Terms of Sale

Online store terms

1 Application

1.1 These terms govern your purchase of products from this website which is operated by Darrell Lea Confectionery Co Pty Limited (Darrell Lea). Your continued access to this website constitutes your acceptance of, and agreement to be bound by, these terms.

1.2 Darrell Lea has engaged The trustee for The Trident Unit Trust t/a Sun Road Food and Beverage ABN 58 971 909 689 (Sun Road; we; us) to fulfill orders placed on this website. You acknowledge and agree that when you purchase products from this website you do so from Sun Road, under a contract that will form between you and Sun Road under these terms, and not from Darrell Lea.

2 Orders

2.1 Orders for products can be made online through this website.

2.2 All orders made online through this website constitute an offer to Sun Road and are subject to acceptance by Sun Road.

2.3 Sun Road is not obliged to fulfil any order unless the order is accepted by Sun Road.

2.4 When placing an order, you must provide Sun Road with a valid email address and delivery address. Sun Road will notify you by email if it accepts your order.

2.5 If you wish to place an order for the purpose of corporate gifting, please contact Darrell Lea directly on 02 9933 3317.

2.6 Sun Road reserves the right to accept or reject any order for any reason, including but not limited to:

(a) errors in online product description;

(b) product availability; or

2.6.1 If your order is not accepted by Sun Road, we will endeavour to advise you of that rejection at the time of ordering or in a reasonable time after submission of your order.

3 Price and payment

3.1 Prices for products and applicable shipping costs (if any) are as specified on this website as at the date of your order.

3.2 The retail price of products stated on this website is determined by Sun Road

3.3 Unless otherwise indicated, prices stated on this website are in Australian dollars and include GST.

3.4 Orders made through this website must be accompanied by a valid credit card or debit card payment.

3.4.1 We accept the following Payment Methods:

(a) Mastercard;

(b) Visa; and

4 Delivery

4.1 Products will only be supplied to street addresses within Australia.

4.2 Unless otherwise indicated on the website, orders are inclusive of standard postage via Australia Post.

4.3 Sun Road will endeavour to dispatch products within 5 days after the date of your order. However, Sun Road makes no representation that products will be delivered within any stated period, nor will Sun Road be liable for delays in delivery of any product.

4.4 Sun Road may provide you with an Australia Post tracking number in relation to your order.

4.5 You must inspect the products on delivery and notify us of any defect, damage, or error in respect of the delivery as soon as practicable.

4.6 You acknowledge that the products are perishable and may be heat sensitive. In order to deliver the products in the best possible condition, Sun Road requires you to provide a delivery address where a recipient will be available to accept delivery of the products during business hours. You acknowledge and agree that, if no recipient is available on delivery, deliveries may be taken to an Australia Post depot for your collection.

4.7 Sun Road will not be liable for any damage to products that occurs after delivery.

5 Returns

5.1 Please note that Sun Road does not accept returns for change of mind.

5.2 As items are perishable and to the extent permitted by law, returns will not be accepted for goods that have been delivered to the nominated delivery address and have subsequently incurred damage/degradation from exposure to heat or environmental conditions after delivery.

5.3 If your product arrives in a damaged or faulty condition, we will be happy to replace or refund the faulty/damaged item. Upon receipt of a faulty or damaged item, contact our customer service via email at Sun Road Customer Service. You may be asked to provide images of the damage or fault for assessment of your claim.

5.4 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

6 Substitution

In respect of orders for hampers, if any product within a hamper is not available at the time of purchase, Sun Road may replace that product with an alternative Darrell Lea product of equal or greater value at Sun Road’s absolute discretion.

7 Title and risk

Title and risk in products you order through this website pass to you on the date and time of delivery (including unattended deliveries) to your nominated delivery address.

8 Liability

8.1 To the extent permissible by law, Sun Road’s liability is as expressly stated in these terms and all other liability is excluded.

8.2 If statutory consumer guarantees or implied terms apply to the supply of goods in connection with these terms, to the extent permitted by statute, liability for any breach of those consumers guarantees or implied terms is limited to refund of the item cost, supply of the goods again, or paying the cost of having the goods supplied again.

8.3 Except as provided in clause 8.2, liability in respect of supply of goods under these terms, including if caused or contributed to by the supplier’s negligence, is limited to the amount of the payments made by you to Sun Road for them.

8.4 To the extent permitted by law, Sun Road’s liability for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, indirect or incidental), including if caused or contributed to by Sun Road’s negligence, is excluded.

8.5 Sun Road will not be liable to you for any failure by Sun Road to comply with these terms that is caused by any event beyond Sun Road’s reasonable control.

8.6 All purchases made from this website are made from Sun Road. However, in respect of Darrell Lea:

(a) Darrell Lea’s liability is as expressly stated in these terms and all other liability is excluded;

(b) to the extent permitted by law, Darrell Lea’s liability for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, indirect or incidental), including if caused or contributed to by Darrell Lea’s negligence, is excluded; and

(c) Darrell Lea will not be liable to you for any failure by Darrell Lea to comply with these terms that is caused by any event beyond Darrell Lea’s reasonable control.

9 General

9.1 These terms may be amended by substitution on this website. Continued purchase of products following those amendments constitutes acceptance of those amendments.

9.2 Each of the agreements of the parties under these terms is severable from the others and the severance of one agreement does not affect the other agreements.

9.3 No waiver by Darrell Lea or Sun Road under these terms is binding on them unless it is in writing and signed by both Darrell Lea and Sun Road. A waiver is not a waiver of any other right.

9.4 Darrell Lea will use the information collected for the purposes of placing orders via this website, including your email address, in accordance with its Privacy Policy at https://dlea.com.au/privacy-policy.

9.5 These terms are governed by and must be interpreted in accordance with the laws of New South Wales, Australia. You unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.