Online Shop Terms & Conditions
Terms and Conditions of Web Site Usage
Please Read Carefully
By accessing this site (the “Site”), you agree to the following Terms and Conditions. If you do not agree, you should exit the site and not use it further.
This Policy was last amended on 16/3/17. We may update this Policy from time to time, so we invite you to review this page periodically. When we make changes, we may send an e-mail to you or notify you the next time you log-in, and we will post the updated Policy on this web page. All changes will go into effect on the date that is listed in our Policy. The new Policy will apply to all past and current users of Selenes.com.au and will replace any prior Policies. By using this website, you consent to the terms of this Policy. All products, services, software, applications or features available on or through this Site are subject to these Terms and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and Limitations of Liability below.
LIMITATIONS ON USE
You must be at least 18 years old to use the Site. You may browse the Site, use its applications and features, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Godiva and/or its contributors. Unless otherwise noted, all material on the Site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be 18 years of age or older to become a Member. When you create an account, you agree you are responsible for maintaining the confidentiality and security of your account. We may disable your account at any time if you violate these Terms. While we work to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.
LIMITATIONS ON LIABILITY
THE SITE AND ALL INFORMATION AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SELENE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.
Neither SELENE nor its affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Selene’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to SELENE for any products which you purchased and paid for through this Site. By using the Site, you agree to release and hold harmless SELENE, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.
If there is any dispute between us, it is agreed that either of us may elect to have it resolved by binding arbitration administered by the Australian Center For International Commercial Arbitration (ACICA) under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than SELENE. SELENE may work with certain partners and affiliates whose sites are linked with SELENE. SELENE is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. SELENE makes no guarantees about the content or quality of the products or services provided by such sites. SELENE is not responsible for webcasting or any other form of transmission received from any Third Party Site. SELENE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SELENE of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SELENE is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are the Trademarks of SELENE, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of SELENE or the third party that may own the relevant material.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
SELENE will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located ;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Registered Copyright Agent
Selene’s Chocolate Pty Ltd
Level 1, 501 La Trobe Street, Melbourne, 3000
SELENE reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions including but not limited to terminating access to the Site. Any failure by SELENE to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
SELENE reserves the right to terminate access to this site for any person at any time. All users must have Java Script enabled in their browser to checkout. These terms and conditions are governed by the laws of the State of Victoria, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating to the use of this Site that are not arbitrated shall be resolved exclusively in the State or Federal Courts located in the State of Victoria, and you and SELENE both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about SELENE and its products and services. SELENE controls and operates this Site from its headquarters in Melbourne, Victoria, Australia and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.
LAST UPDATED: 15 March 2017
Privacy & Security
Note: You must be a Australian resident 18 years or older to register as a Member or use Selenes.com.au.
1.What Information We Collect and How We Use It
Selenes.com.au does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means we don’t require Users to register or provide information to us in order to view our site.
If you choose to become a Member, we collect the following information about you: name, address, phone number, email address, username, password, birth date. We also collect the names, addresses, and phone numbers of those persons whom you add to your personal address book as a Member, which is only accessible by using the Member’s log-in information. We use the information you supply for the purpose of providing the services you have requested, and as described in this Policy. In addition, Selenes.com.au may from time-to-time contact you via email or regular mail, unless you opt-out by following the instructions in the “opting out” section of this policy.
In certain instances we may disclose your personally identifiable information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, SELENE or others. We may also disclose your personally identifiable information when we believe the law requires it. In the event of a merger, consolidation or sale or transfer of all or substantially all of our company or its assets, it is possible that all User information collected by Selenes.com.au will be transferred to the purchaser or the new company.
2. NOTIFICATION OF INFORMATION SHARING / THIRD PARTY ADVERTISING
3. COOKIES AND WEB BEACONS
We also use “web beacons” in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to track the effectiveness of certain communications as well as the effectiveness of our marketing campaigns.
We work with a third party service provider to help us better understand how you use Selenes.com.au. This third party service provider will place cookies on your computer to collect information. The information this third party service provider collects will tell us things like which search engine referred you to Selenes.com.au, how you navigated around Selenes.com.au, what you purchased and what traffic is driven by banner ads and emails. This information will help us to better serve you and provide you with more personalized information and product offerings. This third party service provider may only use your personal information to perform services for us and is contractually required to maintain all of the information it collects and analyzes for us securely and in confidence. This third party service provider may not share your personal information with anyone else, or use it for any other purpose, except on an aggregate, non-identifiable basis.
Selenes.com.au sometimes includes notices of sweepstakes or other promotions we are conducting, and we may permit you to enter electronically in some cases. If that occurs, we will use the information you provide for the purpose of conducting the promotion (e.g., to contact you if you’re a winner). In addition, we may participate in internet related promotions sponsored by third parties. In these instances, if you are a participant in such promotions, we may provide certain personally identifiable information to these third parties in furtherance of the promotion. These parties have agreed to hold this information in confidence, not use it for any purpose except to carry out the requested service, and honor Selenes.com.au’s privacy and security policies in the way this information is handled.
