• Terms & Conditions •

1. Who is allowed to use the website:

If you are accessing the Website on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

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2. Payment Methods:

We accept payment through Stripe. By making a purchase on the Website, you agree to abide by Stripe's terms and conditions. All payments are processed securely through Stripe's payment gateway. In compliance with our commitment to safeguarding your financial information, we assure you that unless specifically specified by you, we do not retain any credit card details on our servers. Your privacy and security are of paramount importance to us, and we employ industry-standard encryption protocols to ensure the confidentiality of any payment information you provide. By engaging in transactions with us, you agree to provide accurate and up-to-date payment details and authorize us to process payments using the information provided. Any discrepancies or concerns regarding payments should be promptly communicated to our customer support team for resolution. We reserve the right to update or modify our payment terms and conditions, and any such changes will be communicated to you in advance. By continuing to use our services, you acknowledge and accept these terms regarding payments.

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3. Changes to Offering:

We reserve the right to change, modify, or discontinue any aspect of the Website or services provided at any time without notice. This includes but is not limited to changes in product offerings, pricing, imagery or website features. We may also impose limits on certain features or restrict access to parts of the Website without notice or liability. Whilst we try to make sure they are accurate as possible, it is not a substitute for you reading the product packaging and label prior to use. Pohutukawa Chocolate Company is therefore unable to accept liability for any incorrect information. If you do require precise ingredient information you should consult the manufacturer, or contact us before purchase and we will try to aid you as much as possible. You should also note that product imagery is only for illustrative purposes, as the product packaging can also change from time to time.

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4. Warranties:

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content on the Website. While we strive to provide accurate and up-to-date information, we cannot guarantee that the information provided on the Website is error-free. You acknowledge that your use of the Website is at your own risk.

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5. Intellectual Property:

All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Pohutukawa Chocolate Company and is protected by intellectual property laws, including copyright and trademark laws. You may not use, reproduce, distribute, or modify any content from the Website without our prior written consent.

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6. Account Suspension or Cancellation:

We reserve the right to suspend or cancel your account at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or misuse of the Website. We may also terminate or suspend your access to the Website without prior notice or liability.

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7. Indemnification:

You agree to indemnify and hold harmless Pohutukawa Chocolate Company, its affiliates, officers, directors, employees, service providers and agents from and against any and all claims, damages, liabilities, costs, and expenses, including but not limited to legal fees, arising out of your use of the Website or related to your participation in the referral program. This includes, but is not limited to, any breach of these Terms outlined herein, any violation of applicable laws or regulations, and any infringement of third-party rights. With regard to the referral program, participants acknowledge that their participation in the referral program is at their own risk and that they are solely responsible for their actions and any consequences thereof or any damages or losses resulting from reliance on the program. Participants acknowledge that the referral program is provided on an 'as is' and 'as available' basis, without any warranties or representations, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

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8. Limitation of Liability:

In no event shall Pohutukawa Chocolate Company be liable for any indirect, incidental, special or consequential damages resulting from the use or inability to use the materials on this site or the performance of the products, even if Pohutukawa Chocolate Company has been advised of the possibility of such damages. This includes but is not limited to damages for lost profits, lost revenue, lost data, or business interruption. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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9. Right to Change and Modify Terms:

​We reserve the right to change, modify, or update these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website after any changes to these Terms will constitute your acceptance of such changes.

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10. Promotional Emails and Content:

​By providing your email address, you consent to receive promotional emails from us. You can unsubscribe from these emails at any time by following the instructions provided in the email. We may also send you other types of communications, such as service announcements, administrative messages, or updates to these Terms.

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11. Preference of Law and Dispute Resolution:

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising out of or in connection with these Terms shall be resolved through arbitration in New Zealand in accordance with the rules of the New Zealand Arbitration Association. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes arising out of or related to these Terms.

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12. Third-Party Links:

In the event that our website includes links to third-party sites or services, it's important to note that our privacy policy does not extend to these external platforms. We advise users to review the privacy policies of these linked sites independently, as they may have different practices regarding the collection and use of personal information.

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13. Product Availability and Substitutions:

We make every effort to ensure that the products displayed on our Website are available for purchase. However, we cannot guarantee the availability of all products at all times. In the event that a product becomes unavailable after you have placed an order, we reserve the right to substitute the unavailable product with a similar product of equal or greater value.

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14. Shipping and Delivery:

We strive to process and ship all orders promptly. However, shipping times may vary depending on your location and other factors beyond our control. We are not responsible for any delays or issues related to shipping and delivery, including but not limited to delays caused by carriers, customs clearance, or unforeseen circumstances.

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15. Product Quality and Satisfaction:

We stand behind the quality of the products we sell. If you are not completely satisfied with your purchase, please contact us within 5 days of receiving your order to arrange for a refund or replacement. Please note that certain perishable items may not be eligible for return or refund.

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16. Pricing and Currency:

All prices displayed on our Website are in NZD (New Zealand Dollar) and are subject to change without notice. While we strive to ensure the accuracy of pricing information, errors may occur. In the event of a pricing error, we reserve the right to cancel or refuse any orders placed at the incorrect price, even if the order has been confirmed and payment processed.

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17. Wholesale and Bulk Orders:

We offer wholesale pricing and discounts for bulk orders. If you are interested in purchasing our products for resale or in larger quantities, please contact us directly to inquire about wholesale pricing, minimum order quantities, and other terms and conditions applicable to wholesale orders.

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18. Compliance with Laws and Regulations:

By using our Website and purchasing our products, you agree to comply with all applicable laws, regulations, and requirements, including but not limited to import/export laws, customs regulations, and food safety standards. You are solely responsible for ensuring that your use of our products and services complies with all applicable laws and regulations in your jurisdiction.

