Terms & Conditions

COCOA AND VANILLA TERMS & CONDITIONS

General

This website cocoaandvanilla.com.au is the property of Cocoa and Vanilla Pty Ltd (ACN: 159882890) (“Cocoa and Vanilla”), an Australian company.

If you purchase anything from this website you are accepting the terms and conditions within this website including Cocoa and Vanilla Terms and Conditions, any relevant and any Delivery Service Provider Terms & Conditions.

You should review these terms and conditions prior to purchase.  Please contact us if you have any questions at contactus@cocoa-and-vanilla.com 

Cocoa and Vanilla may vary these terms at any time. Any variations become effective on posting to this website.

 

Sales of Products to End Users Only

Cocoa and Vanilla sells products from the site to end-user customers who purchase only for their own personal, non-commercial use. You may not purchase products for further distribution or resale or for any other commercial or business purpose.

 

Pricing

The recommended retail price for the products is clearly displayed on the Cocoa and Vanilla.com website next to the products and at checkout.  Shipping fees are automatically calculated and added to your final invoice and are clearly shown on the transaction record prior to checkout.  Unless otherwise stated, all prices quoted are in Australian dollars.  All purchases are invoiced in Australian dollars.

Where applicable prices quoted are inclusive of Australian goods and services tax (GST). 

For international purchases outside Australia, any customs or import duties are charged once the parcel reaches its destination country.  Cocoa and Vanilla use a duty calculator which estimates and adds duty to your invoice.

However, Cocoa and Vanilla has no control over these charges and we cannot tell you what the precise cost would be, as customs policies and import duties vary widely from country to country.

Consider contacting your local customs office for current charges before you order, so you are aware of the precise charges for your purchase.

Pricing for Cocoa and Vanilla products does not include shipping costs, which can be found on Cocoa-and-vanilla.com.

 

Payment

We use Shopify to process all payments on our site.  Please refer to Shopify directly at shopify.com if you have any queries relating to making payments.

On processing your order, we must authorise the full amount of the payment, including delivery.  Before despatching your order we will debit your account for the authorised amount.  You will receive a confirmation email when the payment has been processed.

International Policy

Product prices displayed and shipping costs do not include any applicable duties and taxes which may be payable. Please be aware of your country’s importing regulations as you are entirely responsible for payment of any duties or taxes. Cocoa and Vanilla has no control over and takes no responsibility for these additional fees.

You or the recipient of the order will be responsible for all / any import duties and taxes that may be collected from the local government. All fees must be paid to release the order from your local customs. For questions regarding customs fees, please contact your local government.

PRIVACY

At Cocoa and Vanilla we are committed to protecting your privacy and complying with the National Privacy Principles. We maintain the privacy of your information using up to date and secure technology.

Information You Provide

To process and fulfill your order, we need to know your;

  • Name
  • Email Address
  • Phone Number
  • Billing Address           

If you are not sending the order to your Billing address, we also need to know the;

  • Recipient Name, if not you
  • Delivery Address

We will keep your name, email, phone number and address in our database.

We will not keep any credit card details.

We will not use or disclose the information you give us about yourself except:

  • when legally required to do so;
  • for the purpose you give us the information;
  • a purpose related to that reason;
  • or another purpose to which you have consented.

Unless you have told us otherwise, we may also use your personal information to send you notices or emails about special offers, new products, services, promotions, and other information. You may elect not to receive these offers and information at any time by unsubscribing on the site.

How We Protect Your Information

We are committed to protecting the information we receive from you. We follow high grade technical and management practices to help protect the confidentiality, security, and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. We have implemented commercially reasonable precautions, which are designed to protect your information from unauthorised access, disclosure, use, and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. In addition, only those employees and third parties who need access to your personal information in order to perform their duties are allowed such access. You should take steps to protect against unauthorised access to your, phone, and computer by, among other things and signing off after using a shared computer. Also, you should never share your log-in information with others.

Changes to this Privacy Policy

This Privacy Policy is current as at [27th October 2015]

Cocoa and Vanilla may review and update this Privacy Policy from time to time to reflect changes in the law, our business practices, procedures and structure, and the community’s changing privacy expectations. While it is not possible to notify you of changes to the Privacy Policy, the latest version of the Privacy Policy will be available on our website.

