ChilliBOM Terms of Service – The Highlights
These points are included in the full terms below. We’ve included some of the highlights here
- By subscribing to or purchasing from ChilliBOM you are agreeing to all conditions set out below
- ChilliBOM offers a subscription service. We deliver until you tell us not to, the exception to this are gift subscriptions which are not automatically renewed at the end of their service period.
- You can deactivate a subscription service at any time. There is no minimum term. If you cancel a 6 or 12-month pre-paid subscription service, you will continue to receive any remaining deliveries owing under the original subscription until the end of that period, you cannot receive a pro-rata refund.
- The cut-off for subscription adjustments (cancellations and address changes) made through the online customer login or via email is by midnight of the 10th of the month of the next delivery.
- All of our subscription boxes are the same. As much as we’d love to, we do not currently customise individual boxes based on preference or dietary requirements.
- Delivery is within Australia only
- Delivery will happen within a reasonable time from leaving ChilliBOM HQ and will be subject to third party carrier delivery schedules.
- Ownership of the goods will transfer to you once we have delivered to our third-party carrier.
- If a re-delivery is required at an alternative time through no fault of ChilliBOM or our logistics partners an additional fee may be charged.
Subscription Service Shipping
- Delivery of your ChilliBOM subscription happens 4 times per year on or around 15 February, 15 May, 15 August and 15 November, this is when the products leave ChilliBOM, these dates may change slightly dependent on what day of the week these dates fall (eg Saturday, Sunday or if there is a public holiday).
- The exception to this is with your first subscription box, which will be sent to you as soon as you place your order if that order happens outside of the 1st to the 15th of any given delivery month. So, to try to explain this one in more practical terms: say if you order on the 2nd Aug then your order will be delayed a few days to the 15th Aug so that you will receive the subscription box when everyone else does. But if you place your order on 28th Aug then your first box will be sent straight away. In both of these cases you will receive your second delivery (if applicable) on the 15 November when everyone else does.
ChilliBOM Terms of Service – Finer Details
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which ChilliBOM (We/Our/Us) will supply to You the products (Products) listed on our website www.ChilliBOM.com.au (Our Site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from Our Site or subscribing to one of our Services. You should understand that by ordering any of Our Products or subscribing to one of Our Services, You agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
SECTION 1 — Information about us
- We operate the website www.ChilliBOM.com.au. We are Chilli Box of the Month (ABN 95 348 073 112).
SECTION 2 — Your status
- By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident of Australia or purchasing a gift on behalf of a resident of Australia
SECTION 3 — How the subscription contract is formed between you and us
- After completing the subscription or order process on ChilliBOM.com.au, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
- The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- The subscription plan to our Services consists of an initial charge and then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. ChilliBOM.com.au may submit periodic charges (e.g., quarterly or annually) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before ChilliBOM.com.au reasonably could act. To terminate your authorisation or change your payment method email hello@ChilliBOM.com.au or login to the customer portal on the website.
- By subscribing to ChilliBOM.com.au you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Terms. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area. You can deactivate your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
- Gift Pack and Gift Subscription products which are directly referenced as such within the “Hot Sauce Gifts” section of the website will incur an initial charge upon purchase but no recurring charges at the end of the specified subscription. Products will be delivered to the gift recipient throughout the pre-paid period as specified but all deliveries will cease at the end of this pre-paid period.
- We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
SECTION 4 — Subscription Service Cancellation
- You may deactivate your subscription at any time.
- The cut-off for deactivations made in your online account or via email is midnight on the 10th of the month before the next delivery.
- To deactivate your subscription, just login to your online account and follow the steps to deactivate. If you deactivate with time left on your current subscription term you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- You may cancel your order within ten days of first making the order with us by sending us an email to hello@ChilliBOM.com.au. We have no obligation to cancel your order and refund you any money, if you wish to cancel your order for products more than ten days after placing that order with us.
- If we have accepted your cancellation request after you have received your ordered products, then you must first return those products to us in their original condition at your own expense. We have no obligation to provide you with a refund if those products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of products you return.
