Terms of Sale
I. Applicability of General Sales Conditions
1.1. These General Sales Terms and Conditions apply to any and all purchases and sales that are in any way described, mentioned, promoted or listed on the Boon Chocolate online website (“Boon”, “We”, or “Us”) for Boon Chocolates, Sydney Australia.
Any terms and conditions not expressly included herein are excluded. By placing an order, the Customer accepts these General Sales Terms and Conditions. Boon reserves the right to modify the General Sales Terms and Conditions at any time. All new transactions with Boon entered into after the effective date of any such modification shall be governed by the modified Terms and Conditions.
1.2. No additional condition sought to be introduced by any purchaser shall be deemed applicable unless expressly accepted in writing by an authorized officer of BOON. The failure of BOON to exercise one or more of its rights hereunder shall not be deemed a waiver of those or any other rights.
II. Requests and confirmation
2.1. Orders may be made:
By internet: www.boonchocolateshop.com.au
Orders will be processed at 10:00 am every morning and will have a cut off time of 3:00 pm for delivery. Any order after 3:00 pm, will be delivered the next business day. Most deliveries will be based on Australia’s Post Next Business Day Express mailing network or by Mail Call Couriers Australia for same day deliveries in Sydney.
Please provide specific and clear information as to your name (as it appears on any credit card you may provide), billing address, shipping address (PO boxes not accepted) and mode of payment are critical. We cannot be responsible for errors in information that is provided to us. Costs resulting from such errors will be charged to the purchaser.
2.2. Once an order has been placed, cancellations or changes will not be accepted. However, in exceptional situations, Boon will try to honor requests for changes. A fee will be charged in the event Boon is able to effect a requested change. In no event can a change be made once a shipment has been accepted by the shipping service.
2.3. Each order is subject to approval by Boon. Boon reserves all rights to reject any order due to insufficient stock, incomplete customer information, or for any other lawful reason. Boon undertakes to inform the purchaser within two (2) business days following receipt of an order if there will be a problem filling it.
3.1. Unless otherwise noted, all Boon pricing and other charges are stated in Australian Dollars ($) including GST (10%). Prices are subject to change.
3.2. Shipping charges, which are payable by the purchaser, are extra, and vary by destination. Details are available upon request from BOON. The customer will be informed of the total costs of shipping prior to making final payment
IV. Payment at time of order
4.1. All purchases are subject to immediate payment using Visa or MasterCard.
4.2. Please pay attention to detail when providing credit card and shipping information. Make sure to inform us as to the type of card and to give us your account number, security code and the expiration date, as well as your name exactly as it appears on your card.
V. Availability of Products
As the products are all handmade in limited quantity some of the products maybe out of stocks and therefore unavailable. Please call us to discuss your own personal requirements. We are more than willing to work with you to fulfill your chocolate experience.
Certain special gift items are unique and hand crafted and, therefore, available only in small quantities. To confirm availability, please call Boon before ordering.
VI. Delivery of Products
6.1. Product Shipping
6.1.1. The accuracy of the shipping information provided by the purchaser is crucial in making sure that orders can be delivered properly. Boon cannot be held responsible for incomplete or erroneous delivery instructions.
6.1.2. After acceptance of an order, Boon will prepare and forward it to the shipping service. Although Boon can assure delivery to most specified locations, it is up to the purchaser to verify receipt with the shipping service. Failure to identify properly to the shipping service problems with delivery may result in the purchaser’s inability to make a successful claim. Most shipping services require a signature upon delivery. Once the product is delivered according to shipping instructions, neither Boon nor the shipping service can be held responsible for loss or for damage caused by environmental conditions.
6.2. Shipping charges
6.2.1. Deliveries are made on BUSINESS WEEKDAYS and, for an extra charge, Saturdays. (No deliveries are made on Sundays or holidays).
HOURS OPEN FOR ACCEPTING ONLINE ORDERS FOR SAME DAY DELIVERY:
(EASTERN STANDARD TIME) MONDAY TO FRIDAY 10:00 AM – 3:00 PM
*If an order is received after 3:00 pm, the order gets processed the next business day.