Contact

To request access to personal information held about you in our records, to make a privacy-related complaint, to obtain more information about this Privacy Policy or to enquire about privacy matters generally, please contact contactus@cocoa-and-vanilla.com 

Third Parties

Sometimes we will need to give your details to someone else.  Those third parties will be bound by the Privacy Act and maintain their own policies which can be found on their websites.

We may, from time to time, use the services of agents, contractors or third party service providers for the purpose of providing administrative, telecommunication, computing or other services (including email promotions) in connection with the operation of Cocoa & Vanilla.  These external service providers are under a contractual agreement not to disclose information and to keep it confidential and secure.

If you consent to receive Cocoa and Vanilla special offers, Cocoa and Vanilla may use your personal information to provide special offers from third parties. Where such special offers are sent to you, they will be sent by Cocoa and Vanilla and may be co-branded with the third party. You may opt out from receiving Cocoa and Vanilla special offers at any time by logging onto the Cocoa and Vanilla website and updating your preferences.

We reserve the right to perform statistical analyses of user behaviour and characteristics in order to measure interest in, and use of, the site. We may provide aggregated data from these analyses to third parties. Although Cocoa and Vanilla may have links to other sites, we do not take any responsibility for their privacy policies and content.

Cookies

Cocoa and Vanilla uses cookies and the personal information stored in cookies may be used by Cocoa and Vanilla to track your use of the Cocoa and Vanilla website and to personalise the website for you.  We won’t pass this information on to anyone else unless you tell us to.

You should also be aware that non-personal information and data may be automatically collected through the standard operation of our Internet servers or through the use of Cookies. Cookies are small text files that are used to recognise repeat users, facilitate your ongoing access to and use of the site, allow a site to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.

Cookies are used to collect information such as the number of unique visitors, how long these visitors spend on the website and the date and time of the visit. This non-personal information may be collected and aggregated.

You should be aware that we cannot control the use of Cookies or the resulting information by third parties hosting data for us. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allow the user to deny or accept the Cookie feature.

We also may use third-party website analytics tools that collect information about visitor traffic on the Sites. The information we may collect by automated means includes:

  • Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name, and operating system type)
  • URLs that refer visitors to our sites
  • Dates and times of visits to our sites
  • Information on actions taken on our sites (such as page views and site navigation patterns)
  • A general geographic location (such as country and city) from which a visitor accesses our websites
  • Search terms that visitors use to reach our sites and the webpage that led you to the Sites

Information Collection and Use

The information we collect from you is used to conduct transactions with you, including fulfilling your purchases of our products, to send you information or content in which you may be interested, and keep you abreast of any updates related to our site. We also use this information to personalise and continually improve our site, services and your experience with them.

Information Collected Upon Registration

You may browse our site without registering. If you would like to place an order, we do not require you to register with us on the site.

In some circumstances, such as making a purchase of our products, we will request that you provide your credit card or acceptable payment option and your billing address and shipping address. We neither store nor have records of your payment information.  Please see above for more details.

We may also collect personal information to assist in identifying ways in which we can provide you with a better service, or enhance your experience of our website and mobile site.

Unless you tell us otherwise, Cocoa and Vanilla may use personal information about you for marketing and research purposes. You can let us know at any time if you no longer wish to receive marketing material. Please note that we may still need to use your personal information to provide you with the products you have requested from us as a customer.

Social Media

Our website may contain links to online forums. Think carefully before you post or publish any personal information in these forums as it will be publicly available.

Links to other websites

Sometimes our website contains links to third party websites, for your convenience and information. When you access a non-Cocoa and Vanilla website, please understand that Cocoa and Vanilla is not responsible for the privacy practices of that site.

 

INDEMNITY, DISCLAIMER & LIMITATION OF LIABILITY

Indemnification

You hereby agree to defend, indemnify and hold Cocoa and Vanilla harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, legal fees and costs) arising from your breach of this agreement, or otherwise arising from your use or misuse of the site, content or products.

Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults, and inaccuracies and may not be complete and current.

Cocoa and Vanilla makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither Cocoa and Vanilla, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Limitation of Liability

To the extent permitted by law we will not be liable for any breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content available through the site.  To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing but allows a limitation of a certain maximum extent then our liability is limited to that extent.

Viruses

Cocoa and Vanilla cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Cocoa and Vanilla entirely of all responsibility for any consequences of its use.