Peak Chocolate Terms & Conditions of Sale
Peak Chocolate means Peak Chocolate Pty Ltd ABN: 16 622 884 637
1. Limitation of Liability
The liability of Peak Chocolate Australia Pty Ltd is limited, to the extent permissible by law and at the sole option of Peak Chocolate:
- in relation to Goods, to;
- replacing the Goods or the supply of equivalent goods;
- the repair of the Goods;
- the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
- the payment of the cost of having the Goods repaired; and
- in relation to services, to:
- the supply of the services again; and
- the payment of the cost of having the services supplied again.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded and Peak Chocolate is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
- any increased costs or expenses;
- any loss of profit, revenue, business, contracts or anticipated savings;
- any loss or expense resulting from a claim by a third party;
- any loss or damage whatsoever in connection with any information, written or oral, or assistance given to the Customer, whether by way of advice, instruction, technical information, demonstration or otherwise; or
- any special, indirect or consequential loss or damage of any nature whatsoever in connection with the Customer's purchase, on-sale or use of the Goods in any way.
11.1 To the full extent permitted by law, Customer will indemnify Peak Chocolate and keep Peak Chocolate indemnified from and against any liability and any loss or damage Peak Chocolate may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.
Peak Chocolate works with both Australia Post and national courier services for shipping and deliveries.
We offer FREE shipping anywhere in Australia for all orders over $49.
We also offer international shipping to New Zealand, Asia, US, UK, Europe and many other overseas countries. If your country is not included message or email us and we'll work out a shipping price for you. Please note that overseas shipping can take up to 8 days (or longer if detained by Customs) and that we will check en route weather suitability before despatch. If we are concerned we will contact you.
We aim for as fast as possible delivery from the time of your purchase. Orders received by 12 noon will usually be mailed the same day. Friday deliveries may be held until Monday to avoid your Peak Chocolate sitting around in a mail depot over the weekend. Australia Post deliver between 9am and 5pm Monday to Friday, they do not deliver on weekends or public holidays.
Depending on your location your order in Australia should take no more than 3 to 4 business days. Unless of course you live in the outback! If you live in the eastern suburbs of Sydney we may even deliver to your door ourselves or by local courier on the same day.
As chocolate can be affected by heat we may use insulated packaging, especially during the warmer months. Depending on your location and the time of year we may further insulate the packs with polystyrene or use cold packs if necessary. In some circumstances we may delay despatch until the weather cools. We will let you know if this is necessary. Generally we will delay shipping if the forecast temperature at the destination exceeds 30 degrees. (The Northern Territory and Far North Queensland are often a problem!)
Please be sure to provide a shipping address where the delivery will be received by a human (your office or workplace?) and not left out… especially not out in the sun. We generally do not require a signature for delivery, as we know this can be a hassle, however the downside of this is that we can’t take responsibility for any deterioration in the product once it arrives at your address. If there is somewhere cool, safe and accessible that we can leave the package if you're not home, please make a note on your order and we will add this to your delivery label.
The outside of our mailing packages is left intentionally plain so that only an idiot would steal it!
As chocolate is both fragile and perishable we are unfortunately unable to accept responsibility for melted or otherwise spoiled product; nor always able to offer refunds. However we are committed to excellence in customer service so we offer a money back guarantee if your are genuinely not satisfied with our products or the condition in which they arrive.
If for any reason you are not completely satisfied with your Peak Chocolate or if it does not arrive in perfect condition contact us within 24 hours of receiving your package at firstname.lastname@example.org and we will be in touch to arrange a refund or replacement. It's always a good idea to take a photo of any damaged product or package as soon as you receive it.
5. Gift Cards
Gift cards do not have an expiry. Gift cards are not redeemable for cash. Valid on all products including gift packs, trials & subscriptions. Gift cards are not re-loadable. Please contact email@example.com to request your current gift card balance.