Margaret River Fudge Factory
Effective date: 29 July 2026

Margaret River Fudge Factory takes pride in producing fresh, handmade fudge, chocolate and confectionery products.

This policy applies to products purchased:

• from our Margaret River retail store;

• through our website or by telephone;

• at events, markets or other direct retail locations; and

• by approved wholesale customers.

Nothing in this policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

2. Australian Consumer Law

Our products come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Products must be of acceptable quality, safe, fit for their usual purpose, match their description and correspond with any sample or representation provided.

When a product does not meet an applicable consumer guarantee, the customer may be entitled to an appropriate remedy. Depending on the circumstances and the seriousness of the problem, this may include:

• replacement of the affected product;

• a refund;

• compensation for a reasonably foreseeable loss; or

• another resolution agreed with the customer.

In the event of a major failure, customers protected by the Australian Consumer Law may be entitled to choose between a refund and a replacement. For a minor failure, Margaret River Fudge Factory may choose an appropriate remedy.

3. Fresh and perishable products

Our fudge, chocolate and confectionery products are fresh or perishable food products. For food safety and hygiene reasons, we generally cannot accept the return of products simply because a customer:

• changes their mind;

• no longer wants or needs the product;

• selects the wrong product or flavour;

• finds the product cheaper elsewhere;

• does not personally enjoy the flavour or texture;

• orders too much;

• fails to check the ingredients or allergen information provided; or

• stores or transports the product incorrectly after purchase or delivery.

This change-of-mind exclusion does not apply where the product is faulty, unsafe, incorrectly supplied, materially different from its description or otherwise fails to meet an applicable legal guarantee.

4. Eligible product issues

Please contact us where you reasonably believe that a product:

• was damaged before purchase or during delivery arranged by us;

• was spoiled, contaminated or unsafe when supplied;

• was supplied after its stated use-by date, where applicable;

• materially failed to meet its expected quality before its best-before date, despite being stored correctly;

• was different from the product ordered;

• was supplied in the wrong quantity;

• did not match its description;

• contained an incorrect product or filling;

• had incorrect, incomplete or misleading ingredient or allergen information;

• was missing from your delivery; or

• otherwise failed to comply with an applicable consumer guarantee.

Each claim will be considered individually, taking into account the product, purchase date, best-before or use-by information, batch details, storage conditions, delivery circumstances and evidence provided.

5. Handmade product variations

Our fudge and chocolate products are handmade in small batches. Minor differences in colour, shape, finish, decoration, ingredient distribution or appearance may occur between batches.

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

Seasonal temperatures can also affect chocolate and fudge. Customers are responsible for following any storage instructions supplied with the product and for protecting products from heat, moisture, sunlight and strong odours after collection or delivery.

6. Reporting a problem

Because our products are fresh and perishable, customers should inspect them as soon as reasonably possible after purchase, collection or delivery.

Where possible, please notify us:

• within 48 hours of receiving an incorrect, missing, melted, damaged or apparently spoiled product; and

• before consuming, disposing of or returning the affected product.

The 48-hour notification request helps us investigate food quality and delivery issues. It does not remove or reduce any rights the customer may have under applicable law.

To make a claim, please provide:

• your name and contact details;

• the order or invoice number;

• the purchase or delivery date;

• the product name and quantity affected;

• a clear description of the issue;

• photographs showing the product, packaging and damage or quality concern;

• the batch number and best-before or use-by date, where available; and

• information about how the product was transported and stored.

We may request additional information where reasonably necessary to investigate the claim.

7. Proof of purchase

We may require reasonable proof that the product was purchased from Margaret River Fudge Factory or an authorised retailer.

Proof of purchase may include:

• a receipt or tax invoice;

• an online order confirmation;

• a wholesale invoice;

• a bank or card statement;

• a customer account record; or

• another reasonable record of the transaction.

Original packaging is helpful when investigating a product issue, but it is not automatically required when other satisfactory evidence is available.

8. Do not return food without approval

For food safety reasons, customers must not post or deliver food products back to us unless instructed to do so.

We may ask the customer to:

• retain the product and packaging while we investigate;

• provide additional photographs;

• return the product using an approved method; or

• safely dispose of the product after the claim has been assessed.

Where a product is confirmed to have failed an applicable consumer guarantee, Margaret River Fudge Factory will cover reasonable return costs where legally required.

Unauthorised postage, courier or disposal costs may not be reimbursed.

9. Available resolutions

Claims are assessed on a case-by-case basis. Depending on the circumstances and the customer’s legal rights, we may offer:

• replacement of the affected product;

• refund of the affected product’s purchase price;

• replacement of missing or incorrectly supplied items;

• reasonable compensation where legally required;

• a wholesale account credit, where agreed; or

• another reasonable resolution accepted by both parties.

A store credit or wholesale account credit will not be imposed where the customer is legally entitled to a refund and has not agreed to receive a credit.

Approved refunds will generally be made using the original payment method unless another method is agreed. Processing times may vary depending on the bank or payment provider.

