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Terms & Conditions

Margaret River Fudge Factory Effective date: 29 July 2026

 

1. About these terms

These Terms and Conditions apply to:

  • use of the Margaret River Fudge Factory website;

  • purchases made through our online store;

  • telephone and email orders;

  • purchases from our Margaret River retail store;

  • custom and made-to-order products;

  • retail and corporate orders; and

  • wholesale orders and accounts.

By using our website, submitting an order or purchasing products from us, you agree to these Terms and Conditions.

If you do not agree with these terms, you should not use the website or place an order.

 

2. Business details

In these terms, “Margaret River Fudge Factory”, “we”, “us” and “our” refer to the following:

Legal business name: Margaret River Fudge Factory Pty Ltd Trading name: Margaret River Fudge Factory ABN: 65090811582 Address: 152 Bussell Highway, Margaret River, Western Australia Email: sales@fudgefactory.com.au Telephone: 08 9758 8881 Website: www.fudgefactory.com.au

“You” and “your” refer to the website visitor, retail customer, wholesale customer or other purchaser.

 

3. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

Where a product does not meet an applicable consumer guarantee, you may be entitled to a remedy such as a replacement, refund or compensation, depending on the circumstances and the seriousness of the failure.

Our separate Returns, Refunds and Product Quality Policy forms part of these terms.

 

4. Eligibility to order

You must be at least 18 years old and legally capable of entering into a contract to place an order through our website.

A person placing an order on behalf of a business represents that they have authority to bind that business to the order and these terms.

 

5. Website information

We take reasonable care to ensure that website information is current and accurate. However:

  • product availability may change;

  • seasonal products may be discontinued;

  • packaging may be updated;

  • minor website errors may occur; and

  • product photographs may display differently depending on the screen or device being used.

We may correct genuine errors and update website content when reasonably necessary.

A correction will not remove any rights that have already arisen under the Australian Consumer Law or an accepted order.

 

6. Handmade products

Our fudge, chocolate and confectionery products are handmade, often in small batches.

Minor variations may occur in:

  • shape;

  • size;

  • colour;

  • decoration;

  • finish;

  • texture;

  • ingredient distribution;

  • packaging placement; and

  • appearance.

Reasonable handmade variations are not faults where the product remains safe, of acceptable quality and consistent with its description.

 

7. Product weights

Where a product is sold by a stated net weight, the labelled quantity is subject to the measurement and packaging tolerances permitted by applicable law.

Photographs and serving suggestions are illustrative and may not show the exact quantity supplied.

 

8. Ingredients, allergens and dietary information

Customers must review the current ingredient and allergen information supplied with the product before consumption.

Our products may be produced or handled in an environment containing allergens, including:

  • milk;

  • soy;

  • peanuts;

  • tree nuts;

  • wheat;

  • gluten;

  • eggs; and

  • other allergens.

Ingredient formulations, suppliers and production arrangements may change. The information displayed on the physical product label should be checked before consumption, even where website information was reviewed before ordering.

Customers with allergies, intolerances or dietary requirements should contact us before ordering if clarification is required.

We do not guarantee that a product is free from traces of an allergen unless we expressly provide that guarantee in writing for the particular product.

Nothing in this section limits our responsibility for inaccurate or legally non-compliant ingredient or allergen information.

 

9. Product storage

Fudge and chocolate are affected by heat, humidity, sunlight, moisture and strong odours.

Customers must follow the storage instructions provided with the product. Unless otherwise stated, products should generally be:

  • kept in a cool, dry place;

  • protected from direct sunlight;

  • kept away from heat sources;

  • stored in sealed packaging where appropriate; and

  • consumed before the applicable best-before or use-by date.

We are not responsible for deterioration caused after collection or successful delivery by incorrect handling, transport or storage by the customer or another person under the customer’s control.

 

10. Prices

Retail prices will be displayed in Australian dollars and will include GST where GST is applicable, unless clearly stated otherwise.

Wholesale prices may be displayed or quoted excluding GST. GST will be added where applicable and clearly shown on the quotation, order confirmation or invoice.

