Terms of Service

1. About Us

Neighbour Choco Bean Pty Ltd (ABN 83 702 781 691) is an artisan food and bakery business based in Melbourne VIC. We produce and supply small-batch chocolate, confectionery and baked goods to customers across Melbourne and surrounding suburbs. References to "we", "us" and "our" in these terms mean Neighbour Choco Bean Pty Ltd.

2. Orders and Acceptance

Any quotation, order confirmation or website listing of our products is an invitation to treat. A binding contract is formed only when we confirm your order in writing, typically by email to the address you provide. We reserve the right to decline any order, in whole or in part, including where a product is unavailable, where we cannot safely fulfil the order by your required date, or where we reasonably believe the order is not genuine.

It is your responsibility to ensure that the details you provide, including delivery addresses, quantities, dates and any dietary or allergen information, are accurate and complete.

3. Pricing and Payment

All prices are quoted in Australian dollars (AUD) and include goods and services tax (GST) where applicable, unless otherwise stated in writing. Quotations are valid for the period stated on the quotation, or 14 days if no period is stated.

Payment terms will be set out in your quotation or invoice. Unless otherwise agreed in writing, payment is required in full before we commence production or dispatch your order. We may charge interest on overdue amounts in accordance with the penalty interest rate applicable under Victorian law.

4. Delivery and Pickup

Delivery or pickup arrangements, including dates, times and any applicable fees, will be confirmed with your order. Any delivery dates we provide are estimates only. We take reasonable care to meet agreed timeframes, but we are not liable for delays caused by events beyond our reasonable control, including traffic disruptions, severe weather, public holidays or supplier shortages.

Risk in the products passes to you on delivery or collection. Title passes to you once we have received payment in full.

5. Food Safety and Allergens

Our products are food items and may contain, or may have been produced in a kitchen that also handles, common allergens including nuts, peanuts, dairy, eggs, wheat, gluten, soy and sesame. While we take reasonable precautions, we cannot guarantee our products are free from trace allergens.

You must notify us of any allergies or dietary requirements at the time of placing your order. We rely on the information you provide and accept no liability for allergic reactions arising from allergens you did not disclose to us in writing before production commenced.

6. Consumer Guarantees Under Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.

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 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.

7. Cancellations, Returns and Refunds

Because our products are made to order and are perishable, cancellation fees may apply where an order is cancelled after production has commenced. We will advise you of any applicable fee at the time of cancellation.

If a product you receive is faulty, damaged, unsafe or not as described, please contact us as soon as reasonably practicable. Where a consumer guarantee under the Australian Consumer Law has not been met, we will provide a remedy as required by law, which may include a replacement, repair or refund as appropriate. Photographs of the affected products may be requested to help us assess the issue.

8. Limitation of Liability

To the maximum extent permitted by law, our liability for any claim arising out of or in connection with these terms or our products is limited, at our option, to resupplying the relevant products or paying the cost of having them resupplied. This clause does not apply to liability that cannot be limited by law, including liability under the Australian Consumer Law consumer guarantees.

We are not liable for indirect or consequential loss, loss of profit or loss of opportunity, except where such liability cannot be excluded by law.

9. Intellectual Property

All content on this website, including text, images, branding, packaging designs and recipes, is owned by or licensed to Neighbour Choco Bean Pty Ltd and is protected by Australian and international intellectual property laws. You may not reproduce, adapt or distribute any part of this website or our branding without our prior written consent, except as permitted for personal, non-commercial use.

Where you supply artwork, logos or design briefs for custom orders, you confirm that you hold the necessary rights to use that material and you indemnify us against any claim arising from our use of it at your direction.

10. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these terms.

11. Website Use

You agree not to use this website in any way that is unlawful, fraudulent or harmful, or that impairs the website's operation. We aim to keep product information, images and prices on this website accurate and current, but we do not warrant that the website will be available uninterrupted or error-free, and website content does not itself form part of any contract for supply.

12. Governing Law

These terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of the Commonwealth of Australia in respect of any dispute arising out of these terms.

13. Changes to These Terms

We may update these terms from time to time. The current version will always be published on this page with the date of last revision shown above. The terms in force at the time you place an order will apply to that order.

14. Contact Us

If you have any questions about these terms, please contact us:

Neighbour Choco Bean Pty Ltd
ABN 83 702 781 691
Melbourne VIC, Australia
Email: ceo@neighbourchocobean.online