Terms & Privacy
WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Koko Black Group Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
- Our services are intended to be used by members within Australia only.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We supply and despatch our products to customers within Australia only.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage is $13, calculated at time of purchase. Gift Vouchers do not incur a delivery fee.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within Five (5) days. If we have not responded to you within Five (5) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on our website and below at item 21. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods. If an order is lost in transit, orders will not be replaced until such time as the original order has been located and returned to Koko Black.
- Koko Black will not accept liability for any loss or damage due to late delivery.
- Deliveries are booked on business days Monday to Thursday. Orders with a delivery address to a capital city will usually be delivered within 1 – 5 business days (excluding Perth and Darwin).
- For regional areas and addresses in Western Australia and the Northern Territory, delivery may take up to 7 business days.
- No deliveries are shipped on Fridays to ensure chocolates are not stored in hot warehouses or depots over weekend days.
- Any orders received after 12pm on a Thursday will be shipped the following Monday.
- Please note: while we discourage our delivery suppliers leaving Koko Black parcels at your delivery address when no one is there, it is up to the discretion of Australia Post. This is unfortunately out of our control.
- Shipping time may vary during the holiday season, Christmas and Easter.
- Parcels will not be shipped if the temperature is above 30 degrees C in Melbourne.
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
We are committed to supporting the ‘National Privacy Principles for the Fair Handling of Personal Information’ and complying with the Privacy Act 1988 (Cth), which has set clear standards and guidelines for the collection, access, storage and use of Personal Information which we may obtain during the course of our business with you.
The personally identifiable information we collect from you.
We do not collect personally identifiable information about you, except when you provide it to us. In order to provide you with our products or services, we may ask for personal details such as your name, address, telephone number or e-mail address. Australian Privacy laws allow us to collect your personal information directly from you if it is reasonable and practical to do so. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
Where we have collected personal information about you from another source, we will take reasonable steps to ensure that you are made aware of the following:
- The fact that we have collected personal information about you and how you can contact us regarding the collection of such personal information;
- How you can gain access to the personally identifiable information collected;
- Why we collected the personally identifiable information;
- Who we would usually disclose such personally identifiable information to;
- Any law requiring us to collect personally identifiable information.
You have no obligation to provide any information requested by us however, we may not be able to provide you with the products or services you require should the provision of the product or service depend on the collection of that information, including if the collection of that information is required by law.
How your personally identifiable information is used
The personally identifiable information that we collect is generally used to provide you with our products or services and to provide you the best customer service possible. We do not use or share personally identifiable information for any purpose other than for the purpose for which it was disclosed. We do not provide or sell personally identifiable information to other organisations without your consent. However we may disclose personally identifiable information to our service providers in connection with providing our product or service to you.
By providing your personally identifiable information to us, you acknowledge that and consent to the following:
- We may collect and use your personally identifiable information for the purpose disclosed to you.
- You are authorised to provide such information to us.
- That any information provided may be disclosed on a confidential basis to our third party contractors, agents or suppliers.
If you opt-in during the Site registration process or at other times when you submit personally identifiable information, the information you provide may be used by us to create and deliver to you emails such as our newsletters, surveys or other email messages containing product, services and event information or promotions (“Opt-In Emails”). If you prefer not to receive such Opt-In Emails, please do not opt-in to receive these emails. If you do opt-in and later decide that you would no longer like to receive these emails, see ‘Keeping information accurate and up to date and opt-out’ section below.
If you have elected to provide us with your contact information, eg. by registering at the Site or in one of our salons, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests. We may also contact you to respond to product questions or concerns that you may express. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that we offer our customers.
Keeping information accurate and up to date and opt-out
We take all reasonable steps to ensure that all personally identifiable information we hold is accurate. You may contact us at any time and ask for its correction if you feel that the personally identifiable information we have about you is inaccurate or incomplete. Alternatively, Online Salon customers can log into their Koko Black account to manage their personally identifiable information at any time at www.kokoblack.com.
You may opt-out of receiving future Opt-In Emails from us when you register at the Site or otherwise provide your contact information to us by emailing “unsubscribe” to firstname.lastname@example.org or phone 03 9354 0720.
Keeping information secure
We take measures to ensure your personally identifiable information is protected from unauthorised access, loss, misuse, disclosure or alteration, both online and offline. We store personally identifiable information in different ways, including in paper and electronic form. We use security procedures to protect the personally identifiable information we hold. Access to and use of personally identifiable information within our organisation is appropriately limited by us to prevent misuse or unlawful disclosure of that personally identifiable information by others.
Disclosure of personally identifiable information
a. Fraud protection and compliance with law
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
b. Service providers
Dealing with us online
We take all reasonable steps to ensure that the personally identifiable information we collect through our website is protected from unauthorised access, loss, misuse, disclosure or alteration.
Gaining access to your personally identifiable information
Upon your request we will provide you with access to any of your personally identifiable information we hold (except in the limited circumstances recognised at law).
If you require access to your personally identifiable information, please contact email@example.com
Proof of identity is required before such information will be provided.
Resolving your privacy issues
Notification of changes
We have taken great measures to ensure that your visit to the Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about the Site’s privacy practices, please contact us by email at firstname.lastname@example.org
Please do not email email@example.com with applications for employment, resumes or questions regarding employment. Any applications, resumes and questions should follow the instructions outlined in the Careers section.
More information about Privacy law and the National Privacy Principles is available from the Federal Privacy Commissioner’s website www.privacy.gov.au