Delivery, freight, packaging, customisation and other charges will be displayed or advised before the order is finalised where reasonably practicable.

We may update prices for future orders. Price changes will not affect an order that has already been accepted, except where the customer agrees to a change or an obvious pricing error is addressed in accordance with these terms.

 

11. Card surcharges

A card surcharge may apply where it is disclosed before payment.

Any card surcharge will not exceed the amount we are lawfully permitted to charge for that payment method.

Where no surcharge-free payment option is available, any mandatory surcharge will be included in the displayed price as required by law.

 

12. Placing an order

An order is an offer by you to purchase the selected products on these terms.

After you place an online order, you may receive an automated acknowledgement. An automated acknowledgement confirms that the order was received but does not necessarily confirm that it has been accepted.

We accept an order when we:

  • expressly confirm acceptance;

  • confirm that the products are ready for collection;

  • dispatch the products; or

  • otherwise begin fulfilling the order.

For custom, personalised or wholesale orders, acceptance may occur when we issue written confirmation, accept a deposit or commence agreed production.

 

13. Order information

You are responsible for checking that the following information is accurate before submitting an order:

  • products;

  • quantities;

  • flavours;

  • customisation;

  • gift messages;

  • recipient details;

  • delivery address;

  • billing details;

  • requested dates; and

  • contact information.

Please contact us promptly if you discover an error. Changes may not be possible after production, packing or dispatch has begun.

We are not responsible for delays or failed deliveries caused by incorrect information supplied by the customer, although we will take reasonable steps to assist where possible.

 

14. Order acceptance and cancellation by us

We may decline or cancel an order where reasonably necessary because:

  • a product is unavailable;

  • ingredients or packaging are unavailable;

  • there is an obvious pricing or website error;

  • payment is not authorised or received;

  • fraud or unauthorised activity is reasonably suspected;

  • the order cannot be delivered to the stated location;

  • the requested completion date cannot reasonably be met;

  • fulfilling the order would be unsafe or unlawful; or

  • an event outside our reasonable control prevents fulfilment.

If we cancel an order after receiving payment, we will refund the amount paid for the cancelled products and any related delivery charge that is no longer required.

Where practicable, we may offer an alternative product or revised completion date. You are not required to accept an alternative.

 

15. Availability and substitutions

Products are subject to availability.

We will not make a material substitution without contacting you where the substitution would alter:

  • the product type;

  • flavour;

  • price;

  • allergen profile;

  • dietary suitability;

  • quantity; or

  • essential character of the order.

Where an agreed product cannot be supplied, we may offer:

  • a suitable alternative;

  • a revised fulfilment date;

  • removal of the unavailable item; or

  • a refund for the affected item.

 

16. Payment

Accepted payment methods will be displayed online or advised when the order is placed.

Unless approved credit terms apply, full payment is required before:

  • an online order is processed;

  • products are dispatched;

  • products are collected; or

  • custom production begins.

Deposits may be required for custom, large, corporate or wholesale orders.

You must ensure that you are authorised to use the selected payment method.

 

17. Fraud prevention

We may carry out reasonable verification or fraud-prevention checks before accepting or dispatching an order.

We may request additional identification or payment confirmation where reasonably necessary.

If satisfactory verification cannot be obtained, we may cancel the order and refund any payment received.

 

18. Collection orders

Collection orders must be collected:

  • from the agreed location;

  • during the advised opening or collection hours; and

  • on or within the agreed collection period.

Customers should check the order at collection where reasonably possible.

Once a product has been collected, the customer is responsible for protecting it from heat, sunlight, moisture and other unsuitable conditions.

If an order is not collected, please contact us promptly. Because products may be fresh, personalised or made to order, uncollected products may not be capable of resale and a refund may not be available, subject to applicable law and the circumstances.

 

19. Delivery and shipping

Available delivery locations, charges and methods will be displayed online or agreed when the order is placed.

Delivery dates are estimates unless we expressly guarantee a date in writing.

