Last Revised: 27 September 2022
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and The Cheeky Project Perth Pty Ltd (“The Cheeky Project”), trading also as Cheeky Cacao (“we”, “us”) (A.B.N. 59 615 939 949) and contain the terms and conditions that apply to your access and use to The Services provided by Us.
1. Terms of Use
1. Please read these terms and conditions (the “Terms”) carefully. By engaging us, you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, engage or access (or continue to use or access) the Service.
2. The Cheeky Project reserves the right to modify this Agreement and/or the Policies (and update The Cheeky Project Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
2. Service Description
1. The Cheeky Project is a an online chocolate store; and blog.
2. Items sold through the online chocolate store will be referred to as “Products”.
3. Business Hours for The Cheeky Project varies dependent on market and trading days. Generally, office hours for any enquiries are 9:00am to 5:00pm, Monday to Friday, excluding Public Holidays.
3. Privacy Policy
1. The Cheeky Project is committed to safeguarding your privacy online. Please review our privacy policy here.
4. Links
1. This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that The Cheeky Project endorses, has investigated or verified the linked websites.
2. The Cheeky Project makes no warranty or representation concerning these links or the linked websites and you acknowledge that The Cheeky Project is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.
3. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
4. All prices displayed of services advertised on the Website, can be changed without notice.
5. Payments
1. Payment of services and/or products will be in Australian Dollars (AUD).
2. Payment will be made via Credit Card (through our payment merchant) or Direct Deposit (Electronic Funds Transfer - EFT, on request).
3. Full and punctual payment for product(s) will be required, to confirm orders with The Cheeky Project.
4. In the event of non-payment:
1. all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
2. where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
5. The Cheeky Project reserves the right to amend and/or change the pricing and rates at any given time.
6. Deliveries
1. Products purchased from The Cheeky Project will be transported either through:
1. Australia Post; or
2. a courier company / local delivery service; or
3. hand delivered by us.
2. Delivery addresses cannot be altered once an Order has been processed.
3. The Cheeky Project makes very reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.
4. Ownership of the parcels turned over to Australia Post or a third party engaged by The Cheeky Project transfers to the buyer. The Cheeky Project will not be responsible for any loss, or damage to packages (with the exception of Clause 6.10). We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post or the courier company engaged by The Cheeky Project.
5. Orders will be processed within 3 business days of receipt. Once your order has been processed, you will be provided with a tracking number for Australia Post or our chosen Courier/Delivery Service. Should you have any questions related to your delivery, please contact the delivery company indicated on your shipping notification with your tracking number.
6. The estimated delivery time-frame will range between 2-5 days. Please note however, this is an indication only. At certain times of the year, it can go beyond this, therefore we recommend allowing up to 7 business days for deliveries.
7. To ensure the safe delivery of your product(s), we recommend that someone is available to receive your order.
8. In circumstances where no one is present to receive the delivery, Australia Post or the delivery company may return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery.
9. If owing to a storm or poor weather, and The Cheeky Project, or its associated couriers do not feel it to be safe or viable to leave a product(s) at a Client’s home unattended, we reserve the right to delay delivery until a time can be arranged to re-deliver the delivery.
10. If a parcel or delivery is delivered, and is damaged owing to bad weather or storm, The Cheeky Project may in some instances (as assessed on a case by case basis) offer a replacement.
7. Cancellations and Refunds
1. All products sold from The Cheeky Project are final, and are sold on a no return or credit basis, (Subject to Clause 7.4) once an order has been complete, and payment has been processed.
2. Pursuant to relevant Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, The Cheeky Project reserves the right to cancel and/or amend a transaction.
3. Where payment has been processed under circumstances as specified under Clause 7.2, an immediate refund (exclusive of any postage and handling costs) will be issued.
4. Where a Product ordered and received arrives in a damaged state, and it was a fault from us, The Cheeky Project, a replacement or refund will be offered.
5. Any requests for cancellations or refunds not specified above will be at the sole discretion of The Cheeky Project, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.
8. User’s Obligations
1. You agree that at all times that:
1. You will comply with this Agreement (including all The Cheeky Project Policies) and all applicable laws and regulations;
2. You will provide accurate information, to the best of your knowledge, to The Cheeky Project;
3. You will not use The Cheeky Project or any of its related services for any illegal or immoral purpose.
9. Intellectual Property
1. The information, recipes, blogs, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of The Cheeky Project Website and or any of its Platforms are protected by copyright, trade mark and other intellectual property laws.
2. If images from The Cheeky Project are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to thecheekyproject.com.au.
3. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by The Cheeky Project.
10. Liability
1. The Cheeky Project is protected by Zurich Australian Insurance Limited (ABN 13 000 296 640).
2. The Cheeky Project accepts no liability for any loss or deterioration of any goods once they have been delivered to you or your representative. We will not be held liable for any financial or physical damages of any kind.
3. Further, in no event shall The Cheeky Project, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
1. the use of The Cheeky Project;
2. the use of information provided by you through for The Cheeky Project and or its platforms; or3. you or anyone else being unable to access The Cheeky Project for any reason; or
4. You indemnify The Cheeky Project against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by The Cheeky Project, arising out of, or in connection with your breach or non-observance of any term of these Terms and Conditions.
5. Products sold through The Cheeky Project will include a clearly specified nutrition information panel which will outline allergen statements as well as contain a detailed listing of all ingredients used for each product.
6. The Cheeky Project will not be held liable to you or anyone for omitting to read and fully acknowledge the detailed ingredients list specified for each of the product(s) available through The Cheeky Project. It is presumed that purchases of products are done so, after understanding and acknowledging the ingredients in the product(s).
7. Products sold through The Cheeky Project will include a clearly marked with best before date. This date applies on the condition that the products are correctly stored, in accordance with the storage instructions included on the label.
8. The Cheeky Project will not be held liable to you or anyone for products that are consumed beyond the marked best before date or that have not been correctly stored.
9. The Cheeky Project, nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of The Cheeky Project, including such conduct or material transmitted by means by any other person.
11. Disputes and Mediation
1. If the Client has a complaint about the Service they have received from The Cheeky Project, please contact us directly through hello@thecheekyproject.com.au.
2. Mediation will be the first cause of action, if communications between the Client and The Cheeky Project to attempt to resolve the dispute has exhausted.
3. All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
12. Choice of Law
1. The agreement herein is governed by the law in force in the State of Western Australia and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
2. If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
13. Law Enforcement
1. The Cheeky Project reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.