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Terms of service

Terms of Sale

When you purchase products from the Website (as that term is defined in the Website Terms of Use) you agree to be bound by, and comply with, these terms of sale and any changes that we may make to them from time-to-time (Terms of Sale) and the Website Terms of Use. These Terms of Sale form an agreement between you and NLCM Pty Ltd (ACN 645 764 414) (“we”, “our” and “us”). Please review them carefully to ensure you understand and agree with them.


1. Terms of Sale

1.1 — These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of products and gift cards (Products) from the Website. These Terms of Sale constitute a legally binding contract between you and us. By placing an order with us, you agree to be bound by these Terms of Sale.
1.2 — The Products and services available on the Website are only for sale to persons who are at least 18 years of age and who may legally adhere to the Terms of Sale and the Website Terms of Use. We assume no responsibility for liabilities related to age misrepresentation.

Orders
1.3 — All orders placed by you are an offer to purchase the Products for the price specified on the Website plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by us. Each order that you place will, if accepted by us, be a separate and binding agreement between you and us with respect to the supply of the relevant Products, in accordance with these Terms of Sale. Please allow 5-7 business days for all on-line orders to be packed.


1.4 — We may accept or reject your order for any reason in our absolute discretion. If your order is rejected and you have paid for the order, you will receive a refund of any money paid to us in respect of the rejected order.
1.5 — Your order must contain the order information specified on the Website, including your name, address, contact number and credit card details. We are not liable for any orders that go missing due to incorrect delivery information provided by you.
1.6 — You agree that any Products purchased by you are for personal use only and are not for resale or commercial use.

Price
1.7 — The Products are charged at the price published on the Website at the time you submit your order.We reserve the right to change the price of Products at any time without notice to you.
1.8 — All prices listed on the site are in Australian Dollars unless otherwise specified and are inclusive of any Australian Goods and Services Tax (as applicable).
1.9 — If, for any reason, incorrect pricing is displayed on the website, we reserves the right to amend such pricing errors and may exercise its right to cancel an order at any point prior to delivery.
1.10 — In addition to the price for the Products, you may also need to pay the delivery charge listed (if any). Any delivery charge will appear in your shopping cart. If additional delivery charges are required, we will contact you and provide you to discuss the additional delivery charges and your options.

Payment
1.11 — Payment in full for all Products is required at the time of placing an order with us.
1.12 — By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. We are under no obligation to ship any Products ordered until payment in full for those Products has been received.

Availability of Products
1.13— We do not guarantee the availability of Products on our website. If, for any reason, a Product in your order is out of stock or cannot be fulfilled for any reason, we will notify you as soon as practicable to arrange a backorder, an alternative order or a refund if a suitable substitute product is not available.

Cancellation of Orders
Unless provided for under these Terms or as otherwise agreed by Us:

1.14 — Orders cannot be amended once it has been dispatched. If your order has not been dispatched, you may contact us to cancel your order and place a new order. We may in our absolute discretion accept or reject your request for cancellation or change of an order and a refund. If we accept to refund it will be processed within a reasonable time being 7 days.
1.15 — No cancellations or changes to orders will be accepted especially on same day delivery or next day delivery orders, and the products will be delivered to the delivery address placed by you.
1.16 — any address changes are requests only and cannot be guaranteed depending on the status of the order.
1.17 — for health reasons, no cancellation, return or refund can be made once your order has been dispatched for change of mind or if you made an incorrect selection.

Delivery
1.19 — Risk and title in the Products pass to you on the date and time that payment has been received by us.
1.20 — Whilst we would love to replace every product that has been damaged in transit it is not economically feasible for us to do so and you accept the risk of this occurring when you make on on-line purchase. We do not take responsibility for any mishandling, loss (including incorrect address provided) or damage of packages once they have left our premises.
1.21 — We will try our best to deliver your order as soon as we can, however we do not guarantee the dispatch or delivery of Products within the timeframes provided. Our products are bespoke and are made as fresh as possible. You can expect our chocolates to be dispatched within 5-7 days. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered. If we are unable to deliver your Products within a reasonable time, you may ask us to cancel your order or we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products. We deliver within Australia or as otherwise stated in your cart. As our products are temperature sensitive you accept responsibility to ensure your products will be delivered to an address where someone can receive the goods personally. We reserve the right to delay dispatch to avoid exposing your chocolate to extreme temperatures.

1.22 — Once your order has been dispatched, you will receive an email with the tracking details. Delivery times will vary according to the delivery service used as well as their time frames and zones.
1.23 — On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered

Returns
1.32 — For health reasons, no cancellation, return or refund can be made once your order has been dispatched for change of mind or if you made an incorrect selection.
1.33 — Our products come with guarantees that cannot be excluded under the Australian ConsumerLaw (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Our change of mind policy does not affect your rights under the ACL. If the Products you receive:
iii. are not what you ordered;
iv. do not match the description on the Website;
v. are not of satisfactory quality; or
vi. are not otherwise fit for purpose, you may be eligible for a refund or exchange.
1.34 — If you believe you have received a Product which does not meet the consumer guarantees under the ACL, please contact carol@deliciouslyyours.com.au.

