Terms and Conditions

Part 1 – Website Terms of Use

  1. This website is the home of the Cadbury Online Store in Australia (“Site”). You can use this service to send a range of Cadbury gifts to any street address in Australia with a personalised gift message and customised outer sleeve as part of their packaging.
  2. The Cadbury Online Store is operated by Doculink Online Pty Ltd (ABN 24 625 303 684), referred to as "we" or "us" in these terms. Our business address is unit 6, 52 Wirraway Drive, Port Melbourne, Victoria 3207, Australia. We operate the Cadbury Online Store with authorisation from Mondelez Australia Pty Ltd (“Mondelez Australia”). We fulfil and supply the orders placed through the Cadbury Online Store.
  3. The Cadbury Online Store is owned by Mondelez Australia. Mondelez Australia supplies us with the products and product information featured on the Cadbury Online Store.
  4. These terms of use apply to your access to and use of the Cadbury Online Store. By accessing, browsing or using this Site, you agree to these terms of use as amended from time to time. If you do not accept these terms, do not use this Site. If you place an order, you will also be subject to other conditions, including the user agreement terms of the payment processor (ie Paypal Australia Pty Ltd (t/as Braintree Pty Limited)).
  5. Information contained elsewhere on the Cadbury Online Store (including the FAQs as well as the product descriptions and pricing) also form part of these terms.
  6. We reserve the right to make changes to the content of the Cadbury Online Store and to these terms at any time without prior notice. You should check this Site from time to time to review the current terms and conditions, as they will apply to you.
  7. If you wish to contact us about this Site or anything to do with the Cadbury Online Store, you can contact us on (03) 9676 2530 Monday – Friday, 9am – 5pm (excluding public holidays) or by email at contact@doculinkonline.com.au

Intellectual Property

  1. Most material relating to the Products on this Site, including but not limited to images, logos and illustrations, is protected by copyright, trademarks and other intellectual property rights which are owned and controlled by Mondelez Australia and/or its related companies. The content of this Site is provided for your personal, non-commercial use. Such material may not be copied, republished, uploaded, modified, transmitted, posted or distributed in any way without the prior written consent of Mondelez Australia.
  2. DAIRY MILK, THE GLASS AND A HALF DEVICE, THE COLOUR PURPLE AND ASSOCIATED MARKS, CADBURY DARK MILK AND ASSOCIATED DEVICES, CADBURY FAVOURITES and CADBURY DELIVERIES are trademarks used under licence.

Privacy and personal information about other people

  1. As the operator of the Cadbury Online Store we may collect personal information from you when you make a purchase via the Cadbury Online Store. This may include your name, email address, billing address, delivery/shipping address, telephone number, the products you purchase, any personalised gift messages and the details of any recipient where the item ordered is intended as a gift. We will process and use such personal information for the purposes of corresponding with you about your order, managing, processing and delivering your order.
  2. We may also share your personal information with Mondelez Australia for the purposes of auditing, data analysis and research to help deliver and improve the Cadbury Online Store, its design, content and services, to monitor and analyse trends, usage and activities in connection with its products and services and to understand which parts of the Cadbury Online Store are of most interest.
  3. Please note that Mondelez Australia (as the owner of the Cadbury Online Store Site), may also collect and process certain personal information about you from the Site. Mondelez Australia’s privacy policy applies to your use of the Site and its collection and handling of your personal information. The terms of this privacy policy form part of these Website Terms of Use.
  4. Your payment details are processed securely through PayPal. We do not retain your credit card details.
  5. Your payment details are processed securely through PayPal. We do not retain your credit card details.
  6. The Cadbury Online Store allows you to send Cadbury gifts to other people. If you provide another individual’s personal information to us, please ensure that they are aware of how to access these terms and conditions and applicable privacy policies referred to above.

