1. General Terms and Conditions
The terms and conditions apply when you use this website. Your use of this website includes but is not limited
to making online purchases. The terms and conditions are complete and represent our entire agreement with
you. The terms and conditions may not be varied; they supersede and take precedence over any prior terms
and conditions, warranties and representations.
This entire website is the property of Luxury Chocolate Company Pty Ltd (company registration number
2004/032777/07) trading as Chocolates by Tomes. We own the logos, videos, text images, audio material and
all other information and data contained and stored within the website, you do not own any aspect of the
We have worked hard at compiling and building this website and as such we would be grateful if you would
respect our hard work and refrain from breaching our copyright, trademark, other intellectual property and
Any person or entity not respecting our hard work and who is responsible for the unauthorised use of this
website and or who breaches and or infringes our copyright and or trademarks and or intellectual property
rights, and or any other legal rights whatsoever in any manner will be prosecuted.
We reserve the right to amend, update or otherwise alter this website and the terms and conditions. Your
continued use of this website is confirmation that you have read the terms and conditions and consented to
be bound by any amendments to the terms and conditions.
By continuing to use this website you have acknowledged that you have read, understood, consented to and
agreed to be bound by the terms and conditions.
If you do not agree to the terms and conditions and do not wish to be bound by them, do not use our website.
2. Use of the website
You may use this site to browse items and purchase any items.
You will not attempt to make, nor will you actually make false, fraudulent or speculative purchases.
You are not authorised to modify, vary, reproduce or distribute the contents of this website.
You may view, electronically store or print anything from this website on the strict understanding that you will
do so only for your own, non-commercial, personal use.
You are not authorised to upload any information to this website whether unlawful or not and whether
harmful or not.
In the event of unauthorised use of the website, as determined solely by us, we reserve the right, at our sole
discretion, to terminate your account and or restrict your use of the website and or entirely prevent your use
of the website.
We have no intention of deliberately harming you so please respect that by not harming us, however, if you
hack, we will track and prosecute.
The contents of this website are provided without any warranty or guarantee whatsoever. We do our
reasonable best to ensure that the information on the website is up to date and as accurate as we can make it.
However, we do not warrant that the information or the content displayed on the website is always accurate,
up to date and or complete.
We respect your privacy and your right to privacy. Therefore, any information you provide to us will be
received and stored securely. We will not sell or dispose of your information to anyone else without your
used to collect data about the device used to access the website and to collect information about your visit to
our website. This information is used to enhance your visits to the website and our dealings with you.
We encrypt all information. However, although we will ensure that your information is stored securely we
cannot guarantee, warrant nor provide absolute security in respect of the information you provide to us.
We have designed our website to be secure.
4. Online shopping
The terms and conditions specifically relating to the online shopping form part of the website terms and
conditions and are to be read in conjunction with all of the website terms and conditions.
We are sorry but we are unable to deliver to certain areas. We are unable to deliver internationally. If you
reside in an area that we are unable to deliver to, you will not be able to register. A list of delivery areas is
No minimum order value applies. Prices will be charged at the rate reflected on the website and will include
Value Added Tax.
You will be required to register in order to place an order for any products. To register, you will be asked to
provide certain information which will include personal information. All information you provide to us will be
responsibility to keep those items secure. Chocolates by Tomes will not accept responsibility for losses and
damages suffered as a result of the use or misuse of your password.
The photographs for each product are designed to show precisely what you will be receiving from us. There
may be some colour variation depending on the screen or machine you are viewing the website on.
All the items on the website are subject to availability. We endeavour to keep stock of all products but, as you
would expect from a premium, handmade chocolate and confectionery producer, our products are
handcrafted with a limited shelf life. Therefore on occasions certain products may become unavailable for
short periods of time.
If a product you have ordered is unavailable or is unavailable in the amounts you have ordered, we will inform
you and ask if you wish to wait for the product to become available or whether you want to order another
product in place of the original product or whether you wish to cancel your order and if you have paid, be
On occasions we will alter or withdraw a product. You will be informed if this happens and you will be asked if
you wish to continue and order another product or cancel your order and if you have paid, be refunded.
In cases where products are wrongly identified or priced, we will not process orders in respect of these
products. We will advise you of the error and ask if you wish to continue with your purchase with the correct
description and pricing applying to your order or whether you wish to cancel your order and if you have paid,
Promotional products will be subject to availability and certain additional terms and conditions may apply in
relation to each specific promotion.
Once you have submitted your order to us, you warrant that you are over 18 years old, authorised to make the
payment, authorised to use the card and authorised to make the payment using the payment card.
