TERMS & CONDITIONS

1. Mondelez Australia Terms and Conditions of Sale

    • These terms and conditions (Terms and Conditions) govern the sale of Cadbury products (including hampers and gift boxes predominantly comprised of Cadbury products) (Products) though the Cadbury Online Store located at https://www.cadburystore.com.au/shop (Cadbury Online Store).
    • For the purpose of these Terms and Conditions:
      • Mondelez Australia, we, us or our means Mondelez Australia Pty Ltd ACN 004 551 473 and Mondelez Australia (Foods) Ltd ACN 004 125 071; and
      • Website means the website located at https://www.cadbury.com.au, including the Cadbury Online Store.
    • Your use of the Website to purchase Products, indicates your agreement to follow and to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before placing an order through the Website.
    • Mondelez Australia reserves the right to amend the Terms and Conditions from time to time. Every time you wish to purchase Products through the Website, please check the Terms and Conditions to ensure you understand the terms and conditions that apply at that time.
    • Mondelez Australia's Privacy Policy is available at: https://au.mondelezinternational.com/privacy-policy (Privacy Policy). It is incorporated by reference into these Terms and Conditions.
    • The Terms and Conditions of Use of the Website (see #insert link#) may also impact on your use of the Website to purchase Products. Your use of the Website is subject to the Terms and Conditions of Use of the Website and you should make sure to acquaint yourselves with those terms.
    • These Terms and Conditions do not apply to wholesale customers. If you are a wholesale customer and have any questions or queries, would like any information about the Products or any other products made or produced by Mondelez Australia or would like to place an order, please contact us during business hours on 1300 861 767 (Australia) or email us at ecustomer@mdlz.com.

2. Terms and Conditions of Sale through the Cadbury Online Store 

    • Third Party Purchase  

      • Doculink Online Pty Ltd ACN 625 303 684 (Doculink) has been engaged by us to operate the Cadbury Online Store.
      • You acknowledge and agree that when you purchase Products from the Cadbury Online Store, you are purchasing Products from Doculink, not Mondelez Australia and a contract of sale in relation to the Products will be formed between you and Doculink.
  •  
    • Ordering

      • You may order Products from Doculink via the Cadbury Online Store.
      • All orders submitted by you via the Cadbury Online Store will constitute an offer to Doculink, and will be subject to acceptance by Doculink.
      • At the completion of the ordering process there will be a confirmation page showing the details of your order which you can print for your records. You will also receive an email confirming the details of the Products you have ordered. This email will only be an acknowledgement and will not constitute acceptance of your order.
      • Acceptance of an order takes place when the order is dispatched. Upon your order being dispatched, a purchase contract will be formed between you and Doculink, even if your payment has been processed beforehand. Doculink is not obliged to supply the Product(s) to you until it has accepted your order. Until the time when Doculink accepts your order, Doculink reserves the right to reasonably refuse to accept or process your order. For example, Doculink may refuse to accept an order:
        • where the Product ordered is not available or not able to be substituted with other similar products;
        • where we/Doculink cannot obtain confirmation that your payment has been authorised or received;
        • if there has been a pricing or product description error;
        • if you or the order do not meet any of the requirements of these Terms and Conditions; or
        • if the order is to be delivered outside of Australia.
      • For each order accepted, Doculink will supply the selected Products in that order in accordance with these Terms and Conditions.
      • As part of the ordering process, you must provide Doculink with all relevant details required to process your order, including, among other things:
        • the name of the intended recipient;
        • the intended recipient's delivery address; and
        • your personalised gift message (if any),
          and this information may be shared with us. By placing your order, you consent to Doculink sharing this information with us.

      • Any Products you purchase must be for your own, or your recipient's personal use. You must not sell, or offer for sale, market or otherwise distribute the Products in any manner whatsoever.
    • Personalised Content