We will take reasonable steps to:

  • prepare orders on time;

  • use suitable packaging;

  • provide accurate dispatch information; and

  • notify customers of significant known delays.

Delays may occur because of weather, carrier disruption, seasonal demand, road conditions or other circumstances outside our reasonable control.

Where we cannot supply a paid order within the agreed time or a reasonable time, we will offer an appropriate solution in accordance with applicable law.

 

20. Authority to leave

Where a customer authorises a parcel to be left unattended, the customer accepts the ordinary risks associated with the nominated location after successful delivery.

Customers should not nominate a location exposed to:

  • direct sunlight;

  • heat;

  • rain;

  • animals;

  • theft; or

  • extended periods before collection.

This section does not exclude responsibility for loss or damage caused by us or our delivery provider before successful delivery, or any liability that cannot lawfully be excluded.

 

21. Temperature-sensitive products

Chocolate and fudge are temperature-sensitive products.

We may:

  • delay dispatch during extreme weather;

  • recommend express delivery;

  • use insulation or temperature-protection packaging;

  • restrict certain delivery locations; or

  • contact you to agree on alternative arrangements.

Temperature-protection packaging reduces risk but cannot guarantee that products will remain unaffected if they are delayed, left unattended or exposed to unsuitable conditions after delivery.

Claims involving melted or heat-affected products will be assessed under our Returns, Refunds and Product Quality Policy.

 

22. Risk and responsibility

For retail orders delivered by us or our selected carrier, responsibility for the products passes to you when the products are successfully delivered to the nominated address or collected by you or your authorised representative.

Where a wholesale or other customer appoints its own carrier, responsibility may pass when the order is collected by that carrier, subject to:

  • the agreed delivery terms;

  • the Australian Consumer Law;

  • any applicable wholesale agreement; and

  • any liability that cannot lawfully be excluded.

 

23. Custom and personalised orders

Custom and personalised orders may include:

  • personalised packaging;

  • labels;

  • gift messages;

  • event products;

  • corporate branding;

  • wedding favours;

  • special flavours;

  • special quantities; and

  • products manufactured to a customer’s specification.

The customer is responsible for approving all relevant details, including spelling, names, dates, artwork, colours and quantities.

Minor colour differences may occur between a digital screen, printed proof and finished packaging.

Once production, printing or purchasing of special materials has begun, changes or cancellations may attract reasonable charges for work completed and costs incurred.

Custom products remain covered by all applicable consumer guarantees.

 

24. Customer-supplied artwork and materials

Where you provide a logo, photograph, design, wording or other material, you confirm that:

  • you own the material or have permission to use it;

  • our use of it for your order will not infringe another person’s rights;

  • it does not contain unlawful, misleading, offensive or defamatory material; and

  • the information supplied is accurate.

We may refuse material that we reasonably believe is unlawful, infringing or unsuitable.

You retain ownership of your material. You grant us permission to reproduce and adapt it only as reasonably required to prepare, manufacture and fulfil your order.

 

25. Order changes and customer cancellations

Please contact us promptly to request a change or cancellation.

For standard products, we may approve cancellation where production, packing or dispatch has not begun.

For fresh, custom, personalised, corporate or wholesale orders, reasonable cancellation charges may apply to cover:

  • ingredients purchased;

  • packaging ordered;

  • printing completed;

  • production already undertaken;

  • labour performed; and

  • other non-recoverable costs.

We will explain applicable charges and will not impose charges that are unlawful or disproportionate to the loss reasonably incurred.

Change-of-mind cancellation rights do not apply unless we agree or the law provides otherwise.

 

26. Returns, refunds and quality concerns

Returns, refunds, replacements and product-quality claims are managed under our separate:

Returns, Refunds and Product Quality Policy

Because our products are fresh or perishable food products, change-of-mind returns are generally not accepted for opened, unwanted or incorrectly selected products.

This does not affect rights relating to faulty, unsafe, damaged, misdescribed or incorrectly supplied products under the Australian Consumer Law.

 

27. Promotions and discount codes

Promotions may be subject to additional conditions displayed with the offer.