Personalized content

  1. The Cadbury Online Store allows you to create a personalised product by adding personalised gift messaging (your own content) to the product packaging sleeve.
  2. Any personalised content you provide must be lawful, appropriate, in good taste and in accordance with these terms and conditions.
  3. 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 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 us, Mondelez Australia or the Mondel─ôz International group or their brands and products; or
  • do anything to damage or harm our brands, products or reputation or that of Mondelez Australia or the Mondel─ôz International group.
  1. You are solely responsible for the personalised content you provide. We and our respective suppliers are not responsible for reviewing your personalised content before your order is printed and dispatched. However, we may do so, and without limitation, we may refuse or cancel any order if in our view your personalised content and/or your use of the Cadbury Online Store do not comply with these terms and conditions.
  2. By placing an order, you warrant that your use of the Cadbury Online Store and any personalised content you provide complies with these terms and conditions..

Links to other websites

  1. This Cadbury Online Store may contain hyperlinks to other websites owned and operated by third parties, or to products offered by third parties. You acknowledge that we and Mondelez Australia are not responsible or liable for the content and activities of these third party websites or products.

Disclaimer

  1. The contents and information provided on the Cadbury Online Store are provided to you "as is". To the maximum extent permitted by law, we and Mondelez Australia disclaim all representations and warranties of any kind (express or implied) in relation to the Cadbury Online Store and the content, information, products and services provided on this Site including, without limitation, any implied warranties of merchantability, fitness for purpose, freedom from computer virus, the availability of this store, the accuracy or completeness of information, or of non-infringement.

Limitation of liability

  1. To the extent permitted by law, we and Mondelez Australia are not liable for any direct, special, indirect or consequential loss, loss of profit, or damages of any kind arising out of or in connection with your use of the Cadbury Online Store, or any content, information, products and services provided on this Cadbury Online Store (however arising, including negligence).
  2. We, Mondelez Australia and associated companies, and all other parties involved in creating, producing or developing this Site, exclude (to the maximum extent permitted by law) all liability whatsoever in relation to any use of this Site and the information contained in it, including any reliance on such information, whether directly or indirectly, and any loss or damage caused by a breach of your computer's security or the transmission of any computer virus by reason of your use of, access to, or downloading of any material from this Site.
  3. To the maximum extent permitted by law, all warranties in respect of this Site and the information contained in it (including the Site content, use of this Site, the security of your computer in accessing this Site, computer viruses, the availability, uptime and security of this Site and the integrity of data accessed through this Site) are excluded.
  4. Clauses 25, 26 and 27 above do not limit your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including consumer guarantees.

Indemnity

  1. You agree to fully indemnify us and Mondelez Australia and hold us harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party in connection with:
  • your use of this Cadbury online store;
  • your breach of these terms and conditions; or
  • your violation of any law or the rights of a third party.

Dietary content

  1. We and Mondelez Australia do not represent or warrant that the information (including any specific product) on the Cadbury Online Store is suitable for you or your gift recipient’s specific dietary needs or other requirements. All material included in this Site is intended to be of a general nature, and is included for general information only. It 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 in this Site 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.

Jurisdiction

  1. The information on the Cadbury Online Store is intended for use within Australia, and we do not imply that the information is appropriate or available for use outside Australia. The use of this Cadbury Online Store (including orders placed) and these terms and conditions are governed by, and are to be interpreted in accordance with, the laws of Victoria, Australia..

