These Terms and Conditions apply to your use of the Pana Chocolate website. In these Terms and Conditions, “us”, “we” or “our” means Pana Chocolate (ABN 41 158 976 759) of 491 Church St Richmond VIC, Australia 3121.
Your order will be shipped by either Australia Post Express Post express service or Toll parcel services. A standard shipping fee of AUD$8.00 applies to all orders. Please allow 1 – 7 working days for delivery.
Most orders will ship out within 1 business day of ordering. Orders are subject to verification and approval before shipping and may take up to 48 hours to process. Please note that we do not ship on Saturdays, Sundays or public holidays. While we will do all we can to ensure your order is delivered on time, Pana Chocolate cannot be held responsible for conditions beyond our control such as severe weather, service interruptions, etc.
Please note that our delivery options refer only to the delivery time frame and not to the time required to prepare your order. While most orders are ready for shipping within 1 day of ordering, some orders may take additional time.
Pana Chocolate ships directly to Mainland UK and the following European destinations – Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland. To order, select the UK or Europe store from the menu to start shopping.
We understand that from time to time you may wish to return a product to us. We have created this 10-day returns policy to enable you to return products to us in appropriate circumstances. This returns policy applies to customers irrespective of your geographical location. This policy does not affect any statutory rights you may have (under such consumer rights legislation that may be currently enacted).
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where: (a) we receive the returned product within 10 days following the date of receipt of the product; (b) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new; (c) you comply with the returns procedure set out below; and (d) none of the exclusions set out below apply.
(3) Returns procedure
In order to take advantage of your rights under this returns policy, you must initially inform us of your intention and reason for the return. Products returned under this policy must be sent by recorded delivery to: Pana Chocolate Pty Ltd. 491 Church St, Richmond, Australia, 3121. You will be responsible for paying postage costs associated with returns under this policy unless a prior agreement is reached.
The following kinds of products may not be returned under this policy: (a) Product liable to deteriorate within the period set out in Section 1 and 2 above; (b) any product made to your specification; (c) any product made to order.
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and excluding the costs of returning the product to us unless a prior agreement is reached. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.
(6) Improper returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product): (a) we will not refund or exchange the product; (b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and (c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
(7) About us
Our full name is Pana Chocolate Pty Ltd. Our registered office is 491 Church St, Richmond, Australia, 3121 and our principal trading address is the same. Our company ABN is 41 158 976 759. Our email address is firstname.lastname@example.org
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Pana Chocolate Pty Ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you may have to create an account with us and log in; if you are an existing customer, you may be asked to enter your login details; (iii) once you are logged in, you may be asked to select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English. Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order.
(4) The products
Pana Chocolate bars, gift packs, speciality items and collaboration items.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products must be made by PayPal or credit card and any method detailed on the website from time to time. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of the products.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us. We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section 12. You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us. If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Consumers: statutory rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
(11) Business customers: limitation of warranties
This Section applies only to business customers, not consumers. We warrant to business customers that the products purchased from our website will: (a) conform in all material respects to any applicable specification of such products issued by us; and (b) be free from material defects in materials and workmanship for a period of 6 months from the date of delivery of the products. These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
(12) Business customers: returns policy
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section 9. Products may only be returned to us with our prior agreement at your expense and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products. Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section 11, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(14) Force majeure
In this Section and Section 15 below, “force majeure event” means: (a) any event which is beyond our reasonable control; (b) the unavailability of raw materials, components or products; and/or (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith. We will take reasonable steps to mitigate the effects of the any force majeure event.
(15) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Subject to this: (a) we will not be liable for any losses arising out of a force majeure event; (b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer’s or our instructions or recommendations, or any alteration carried out by you or any third party; and (c) if you are a business customer: (i) our liability in connection with any product purchased through our website is strictly limited to [the higher of the purchase price of the relevant product and the replacement cost of the relevant product; and (ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.
