1.    GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website, “we”, “our” and “us” means Fudge Fixation, and “you” and “your” means you, the user or customer of this website.
The use of the term “product” includes the plural “products”.

Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.

If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website. We reserve the right to refuse service to anyone for any reason at any time.

We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.

You warrant that you have reviewed the ingredients and allergens of the product prior to ordering the product.  Fudge Fixation will not be held accountable for any allergic reaction for ingredients listed for each product.

2.    CHANGES TO TERMS
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.

3.    CHANGES TO PRODUCTS
We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.

We make every effort to ensure that product descriptions on our website are accurate. However, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.

4.    PRODUCT PRICES
All prices are in Australian Dollars.

The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.

We reserve the right to change prices displayed for products on our website at any time.

5.    INTERNATIONAL SALES
We do not sell and deliver products internationally. 

6.    GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

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7.    AGE RESTRICTIONS
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under 18.
By placing an order with us through this website you acknowledge that you are over eighteen (18) years of age.

Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.

8.    INTERNET COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website, you and we consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You and we agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.

This website may:
Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
Request your browser to transmit this data back to the web server; or
Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain. (NB: Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want. If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.)

9.    INTELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this website, without obtaining our prior written consent.

Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.

The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.

10.    CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.

11.    ORDERING PRODUCT
You can place an order only by clicking the “Add to Cart” button.

When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions.

It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non-delivery of the product.

Your details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. We do not store credit card details.

We will issue you with an Order Number by email after we have received your offer to purchase.

We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.

We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.

12.    PAYMENT
We only accept payment through PayPal and Square, both of which accept all major credit cards. 

Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for orders placed on a weekend or a Public holiday will not begin until the next working day.

Credit Cards:
We do not accept international credit cards, we accept Australian credit cards only.
We process Credit cards payments when you checkout from the product order screen.
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

13.    DELIVERY
All orders are posted via Australia Post Express Post. You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 5 working days from the date of payment of your order.  Orders placed at the end of the week will not be posted until the Monday of the following week to reduce the time the parcel is in transit. 

We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.

14.    PASSING OF PROPERTY
Property in the product passes to you upon receipt of the product by you.

15.    WARRANTIES
Statutory Conditions and Warranties:
Fudge Fixation provides a voluntary warranty and applies the Conditions and Warranties required by law.

For all products sold, Fudge Fixation provides conditions and warranties contained in the Commonwealth Trade Practices Act 1974.

The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.

If the product does not fulfill any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.

Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.

Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to Fudge Fixation and you including any costs involved.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide. 

Exceptions: Fudge Fixation will not provide a refund, credit or exchange if:
•    You have damaged the product by using it in a way, other than how it was meant to be used.
•    You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty.

Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fudge Fixation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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Indemnification
You agree to indemnify, defend and hold harmless Fudge Fixation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Voluntary Warranty Policy
All products sold by Fudge Fixation have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 2 days from first attempt of delivery, Fudge Fixation will replace the product at our discretion and our cost. If Fudge Fixation have no further stock of the item, Fudge Fixation will replace it with a similar product or offer you a full refund.

If the damage is discovered outside the 2 day period, contact us to determine whether circumstances are such that you can still proceed with a claim. 

Fudge may become soft during hot weather deliveries, but will firm up again when returned to a cooler temperature.  Softened fudge is not considered defective or damaged.

This warranty does not apply to damage packaging only and does not detract from your statutory rights.

Manufacturers Voluntary Warranty
It is possible that some of the products supplied by Fudge Fixation are covered by Manufacturers voluntary warranty.

The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website.

For some products it may be more efficient for you to contact the manufacturer rather than Fudge Fixation. 
A manufacturers warranty does not detract from your statutory rights.

Making a Claim
To make a claim you must:
•    Provide us with a copy of your tax invoice or similar proof that the item was purchased from us.
•    Describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim
•    State whether you are requesting a replacement or refund

Return of Product for Warranty Claim
Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.

We reserve the right to determine if any returned product is defective and the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by us.

Where it is agreed that the claim is valid a replacement product will be returned to you at our expense.

Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.

Consumer guarantees
As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from Fudge Fixation. In accordance with Australian Consumer Law, if the item has a major failure, you may reject the item and seek a refund or exchange, or you may keep the item and seek compensation for any drop in the value of the product. Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you.

Refunds
We do our best to ensure quality and accuracy. If for any reason though, your product is damaged upon arrival or incorrect compared to your order receipt, please contact us within 7 days and we will issue a refund. All we need is a photograph via email of any damaged goods at fudgefixation@gmail.com.au  As fudge is perishable there is no need to return the goods to us.

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Once your email is received and inspected, we will send you an email to notify you that we have received your email. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 2 days.

Exchange Policy
If you receive your order and a product is not quite what you thought, or significantly different to the image on our website, we are happy to exchange your item within 7 days of you receiving your order. Non-perishable goods must be returned in original packaging and in saleable condition. If the item is not returned in saleable condition, we will not exchange the products.

We cannot offer exchange on perishable goods, but if you are unhappy with your purchase, please contact us to negotiate an agreed outcome.

Sale or On Special Products
No exchange or refund will be given for sale or on-special products
If a product is exchanged the cost of shipping is paid by the customer.

16.    RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.

Our contact details are below and we will respond to your query as soon as possible.
Email: fudgefixation@gmail.com 
Phone: 0418748585
Post: 320 Pechey Forestry Rd, Pechey 4352