Home » About us – Fremantle Chocolate » Website Terms and Conditions

Website Terms and Conditions

Fremantle Chocolate Pty Ltd
Last updated: 8 September 2026

We must successfully authorise payment before dispatching an online retail order.

These Terms & Conditions govern your use of the Fremantle Chocolate website and purchases made directly through our online store.

By using our website or placing an order with Fremantle Chocolate Pty Ltd, you agree to these Terms & Conditions.

Nothing in these Terms & Conditions excludes, restricts,

or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law (ACL) or other applicable Australian law.

1. About Us

This website is operated by:

Fremantle Chocolate Pty Ltd
Unit 20, 8 Sustainable Avenue
Bibra Lake, WA 6163
Australia

Phone: (08) 9418 1666
Email: [email protected]

Fremantle Chocolate produces and sells handcrafted chocolate, confectionery, gifts, and related products.

2. Using Our Website

You may use this website for lawful personal or business purposes.

You must not:

• use the website for fraudulent or unlawful purposes;
• interfere with the operation or security of the website;
• attempt to gain unauthorised access to the website or associated systems;
• reproduce or commercially exploit website content without permission; or
• knowingly provide false or misleading information when placing an order or creating an account.

We may restrict access to the website where reasonably necessary for security, maintenance, legal compliance or to prevent misuse.

3. Products

We make reasonable efforts to display and describe our products accurately.

However, many Fremantle Chocolate products are handmade, and reasonable variations may occur between individual products or batches.

These may include minor variations in:

• appearance;
• decoration;
• colour;
• shape;
• positioning of inclusions;
• finishing; and
• packaging presentation.

These natural handmade variations are not necessarily defects.

However, products supplied must still comply with their description and applicable consumer guarantees under the Australian Consumer Law.

4. Product Images

Product photographs are provided to represent the product as accurately as reasonably possible.

Colours may appear slightly different depending on your device, screen or display settings.

Packaging, ribbons, decorations or seasonal presentation may occasionally change where necessary, provided the replacement does not materially alter the product you ordered.

If a particular design, colour, packaging style or other feature is essential to your order, please contact us before ordering.

Nothing in this section permits us to supply a product that is materially different from its description or representation, where doing so would breach the Australian Consumer Law.

5. Availability

All products are subject to availability.

Because many of our products are handmade in small batches, an item displayed as available may occasionally become unavailable before we can fulfil your order.

If we are unable to supply an ordered item, we will contact you and may offer:

• a suitable alternative, which you are free to accept or decline;
• a later delivery date; or
• a refund for the unavailable item.

We will not substitute a materially different product without your agreement.

6. Prices

All prices displayed on our retail website are in Australian dollars (AUD) and include GST where applicable unless otherwise stated.

Prices may change from time to time.

The price charged for an order will generally be the price displayed when the order is placed, subject to correction of obvious errors before the order is accepted.

Delivery charges, where applicable, will be displayed during checkout.

7. Pricing & Website Errors

Reasonable care is taken to ensure that product descriptions, availability and prices are accurate.

Occasionally, an obvious typographical, technical or pricing error may occur.

If we identify an obvious error before accepting or dispatching your order, we will contact you.

If we identify an obvious error before accepting or dispatching your order, we will contact you.

You can then choose to proceed at the correct price or cancel the affected item for a full refund.

We will not charge an additional amount without your agreement.

8. Placing an Order

When you place an order, you offer to purchase the selected products under these Terms & Conditions.

An automated email confirming receipt of your order does not mean we have accepted it.

We may decline an order before acceptance where reasonably necessary, including where:

• a product is unavailable;
• payment has not been authorised;
• There is an obvious pricing or website error;
• the delivery address cannot reasonably be serviced;
• we reasonably suspect fraudulent activity; or
• We are legally unable to supply the order.

If we have already received payment for an order we cannot accept, we will refund the relevant amount.

9. Payment

Orders must be paid using one of the payment methods offered during checkout unless we have separately agreed to account terms.

Payment must be successfully authorised before we can dispatch an online retail order.

Your bank, card issuer or payment provider may impose its own conditions or processing times.

10. Cancellations & Changes

If you need to cancel or change an order, please contact us as soon as possible.

Where an ordinary retail order has not yet been prepared or dispatched, we will make reasonable efforts to accommodate your request.

However, because many of our products are handmade, we may not be able to cancel or change an order once production, preparation, personalisation or dispatch has commenced.

This particularly applies to:

• personalised chocolates;
• custom packaging;
• corporate gifts;
• wedding products;
• specially produced items; and
• large made-to-order quantities.

This clause does not affect your rights under the Australian Consumer Law where a product is faulty.

defective, incorrectly supplied or otherwise fails to meet a consumer guarantee.

11. Custom & Personalised Orders

Customised orders may be subject to additional written specifications, quotes, artwork approvals, minimum quantities, deposits or production timelines.

You are responsible for carefully checking personalised information, including:

• names;
• dates;
• spelling;
• logos;
• artwork;
• colours; and
• wording

before giving final approval.

Where we manufacture products in accordance with information or artwork approved by you,

We are generally not responsible for errors that appear in the material you approved, except to the extent that we caused the error or the law provides otherwise.

Once production has commenced, changes may not be possible.

12. Handmade Product Variations

We make our chocolates and confectionery by hand rather than mass-producing them to look identical.

Minor, reasonable differences in decoration, size, ingredient placement, and appearance may therefore occur.