      • The Cadbury Online Store allows you to create a personalised products by adding personalised gift messaging (personalised content) to the packaging sleeves of certain Products.
      • Any personalised content you provide must be lawful, appropriate and in good taste. Without limitation, you agree that you will not use the Cadbury Online Store or any Products purchased through the Cadbury Online Store to:
        • bully, intimidate, harass, mislead or deceive any person;
        • impersonate any other person or entity or to use a false name or a name that you are not authorised to use;
        • publish and/or send personalised content that is unlawful, defamatory, threatening, malicious, hate speech, pornographic, violent or offensive;
        • infringe or violate the rights of any third party including copyright, trade mark rights, the right of publicity or privacy;
        • conduct any form of ambush marketing, or to claim any form of association with Doculink, Mondelez Australia or the Mondelēz international group or their brands and products; or
        • do anything to damage or harm the brands, products or reputation of Doculink, Mondelez Australia or the Mondelēz international group.
      • If we or Doculink consider that your personalised content is not lawful, appropriate or in good taste, we/Doculink reserve the right not to personalise products as ordered. In such case, we/Doculink will notify you of our decision via email and provide a full refund for the personalised products that you have ordered, but which we/Doculink will not produce.
      • You are responsible for:
        • the personalised content you provide. You should check all personalised content (eg spelling, names) before you place an order. Neither Doculink nor Mondelez Australia is responsible for reviewing your personalised content before your order is printed and dispatched; and
        • any copyright or other intellectual property infringement or unlawful conduct by you, and you indemnify us and Doculink for any claims made against us/Doculink in relation to any personalised content you provide. Neither Doculink nor Mondelez Australia will be responsible for any copyright or other intellectual property infringement or unlawful conduct by you.
      • By placing an order, you warrant that your use of the Website and any personalised content you provide complies with these Terms and Conditions as well as the Terms and Conditions of use of the Website.
  •  
    • Availability

      Doculink endeavours to ensure that the contents of any gift boxes or hampers that you order are those described on the individual product pages of the Cadbury Online Store. If, however, specific Product(s) within a gift box or hamper are unavailable when your order is packed, Doculink may substitute any unavailable Product(s) with Product(s) of equal or greater value (based on recommended retail price) without notifying you.
    • Prices and Payments

      • All prices on the Cadbury Online Store are in Australian dollars and are inclusive of GST, unless otherwise stated.
      • The retail price of Products in the Cadbury Online Store is determined by Doculink.
      • Mondelez Australia does not set the retail price of the Products sold via the Cadbury Online Store.
      • Doculink will charge, and you agree to pay, in relation to each order, the delivery charges set out in the Cadbury Online Store and which Doculink will advise to you at the time of placing an order.
      • Payment for Product(s) can be made via any payment method accepted at the time by Doculink. The name Doculink Online Pty Ltd will appear on your bank statement in respect of any payments you make to Doculink.
      • Your payment will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of your total transaction cost. You will be advised of any fees that we/Doculink charge, in relation to the use of your payment platform, at the time you place your order.
      • The information, including pricing and product details, contained in the Cadbury Online Store may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. Doculink reserves the right to cancel orders and refund a customer’s money due to these errors in the Cadbury Online Store or in related advertising materials.
      • In relation to 'coupon codes':
        • if you have a valid 'coupon code' for the Cadbury Online Store, you may enter it during the checkout process to receive a discount on the price of your purchase;
        • only one coupon code can be used per transaction;
        • unique coupon codes can only be used once; and
        • Doculink reserves the right to terminate the validity of any coupon code at any time, and to decline to accept any coupon code (and not provide a discount) for any reason.

