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TERMS & CONDITIONS

The term “Content” in these terms and conditions refers to all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise, posted by you or by us.

The terms “we”, “us” and “our” in these terms and conditions are each a reference to Ratio Cocoa Roasters ABN 56 291 127 738.

The term “you” in these terms and conditions refers to the person accessing or using this website or the services provided through or in connection with this website.

These terms and conditions apply whenever you access this website, regardless of how you access it.

Use of this website
1. We are the owner and operator of this website.

2. Subject to these terms and conditions, any person may access or use this website via the internet without registering with or disclosing to us any personal information.

3. You agree to be bound by these terms and conditions, which are subject to change from time to time without notice to you. You are solely responsible for keeping up to date with any changes to these terms and conditions. You may wish to bookmark this page so you can review the terms and conditions whenever you use this website.

4. Your use of and access to this website indicates your acceptance of these terms and conditions, as they exist at the time of your use and access.

5. Please contact us at office@ratiococoa.com.au if you think these terms and conditions have been violated.

Privacy
6. Your privacy is important to us. These terms and conditions should be read together with our Privacy Policy, which explains how we collect, use and disclose personal information we receive from you.

7. A copy of our Privacy Policy can be viewed here.

Intellectual property in the website
8. The entire contents and design subsisting in, relating to or arising out of this website, including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement are the intellectual property of us, our content providers and our licensors with all rights reserved.

9. You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except where expressly authorised in these terms and conditions.

10. We respect the intellectual property rights of others, and require our users to do the same. If you believe that your intellectual property has been copied or posted on this website in a way that constitutes infringement of your intellectual property rights, please let us know.

11. Ratio Cocoa Roasters logo must not be used or reproduced without our written permission.

Your content
13. You acknowledge that you are solely responsible for the accuracy, completeness and legal compliance of all Content you contribute to or post on this website, whether publicly posted or privately transmitted.

14. You grant to us an irrevocable, royalty free and perpetual licence to use, disclose and sub-licence the Content you submit to this website for any of our purposes other than commercialisation.

15. You represent and warrant that:

a) you have all of the necessary rights (including any intellectual property rights) in the Content you contribute to this website and are able to licence the Content to us under these terms and conditions

b) that your Content is not defamatory and does not infringe any law.

16. You indemnify us against any and all loss or damage, including legal fees and other expenses, that may be incurred by us as a result of a breach of the above representation and warranty on a full indemnity basis.

17. In relation to this website, you must not:

a) post Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any person

b) transmit Content that is or includes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests or any other form of solicitation, except in those areas of this website that are designated for that purpose

c) transmit Content that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

d) transmit Content that harms, or may harm, minors in any way, or that otherwise cannot, by law, be accessed by any person under the age of 18 years

e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

f) create a false identity for the purpose of misleading others as to your identity or the originator of a message

g) interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website

h) attempt to gain unauthorised access to this website, other user accounts, computer systems or networks, through password mining or any other means

i) intentionally or unintentionally violate any applicable law

Risk and Liability
18. You acknowledge that:

a) you use this website at your own risk

b) we make no representations or warranties in relation to the quality, accuracy, completeness or fitness for purpose of any Content, whether posted by us or by a user

c) we are not responsible for, and accept no liability in relation to, your use of this website, the Content or your conduct in connection with this website or Content in any circumstance, whether online or offline.

19. To the fullest extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of this website.

20. You may have rights under the Competition and Consumer Act 2010 (Cth) or other applicable legislation in respect of any goods or services supplied via this website. If so, our liability to you is limited, at our option, to:

a) in the case of goods supplied by us, replacement of the goods or the supply equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; or

b) in the case of services supplied or offered by us, supply of the services again or payment of the cost of having the services supplied again.

21. To the maximum extent permitted by law, we are not liable to you on any other basis (including, without limitation, by negligence) or for any other direct, indirect or consequential loss or damage arising from or in connection with the use of this website or linked websites.

22. We do not represent or warrant that this website or linked websites are free of computer viruses or other defects. You must take your own precautions to ensure that this website or linked websites do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

The contract between us

Orders for chocolate, chocolate products, chocolate subscriptions,
We must receive payment of the whole of the price for the products that you order before your order can be accepted. Your payment of the price for the products represents an offer on your part to purchase the products, which will be accepted by us when we send to you an email that the products have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

Reservations for Tours and Course
A legally binding contract is made between us when you have paid the relevant fee in full and when we have notified you that we have accepted your reservation for a place on a tour of or a course at our roastery.

Terms and conditions applying to orders for chocolate & chocolate products
Availability
All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

Ordering errors
All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

 

Prices
The prices payable for products that you order are as set out in our website. All prices are inclusive of GST (where applicable) at the current rates and are correct at the time of placing your order.
Wherever it is not possible to accept your order to buy products of the specification and description at the price indicated, we will advise you by email.
Payment terms
The price for the products that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.

e. Delivery

i) The chocolate bars you have chosen will be packaged with attention to detail and barring post office hold ups outside of our control, online orders will arrive within 5 business days. However, during the hot summer months our shipping procedures are different. We only ship orders on a Monday through Wednesday to keep them from sitting at the post office, so it could take up to 8 business days for your order to arrive. ii) We cannot accept any liability for any loss or damage to the products once they have been delivered.

iii) You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.

f. Right to refuse order

We reserve the right to refuse to accept your order if:
we have insufficient stock to deliver the products you have ordered;
we are not able to deliver to your area; or
one or more of the products you ordered was listed at an incorrect price.
If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.

General
26. You must not use this website for any purpose, or in any way, which is unlawful.

27. These terms and conditions are governed by the laws of Victoria. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria.

28. These terms and conditions constitute the entire agreement between you and us, and governs your use of this website, superseding any prior agreements between you and us.