TERMS OF SERVICE
Luxury Chocolate Industries Pty Ltd


OVERVIEW

Patchi.com, is owned and operated by Patchi Industrial Co. S.A.L Siblin – Lebanon, PO Box 38 Saida, Lebanon (‘Patchi’)

Luxury Chocolate Industries Pty Ltd (ABN 42 650 117 294) is the local distributor for Patchi Luxury chocolates in Australia. For the purposes of distribution in Australia and these terms, the terms "we", "us", "our" and “Luxury Chocolate” shall refer to Luxury Chocolate Industries Pty Ltd.

Luxury Chocolate provides the distribution service to you, the user, on the condition of your acceptance of all terms, conditions, policies and notices stated here. By visiting this website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all Australian users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Patchi provides us with the online e-commerce platform that allows us to sell the products and Services to you.

1. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you are at least 18 years old and you have given us your consent to allow any of your minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms of Service will result in an immediate termination of your Services.

2. PATCHI TERMS

We are licenced to distribute products for and on behalf of Patchi. By agreeing to our Terms of Service and purchasing any products, you also agree to be bound by and to comply with any applicable terms and conditions, privacy policy, or other relevant terms published by Patchi.

Patchi’s Terms of Sale are available at:  https://patchi.com/au/en/policy/returns_policy

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred encrypted and involve

a. transmissions over various networks; and
b. changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

5. YOUR ACCOUNT

In order to purchase products from us or otherwise use our Service you may be required to register for an account with us. By registering for an account with us, you acknowledge and agree to the following:

a. You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;

b. You warrant that all information you provide is true, correct, up-to-date and accurate;

c. You will not transfer, sublicense or grant any other person, company or business access to your account except as agreed in these Terms;

d. We may terminate your account for any reason in our sole discretion.

6. PRODUCT PRICES AND PAYMENTS

Our product prices may vary from time to time.

We list up-to-date product prices on our website or in our correspondence that we provide to you at the time that you purchase our products.

By purchasing any product from us, you agree to our product prices as published at the time of your purchase.

Payments may be handled by third party payment providers. By making a purchase, you agree to be bound by the terms and conditions of any relevant third party payment providers.

We use a variety of e-commerce gateways to handle payments including Airwallux, VISA, MasterCard, GPay and Apple Wallet.

7. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. DELIVERY OF PRODUCTS

Our products may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. All orders are dispatched Monday through to Thursday.

Delivery is dependent on COVID conditions that may affect Australia Post.

We ship from our warehouse in Waterloo 2017, NSW.

During the warmer months, chocolates are sent with food-grade dry ice pack to help maintain its ideal storage environment. We will not send our chocolates if the temperatures are excessively high that day.

Products must be sent to a home or business address. We do not deliver to PO Box addresses.

You are solely responsible for nominating a delivery address that is appropriate for the products that you order. For example, for chocolate products, you should nominate an address where the products will be able to remain cool and dry. We accept no liability for any damage that occurs to your products after they have been delivered to your nominated delivery address or if you have left them out or in a warm location.

Due to our chocolate products having no preservatives, we do not accept returns unless required by the Australian Consumer Law or other consumer protection laws.

Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at our discretion.

9. RETURNS AND REFUNDS

In the event that a product or our service is defective, you may be entitled to a replacement or refund, in accordance with the Australian Consumer Law (ACL) as set out in the Consumer and Competition Act 2010 (Cth).

We handle returns and process refunds in accordance with the ACL and any other relevant consumer protection legislation.

We do not offer any returns or refunds for change of mind.

If you purchased our products directly from us, and you believe that you are entitled to a return or refund, please notify us within 30 days of purchase with a valid reason for return. In the event that you are entitled to a refund, the refund will be processed promptly and payment made by the same method that you made payment. All refunds are made at our discretion, unless otherwise required by law.

If you purchased our products from a third party such as a retailer or wholesaler, you must contact them to request any refunds or returns. If, after making a genuine effort to resolve the matter directly with that relevant third party, you are not satisfied with their handling of the matter then you may contact us to notify us about the matter.

For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of these Terms of Service is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

10. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and be subject to return or exchange only according to our return policy. Every effort has been made to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11. ALLERGIES

Please be aware that there is always a risk that allergens may be present in our products.

We do not guarantee that any products that we sell are free from any traces of any allergens.

You are solely responsible for reviewing any allergy warnings on product labels and for taking any necessary precautions in relation to your allergies, including contacting us prior to purchase with any questions you may have regarding ingredients, manufacture or packaging.

We are at no time responsible for any illness, injury, medical or other health condition that may arise or you may suffer as a direct or indirect result of any issue with any allergic reaction.

12. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

15. PRIVACY AND PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Australian Privacy Policy.

We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may view our Privacy Policy at [LINK TO PRIVACY POLICY].

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Your personal information is kept in our customer database in order to offer you a better service next time you want to place an order. You can edit your details at any time in the 'My Account' section. To request for your personal details to be deleted entirely, you may contact our Customer Care team between 9:00 am and 5:00 pm Monday to Friday. If you prefer, you may reach out to us via email, and include in the subject of your email 'request to delete personal account information' to assist our team in responding to your email. Please email: [email protected]

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:

a. for any unlawful purpose;

b. to solicit others to perform or participate in any unlawful acts;

c. to violate any international, federal or state regulations, rules, laws, or local ordinances;

d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f. to submit false or misleading information;

g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

h. to collect or track the personal information of others;

i. to spam, phish, pharm, pretext, spider, crawl, or scrape;

j. for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by Patchi. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Patchi expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action on their behalf against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are (except as expressly stated otherwise) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Patchi or Luxury Chocolates, their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or territories do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luxury Chocolate, Patchi and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21. SEVER ABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce ability of any other remaining provisions.

22. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

23. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

24. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

25. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

26. CONTACT US

Please direct all communication in relation to your privacy or in regard to these terms to: c/o Luxury Chocolate Industries, PO BOX 57 Padding ton NSW 2021, Phone: +61421884185, e-mail address: [email protected]