Unless otherwise stated:

  • promotions apply only during the advertised period;

  • discount codes must be entered before checkout is completed;

  • offers cannot be exchanged for cash;

  • discounts cannot be applied retrospectively;

  • one discount may be used per order; and

  • promotions are subject to product availability.

Promotional conditions will not remove any rights under the Australian Consumer Law.

 

28. Gift cards and vouchers

Gift cards or vouchers are subject to:

  • the conditions displayed on the card or voucher;

  • any applicable expiry date;

  • any excluded products or locations clearly disclosed before purchase; and

  • applicable Australian gift-card laws.

Lost or stolen gift cards may not be replaceable unless satisfactory proof of purchase and the unused card details can be verified.

 

29. Wholesale customers

Wholesale orders may also be governed by:

  • an approved wholesale application;

  • a quotation;

  • a price list;

  • an order confirmation;

  • an invoice;

  • approved credit terms; or

  • a separate written supply agreement.

Where a specific written term for an accepted wholesale order conflicts with these general terms, the specific term will apply to that order to the extent of the inconsistency, subject to applicable law.

Wholesale customers must:

  • provide accurate business and delivery information;

  • order in applicable carton, shipper or minimum quantities;

  • store products according to supplied instructions;

  • rotate stock appropriately;

  • promptly inspect deliveries;

  • report shortages, damage and quality concerns;

  • pay invoices by the due date; and

  • not alter legally required labelling or represent products inaccurately.

 

30. Wholesale pricing and GST

Wholesale pricing is confidential unless we agree otherwise.

Wholesale prices may change for future orders because of changes to:

  • ingredients;

  • cocoa;

  • packaging;

  • freight;

  • labour;

  • exchange rates;

  • regulatory costs; or

  • other business costs.

A price change will not affect an already accepted order unless the customer agrees.

GST, delivery and other applicable charges will be shown on the quotation, order confirmation or invoice.

 

31. Wholesale payment terms

Wholesale invoices must be paid by the due date stated on the invoice or agreed credit terms.

Where an account is overdue, we may reasonably:

  • contact the customer for payment;

  • place new or undelivered orders on hold;

  • require payment before further supply;

  • reduce or withdraw credit terms for future orders; or

  • refer the overdue account for lawful recovery action.

We will not exercise these rights in a manner prohibited by law.

Any interest, recovery cost or other late-payment charge will apply only where it was clearly agreed, is lawfully recoverable and is not unfair or disproportionate.

 

32. Wholesale resale and product handling

Wholesale customers are responsible for:

  • storing products under suitable conditions;

  • maintaining product traceability;

  • following best-before and stock-rotation practices;

  • providing consumers with required product information;

  • not selling products that are damaged, unsafe or unfit for sale; and

  • notifying us promptly of a potential product-safety issue.

Wholesale customers must not remove, obscure or alter:

  • ingredient information;

  • allergen declarations;

  • best-before or use-by information;

  • batch details;

  • net-weight declarations; or

  • other legally required information.

 

33. Product recalls and safety notices

Customers and wholesale customers must cooperate with reasonable instructions relating to:

  • a product withdrawal;

  • safety notice;

  • labelling correction;

  • traceability investigation; or

  • product recall.

This may include identifying affected stock, stopping sale, notifying recipients, returning products or safely disposing of products.

 

34. Website accounts

You are responsible for:

  • keeping login details confidential;

  • restricting access to your device;

  • ensuring account information remains current; and

  • notifying us of suspected unauthorised activity.

We may suspend an account where reasonably necessary to protect the customer, our business or other users.

 

35. Acceptable website use

You must not use our website to:

  • engage in unlawful or fraudulent conduct;

  • interfere with website operation or security;

  • introduce malware or harmful code;

  • attempt unauthorised access;

  • collect information about other users without authority;

  • impersonate another person;

  • submit false order or payment information;

  • infringe intellectual-property rights; or

  • place orders for unlawful resale or other prohibited purposes.

