Terms & Conditions - Elisabeth

Terms & Conditions

Please read these Terms and Conditions and our Privacy Policy carefully before using the Website. By using the Website you are accepting and agreeing to these Terms andConditions. You must not use the Website if you do not agree to these Terms and
Conditions. Elisabeth Chocolate Bar (“we”, “us”, “our” or “ELISABETH”) reserves the right to change these Terms and Conditions at any time without notifying you. It is your responsibility to regularly check these Terms and Conditions for any
changes. Continued use of the Website will be taken as your acceptance of those
changes. The Website and its content are provided for your personal use only and
must not be used for any public or commercial purpose.

ACCURACY OF INFORMATION

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’
basis.

Neither Elisabeth Chocolate Bar its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii)

your access to the Website will be uninterrupted, timely or secure. Elisabeth  Chocolate Bar will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

PRODUCT DESCRIPTIONS 

Elisabeth Chocolate Bar and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Elisabeth Chocolate Bar does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue to apply.

CREATING AN ACCOUNT

To place an order on the Website, you will need to create an online account. When you create an online account, it is very important that any personal details you provide are complete, true and up to date. Please let us know if your personal details change or are recorded incorrectly and we will promptly update them. You will need to create a password to access your online account. Your password must be unique and kept secure and private at all times. Please let us know immediately if you believe or suspect there to have been a breach of security or any unauthorised use of your account.

 

ORDERS

All orders including phone orders will be accepted at Elisabeth Chocolate Bar’s sole discretion. When you submit an order on the Website, this constitutes your legally binding offer to purchase merchandise. When you place your order & if we accept the order, Elisabeth Chocolate Bar will send an email confirmation of your order outlining the details of your purchase. If we do not accept your order we will notify you via email. All orders are subject to Elisabeth Chocolate Bar’s approval and the availability of merchandise. We may place a limit on the quantity of merchandise that can be ordered on the Website. We may at our sole discretion cancel your order any time prior to shipping, for example if the merchandise ordered becomes unavailable. We will promptly refund
the full purchase price of that order to you.

 

PRICE

All orders are priced in New Zealand dollars and include GST. All prices quoted on the Website exclude postage and handling costs. You will be charged extra for postage and handling. You will be notified of these extra costs at
the time you place your order. Prices quoted on the Website are subject to change at our sole discretion without
notice.  If the price of merchandise is reduced after you place an order, Elisabeth Chocolate Bar will not offer a subsequent price adjustment. The relevant price of merchandise is the price at the time you place your order.

 

CANCELLATION OF ORDERS

To the maximum extent permitted by the law, Elisabeth Chocolate Bar may cancel or refuse to accept an order at any time, without liability. If we cancel an order after you have made a payment, we will refund that payment to
you in full.

 

PAYMENT OF ORDERS

You must provide complete, true and up to date payment and billing details. When you place an order on the Website, you authorise Elisabeth Chocolate Bar to deduct payments from the credit card you provide. You must be the authorised holder of the credit card or be authorised to use the credit card in order to have payment details authorised and processed. We can refuse to authorise and process an order if, in our absolute discretion, we believe this is necessary. We may request credit, anti-fraud and identity checks if we
believe this is necessary. If we cannot charge payment to your credit card or if a payment is declined or returned for any reason, we may in our absolute discretion suspend or cancel your order. If we are charged a fee for processing your credit card by your bank or financial institution, you will be liable for these charges. We will notify you of these charges if they apply. We use payment provider Stripe to offer secure payment systems to protect you in accordance with best industry practice. While we take all reasonable steps to ensure your personal information remains secure, it is impossible for us to completely guarantee that the transmission of data over the Internet will be totally secure at all times. Subject to the terms of Elisabeth Chocolate Bar’s Privacy Policy, any information
submitted to us on the Website is done so at your own risk.

 

DISPATCH AND DELIVERY OF ORDERS

If we have accepted your order and payment has been authorised and processed, the merchandise purchased will be promptly delivered to you. We aim to deliver merchandise to addresses located in New Zealand within three to five business days from dispatch.
During busy sale periods there may be a delay in dispatching your order due to an increase in order volumes. We only uses reputable postage and courier services to deliver merchandise to the delivery address selected by you. To the maximum extent permitted by the law, we accept no responsibility or liability for undelivered merchandise. To the maximum extent permitted by the law, we accept no responsibility or liability if merchandise is returned to our warehouse or if there is a delay in delivery which is
beyond our reasonable control.

Title to the merchandise and the risk of loss or damage to the merchandise passes to you upon receiving delivery of the merchandise from the postal or courier service used by us.