* Same Day delivery: Only available within 15 km radius of City of Sydney (Post Code 2000).
HOURS OPEN FOR ACCEPTING ONLINE ORDERS FOR (NEXT DAY) DELIVERY:
(EASTERN STANDARD TIME) MONDAY TO THURSDAY 10:00 AM – 3:00 PM
If an order is received after 3:00 pm, the order gets processed the next business weekday.
If an order is received on Friday, then orders are processed on Monday.
Priority Overnight Delivery: 24 hours – Arrive at destination next day.
6.2.2 Shipping charges may vary depending upon the location, sizes of the boxes, or price increase that is beyond the control of Boon. The shipping price lists on the Boon website is just a guideline and actual total costs may vary depending upon the circumstances.
6.2.3. BOON will not be responsible for delays caused by events beyond its control, including strikes, natural disasters or terrorism.
Shipping times may be longer during busy holiday seasons (CHRISTMAS, VALENTINE’S DAY, EASTER AND MOTHER’S DAY).
Advise: Good idea to send products a few days earlier than doing it in the last minute. J
VII. Transfer of Risk
The purchaser assumes risk of product loss or deterioration once the product is tendered to the delivery service.
VIII. Complaints & Suggestions
8.1. Boon prides itself on the high level of its products and service. If you have constructive criticism or a complaint, please contact us at once. We will work hard to make you happy. Damage claims should be clearly described in writing, dated and signed.
8.2. All claims must be received by Boon within 48 hours of product delivery. Claims received thereafter may not be honored. No claim for defective product can be processed without return of defective product. Claims should be sent to Boon Chocolate, by email or by postal service or courier offering proof of delivery of the parcel to Boon. The address for claims is as follows, depending upon origination of your delivery:
251 Victoria St. Darlinghurst NSW 2010 Australia
8.3. No claim will be reviewed unless accompanied by a written explanation of the problem, as well as the damages occasioned thereby. After an analysis of the situation, Boon at its own discretion will determine the appropriate remedy, which may include a refund of payment or a reshipment of product.
8.4. BOON SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIT, LOSS OF PROFIT, REVENUE OR OTHER BENEFITS ARISING FROM CLAIMS HEREUNDER, OR FOR CLAIMS AGAINST THE PURCHASER BY ANY THIRD PARTY.
9.1. Returns will be accepted by Boon only upon its prior written agreement and in no case more than 48 hours after delivery to a recipient.
9.2. Where Boon accepts a return in the case of an obvious flaw or the nonconformity of the products delivered with an order, Boon will allow the free replacement of the product or the return of the amount paid by the purchaser. In making a purchase, the purchaser, on behalf of itself and any recipient of the purchase, waives any additional claims it may have, including for interest and other payments.
X. Right of access and correction
Because of our concern with the protection of your private life and information personal to you, Boon treats with the strictest confidentiality all personal information it receives about its customers. We will request from a purchaser only the information (including name and street and email addresses) necessary to fill and follow-up on an order.
10.2. Customer Communications
You also are encouraged to tell us how we can keep you up-to-date with our product line, especially seasonal specials. We would be happy to communicate with you, and to have you communicate with us, by mail, email or telephone.
Our mailing address:
251 Victoria St. Darlinghurst NSW 2010 AUSTRALIA.
11.1. Boon guarantees the quality and freshness of its products for three weeks from the time they leave our shop, so long as they are handled and stored as recommended by the materials that accompany each shipment.
11.2. EXCEPT AS SET FORTH IN THIS SECTION, BOON MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO ITS PRODUCTS, INCLUDING ANY WARRANTIES AS TO THE FITNESS OF ITS PRODUCTS FOR A PARTICULAR PURPOSE. ANY SUCH ADDITIONAL WARRANTIES HEREBY ARE DISCLAIMED.
XII. Governing law
All transactions shall be governed by the laws of the New South Wales, Australia without regard to its choice of laws provisions.
XIII. No Resale
Consumers agree that product purchased from Boon is for personal use (including gift-giving) and shall not be resold.