DISCLAIMER ACCEPTANCE OF TERM OF USE

DISCLAIMER

ACCEPTANCE OF TERMS OF USE

NOMAD TRAIL PTY LTD founder of “Nomad Chocolate” provides website services to you subject to the following Terms of Use (TOU), which may be amended by us from time to time with no notice to you. When using any Nomad Chocolate website services you are also subject to any rules or guidelines which may be posted, and/or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

PAYMENT TERMS AND SALES TAXES

These Terms and Conditions of Sale apply to the purchase and sale of products through www.nomadchocolate.com (referred to as the “Website”). 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.  We accept most major credit cards for purchases.  We use PayPal as the payment processor. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.  Purchase orders from businesses may be accepted upon credit approval of and payable on terms set for your account or such other terms as we may approve or require. All applicable sales taxes will be added in addition to the purchase price for any products purchased. Charges for shipping and handling will be made in accordance with our then-current shipping policies.

RISK OF LOSS

All items purchased from Nomad Chocolate website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DELIVERY OF GOODS

Items are shipped standard via a combination of couriers and Australia Post. NOMAD TRAIL PTY LTD (Nomad Chocolate) does not accept responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the following box.

RETURNS POLICY

Returns are only accepted with prior approval from NOMAD TRAIL PTY LTD (Nomad Chocolate) where a return authority number (RAN) will be issued and must be within 10 days of invoice. To return products, you must e-mail our Customer Service team at hello@nomadchocolate.com to obtain a Return Authorisation Number (RAN) before shipping your product.  NO returns of any type will be accepted without an RAN.  For faster service, please include the following information when emailing for an RAN: customer name, invoice or order number, and nature of the problem. To expedite the processing of your refund or credit, we ask that products be returned within 5 days of the date that we issue the RAN. The RAN will be issued 2 working days after the request is received. A 15% restocking fee applies and the item must be unused and the packaging in new condition. NOMAD TRAIL PTY LTD (Nomad Chocolate) will also accept returns in accordance with New South Wales and Australian law.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by NOMAD TRAIL PTY LTD (Nomad Chocolate) are GST inclusive. NOMAD TRAIL PTY LTD will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means ‘tax invoice’ as defined by the Act.

PRODUCT DESCRIPTION

NOMAD TRAIL PTY LTD (Nomad Chocolate) and its affiliates attempt to be as accurate as possible. However, NOMAD TRAIL PTY LTD (Nomad Chocolate) does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Nomad Chocolate itself is not as described, your sole remedy is to return it in unused condition.

APPLICABLE LAW

These conditions and all other specific and additional terms which govern your use of and access to Nomad Chocolate will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

COPYRIGHT

The material provided on Nomad Chocolate website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of NOMAD TRAIL PTY LTD (Nomad Chocolate) or the appropriate supplier of NOMAD TRAIL PTY LTD (Nomad Chocolate).

TRADEMARKS

The Nomad Chocolate name and the logos of the Nomad Chocolate products are registered trademarks of NOMAD TRAIL PTY LTD. Other trademarks may be displayed on Nomad Chocolate from time to time. These may belong to third parties. Nothing displayed on Nomad Chocolate should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

ACCURACY OF INFORMATION

All material on Nomad Chocolate is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Nomad Chocolate is at your sole risk. Access to Nomad Chocolate is provided on an ‘as available’ basis. Neither NOMAD TRAIL PTY LTD, its related bodies corporate nor its employees make any representation or warranty that (i) any material on Nomad Chocolate will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Nomad Chocolate will be uninterrupted, timely or secure. Nomad Chocolate will not be liable for loss resulting from any action or decision by you in reliance on the information on Nomad Chocolate, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

ERRORS AND OMISSIONS

NOMAD TRAIL PTY LTD (Nomad Chocolate) endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information. These Terms and Conditions of Sale apply to the purchase and sale of products through www.nomadchocolate.com (referred to as the “Website”).  By placing an order for products, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by NOMAD TRAIL PTY LTD without prior written notice at any time, in our sole discretion. If at any time you do not agree to the terms and conditions, please do not use this Website and refrain from purchasing from us.