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19. Feedback and Reviews:

We value your feedback and encourage you to share your thoughts and experiences with our products. By submitting feedback, reviews, or other content to our Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media worldwide.

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20. Governing Law and Jurisdiction:

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Wellington, New Zealand, and you hereby consent to the jurisdiction and venue of such courts.

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21. Warranty Disclaimer and Limitation of Liability:

This website and the materials and products offered herein are provided on an "as is" basis without warranties of any kind, whether express or implied. Pohutukawa Chocolate Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pohutukawa Chocolate Company does not guarantee uninterrupted or error-free access to the site, nor does it warrant that the site or its server is free of viruses or other harmful components. While Pohutukawa Chocolate Company strives for accuracy, it does not warrant the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise of the materials on this site. Some jurisdictions do not permit the exclusion of certain warranties, so the above limitations may not apply to you.

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22. Duties and Taxes:

When shipping goods internationally, customs in the destination country may impose duties and taxes. Payment of these duties and taxes is the responsibility of the recipient. Customs duties are more likely to apply to shipments to certain destinations, including Europe, the UK, and Canada.

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23. Typographical Errors:

In the event that a Pohutukawa Chocolate Company product is listed at an incorrect price, Pohutukawa Chocolate Company reserves the right to refuse or cancel any orders placed for the product at the incorrect price. Pohutukawa Chocolate Company may refuse or cancel such orders regardless of whether the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is canceled, Pohutukawa Chocolate Company will issue a credit to your account for the amount of the incorrect price.

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24. Termination:

These terms and conditions are applicable upon your access to the site and/or completion of the registration or shopping process. Pohutukawa Chocolate Company may terminate these terms and conditions or any part thereof without notice at any time, for any reason. Certain provisions, including those relating to copyrights, trademarks, disclaimers, limitations of liability, indemnification, and miscellaneous, shall survive termination.

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25. Notice:

Pohutukawa Chocolate Company may provide notice to you via email, a general notice on the site, or other reliable methods to the address you provided.

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26. Use of Site:

Harassment in any form on the site, including via email, chat, or through obscene or abusive language, is strictly prohibited. Impersonation of others or uploading, distributing, or publishing objectionable content is also prohibited.

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27. Subscriptions:

In the event of a lapse in subscription-based payments, a grace period of seven days will be provided for the completion of the payment process. Throughout this duration, automated attempts will be made to process the payment using the provided method. Should the payment remain outstanding beyond the grace period, an administrative fee of up to $200 will be levied, and the subscription will be promptly terminated. Failure to remit the administration fee may lead to legal recourse and potentially additional charges.

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28. Referral Programs:

We manage two distinct referral programs: an individual referral program and a business referral program.

1. Individual Referral Program:

As part of our individual referral program, we offer an attractive incentive for both referrers and referees from time to time. Referrers can earn rewards when they successfully refer someone who completes a qualifying action, such as making a purchase or signing up for a service. Referees also benefit by receiving a special offer or discount when they are referred. Please note that all referrals must adhere to the program's terms and conditions to be eligible for rewards. We reserve the right to modify or terminate the program at any time.

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2. Business Referral Program:

As part of our business referral program, we offer a cash reward of 10% of the value of the referred order per successful referral. However, please note that this reward can only be claimed once per business. In other words, if the referred individual makes multiple purchases over time, the referrer is eligible for the reward only on the initial purchase. In cases where multiple businesses refer the same entity, the cash reward will be awarded to the referrer whose claim form was submitted first. To ensure the integrity of the program, we require that you only submit referral contacts whom you know have completed a purchase. We will cross-reference your list of successful referrals with details of completed purchases. Upon the submission of a request through our online form, we aim to provide a response within 3 days of receipt. This time-frame allows for the essential checks to verify credibility and authenticity. Upon completion of this step, we will proceed to contact you using the information provided from the online form. It is at this stage that we will inform you of your eligibility to participate in the program. Subsequent stages of the program will then be conducted through these established means of communication. Payments are processed one month after confirmation of eligibility for the program. Our payments are made to all customers on the 30th of each month. Please be aware that we retain the right to decline your request to participate in the business referral program for any reason. To participate, you must either be a legitimate business owner or possess the appropriate authority to refer multiple contacts. For each referral, we may request the following details, among others: name, email, address, phone number, occupation, place of employment, order details. We reserve the right to modify or terminate the program at any time.

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29. Participation Disclaimer:

Pohutukawa Chocolate Company does not review all communications and materials posted on the site and is not responsible for their content. Pohutukawa Chocolate Company reserves the right to block or remove any communications or materials deemed abusive, deceptive, fraudulent, or offensive.

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30. Non-Affiliation Disclaimer:

Pohutukawa Chocolate Company is an independent seller of Whittaker's chocolate products. We are not affiliated with, nor do we represent, the Whittaker's company. While we legally obtain and sell Whittaker's chocolate products on our website independently, we do not claim ownership of the Whittaker's brand. All references to Whittaker's chocolate products on our website are for descriptive purposes only. By purchasing Whittaker's chocolate products from us, you acknowledge that Pohutukawa Chocolate Company operates independently and is not an official representative of Whittaker's.

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31. Customer Support:

For customer support or inquiries, visit our contact page or email us directly at contact@pohutukawachocolateco.co.nz. We strive to provide excellent customer service and will do our best to address any questions or concerns you may have regarding your use of the Website or our products and services.

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These Terms and Conditions constitute the entire agreement between you and Pohutukawa Chocolate Company regarding your use of the Website and supersede all prior or contemporaneous agreements and understandings, whether written or oral.