These variations form part of the handmade nature of our products and will not ordinarily constitute a fault where the product remains consistent with its description and is of acceptable quality.

13. Ingredients & Allergens

Food allergies and intolerances can be serious.

Our products may contain or come into contact with allergens, including, depending on the product:

• milk;
• peanuts;
• tree nuts;
• gluten-containing ingredients;
• soy; and
• other allergens.

Products are manufactured in an environment where we may handle multiple ingredients and allergens.

Ingredient and allergen information may vary between products.

Customers with allergies or specific dietary requirements should carefully review the product packaging and available allergen information before consumption.

If you have a serious allergy, intolerance or dietary concern, we strongly recommend contacting Fremantle Chocolate before purchasing or consuming a product.

Check the physical product packaging before consumption.

Nothing in these Terms & Conditions limits our obligations under Australian food safety or labelling laws.

14. Storage & Best-Before Dates

Chocolate should be stored in a cool, dry environment away from direct sunlight, humidity and strong odours.

We recommend storing chocolate at approximately 18°C or below, where practical.

Products should be consumed by the best-before date shown on their packaging.

Once opened, store products appropriately and consume them within a reasonable period.

Improper storage after delivery may affect product quality.

15. Delivery

Orders are delivered in accordance with our Shipping & Delivery Policy.

Delivery dates and transit times are estimates unless we have expressly agreed to a particular guaranteed delivery date.

Where Fremantle Chocolate arranges delivery, we remain responsible for addressing delivery problems to the extent required by Australian Consumer Law.

16. Refunds, Returns & Consumer Guarantees

Your purchase is subject to our Refunds & Returns Policy.

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a refund, replacement or other remedy where goods:

• are faulty or defective;
• are unsafe;
• are not of acceptable quality;
• do not match their description;
• are significantly different from a sample or representation; or
• are not fit for a disclosed purpose.

Our change-of-mind policy does not limit these statutory rights.

17. Promotions & Discount Codes

Promotions, discount codes, special offers and competitions may have additional terms that we display with the relevant promotion.

Unless otherwise stated, promotional offers:

• apply only during the specified promotional period;
• are subject to product availability; and
• cannot be exchanged for cash.

Any additional restrictions will be clearly disclosed as part of the relevant promotion.

Where promotional terms conflict with rights under the Australian Consumer Law, the Australian Consumer Law will prevail.

18. Sale & Clearance Products

Products purchased on sale or promotion have the same consumer guarantee rights as products purchased at full price.

Where an item has been discounted because of a specific fault or imperfection that is clearly disclosed before purchase, you may not be entitled to a remedy for that particular disclosed fault.

Other rights under the Australian Consumer Law continue to apply.

19. Intellectual Property

Unless otherwise stated, the content of this website includes:

• logos;
• branding;
• product names;
• photographs;
• graphics;
• packaging designs;
• written content; and
• website materials

is owned by, licensed to or used with permission by Fremantle Chocolate Pty Ltd.

You may view and use the website for normal personal shopping purposes.

You must not reproduce, publish, distribute, modify or commercially exploit our intellectual property without prior written permission, except where permitted by law.

20. Third-Party Links

Our website may contain links to third-party websites.

We provide these links for convenience, and they do not necessarily indicate endorsement.

We do not control third-party websites, and their terms, privacy practices, and content may apply.

This clause does not exclude liability that is lawfully required.

21. Website Availability

We aim to keep our website available and functioning correctly but cannot guarantee uninterrupted access at all times.

The website may occasionally be down because of:

• maintenance;
• technical problems;
• security issues;
• hosting interruptions; or
• events outside our reasonable control.

Where an outage affects an existing order or payment, please contact us, and we will assist you.

22. Liability

To the maximum extent permitted by law, Fremantle Chocolate’s liability will be determined in accordance with applicable Australian law.

Nothing in these Terms & Conditions excludes, restricts or modifies the following:

• the consumer guarantees under the Australian Consumer Law;
• any right to a refund, replacement or other remedy that cannot lawfully be excluded;
• liability for reasonably foreseeable loss or damage arising from a failure to comply with an applicable consumer guarantee; or
• any other liability that cannot lawfully be excluded.

23. Privacy

We handle personal information collected through our website in accordance with our Privacy Policy and applicable Australian privacy laws.

Please refer to our Privacy Policy for further information about how we collect, use, store and disclose personal information.

24. Wholesale Customers

These Terms & Conditions primarily apply to retail sales through our consumer website.

Approved wholesale customers may be subject to separate terms:

• wholesale trading terms;
• account terms;
• credit arrangements;
• minimum order requirements;
• freight terms; and
• payment terms.

Where Australian Consumer Law protections apply to a wholesale or small-business transaction,

Our terms are intended to include all rights that the law allows.

25. Changes to These Terms

We may update these Terms & Conditions from time to time to reflect changes to our business, website, products or legal obligations.

Updated terms will apply from the date they are published on our website.

Changes will not retrospectively remove rights that have already arisen under an existing order or contract.

26. Governing Law

The laws of Western Australia, Australia, govern our Terms & Conditions.

Courts or tribunals with jurisdiction under Australian law will deal with any dispute.

Nothing in this clause limits any rights you may have to bring a claim in another jurisdiction where the law permits.

27. Contact Us

You can direct any questions about these Terms & Conditions to:

Fremantle Chocolate Pty Ltd
Unit 20, 8 Sustainable Avenue
Bibra Lake, WA 6163
Australia

Phone: (08) 9418 1666
Email: [email protected]