Terms & Conditions of Use and Privacy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Welcome to The Margaret River Chocolate Company website and online shop. By continuing to browse and use this website, you agree to comply with and be bound by these terms and conditions, together with our Privacy Policy and Website Disclaimer, which govern our relationship with you in relation to your use of this website.

For the purposes of these Terms:

  • “Us”, “We”, and “Our” refer to The Margaret River Chocolate Company.
  • “You” and “Your” refer to the shopper, visitor, or user of our website.

By using this website, you signify your acceptance of these Terms.

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1. Amendment of Terms

We may change, modify, add or remove portions of these Terms at any time. Please review them regularly. Continued use of our website after changes are posted constitutes acceptance of those changes.

2. Limitation of Liability

You agree that The Margaret River Chocolate Company is not legally responsible for any loss or damage you may suffer in connection with your use of this website, whether arising from errors, omissions, information, goods, services, or otherwise.

Your use of any information or materials is entirely at your own risk. It is your responsibility to ensure that any products, services, or information available meet your requirements. We expressly exclude liability for any inaccuracies or errors to the maximum extent permitted by law.

3. Competition and Consumer Act

Under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)), our liability for any breach of a statutory guarantee is limited, at our discretion, to:

  • resupplying the goods or services;
  • replacing the goods; or
  • paying the cost of resupply or replacement.

You must be at least 18 years of age to use this website and purchase products or services.

4. Delivery of Goods

  • Orders are dispatched promptly upon full payment, using Australia Post and/or other reputable couriers.
  • Delivery times generally range from 2 to 14 days depending on location.
  • Risk of loss or damage passes to you once goods are dispatched.
  • We are not liable for items damaged or lost in transit. Customers must raise such claims with Australia Post or the courier directly, although we will assist where possible.
  • Replacement of damaged or lost items is at our discretion.

General Delivery Terms:

  • We deliver only within Australia, using Australia Post eParcel or Express when requested.
  • Orders are dispatched twice weekly (Monday and Thursday). Deliveries to capital cities usually arrive within 2–4 business days.
  • Orders may be held during extreme weather conditions.
  • A flat fee of $20 applies; orders over $180 are delivered free. Optional insulated packaging is available for $30.

5. Returns & Refunds

Due to the perishable nature of our products, we do not offer refunds or replacements for change of mind, personal taste preferences, or products with remaining shelf life within the stated best before period.

All products are sold with clearly marked best before dates, and products are considered acceptable for sale and consumption up until that date when stored correctly.

Refunds, replacements, or store credits may only be offered where:

  • an incorrect item has been dispatched;
  • a product arrives damaged or defective; or
  • required under Australian Consumer Law.

If you cancel an order prior to dispatch, a refund may be issued less a $50 handling fee.

Any issues with an order must be reported within 2 days of delivery, including clear photos and order details. Claims submitted outside this timeframe may not be accepted.

All refund or replacement requests are assessed at our discretion in accordance with Australian Consumer Law.

6. Links to Other Websites

Our website may contain links to third-party websites. These are provided for convenience only. We do not endorse or accept responsibility for content, services, or advice provided on third-party sites.

7. Disclaimer

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to merchantability and fitness for purpose.

We do not warrant that:

  • our products or services will be error-free,
  • defects will be corrected, or
  • this website or its servers are free from viruses or harmful components.

You assume full responsibility for any costs associated with repair or correction arising from your use of our website.

8. Privacy & Data Security

We respect your privacy and comply with the Australian Privacy Principles.

  • We only collect personal information necessary to provide our services.
  • Customer data is encrypted and stored securely. Credit card details are not stored on our servers.
  • We do not sell or trade personal information.
  • Information may be disclosed when required by law, to enforce agreements, or to protect the rights and safety of our company, customers, or third parties.
  • Some service providers may be located overseas; by using our services, you consent to this disclosure.

For more details, please refer to our full Privacy Policy.

9. Copyright & Intellectual Property

This website and its contents (including design, layout, trademarks, and graphics) are owned or licensed by The Margaret River Chocolate Company.

You may:

  • print or download content for personal, non-commercial use only,
  • share content with third parties for personal use provided you acknowledge the website as the source.

You may not:

  • republish, reproduce, transmit, or distribute website content for commercial purposes without our prior written permission.

We reserve all rights to take legal action against breaches.

10. Jurisdiction

These Terms are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of Australian courts.

11. Chocolatier Classes – Additional Terms

General

  • Junior Chocolatier Classes are held at our Margaret River and Swan Valley premises.
  • Classes are suitable for participants aged 6 years and over.
  • Children aged 4–6 years may participate, however both the child and their accompanying guardian are required to purchase a ticket.
  • Enclosed footwear and tied-back hair are mandatory for all participants. Participants who arrive without compliant footwear may be refused participation without refund.
  • Spectators may view from designated areas only.
  • Ticket price includes participation in the class and the chocolate products made during the session. No refunds are provided based on the quantity or appearance of finished products.

Allergen Warning

Ingredients used in our classes may contain, or come into contact with, dairy, gluten, soy, and nuts. We cannot guarantee an allergen-free environment. By booking, you acknowledge this allergen warning. No refunds will be provided where a participant is unable to participate due to an undisclosed allergy or dietary requirement.

Bookings

  • Bookings must be made via the booking platform at least 24 hours in advance.
  • A minimum of 5 participants is required for a class to proceed. If the minimum is not met, the class may be cancelled or rescheduled, and you will be offered a full refund or the option to reschedule.
  • Venue selection: It is the customer's responsibility to select the correct venue at the time of booking. Our Margaret River and Swan Valley premises are approximately 300km apart. Bookings are venue-specific and non-transferable between venues. If you arrive at the incorrect venue, this will be treated as a no-show and no refund or reschedule will be provided. Where availability permits, we may at our discretion offer to transfer your booking to an equivalent class at the correct venue, however this is not guaranteed.

Cancellations & Refunds

  • Cancellations made more than 48 hours before the class start time will receive a full refund.
  • Cancellations made between 24 and 48 hours before the class start time may be rescheduled to another available class. No refunds apply.
  • No refunds or reschedules are available for cancellations made within 24 hours of the class start time, or for no-shows.
  • Bookings may be rescheduled a maximum of once. Rescheduled bookings are non-refundable and non-transferable.
  • Refunds are not available for individual members of a group booking who do not attend.
  • Classes booked using gift vouchers are subject to the same cancellation terms. Refunds for voucher bookings will be issued as voucher credit only.

Late Arrivals

Participants arriving more than 10 minutes after the scheduled class start time may be refused entry for food safety and class continuity reasons, and will be treated as a no-show. No refund or reschedule will be provided.

Conduct & Safety

We reserve the right to remove any participant who is intoxicated, behaves unsafely, or fails to follow instructor directions, without refund. Guardians are responsible for the supervision and conduct of children in their care at all times.

Cancellation by Us

If we cancel a class for any reason, you will receive a full refund or the option to reschedule. Where a class is cancelled due to circumstances beyond our control (including but not limited to power outages, equipment failure, extreme weather, or government direction), our liability is limited to a full refund or reschedule of the booking fee. We are not liable for travel, accommodation, or other consequential costs incurred.

Consumer Law

Nothing in these terms and conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.