Part 2 – Terms and Conditions of Sale

  1. Terms and Conditions of Sale apply if you place an order on the Cadbury Online Store. By placing an order, you agree to these Terms and Conditions of Sale and the Website Terms of Use.
  2. You are purchasing products from Doculink Online Pty Ltd (ABN 26 625 303 684), referred to as "we", "us" or "Doculink Online" in these terms.
  3. We reserve the right to limit the number of Cadbury gifts you can purchase in a single transaction.
  4. We endeavour to ensure that the contents of any gift boxes or hampers are those described on the individual product pages of the Cadbury Online Store. If, however, specific Cadbury chocolate product(s) within a gift box or hamper are unavailable when your order is packed, you agree that we can substitute any unavailable product(s) with items of equal or greater value (based on recommended retail price) without notifying you.
  5. As part of the checkout and payment process, you must provide to us, all relevant details requested to process your order, including, among other things, the name of the intended recipient and their delivery address, and your personalised gift message (if any). 
  6. You warrant to us that any personal information which you are required to provide when placing an order is true, accurate, current and complete in all respects.
  7. At the completion of the checkout and payment process there will be a confirmation page showing the details of your purchase order which you can print for your records. You will also be sent an email confirmation.
  8. You warrant that any personalised products you purchase are for your own, or your recipient's personal use. You must not sell, or offer for sale, market or otherwise distribute the personalised products in any manner whatsoever.

Personalized content

  1. The Cadbury Online Store allows you to create a personalised product by adding personalised gift messaging (personalised content) to the product packaging sleeve.
  2. Any personalised content you provide must be lawful, appropriate, in good taste and in accordance with the terms stated in sections 20 to 22 of the Website Terms of Use.
  3. We or Mondelez Australia will not be responsible for any copyright or other intellectual property infringement or unlawful conduct by you.

Delivery address

  1. You must ensure that the delivery address you provide to us is sufficient and correct. We will deliver the products ordered by you to the address which you provide for delivery when you make your order. /li>
  2. We will not be responsible for any delay in delivery, failure to deliver any product, or delivery of product to the wrong person if you have given us an incorrect or insufficient delivery address. If you want us to correct a failed delivery, you may need to pay additional postage or courier cost. Where a product is sent to the wrong address due to your error, we will not be responsible for retrieving the products and you will need to place a new order at your own cost.
  3. 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. If you authorise us to leave the package at the delivery address, the package will be left at the door, or as close to the door as reasonably possible, at which point the package will be treated as delivered and our responsibility for it will end. If you do not authorise us to leave the package at the delivery address, and no one is present at the delivery address to accept delivery, a parcel collection notice will be left in the recipient’s mail box with instructions on how to collect the parcel (ie from local Australia Post outlet, or from courier depot). We are not responsible for checking the identity of the person who receives the package at the delivery address you have provided, and if subsequently the product is not passed on to your intended recipient we will not be liable to you to refund or resend the product.
  4. Title and risk pass on delivery to the delivery address. If you instruct or give us authority to leave the package at the delivery address, our leaving the package at the delivery address will constitute delivery.

Delivery Time

  1. We only deliver products purchased through the Cadbury Online Store to Australian street addresses. We do not deliver to PO Boxes, AFPO, PMO or Locked Bags.
  2. We will aim to deliver any products to the delivery address you provide in your order within 4 business days of placing the order, (although delivery times are highly variable during the Covid 19 lockdown). Deliveries to regional addresses may take a little longer.
  3. 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 deliver orders during these timeframes. Any delivery and dispatch timeframes quoted on the Site do not include weekends or public holidays. There is no delivery on weekends and public holidays.
  4. Whilst we make every effort to deliver products within a specified timeframe, we cannot guarantee delivery times, or accept liability for deliveries made outside this timeframe. We also cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
  5. Some street addresses in remote areas may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
  6. 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 our Shipping and Delivery terms.


Click and Collect Delivery

 

 26. For orders over 10 items you must order at least 2 complete business days prior to your day of collection. Items can be collected between 9.00am - 4.00pm AEST.

27. You must collect your items at Doculink Online Unit 6, 52 Wirraway Drive Port Melbourne 3207 Victoria Australia within 14 business days. In order to collect you will need to present the order number and a form of identification.

28. If you are unable to collect your items within 14 business days please contact our 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.

 29.  If your order has not been collected within 2 months, we will contact you to remind you and give you the option to arrange to collect or make alternative delivery arrangements based on our current delivery prices. If our attempt to contact you fails and you have not picked up your order within 3 months then we will cancel the order and no refund will be given.


