customer will need to be pre paid. If you elect to be on payment terms, our credit application form must be completed and emailed back for all future orders to be processed as soon as they are received.
Payment can be made by bank deposit to the bank account found on the invoice. Remittance advice can be sent to email@example.com
Credit card payments can be made through Paypal but will incur a 3% surcharge of the total invoiced amount. If this method is preferred, you will be sent a payment request through Paypal to complete the transaction for the amount owing.
If you are on pre paid terms, full payment will need to be made before the order can be dispatched.
The Customer shall indemnify and keep indemnified and hold Heart of Chocolate harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Heart of Chocolate, and from and against all actions, proceedings, claims or demands made against Heart of Chocolate, arising from one or more of the following:
a) As a result of the customer’s failure to comply with any laws, rules, standards or regulations applicable in relation to the goods or the use of the goods;
b) As a result of any other negligence, breach of contract or other breach of duty by the customer
c) As a result of Heart of Chocolate adhering to instructions that the customer has given Heart of Chocolate about the goods.
13. INTEREST - OVERDUE PAYMENT
Interest charges at the rate of 2% per month will be charged on all overdue amounts and such interest is recoverable as a liquidated debt. A Late payment Account keeping fee of $5 per month will be charged on any amount that is overdue on the Customers monthly statement.
The Customer is liable for any expenses, including all legal expenses, incurred in connection with recovery of any overdue amounts and these expenses are recoverable as a liquidated debt.
14. DISHONOUR FEE
If the Customer makes payment to Heart of Chocolate by way of cheque or other negotiable instrument, which is not honoured upon presentation for whatever reason, Heart of Chocolate may charge the Customer an administration fee of $50.00 together with any further fee that is incurred by Heart of Chocolate.
16. CREDIT TERMS
The Customer acknowledges that Heart of Chocolate may vary or terminate credit terms to the Customer at any time without notice. Heart of Chocolate is not liable to the Customer for any loss or damage which the Customer suffers as a result of Heart of Chocolate cancelling credit terms or by refusing to supply goods. Upon credit terms being cancelled, all amounts, including interest, owing by the Customer to Heart of Chocolate becomes immediately due and payable.
All contracts are subject to the credit approval of the Customer by Heart of Chocolate.
17. CHANGE OF DETAILS
The Customer must immediately inform Heart of Chocolate in writing of any change of contact details, in the ownership operation, legal entity or structure of the Customers business or of any change in the information provided in this application. Until such notification is received by Heart of Chocolate, the liability for any unpaid amounts remains with the Customer as disclosed in the application.
Returned Goods will not be accepted by Heart of Chocolate without Heart of Chocolate's prior authorisation.
Refunds and/or exchanges will only be provided if an order has been fulfilled incorrectly.
Due to the nature of the product, refunds can generally not be offered in any other circumstances.
While all care is taken in the packaging and delivery of your product, Heart of Chocolate cannot always guarantee the condition in which it arrives. This may be reviewed on a case by case basis.
Heart of Chocolate may terminate or suspend this Agreement at any time by delivering notice advising you that your shopping privileges have been removed. Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice.