Legal Schtuff


Thank you for visiting this website. We're, like, so glad you're here but there is also some legal stuff you must agree to while you’re here. Your use of this website is governed by these Terms Of Use. Please take a few minutes to review them.

These Terms of Use are a legal agreement between you (“you,” “your,” or “customer”) and Paloma Candy Shop (“we,” “us,” “our,” "Paloma," or “business”), the owner and operator of the www.palomacandy.com.au website (the “website”).

The Terms of Use govern use of the website, and all services provided by Paloma via the website including the products and delivery of the products.

By using our website, you are indicating that you accept and agree to comply with this agreement, and you indicate your unconditional acceptance of the following Terms of Use.

By ordering our products, either through this website, over the phone, or by any other medium, you are agreeing to these Terms of Use.

You must also be 18 years or older, and have a valid credit card, with full authority to use it, to complete an order for the products on our website.

If you do not agree with any of these Terms Of Use, you are not permitted to, and please do not, access or use the website or purchase products from the website.

We may change these Terms of Use at any time, without notifying you. If we make a change, the next time you use this website will mean you agree to the amended Terms of Use.

Website

This website for the sole use of individuals and entities wishing to review, consider, purchase or otherwise transact business involving Paloma’s products and services and/or to otherwise contact Paloma, on their own behalf or on behalf of intended recipients.

Subject to your compliance with this agreement, we hereby grant you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the website and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the website (collectively, the “content”), solely for your personal, non-commercial use.

You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the content except as expressly set forth in this agreement. You may not remove any copyright or other proprietary notices from any content.

If you breach any term of this agreement, your authorisation to use the website and content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to:

  • (a) attempt to disable or circumvent any security mechanisms used by the website or content or otherwise attempt to gain unauthorised access to any portion of the website or content or any other systems or networks connected to the website, or to any server of company or its third party service providers, by hacking, password “mining”, or any other illegal means;
  • (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the website or content;
  • (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the website or with any other person’s use of the website;
  • (d) track or seek to trace any information on any other person who visits the website;
  • (e) use the website or content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations;
  • (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the website or content.

Intellectual Property Rights

The business, the logo, and other trademarks, service marks, graphics and logos used in connection with the website are trademarks of Paloma Candy Shop. 

Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively third-party marks). The business marks and third-party marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the business or the applicable trademark holder.

The website and the content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by the business or the owner of the content.

Products

In order to purchase one of our products, you must go to product page, select your product, and complete the checkout process.

You will be required to provide your full name, your complete address, your phone number, your valid email address, your valid credit card and billing information. All information that you provide to us is subject to our privacy policy, which you can view here.

When you purchase a product or service, you agree to receive transactional emails regarding your purchase and deliveries. In addition, you agree to receive emails promoting any special offer(s), including third party offers. You may opt-out from receiving special promotions by emailing us or selecting the unsubscribe link as is provided in the applicable emails.

Specific Warnings



Each of our candy products are labelled with a list of ingredients and allergy statements. All candy is manufactured on equipment that also processes peanuts, other nuts, wheat, soy, egg and milk so may contain traces of these allergens in the candy.

If you have a severe allergy or are considering gifting our products to someone who does, we recommend avoiding our candy. Whilst we make every effort to provide you the most correct and timely information regarding the ingredients in our candy products, we cannot make guarantees on any products.

Order Confirmation 

Your receipt of an email order confirmation does not necessarily signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. In some cases, we may require additional information or may need to cancel your order.

We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms of Use, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.

Pricing

Pricing for products can be found on each product page. The price that we will charge you for the products will be the price as posted on the website on the date you order.

We reserve the right to change prices for products and services at any time, and do not provide price protection or refunds in the event of promotions or price decreases.

All prices are in AUD as quoted on our site and are exclusive of GST.

Promotion Codes

We may advertise promotional codes from time to time, which will provide customers with discounts to their order value.

Promotional codes are not transferable for cash or cash equivalents, and are not valid for the purchase of gift cards or gift vouchers. Promotional codes cannot be used in conjunction with any other offers and adjustments on previous purchases will not be made.

We reserve the right to modify or cancel a promotional code at any time without prior notice if, in our opinion, the promotional code is not being used in the manner and for the purposes intended.

Payments

All information that you provide to us when you purchase one of our products, including your credit card information, is subject to our privacy policy.

You must pay in full by debit or credit card in advance when you submit an order through our Website. We accept the following payment methods at this time: Visa, MasterCard, PayPal and Afterpay.

Payment will be collected at the time of placing the order. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current versions can be found at here and here. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Terms of Sale

We sell our products from the website to end-user customers who purchase them to receive or send the products only for personal, non-commercial use. You may not purchase our products or services for further distribution or resale or for any other commercial or business purpose.

Cancellations

Orders cannot be cancelled once we have commenced processing the order. In order to deliver our candy in the best possible condition, the processing of an order commences almost immediately once you have submitted your order.

However, please contact us as soon as possible and we may be able to accommodate your request to cancel, and will do our best to meet your needs.

Refunds, Returns, Replacements

We will do everything we can to make sure that every single Paloma experience is a sweet one. But we're not perfect, and from time to time, hiccups do happen. If you are for any reason unsatisfied with your products or any part of your experience, please contact us as soon as you can to report the problem, and we will help with an appropriate solution.

In order to qualify for a replacement or refund, we require to be notified via email about the issue within three (3) days of delivery, along with photo evidence of the issue. 

Please note, because all our candy is edible and perishable, we are not able to accept returns or issue refunds if you change your mind. 

In the case where an order is damaged during the delivery process or below the quality we'd expect, we may offer a replacement at our discretion.

In the case where an order is incorrect and not what your ordered, we may offer a replacement at our discretion. Please note, on occasion, your candy may vary slightly from pictured and we reserve the right to provided a replacement if a particular item is unavailable. Any substitutions will be made with similar and comparable candy products.  

If your order is missing or was not delivered at all, we will offer either a replacement OR refund at our discretion. You must notify us within three (3) days of the expected delivery date if you believe your order is missing or was not delivered. 

We cannot provide refunds or replacements in the following circumstances:

  • if your order is not delivered due to insufficient, incorrect or incomplete address details provided with your order, or a recipient not being available to receive the delivery.
  • if your order is delayed due to things like weather or traffic incidents or public holiday interference, which may slow down the shipping process.
  • if your products are damaged as the result of being left outside upon delivery.

If you're provided with a refund, all refunds for orders placed online are credited back to the original credit card on which the order was purchased or via the applicable Afterpay or PayPal account, if that form of payment was selected.

If you're provided with a replacement then, subject to any statutory rights you may have (including under the Australian Consumer Law) which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.

Shipping

All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order. For more details, visit our shipping information page

All orders received via our website (www.palomacandy.com.au) are despatched and sent from the Gold Coast, Queensland, Australia.

We ship all orders using a third-party courier service. While we strive to provide you with an absolutely dazzling experience from start to finish, we cannot control the third-party couriers’ operations or other events that are out of our control such as weather or traffic incidents.

Once we place an order in the possession of any third-party courier service, we will not be responsible for lost, stolen or damaged goods, nor can we be held liable for any shipping delays that you may experience.

We will deliver the goods to the delivery address specified during the checkout process. We accept no responsibility for incorrect, insufficient or incomplete address or delivery details, and refunds and replacements will not be given in these cases.

Candy is a perishable product and it can be affected by the weather, particularly in warmer months. We want your order to arrive in the best possible condition, so we do request that your orders be shipped to an address where someone is present at the time of delivery. We can either deliver to your office or your home – just use the most appropriate address during the checkout process.

Once you place your order, it is your responsibility to ensure that someone is present to accept delivery. We accept no responsibility if no one is present at the delivery address to accept delivery. If no one is available, our delightful couriers are given the authority to leave your delivery. If you select this option, you understand that you're taking full responsibility for the condition of the products. We cannot be held responsible for products that are damaged or stolen as the result of the recipient not being available and the parcel being left outside upon delivery.

For more frequently asked questions about shipping, please visit our FAQs here.

Privacy

Your personal information will be collected, processed and used in accordance with our privacy policy.

Limitation of Liability

In no event shall the business or its directors, employees, or affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if it has been advised of the possibility of such damages or losses.

You agree the business’ total cumulative liability in connection with these Terms of Use, the website, the content or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to company in the then-prior calendar month.

Disclaimer of Warranty

Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the products, their characteristics or fitness for any particular process.

Paloma warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

All users expressly understand and agree that:

  • (a) your use of the products and services is at your sole risk, the products and services are provided on an 'as is; and 'as available' basis and the business expressly disclaims all warranties, conditions and terms (collectively, "Promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the use of the membership, implied promises of merchant ability, satisfactory quality, fitness for a particular purpose, and non-infringement
  • (b) the business makes and gives no promise that (I) the products or services will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material obtained by you through the membership will meet your expectations. 

Severability

If any part of these terms of use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforce ability of the remaining provisions.

Indemnity

We rely on you to comply with these Terms of Use, so if we suffer loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs.

You agree to indemnify and hold us harmless us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the website. By using this website, our services, or supplied products, you agree to indemnify, hold harmless and defend the company/business from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, legal fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services, or products by you or any other person accessing the website. 

Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise this agreement at any time by updating this posting.

Applicable Law

These Terms of Use are governed by Queensland law and if there's a dispute concerning these terms of use, the courts in Queensland, Australia will determine the outcome. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. If you have any questions relating to these Terms of Use, please contact us.

All enquiries may be directed to hello@palomacandy.com.au

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