- If you return damaged products or if there is a shortage in the number of returned products, then we are entitled to deduct an amount (as determined by us) which represents the damage or shortage from the original payment made by you before refunding you the balance of that payment.
SECTION 5 — Change of details
- You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
- For ChilliBOM subscription orders changes to address details and/or delivery instructions must be communicated by midnight on the 10th of the month before the next delivery.
- For ChilliBOM subscription orders changes to payment details must be communicated at least 5 days prior to the effective date. ChilliBOM will not be liable for any charges you incur as a result of out of date payment information. If ChilliBOM incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
SECTION 6 — Price and payment
- From time to time ChilliBOM may need to revise the price of subscription service, individual products or delivery charges up or down. For subscription price variations, ChilliBOM will provide notice by email no less than 14 days before the changes take effect. After such time, ChilliBOM will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate your subscription before items are delivered under the new pricing plan.
- The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Product prices include taxes including GST where applicable.
- Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
SECTION 7 — Our refunds policy
- If you return a Product to us:
- Because you have cancelled the Contract between us in accordance with clause 4.4, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us.
- For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
SECTION 8 — Shipping
- Our Service area is within Australia only and we only deliver to addresses within our Service Area.
- Delivery from ChilliBOM’s location for the subscription service will occur 4 times per year on or around the 15th February, 15th May, 15th August and 15th November via a third party carrier. Delivery to You will occur within a reasonable time from this date dependent on third party carrier delivery schedules.
- Upon receipt of your initial order for your subscription, we will determine the most appropriate delivery date of your order. Generally, if a subscription order is received:
- On the 1st-14th day of a subscription delivery month, the order will be delivered on the 15th of that month.Subsequent deliveries, if applicable, will then fall in line with the subscription dates outlined in clause 8.2.
- Outside of the 1st-14th day of a subscription delivery month the current subscription box on offer will be delivered as soon as practical. Subsequent deliveries, if applicable, will then fall in line with the subscription dates outlined in clause 8.2.
- ChilliBOM reserves the right to change the delivery dates listed in clause 8.2 if it is not feasible or practical to deliver on those dates (eg public holiday or weekends)
- You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order.
- We reserve the right to change our shipping provider at any time and for any reason.
- Any products purchased by You from this site will be delivered by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by ChilliBOM.
- If a re-delivery is required at an alternative time through no fault of ChilliBOM or our logistics partners an additional fee may be charged.
SECTION 9 — Acceptance or rejection of an order
- We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
- If refusal of an order occurs on or prior to delivery after our deadline (10th of the month prior to delivery) this will not negate the charge incurred by the customer.
SECTION 10 — Warranty
- Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- The consumer guarantees that apply to goods you purchase:
- Goods will be of acceptable quality
- Goods will be fit for a particular purpose
- Goods will match their description
- Any express warranties will be honoured
- You will have title to the goods
- You will have undisturbed possession of the goods.
- You acknowledge that the products displayed on the ChilliBOM website are indicative only and that the products you receive may vary from those displayed. In particular, Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
SECTION 11 — Vouchers and Gift Cards
- We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
- A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
- We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through the website www.ChilliBOM.com.au and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates.
SECTION 12 — Risk and title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
SECTION 13 — Disclaimer and Limitation of Liability
- The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
- While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
- We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
- You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
- If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
SECTION 14 — Important Notice About Linked Websites
- Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
- Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
- To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
SECTION 15 — Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
SECTION 16 — Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
- If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
SECTION 17 — Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- Epidemic, pandemic or other health emergency (whether declared or not);and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
SECTION 18 — Waiver
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
SECTION 19 — Severability
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
SECTION 20 — Entire Agreement
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
SECTION 21 — Our Right to Vary These Terms and Conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
SECTION 22 —- Privacy
- We may use your contact information to send newsletters from us and from our related companies.
SECTION 23 — Governing Law and Jurisdiction
- The laws of New South Wales and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New South Wales and any courts of appeal therefrom.
SECTION 24 — Contacting Us
- Questions about the Terms and Conditions of service should be sent to us at firstname.lastname@example.org or PO Box 279 Moorebank NSW 1875