Same Day Delivery

30. For orders under 10 items, if ordered before 10am deliveries will be made prior to 6.00pm AEST the same day, we are unable to deliver at a specific time during the day. For orders over 10 items: please phone our Customer Service Team      (03) 9676 2530 or email contact@doculinkonline.com.au

31. Deliveries are made Monday to Friday, we are unable to deliver on weekends or public holidays. Although we will endeavour to deliver the same business day or on the preferred date requested, preferred delivery date is not guaranteed.

32. Unfortunately, we are unable to deliver to PO Box addresses. 

33. Orders placed after 10.00am AEST are not eligible for same day delivery.


Payment

  1. All prices on the Cadbury Online Store are in Australian dollars and are inclusive of GST, unless otherwise stated.
  2. We will charge, and you agree to pay, in relation to each order, the delivery charges set out on our Site and which we will advise to you at the time of placing an order
  3. Your payment is subject to the user terms of our payment gateway provider, Paypal Australia Pty Ltd (ABN 75 082 966 863). Please see https://www.paypal.com/au/webapps/mpp/ua/useragreement-full.
  4. Payment for any products can be made through PayPal or using your VISA, Mastercard, Diners or American Express card. You acknowledge that your use of the PayPal service will be subject to relevant PayPal terms and conditions, and we have no control over the PayPal service.
  5. The name Doculink Online PTY LTD [$xxx] will appear on your bank statement in respect of any payments you make to us.
  6. 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. We reserve the right to cancel orders and refund a customer’s money due to these errors on the Site or in related advertising materials.

Coupon codes

  1. 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.
  2. Only one coupon code can be used per transaction. Unique coupon codes can only be used once.
  3. We reserve 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.

Cancellation, refunds and replacement

  1. We reserve the right to refuse to process any order or to cancel any order (or part of an order), provided that we act reasonably (for example in the event an order may cause offence or distress to a person). In the event that we are unable to proceed with an order (or part of an order), we will notify you directly via email or phone. If we cancel your order, we will refund the amount that you paid in full via your original payment method.
  2. Once you have placed an order and it has been confirmed, you are not entitled to cancel it.
  3. 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 us using the information published in the "Contact us" section of the Cadbury Online Store. In certain circumstances, we may ask that you supply us with a photograph via email of any damaged products or that the product is returned to us for inspection.

Disclaimer

  1. Products and services provided by us are provided to you "as is". To the maximum extent permitted by law, we disclaim all representations and warranties of any kind (express or implied) in relation to products purchased by you from us from the Cadbury Online Store.

Limitation of liability

  1. To the extent permitted by law, we and Mondelez Australia 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 this agreement, your order through the Cadbury Online Store, or any content, information, products and services provided by us or Mondelez Australia, including on the Cadbury Online Store (however arising, including negligence).
  2. These terms do not in any way limit your statutory rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including consumer guarantees..

Indemnity

  1. You agree to fully indemnify us and Mondelez Australia and hold us harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party in connection with:
  • Your breach of these terms and conditions; or
  • Your violation of any law or the rights of a third party.

Formation of contract

  1. You are deemed to place an order with us by ordering via our online checkout process. When you place an order via the Cadbury Online Store, you will receive from us an email confirming the details of the products you have ordered from us. This email will only be an acknowledgement and will not constitute acceptance of your order. Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed beforehand. We are not obliged to supply the product to you until we have accepted your order. Until the time when we accept your order, we reserve the right to reasonably refuse to process your order . For example, we may refuse to accept an order: (a) Where the product ordered is not available or not able to be substituted with other similar products; (b) Where we cannot obtain confirmation that your payment has been authorised or received; (c) if there has been a pricing or product description error; (d) if you or the order do not meet any of the requirements of our Terms and Conditions; or (e) if the order is to be delivered outside of Australia.
  2. For each order accepted, we will supply the selected products in that order in accordance with these Terms and Conditions of Sale.

Jurisdiction

    1. This agreement is governed by, and are to be interpreted in accordance with, the laws of Victoria, Australia.