Last Revised: 09 March 2026
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the User / Client and The Cheeky Project Perth Pty Ltd (ABN 59 615 939 949) trading as Cheeky Cacao (“we”, “us”, “our”).
These Terms govern your access to and use of our website, online store and services.
1. Terms of Use
- By accessing or purchasing from our website you agree to be bound by these Terms and Conditions and our associated policies.
- If you do not agree to these Terms you must not use our website or services.
- We reserve the right to update these Terms and associated policies from time to time. Any updates will be published on this page with the revised date.
2. Service Description
- Cheeky Cacao operates an online store offering chocolate and related products.
- Items sold through our online store are referred to as “Products”.
- Business hours vary depending on market trading and production schedules. General enquiry hours are 9:00am – 5:00pm Monday to Friday (excluding public holidays).
3. Privacy Policy
- We are committed to safeguarding your privacy.
- Our Privacy Policy explains how we collect, use and protect personal information and forms part of these Terms.
4. Links
- Our website and associated social media platforms may contain links to third-party websites.
- These links are provided for convenience only. We do not control or endorse the content, privacy practices or security of third-party websites.
- Accessing third-party websites is done at your own risk and you should review their terms and policies.
- All prices displayed on the website may change without notice.
5. Payments
- All prices are listed in Australian Dollars (AUD).
- Payment is processed through Shopify Payments and other authorised payment providers.
- Payment may also be made via Direct Deposit (EFT) upon request.
- Orders will only be confirmed once full payment has been received.
- We reserve the right to change pricing at any time.
6. Deliveries
- Products purchased from Cheeky Cacao may be delivered via:
- Australia Post
- a courier company or local delivery service
- hand delivery where available
- Delivery addresses cannot be changed once an order has been processed.
- We take reasonable care to package products securely for transit.
- Once an order has been handed to Australia Post or a courier service, responsibility for delivery rests with the delivery provider.
- Orders are typically processed within 3 business days.
- Estimated delivery time is 2–5 business days, however during busy periods delivery may take up to 7 business days.
- To help ensure the safe delivery of your products, we recommend someone is available to receive the order.
- If no one is available to receive a delivery, the parcel may be redirected to the nearest post office or depot.
- In cases of extreme weather or unsafe delivery conditions we may delay delivery until a safe delivery time can be arranged.
- If a product arrives damaged due to an error on our part, we may offer a replacement or refund on a case-by-case basis.
7. Cancellations and Refunds
- Due to the perishable nature of our products we do not offer refunds or exchanges for change of mind.
- This policy does not affect your rights under Australian Consumer Law.
- If a product is incorrectly priced or described due to an error we reserve the right to cancel or amend the order.
- If a product arrives damaged or faulty due to an error on our part, a replacement or refund may be offered.
- Any requests for refunds outside these circumstances will be considered at our discretion.
8. User’s Obligations
- You agree that you will:
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- comply with these Terms and all applicable laws;
- provide accurate information when placing an order;
- not use our website or services for unlawful or improper purposes.
9. Intellectual Property
- All content on the Cheeky Cacao website including images, recipes, text, graphics, logos and design elements are protected by copyright and intellectual property laws.
- Content may not be reproduced or distributed without permission.
- If images from our website are shared on social media they must be credited to Cheeky Cacao and linked back to our website.
10. Liability
- We take reasonable care in the preparation and packaging of our products.
- Once products have been delivered we are not responsible for deterioration resulting from improper storage or handling.
Products include detailed ingredient and allergen information. Customers are responsible for reviewing ingredient information before purchase.
- Products include a best-before date which applies when products are stored in accordance with the storage instructions.
- We are not responsible for products consumed after the best-before date or stored incorrectly.
- To the extent permitted by law, we are not liable for indirect or consequential loss arising from the use of our website or products.
11. Disputes
- If you have a complaint regarding our services or products please contact us at: hello@cheekycacao.com.au.
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We will attempt to resolve disputes directly in the first instance.
12. Governing Law
- These Terms are governed by the laws of Western Australia.
- Any disputes arising in connection with these Terms will be subject to the jurisdiction of the courts of Western Australia.
13. Law Enforcement
- We may cooperate with law enforcement authorities where required to comply with legal obligations or lawful requests.