These Terms and Conditions govern the use of Mámorchocolates.com ("the website"), the purchase of any goods and services from it, as well as physical patronage in our Szalón ("shop") operated and managed by ("Mámor Chocolates Pty Ltd") (ABN 40 693 140 425).  These Terms and Conditions should be read in conjunction with our FAQ.

Please feel free to contact Mámor Chocolates to discuss any aspect concerning our terms and conditions, if they are not clear or you would like further explanation or to request any third party terms and conditions. We are here to help you. If you need more assistance you can always contact our Customer Service on 03 9419 3869 between 10:00am - 5:00pm AEST Wednesday-Sunday (excluding public holidays), or via our contact page.

Acknowledgement and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Mámor Chocolates Pty Ltd reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Booking Conditions

We endeavour to provide as much information through our website and other media as possible. The descriptions and images of activities, events, packages, etc. are created for your ease but may differ from what is depicted. Prices are current at the time of producing the marketing material. We reserve the right to change the content, date and location of the activity, event, and package if we deem it essential.

Mámor Chocolates reserve the right to change costs, activities, events and packages; however, you will be notified if we need to do this. In the event that Mámor Chocolates cannot re-schedule or re-locate the activity or event, then a full refund (minus transaction costs) will be issued. Mámor Chocolates reserves the right to exclude anyone or group of persons if deemed unfit, unreasonable, and irresponsible.

By paying a deposit and / or final / or full payment transaction, it is accepted that you have read, understood and agreed to such terms and conditions. If you do not agree or would like to discuss the terms and conditions before you make any purchase, please contact us.

Payment and Cancellations

A deposit may be required to secure a given activity, event or package. No date is reserved until we have cleared funds. Once confirmation is confirmed it is your responsibility to check that a package or event is correct. Once payment has been received by Mámor Chocolates, it will be accepted that you have read, understood and can comply with the terms and conditions.

By submitting an reservation, you certify that you are authorised to agree the Booking Terms and Conditions on behalf of all said persons expected to attend the event, including those added at a later date. You must be 18 years or over. If you wish to cancel any part of the booking you should advise us immediately by telephone at 03-9419-3869, and then followed by an email to info@mamorchocolates.com.

Deposits and final payments can be made via (electronic) bank transfer, cheque, voucher, cash, or credit card given over the phone at 03-9419-3869, or via PayPal which provides the option of payment via credit card.

Mámor Rewards Club Terms & Conditions
Your Joining High Tea Voucher will be sent to you by physical mail within thirty days of joining. Your Birthday High Tea Voucher will be sent to a month prior to your birthday. It can only be used in the thirty days prior to or after your birthday. After you use your Joining Voucher and your Birthday Voucher, you will receive a Loyalty High Tea Voucher.

Voucher offers may not be combined. You must have a booking for yourself and at least one other full-paying guest in order to redeem each voucher. Be sure to mention that you have the voucher when you make the booking!

You may register for the Rewards Club only once. As a condition of joining, you must provide certain contact and personal information. Vouchers are subject to additional terms and conditions printed on the voucher itself. It may include terms such as "You must dine with at least one other paying guest to receive your service" and "not available Sunday or Public Holidays" as well as other conditions.

You may be asked to show proof of identity and birth date on redemption. Your Rewards Club voucher may not be used in conjunction with any other offer. Please bring your voucher and a valid form of Date of Birth ID to confirm the discount for your group.
This program may be modified or withdrawn at any time.

Cancellation by Mámor Chocolates

Occasionally, we have to make changes to and correct errors on our website descriptions and other details both before and after bookings have been confirmed or to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If we have to make a significant change to or cancel your booking, we will advise you as soon as possible. We shall endeavour to offer you an excellent alternative should any significant change or cancellation occurs.

Personal Behaviour

We expect our customers to have consideration for other people, in particular noise levels. If our opinion or in the reasonable opinion of any other person in authority, you or any member of your party behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage our reputation and / or goodwill, we are entitled, without prior notice, to terminate the participation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the event. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

In the case of damages to our physical stock, we expect to reclaim fair-market value plus 50%.

Limitation of Liability

Any liability of Mámor Chocolates Pty Ltd in connection with goods or services supplied to you, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Mámor Chocolates Pty Ltd, will be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Mamor will take all reasonable steps to ensure the safety and well being of our guests on the Chocolate History Tour. However, we assume no liability for injuries, damages, losses and accidents incurred during the tour. We assume tour guests have their insurance.

Disclaimer

The information contained on the website is provided by Mámor Chocolates Pty Ltd in good faith. To the best of Mámor's knowledge, the information is accurate and current. However, Mámor and its related bodies corporate, any of their directors, officers, employees, or consultants do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Mámor Chocolates Pty Ltd disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mámor Chocolates Pty Ltd makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Mámor Chocolates Pty Ltd will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

Copyright in the Mámorchocolates.com website is property of Mámor Chocolates Pty Ltd . Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Mámor Chocolates Pty Ltd and third parties. This property may only be used for the purposes of browsing the Mámorchocolates.com website and acquiring goods and services from Mámorchocolates.com.

Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

Information Provided by You

If you purchase goods and services from Mámorchocolates.com or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Mámor Chocolates Pty Ltd with current, complete and accurate customer information when asked to do so by the website or an employee of Mámor Chocolates Pty Ltd.

In contributing photos or other material to us, you agree to grant us a royalty-free, non-exclusive license to publish and otherwise use the material in any way that we want, and in any media worldwide.

It’s important to note, however, that you still own the copyright to everything you contribute to us and that if your photo and / or video, article is accepted; we can publish your name alongside it on the website. We cannot guarantee that all photos and / or video, article, etc will be used and we reserve the right to safely edit your comments.

Virus Warning

All care is taken to ensure that Mámorchocolates.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Privacy

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions.

Membership in the Rewards Club

A Mámorchocolates.com Rewards Club account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.

Mámorchocolates.com accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As a Mámorchocolates.com account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.

Product Information

Prices of goods and services and delivery and other charges displayed on the Mámorchocolates.com website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Some products available on Mámorchocolates.com may not be immediately available for despatch, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will contact you accordingly.

Placing and Accepting Orders

Orders for goods will not be despatched until payment in full has been received and Mámorchocolates.com is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, Mámorchocolates.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us

We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel an order, please contact us immediately on (03) 9419 3869. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges

Mámorchocolates.com will not exchange or refund goods unless they were damaged or faulty when purchased.

Mámorchocolates.com will refund up to $AUD10.00 in delivery fees to return damaged or faulty goods. This will be refunded according to the original method of payment.

Goods Damaged or Faulty on Delivery

Except where required by law, you must return damaged goods within 7 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply.

In the event that you receive a defective or damaged product, we will refund the original product price and delivery via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Mámorchocolates.com.

Promotions and Competitions

Other Terms and Conditions not listed herein and applying to Mámorchocolates.com promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Suppliers

If you enter into a transaction through Mámor Chocolates Pty Ltd to purchase services or vouchers for those services supplied directly by a third party, Mámor Chocolates Pty Ltd is not responsible for the provision of those services or for any misunderstanding between you and the supplier.

In all arrangements involving the direct provision of services by third parties, Mámor Chocolates Pty Ltd accepts no liability of any kind in connection with or arising from such an arrangement.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Mámor Chocolates Pty Ltd which relate to or are incidental to any transaction.

You agree to indemnify and hold Mámor Chocolates Pty Ltd harmless from and against any and all claims, loss or expense that may be incurred by Mámor Chocolates Pty Ltd which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Mámor Chocolates Pty Ltd harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity

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