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.

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.

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.

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.

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

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.

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 January 2023. 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.