Refunds
1.36 — If we are obliged to refund your payment pursuant to these Terms of Sale or at law, we will aim to process the refund within 5 business days. The time it takes for you to actually receive the refund will depend on your financial institution.

Liability for Sale and Purchase of Products
1.39 — To the maximum extent permitted by law (including, without limitation, the ACL) in no event will we, our officers, directors, employees or agents be liable to you, or any other person, for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase, use or otherwise of the Products. This exclusion applies regardless of the cause of action–i.e. whether in contract, negligence or any other tort, equity or under statute.
1.40 — If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product or the cost of replacing the Product. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. Our liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.

2. Promotions, Competitions and Discounts

2.1 — From time-to-time, we may run promotions or competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts as published on our Website. Your participation in any promotion or competition or your right to an offered discount is subject to these Terms of Sale and any specific terms and conditions that may be expressed to apply.

3. Governing law

3.1 — Your purchase of our Products from the Website and these Terms of Sale are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.

4. Updates to these Terms of Sale

4.1. These Terms of Sale are effective from May 2026. We reserve the right to update these Terms of Sale at any time without notice. You should ensure you are aware of our current Terms of Sale by checking our Website regularly.

 

Website Terms of Use

NLCM Investments Pty Ltd (ACN 645 764 414) trading as deliciously yours (“us”, “we”, “our”)  provides you with use of and access to  https://www.deliciouslyyours.com.au (“website”, “service”) subject to these terms of use (‘Terms of Use’). By using, browsing or otherwise accessing the website, you agree to be bound by these Terms of Use.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend our services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.

Variation

We reserve the right to change these Terms of Use by publishing new terms on the website. Your use of the websites constitutes your acceptance of these Terms of Use as amended from time to time.  

Should you object to any of our Terms of Use or other notices on the Websites your sole option is to immediately cease your use of the website.


Intellectual property and ownership of content

Unless indicated otherwise all content and materials in any format on the websites (including photographic images) and all intellectual property in the websites is owned or licensed by us and are protected by copyright laws and treaties around the world.  

Subject to these Terms of Use, you agree that you will not infringe our intellectual property as contained in the websites and will not modify, copy, republish, frame, distribute or communicate any part of the websites or any information contained on or in the websites without our written consent or otherwise use the websites in a way which will infringe our intellectual property or other rights.

You may only reproduce or use our copyright material for any purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose. All rights not expressly granted are expressly reserved.


Restrictions on use of websites

In accessing or using the websites you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, scrape, or index the websites or any content on the websites without our express written consent;
  • use any device, software, process or means to interfere or attempt to interfere with the proper working of the websites;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
  • use or index any content or data on the websites for purposes of competing with us in any manner that we have not specifically authorised;
  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging and unsolicited advertising or promotional material, whether commercial in nature or not;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  • pose as any person or entity or attempt to solicit money, passwords or Personal Data from any person;
  • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Websites or any content on the websites, except as expressly authorised by us;
  • transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive obscene or destructive;
  • use the websites or any content from the websites in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
  • act in breach of any term or condition of use or other condition imposed by us or any law.

We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the websites, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.


User accounts

As a user of the website, you may be asked to register with us and provide Personal Data, such as your first name, last name, email address and mobile number. Subject to our Privacy Policy, you are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. You agree to indemnify us for any damages, loss or other liability incurred or suffered by us as a result of any false, inaccurate or incorrect information provided to us, and any use of the account by you.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.


Disclaimer

Except as otherwise required by law:

  • the websites is provided ‘as is’ and ‘as available’ without any express or implied guarantees, conditions or warranty;
  • we make no representations and give no warranties in respect of the website information including that such information is reliable, accurate, suitable for your purposes or without errors, omissions or viruses;
  • we make no representations and give no warranties in respect of the means of accessing any website Information, including software operating in connection with the websites; and
  • we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the websites.

We do not guarantee continuous, uninterrupted or secure access to the websites.

You acknowledge that access and use of the websites (including the software operating in connection with the websites) may be interfered with by numerous factors outside of our control.

We cannot ensure that any files you download from the websites will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the websites.


Limitation of liability

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the websites, your reliance on anything contained in or omitted from the websites, being unable to access the websites for any reason (including our negligence) or the failure of the websites for whatever reason (including our negligence).

To the maximum extent permitted by law, our maximum liability for all claims related to the Websites and your use of the Websites will be the lesser of an amount (not exceeding the amount paid by you to us in the 12-month period preceding your claim) and $5,000.  This limit applies collectively to us and our related entities, directors, officers and agents.  We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances.  You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.


Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms of Use and your use of the websites, or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.


Governing law

These Terms are governed by the laws of New South Wales, Australia.