(16) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(17) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract. If you are a business customer, we may cancel a contract to supply products made under these terms of sale if: (a) you cease to trade; (b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; (c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; (d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or (e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
(18) Consequences of cancellation
Upon the cancellation of a contract in accordance with Section 17: (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and (c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 11, 12, 15, 16, 18 and 20 will survive termination and have effect indefinitely.
(19) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(20) General terms
(21) About us
Our full name is Pana Chocolate Pty Ltd. Our registered office is 491 Church St, Richmond, Australia, 3121 and our principal trading address is the same. Our company ABN number is 41 158 976 759
Our email address is email@example.com
(2) Licence to use website
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer. Prices stated on our website may be stated incorrectly. The purchase of products via our website will be subject to our terms of sale. We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(5) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(6) Limitations of liability
(12) Exclusion of third party rights
(13) Entire agreement
(14) Law and jurisdiction
(15) Registrations and authorisations
We are registered with ASIC. Our ABN number is 41 158 976 759.
(16) Our details
The full name of our company is Pana Chocolate Pty Ltd. Our registered address is 491 Church St, Richmond VIC, Australia, 3121. You can contact us by email to firstname.lastname@example.org
Pana Chocolate First Taste Competition
1) Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry.
2) Pana Chocolate will give away 8 prize packs of 45g bars. Each winner will receive one pack of mixed flavours.
3) To be eligible, entrants must comment on a corresponding Instagram #firsttaste video post, and tell us their favourite 45g bar flavour, which flavour they’d like to #firsttaste, tag 2 friends and follow @pana_chocolate.The promotion is open from Thursday 26 July 2018, 20:30 AEST to Saturday 25 August 2018, 20:30 AEST. There will be 8 videos posted during the competition period. The entrants for each draw will consist of all valid entries within 48 hours of each post going live.
4) Entry is free and open to Worldwide, aged 18 years or older who submit a valid entry on Instagram @pana_chocolate. Employees and immediate families of the Promoter and partners, suppliers, providers and agencies associated with this promotion are ineligible to enter.
5) The Promoters, Pana Chocolate, reserve the right to request proof of residency at the stated address and identification for verification (to the Promoter’s satisfaction in its discretion) before issuing the prize. Incomplete or incomprehensible entries will be deemed invalid. Entries containing and/or depicting illegal, sexually explicit or morally or racially offensive content will be ineligible to win. The Promoter’s decision to disqualify an entry is final and no correspondence will be entered into. No responsibility will be taken for lost, late or misdirected entries. Entrants may enter as many times as they like (one entry per unique valid email address) for the duration of the competition.
6) The winner will be chosen by a Pana Chocolate representative after 48 hours of each post being made, at Pana Chocolate, 491 Church Street Richmond Victoria, 3121, Australia. The prize drawing process will extract all eligible entrants and chose a winner using the web-tool www.random.org to determine the winner).
7) The winner will be notified by email or direct message following the draw (within 24 hours). Their name and entry will be published via our social networks. In the event that the prize notification email is returned as undeliverable, such prize will be forfeited and an alternate winner will be selected from all remaining (non-winning) eligible entries. Names of the winner/s (first name, last initial and city/state of residence) may also be announced in the Pana Chocolate e-newsletter.
8) The Promoter may award the prize to the second chosen entry if the prize remains unclaimed within a 1 month period after the prize notification email is sent. In the event of any winner in the unclaimed prize judging, the winner will be notified by email or direct message.
9) The prize is not transferable and not redeemable for cash. Any vouchered funds not used will be forfeited.
10) The prize is valued at $AUD 94.80
11) The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures.
12) If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
13) The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this promotion.
14) Your email data will never be sold or shared with another company. You will only receive emails from Pana Chocolate and partners you have opted in to receiving emails. You can unsubscribe at any time.
15) The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
16) The Promoter is Pana Chocolate 491 Church Street Richmond VIC 3121, Australia. A.B.N 41 158 976 759.