5. MARKET RESEARCH
From time to time, Selenes.com.au may also conduct questionnaires and surveys and we may contact you via email, postal mail or phone. Survey information is treated like all of the information we collect, and it is used to help us improve the appeal of our products and our site.
6. UPDATING, DELETING, EDITING YOUR MEMBER INFORMATION
A Member can access, review and/or correct all of their personally identifiable information that was provided to us online by visiting the following URL Http://www.selenes.com.au/signin. If a Member wishes to have their account deleted, the Member can send an email requesting the deletion to email@example.com
7. THIRD PARTIES SERVICE PROVIDERS
Selenes.com.au sometimes employs other companies and individuals to perform services for us. For example, we hire agencies to help administer consumer promotions, to analyse data, to fulfill orders you place, and to provide customer service. We may share your personally identifiable information with these parties, who have agreed to hold this information in confidence, not use it for any purpose except to carry out the requested service, and honor Selene’s privacy and security policies in the way this information is handled.
Selenes.com.au takes your privacy and security seriously. For this reason we have established security measures including locked doors and files, electronic security and managerial controls that limit the potential for misuse of information by employees, contractors and other third parties.
9. OPTING OUT
If you would rather not receive marketing emails from us, please opt out by visiting the following URL: http://www.selenes.com.au/optout If you would rather not receive our mail order catalog or other Selene mailings to your postal address, please let us know by visiting the following http://www.selenes.com.au/remove
Please note that removal from our postal lists may take up to 6 to 8 weeks to be effective.
Frequently Asked Questions (FAQ’s)
Ordering and Shipping
Do you do delivery?
We currently only do Pick up in Store service.
Can I order a box of all of one piece or select the pieces I want in the box?
While we do not offer this service online, our Selene’s Boutique Shops are able to assist you in creating and customizing your own assortments.
Care and Storage
How long will SELENE’s chocolates keep their fresh taste?
SELENE’s Chocolates will maintain freshness after opening if stored at temperatures that do not exceed 18°C. Avoid heat, humidity, and direct sunlight. For freshness of unopened products refer to the Best Before Dating printed on many of our products.
How should I store the chocolate if I want to keep it fresh tasting for more than two weeks?
To store chocolate for up to two months, place package in two plastic bags, close tightly and refrigerate. To store chocolate for up to six months, place package in two plastic bags, close tightly and freeze.
How do I bring the chocolate to room temperature once it is removed from storage?
Keep chocolates in plastic bags until the entire package comes to room temperature. This will take approximately two hours if it was stored in the refrigerator, six hours if it was stored in the freezer.
Does your chocolate contain dairy products? ALL of our dark, milk, and white chocolate may contain dairy or milk products. Any person with a dairy allergy should NOT consume ANY of our products.
Does your chocolate contain nuts? ALL of our products including solid chocolate pieces may contain nuts and/or peanuts. Any person with a nut allergy should NOT consume ANY of our products .
Does your chocolate contain gluten? ALL of our products including solid chocolate pieces may contain gluten. Any person with a gluten allergy should NOT consume ANY of our products.
Wedding and Party Favours
How far in advance should I place my favour order? We recommend that you place your order about 8 to 10 weeks before the event and select a pick up date of one week prior to the event. Store the favours in a cool, dark place – 18 degrees or cooler. Do not store them in the climate-controlled packaging that they are shipped in as the chocolates are fragile and may absorb an odor from the packing material.
Do you offer volume discounts? Yes – the more you shop, the more you save. Place an order of $200 or more and get a discount of 5%.
Change of Mind Return
Selene’s Chocolate will not accept the return of any products because you have changed your mind about your purchase. Once a product has been sold and exited our premises it cannot be returned and sold again. Therefore, a product must display a clear fault in order for a refund to be accepted.
If a product has not met your expectations and you require a refund for your purchase you must:
• Contact us immediately and explain your complaint
• Bring the product back to the store for inspection no later than 2 days from the purchase date
• Bring the original sale receipt for proof of purchase
To approve a refund Selene’s Chocolate reserves the right to:
• Assess the condition and age of returned goods prior to providing a repair, exchange, voucher or refund
• Issue all refunds using your original payment method
• Determine whether a repair, exchange, voucher, part or full refund will be issued, which will be determined after product inspection.
• Selene’s St.truffles, Cakes and Macaroons must be refrigerated between 0˚C and 5˚C
• Selene’s Chocolate Must be stored under 18 ˚C
• Store all Selene’s products in their original packaging and remove only when ready to display and serve unless instructed otherwise.
• Gift vouchers are not redeemable for cash
The Selene’s Return Policy applies to online purchases. Instead of a store register receipt you will need to present a copy of the confirmation email document you received so we can trace your tax invoice on our system. In the case of making an online error or you wish to cancel your online order please contact the store immediately. We will also contact you if we discover any error in your order and a refund will be issued if applicable.
• Full payment are required for all orders
• If you wish to cancel or change your order please contact us immediately
• If you wish to cancel or change a large or customised order, please contact us no later than one week prior to the pickup date
• Providing a tax invoice upon pick up for the full amount or deposit paid is not mandatory but is highly recommended