1.1 This website is operated by Loco Love PTY LTD All purchases made on this website are governed by these Terms and Conditions.
1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not be re-sold or otherwise circulated without our prior written consent. This does not apply to wholesale customers.
1.3 We will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
2.1 The price of the goods will be as quoted on the website at the time you confirm your order. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed.
2.2 Prices may be subject to change based on the cost of raw materials and ingredients.
2.3 The prices stated on the website will be inclusive of any GST payable.
2.4 The price of the goods does not include a charge for delivery.
3.1 Payment may be made by debit or credit card. You cannot pay for an online order by cash or cheque. There is no minimum order requirement, except for international orders. Minimum order for US, Europe is $50 AUD.
3.2 The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payment from you.
4.1 Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. We will also refund your order if we can not deliver to your area.
4.2 Products are subject to availability. The website is updated on a weekly basis but in the event of non-availability of any goods you order, we may offer a reasonable substitute.
4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly. We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you. We shall have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of your providing incorrect delivery address details. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. In all cases, notification of delivery will be given. It is your responsibility to re-arrange and pay for delivery, where appropriate. Please note adverse weather conditions or other events outside of our control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and for the cost of delivery.
All our chocolates are gluten free but they are made in an environment where nuts, and gluten free oats are used. All our chocolates may have trace of nuts.
6.1 We guarantee the quality of our products. You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any products if one of the criteria set out below applies to the product/s delivered to you:
The products are not what you ordered; The delivery is of an incorrect quantity; or If you do not receive the products ordered (other than as a result of your providing incorrect delivery address details as per clause 4.4).
We will arrange with you for the products to be returned to us. We reserve the right to make any refund due to you in whatever way we choose.
7.1 Loco Love cannot accept cancellation, exchange or refund goods due to the perishable nature of chocolate. Orders may be cancelled if the product has not been dispatched.
7.3 The Right of Withdrawal of eight days does not apply to contracts for the supply of perishable food goods including chocolate, cakes and biscuits.
8.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.
8.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
8.3 Other than as set out in clause 7.1 above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods and delivery contained in that order.
At Loco Love, we are committed to providing an excellent service. If however, we have sent you products that you are not pleased with, contact us with your comments. We are always looking for ways to improve our service and products. Any comments and customer complaints should be addressed to us via the e-mail address and telephone numbers which are listed on our website on the Contact Us page.
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to us via the email address listed on the Contact Us page on our website. All notices from us to you will be displayed on our website from time to time.
You acknowledge and agree to be bound by the terms of our privacy policy.
12.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us.
12.3 The information contained on this website, and those websites to which there are links, is for general interest only. While care has been taken in its preparation, no responsibility is accepted for any misleading information or errors within this or other websites quoted.
12.4 All photographs published on this website are the copyright of their respective owners, whose permission should be sought in writing for their use by other parties.
12.5 The design of this website is copyright of Loco Love. No unauthorised use of its contents is permitted without prior permission of the copyright holders.
12.6 These Terms and Conditions will be governed by Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in relation to any dispute which may arise between them.
12.7 These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading
12.8 Subscription, we require a 3 month minimum sign up for the subscription. You will be charged for the remainder of the 3 months if you cancel within the period. Please consider this before signing up.
Last updated: 06/07/23
The Loco Love mobile message service (the "Service") is operated by Loco Love Chocolate (“Loco Love ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Loco Love’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Loco Love through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Loco Love. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Loco Love mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email hello@locolove.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
These Terms and Conditions were updated in July 2023