10. Delivery damage and delays

Where Margaret River Fudge Factory arranges delivery, please inspect the order promptly and notify us of any damage, deterioration, missing products or delivery error.

Where possible, photographs should be taken immediately after delivery and should show:

• the external shipping carton;

• any insulation or protective packaging;

• the position of the products inside the carton;

• the affected products; and

• the delivery label.

Where a customer or wholesale customer arranges their own courier, freight provider or collection, responsibility for damage or deterioration occurring after collection may rest with the customer or their carrier, subject to the Australian Consumer Law and any applicable written supply agreement.

We are not responsible for deterioration caused after successful delivery by:

• leaving products unattended in direct sunlight or heat;

• failing to collect a parcel within a reasonable time;

• providing an incorrect or incomplete delivery address;

• authorising an unsafe delivery location;

• transporting products in an unsuitable vehicle; or

• failing to follow the supplied storage instructions.

This section does not exclude liability where the loss or damage was caused by Margaret River Fudge Factory or where liability cannot lawfully be excluded.

11. Allergies and dietary requirements

Customers are responsible for reviewing the product’s ingredient and allergen information before purchasing or consuming it.

Our products may be manufactured or handled in an environment containing allergens, including milk, soy, peanuts, tree nuts, wheat, gluten, eggs and other allergens. Customers with allergies or dietary requirements should contact us before ordering if they require clarification.

A refund will not generally be provided where accurate ingredient and allergen information was available, and the customer later determines that the product is unsuitable for their personal dietary needs.

This does not apply where:

• the product was incorrectly labelled;

• the wrong product was supplied;

• information provided by us was inaccurate or misleading; or

• the product otherwise failed to comply with applicable food or consumer laws.

12. Custom, personalised and made-to-order products

We do not accept change-of-mind returns for custom, personalised or specially manufactured products.

Cancellation of a custom or wholesale order may be possible before production begins. Once ingredients, packaging or production have been committed to the order, reasonable cancellation charges may apply to cover costs already incurred.

The applicable cancellation arrangements will be discussed with the customer and may also be set out in a quotation, order confirmation or wholesale supply agreement.

Custom and made-to-order products remain covered by applicable legal guarantees. This means the customer may still be entitled to a remedy if the product is faulty, unsafe, materially different from the approved order or otherwise fails to meet an applicable consumer guarantee.

13. Sale, clearance and reduced products

Sale, clearance and reduced products remain covered by applicable consumer guarantees.

However, a customer will not generally be entitled to a remedy for:

• a fault that was clearly disclosed before purchase;

• deterioration that was reflected in the reduced price and explained to the customer;

• a product nearing its best-before date where this was clearly disclosed; or

• a cosmetic issue that was specifically brought to the customer’s attention before purchase.

A remedy may still be available for a different fault or issue that was not disclosed.

14. Wholesale customers

Wholesale customers must inspect deliveries promptly and store all products in accordance with the supplied storage, temperature and handling instructions.

Wholesale claims should include:

• the invoice number;

• product name and quantity;

• batch and best-before information;

• photographs;

• delivery or collection details;

• storage information; and

• details of any complaint received from the wholesale customer’s own customer.

Wholesale customers must not destroy, return, discount or deduct the value of allegedly affected stock from an invoice without first contacting Margaret River Fudge Factory, except where otherwise permitted by law or agreed in writing.

Where a wholesale purchaser is a “consumer” for the purposes of the Australian Consumer Law, that purchaser retains all rights that cannot lawfully be excluded. Other wholesale claims will be managed under the applicable quotation, order confirmation, credit terms or written wholesale supply agreement.

15. Gifts

Gift recipients may contact us about a faulty, damaged or incorrectly supplied product. We may require proof of purchase or sufficient information to locate the original transaction.

Where a refund is approved, it will generally be issued to the original purchaser using the original payment method. A replacement or alternative product may be provided to the gift recipient where appropriate and agreed.

16. Food safety concerns

If you believe a product may be unsafe, contaminated, or incorrectly labelled:

• do not consume the product;

• retain the product and packaging in appropriate storage;

• keep the batch and best-before information;

• contact us as soon as possible; and

• follow any instructions we provide.

Serious food safety concerns may be referred to the appropriate regulator, supplier, laboratory or other authority as necessary.

17. Contact us

To request a return, refund, replacement or product-quality review, please contact:

Margaret River Fudge Factory
Legal business name: Margaret River Fudge Factory Pty Ltd
ABN: 65090811582
Address: 152 Bussell Highway, Margaret River, WA, 6285
Telephone: 08 9758 8881
Email: sales@fudgefactory.com.au
Website: www.fudgefactory.com.au

Please include “Product Quality Claim” and your order or invoice number in the email subject line.

18. Complaints and disputes

We aim to investigate complaints fairly and within a reasonable period.

If you are dissatisfied with our response, please ask for the matter to be reviewed by a manager. You may also contact Consumer Protection Western Australia or seek independent legal advice about your rights.

19. Changes to this policy

Margaret River Fudge Factory may update this policy from time to time. The version applying to a purchase will generally be the version published or provided at the time of that purchase, subject to any rights that cannot lawfully be excluded.