    • Delivery / Shipping

      You must ensure that the delivery address you provide to Doculink is sufficient and correct. If you provide a delivery address, and subsequently change the delivery address details (prior to delivery), Doculink will do its best to arrange delivery to the revised delivery address. However, an additional delivery charge may apply. In addition, such change may cause a delay in delivery.
      • Doculink uses third party delivery services to deliver Products ordered via the Cadbury Online Store.
      • Doculink will:
        • procure that the Products ordered by you are delivered to the address which you provide for delivery when you place your order; and
        • not be responsible for any delay in delivery, failure to deliver any Product, or delivery of Product(s) to the wrong person if you have given us an inaccurate, incorrect or insufficient delivery address.
      • Doculink only delivers Products purchased through the Cadbury Online Store to Australian street addresses. Doculink does not deliver to PO Boxes, AFPO, PMO or Locked Bags.
      • If you place your order before 9am on a business day, and your delivery address is in a metro area, your order will normally be delivered the next business day. However, please allow up to four (4) business days for deliveries to metro areas. Deliveries to regional addresses may take longer.
      • Deliveries are generally made Monday to Friday (excluding public holidays) between 8.00am and 6.00pm. Doculink is unable to deliver/arrange delivery of Products at specific times during the day.
      • To ensure prompt and successful delivery it is preferable that you provide a delivery address where someone will be present during business hours to sign for receipt of your package. Neither Doculink nor its deliverers are responsible for checking the identity of the person who receives the package at the delivery address you have provided, and if the Product is delivered, but not subsequently passed on to you or your intended recipient neither we nor Doculink will be liable to you to refund or resend the Product. If no one is present at the delivery address to accept delivery, the Products may be left at the premises or a parcel collection notice will be left in the recipient’s mail box with instructions on how to collect (ie it may be taken to the local Post Office, courier depot, or returned to us).
      • You will be notified via automatic email when your package has been dispatched. Our normal working hours are Monday to Friday. We only process and dispatch orders during these timeframes. Any delivery and dispatch timeframes quoted on the Cadbury Online Store do not include weekends or public holidays.
      • Whilst Doculink make every effort to ensure delivery of Products within a specified timeframe, it cannot guarantee delivery times, or accept liability for deliveries made outside this timeframe. Doculink does not accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
      • Some street addresses in remote areas may not be covered by Doculink's normal delivery services and so Doculink may have to contact you to advise you of extra postal charges.
      • Please note that, during the warmer months, in order to avoid chocolate melting over the weekend, orders received on Fridays will not be packed until the following Monday.
      • If you select our click and collect or same day delivery service you must meet certain criteria for these delivery options to be available. Please refer to clauses 7 and 2.8 below.
      • If you wish to discuss specific delivery requirements, please contact Doculink's Deliveries Customer Service team on (03) 9676 2530 Monday to Friday (excluding public holidays) between 9:00am and 5:00pm AEST.
      • If you have not received your order within 7 business days from the date of purchase, please contact Doculink's Delivery Customer Service Team via email contact@doculinkonline.com.au or phone (03) 9676 2530 Monday to Friday (excluding public holidays) between 9:00am and 5:00pm AEST.
  •  
    • Same Day Delivery

      • Same day delivery is available in certain areas of Australia. Please refer to the Website to confirm in which areas of Australia same day delivery is currently available. Deliveries outside of these areas are not eligible for same day delivery.  The conditions set out in subclauses (b) - (d) below apply to those areas where same day delivery is available (in addition to all other applicable terms and conditions set out in these Terms and Conditions).
      • For orders of:
        • less than 10 items, if ordered before 10am AEST deliveries will be made prior to 6.00pm AEST the same day. Orders placed after 10.00am AEST are not eligible for same day delivery; and
        • more than 10 items: please phone Doculink's Customer Service Team on (03) 9676 2530 or email contact@doculinkonline.com.au to discuss and confirm delivery options.
      • An additional fee may be charged for same day delivery.
      • Deliveries are made Monday to Friday. Doculink is not able to deliver on weekends or public holidays. Although Doculink will endeavour to deliver on the same business day or on the preferred date requested, preferred delivery date is not guaranteed.
  •  
    • Click and Collect

      • This clause 8 applies to all Click and Collect orders (in addition to all other applicable terms and conditions set out in these Terms and Conditions).
      • If a Click and Collect order is placed, you will be notified by email once your order is ready for collection. You must not attempt to collect your order unless and until such notification is received.
      • For orders:
        • of less than 10 items, you must place your order before 10am AEST for your order to be processed and made available for collection on that same day. Otherwise your order will be available for pick up after 3pm AEST the following day; and
        • over 10 items you must place your order at least 2 complete business days prior to your day of collection.
      • All Click and Collect orders must be collected from Doculink at Unit 6, 52 Wirraway Drive, Port Melbourne, Victoria, 3207 Australia (Collection Point) within 14 business days of the date of the order. Items can be collected between 9.00am - 4.00pm AEST.
      • In order to collect your order you will need to present the order number and a form of identification.
      • If you are unable to collect your items within fourteen (14) business days please contact Doculink's Delivery Customer Service Team via email at contact@doculinkonline.com.au or phone on (03) 9676 2530, Monday to Friday (excluding public holidays) between 9:00am and 5:00pm AEST.
      • If your order has not been collected within two (2) months of the order date, Doculink will contact you to remind you and give you the option to arrange to collect or make alternative delivery arrangements based on Doculink's current delivery prices. You will be responsible for, and must pay for, any additional delivery costs. If Doculink's attempt to contact you fails and you have not collected your order within three (3) months of the order date then Doculink will cancel your order and no refund will be given.
  •  
    • Title and Risk