 

QUALITY COMMITMENT AND RETURNS

Your satisfaction is very important to us. If for some reason there is a fault with a product, please keep the remainder of the product we will arrange for it to be picked up and replaced at our cost.Goods will only be passed for credit upon notice of defect in the goods, and advice of any defect being given to the Company within 7 days of delivery.

 

RETURNS AND REFUND POLICY

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy. If your chocolate delivery has been damaged in transit or our product is faulty please contact us immediately by emailing help@elisabeth.co.nz so we can provide the
appropriate remedy. Should a refund be required it will be actioned within 7 days and include the courier
fee.

 

COPYRIGHT/INTELLECTUAL PROPERTY RIGHTS

The Website, its content, layout and design together with any trade mark, name, logo, photograph, image, code, text, data, graphic, software or other identifying mark appearing on the Website (Website IP), may only be used for your personal reference, and may not otherwise be copied, reproduced, used, stored, published,  altered, licensed, downloaded or transmitted in any form or by any other means in whole or part, without the prior written consent of Elisabeth Chocolate Bar. The Website IP is the property of Elisabeth Chocolate Bar or a third party who has contributed to the Website.

Nothing on the Website or in these Terms and Conditions should be construed as conferring a licence or right to use the Website IP unless the prior written consent of Elisabeth Chocolate Bar.

 

DEALINGS WITH THIRD PARTIES

The Website may contain a link or pointer to an Internet website operated by a third party. These links are provided for your information and convenience only, and the inclusion of a link does not constitute an endorsement by us. We make no representation in relation to, and is not responsible for the content, products, services or security of any website operated by a third party. You link to
the website of a third party at your own risk.

We are not responsible for any loss or damage deriving from the use, content, products, services or security of a website operated by a third party. We are not bound by any dealing that you may enter into with a third party. The terms and conditions of a third party website govern any dealing you may have with that third party. If there is an inconsistency between these Terms and Conditions and
the terms and conditions of a third-party website, these Terms and Conditions will apply. You should also be aware that a third party may collect your personal information via its website. A third party is governed by its own privacy policies and practices, not our Privacy Policy and practices. We make no representation about, and is not liable for, the privacy policies and practices of a third party.

We encourage you to learn about the privacy practices and policies of a third party before linking to its website and/or providing personal information pursuant to the use of that website.

 

COOKIES

We may use cookies to collect information about how you use the Website. Cookies are small text files that websites or apps may place on your computer or device. We use cookies to provide you with a more consistent experience across our Website.  We record a variety of information from interactions with our online services including

IP addresses, locations data (where available and not disabled by the user), dates, times, and other user activities. In most cases we will not be able to reasonably identify an individual from the information collected. However, if cookie information is linked with personal information we hold about you, this cookie information becomes personal information and will be treated in the same manner as the personal information to which it has been linked. You can remove or reject cookies by adjusting the settings on your web browser.

 

COMPETITIONS AND PROMOTIONS

From time to time we may run competitions and promotions. These competitions and promotions may be subject to separate terms and conditions in addition to these Terms and Conditions. Any additional terms and conditions will be made available on
the ELISABETH website. Please read all additional terms and conditions before participating in any competition or promotion.
Involvement in a competition or promotion will be deemed as acceptance of these Terms and Conditions and any additional Terms and Conditions governing the competition or promotion.

 

FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS

If you fail to comply with these Terms and Conditions as amended from time to time, we may without limitation, in our absolute discretion and without notice: suspend or terminate your access to the Website; or take legal action where necessary.

 

LIABILITY

To the maximum extent permitted by the law and subject to the Our Return and Exchange Policy: We expressly disclaim all representations and warranties of any kind contained on the Website, unless otherwise stated. We are not liable for any loss, damage, cost, expense, liability, action, claim, judgment or penalty whatsoever arising directly or indirectly as a result of or in
connection with:  your use of the Website; your inability to use the Website for whatever reason; the deletion, correction, destruction, damage, loss or failure to store or retain information;

any unauthorised access to the Website; the transmission of any virus onto your computer; the unauthorised alteration of data or transmissions; any other matter relating to the ELISABETH website; and any breach of these Terms and Conditions by you.

 

INDEMNITY

You agree to indemnify and hold Elisabeth Chocolate Bar harmless against any loss, damage, cost, expense, liability, action, claim, judgment or penalty suffered by Elisabeth Chocolate Bar arising directly or indirectly as a result of or in connection with: a breach of these Terms and Conditions by you; your access to or use of the Website; or a breach of New Zealand and/or International intellectual property laws by you.

 

SEVERANCE

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue to apply.