 

36. Intellectual property

Unless otherwise stated, website content—including our:

  • business name;

  • logos;

  • product names;

  • photographs;

  • designs;

  • artwork;

  • text;

  • graphics; and

  • website layout—

is owned by or licensed to Margaret River Fudge Factory and is protected by applicable intellectual-property laws.

You may view and use the website for personal or legitimate business purchasing purposes.

You must not reproduce, publish, modify, distribute, commercially exploit or falsely represent our content without written permission, except as permitted by law.

 

37. Reviews and customer content

Where you submit a review, photograph or other content for publication, you confirm that it:

  • is based on your genuine experience;

  • is accurate to the best of your knowledge;

  • does not infringe another person’s rights;

  • is not unlawful, abusive or defamatory; and

  • does not contain private information about another person without permission.

You retain ownership of your content but grant us a non-exclusive permission to display, reproduce and promote it in connection with our business.

We may moderate or remove content where reasonably necessary, but we will not edit reviews in a way that materially misrepresents the reviewer’s opinion.

 

38. Third-party links and services

Our website may link to third-party websites, payment providers, social-media platforms or delivery services.

Third parties operate under their own terms and privacy policies. We are not responsible for third-party content or conduct outside our control.

This does not limit any responsibility we have for selecting or using a third party to fulfil our own obligations.

 

39. Limitation of liability

To the maximum extent permitted by law, Margaret River Fudge Factory is not liable for loss caused solely by:

  • incorrect information supplied by the customer;

  • failure to follow product storage instructions;

  • unauthorised use of a customer account;

  • customer-selected unsafe delivery instructions;

  • customer-arranged transport;

  • third-party websites outside our control; or

  • events that could not reasonably have been prevented by us.

Where liability can lawfully be limited, our liability will be limited to a reasonable remedy appropriate to the circumstances.

Nothing in these terms excludes liability for:

  • fraud;

  • wilful misconduct;

  • personal injury caused by negligence where liability cannot be excluded;

  • a breach of an applicable consumer guarantee; or

  • any other liability that cannot lawfully be excluded or limited.

 

40. Events outside reasonable control

We are not responsible for delay caused by events outside our reasonable control, such as:

  • extreme weather;

  • fire or flood;

  • transport disruption;

  • power or system failure;

  • industrial action;

  • government restrictions;

  • supplier failure;

  • ingredient shortages; or

  • public-health emergencies.

We will take reasonable steps to minimise disruption, communicate material delays and provide an appropriate solution where an order cannot be supplied within the agreed time or a reasonable period.

 

41. Privacy

Personal information is handled in accordance with our separate Privacy Policy.

By submitting an order, you acknowledge that we may provide necessary information to payment, website, delivery and other service providers for the purpose of fulfilling the order.

 

42. Complaints and disputes

Please contact us first if you have a complaint or dispute.

We will attempt to resolve the matter fairly and within a reasonable period.

If the matter cannot be resolved, a customer may contact Consumer Protection Western Australia, seek independent legal advice or use another dispute-resolution process available to them.

 

43. Changes to these terms

We may update these Terms and Conditions for future website use and future orders.

The updated version will be published on our website with a revised effective date.

Changes will not retrospectively alter an accepted order or remove rights that have already arisen unless:

  • the customer agrees;

  • the change benefits the customer; or

  • the change is required by law.

 

44. Severability

If a provision of these terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the extent necessary.

The remaining provisions will continue to apply where they can operate independently.

 

45. Governing law

These Terms and Conditions are governed by the laws applying in Western Australia, Australia.

The parties submit to the courts and tribunals with jurisdiction in Western Australia, subject to any right a consumer has to bring a proceeding in another jurisdiction under applicable law.

 

46. Contact details

Questions about these Terms and Conditions should be directed to:

Margaret River Fudge Factory Legal business name: Margaret River Fudge Factory Pty Ltd ABN: 65090811582 Address: 152 Bussell Highway, Margaret River, Western Australia Email: sales@fudgefactory.com.au

Telephone: 08 9758 8881 Website: www.fudgefactory.com.au

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