      • Title and risk in the Products pass on delivery to the delivery address or collection from the Collection Point.
      • By purchasing from the Cadbury Online Store, you:
        • consent to the Products you have ordered being left at the designated address; and
        • acknowledge that if the Products are left at the delivery address advised by you, this will constitute delivery of the Products.
      • Neither Doculink nor Mondelez Australia will be responsible for any loss or damage that may be incurred following the delivery of the Products to the delivery address advised by you.
  •  
    • Cancellations, refunds and replacements

      • Given the tailored nature of the products offered in the Cadbury Online Store, products that have been purchased cannot be returned (subject to any applicable laws).
      • Doculink reserves the right to refuse to process any order or to cancel any order (or part of an order), provided that Doculink acts reasonably (for example in the event an order may cause offence or distress to a person). If Doculink is unable to proceed with an order (or part of an order), Doculink will notify you directly via email or phone. If Doculink cancels your order (other than due to your failure to collect the order), Doculink will refund the amount that you paid in full via your original payment method.
      • If any Product you purchase is defective, damaged during transit, does not arrive within a reasonable time of your order or is not what you ordered, please contact Doculink using the information set out in clause 6
      • In certain circumstances, Doculink may require that you:
        • supply it with a photograph, via email, of any damaged Product; or
        • return the Product  to Doculink,/us for inspection,
          before assessing your request for a return or refund.
    • Australian Consumer Law

      Our goods 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.          
    • Limitation of liability

      • With the exception of the consumer guarantees imposed under the Australian Consumer Law, Mondelez Australia and Doculink exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions.
      • To the extent permitted by law, Mondelez Australia and Doculink will not be liable for any direct, special, indirect or consequential loss, loss of profit, or damages of any kind arising out of or in connection with:
        • these Terms and Conditions, including any order placed by you pursuant to these Terms and Conditions; or
        • any failure to deliver the Products (or any part of them) promptly or at all, other than to refund any price paid by you where the Products are not delivered at all.
      • Nothing in this clause 12 limits your rights under the Australian Consumer Law.

 

3. Website Disclaimer 

  • All material included on the Website is intended to be of a general nature, and is included for general information only.
  • Mondelez Australia and Doculink do not represent or warrant that the information on the Website (including any information about a specific Product or type of Product) is suitable for you or your gift recipient’s specific dietary needs or other requirements. Information on the Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed.
  • You should independently assess whether the information on the Website is complete, relevant and appropriate to you and your gift recipients, and should take advice from a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern, or relevant, to you or your gift recipients.

 

4. Privacy 

    • Privacy

      • Please refer to clause 4 of the Terms and Conditions of Use of Website, which sets out details about how we and Doculink may collect and deal with personal information, including personal information provided by you for the purpose of purchasing Products via the Website.
      • Clause 4 of the Terms and Conditions of Use of the Website is incorporated into these Terms and Conditions to the extent that it relates to the acquisition of Products through the Website.

 

5. Other 

  • Indemnity:
      • You agree to fully indemnify Mondelez Australia and Doculink (Indemnified Parties) and hold each of the Indemnified Parties harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party suffered by them in connection with:
        • your breach of these Terms and Conditions; or
        • your violation of any law or the rights of a third party.
  • Severance:
      • If any provision of these Terms and Conditions is found to be invalid by law, that provision is severed and the remainder of the Terms and Conditions remain valid and enforceable. 
  • Jurisdiction:
      • These Terms and Conditions are governed by the laws of Victoria, Australia and any disputes arising in relation to these Terms and Conditions will  be submitted to the non-exclusive jurisdiction of Victoria, Australia.
  • Waiver:
      • If we/Doculink do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we/Doculink delay in taking steps against you in respect of your breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us/Doculink taking steps against you at a later date.

 

6. Contact 

    • If you have any queries regarding these Terms and Conditions, please contact Mondelez Australia on 1800 033 275 (Australia free call) between 9am – 5pm AEST, Monday to Friday.
    • If you would like to contact Doculink, you may do so on (03) 9676 2530 or email contact@doculinkonline.com.au.

Last updated: August 2020