Once you have placed your order online, you have made an offer to purchase which has been accepted once
we have confirmed to you that your offer has been accepted. The validity of your purchase and our ability to
enforce your purchase will not be affected if we do not formally confirm to you that your order has been
Once you have paid for your order, you agree to accept the products correctly delivered to you.
The products will remain our property until payment in full is received by us.
5. Delivery policy
We are unable to deliver to every part of South Africa and we are sorry about that. As new delivery routes are
opened up we will be sure to ensure to include these new areas.
We will deliver Monday to Friday between 8am and 3.30pm. We will not deliver on Good Friday, Easter
Monday, Christmas Day, Boxing Day, New Year’s Eve, or New Year’s Day or on any Public Holiday.
A delivery fee will be charged for each delivery. Please check our delivery fee tariffs for your area. However if
you spend more than R1000 delivery will be free of charge to those areas we deliver to.
If you are a corporate customer or wholesale client, we will contact you to discuss your options.
All orders are scheduled for delivery within 2-4 days. If this is not possible we will contact you and discuss the
options available to you. If you have scheduled in a later date beyond 2-4 days, subject to that date not falling
on days we will not deliver on, we will deliver on the day you have chosen.
We are sorry, other than to provide you with a date for your delivery, we cannot provide a time for your
delivery. Although we will provide a tracking number for you which will allow you to better estimate the time
of delivery. For our part we will instruct all deliveries to be made before 12pm
All deliveries will be made to the delivery address provided by you. If delivery is to be made to a commercial
building, you must either be available or in the event of your unavailability, you must nominate someone to
accept your delivery on your behalf.
Upon delivery, a delivery note will be provided indicating the products that have been delivered, all charges
made and confirmation of the amount debited from your account.
For security reasons you may be asked to provide proof of who you are. If delivery is not made to you, we will
presume the person nominated by you and who is receiving the delivery is authorised by you to accept the
You or the person nominated to accept the delivery will be asked to sign and print their name on a duplicate
copy of the delivery note. This is confirmation that your order has been delivered.
If no one is available at the delivery address, the driver will retain your order and leave a notice confirming
that a delivery was attempted. The driver will return your order to us and we will contact you to arrange a
further delivery. If this occurs, regardless of the value of the order, you will be charged all the fees charged for
returning and re-delivering your order.
If we fail to deliver to you timeously and it is our error, we will arrange a further delivery at our expense. You
will not be able to cancel your order and any liability we have is satisfied when delivery is made.
Once we have made delivery all risks pass to you or the nominated person.
6. Returns policy and Cancellations
We hope that you are satisfied with your order. If you are not, it is your responsibility to return the product or
products to us together with the reason for your dissatisfaction. At our sole discretion, we will either supply a
replacement of the same item or alternatively a replacement item of the same or greater value or refund your
If we decide your reasons are bogus we shall not supply a replacement or refund your money.
If you should decide to cancel your order you must do so within 24 hours of your original purchase being made
and you will receive a refund of any payment made. If you should cancel after 24 hours you will be liable for all
amounts invoiced to you.
7. Disclaimers, Exclusions and other Legal Issues
We do not make any warranties or guarantees or representations whatsoever whether implied or expressed in
relation to our website, the functioning of our website or the website server.
Where Hyperlinks appear on our website this does not infer or constitute any relationship between us and the
linked party. We are not endorsing the website of the linked party and you use the links at your own risk. We
are not responsible for nor do we accept any liability for any damage however caused by the contents of any
linked website and you rely on the contents of the linked website at your risk.
We do not warrant, guarantee or represent, impliedly or expressly that our website or the server is free from
If you should access and use this website we do not accept any liability whatsoever for loss or damage
whether direct, indirect, general, incidental, special or consequential (including but not limited to data loss or
financial loss of any nature) howsoever caused. Notwithstanding the provisions of the terms and conditions
detailed herein, any liability judged to be ours and arising from any breach or negligence or otherwise of the
terms and conditions shall never exceed more than twice the monetary value of the order you placed
excluding any delivery charge and Value Added Tax.
You access and use our website entirely at your own risk.
Should you access and use our website for any purpose whatsoever, you agree to indemnify us against any
loss suffered, liability incurred, damage of any nature caused as a consequence of your act or omission or act
or omission of any third party acting on your behalf or under your instruction.
The terms and conditions express the entire understanding between us and you and it is agreed that no oral
representations have been made with regard to the terms and conditions.
Any indulgence of extension of time granted is not a waiver or variation of any of our rights or remedies either
under the terms and conditions or at law.
The terms and conditions are governed by the laws of the Republic of South Africa. Any dispute shall be
submitted to and decided by Arbitration at a venue in the Western Cape to be determined by us applying the
Uniform Rules of the High Court of South Africa.