Kult Chocolate Wholesale Terms & Conditions

KULT CHOCOLATE PTY LTD operates kultchocolate.com. In these terms, “KULT”, “we”, “us” and “our” refer to KULT CHOCOLATE PTY LTD.

These terms apply to wholesale purchases from KULT, including orders placed by email, order form or an approved online ordering channel. Please read them before ordering. By placing an order after receiving these terms, you agree to them.

Any wholesale quotation, order form or written supply agreement should be read together with these terms. Minimum quantities, trade pricing, GST treatment, payment terms and freight charges will be confirmed in the relevant wholesale documentation.

Retail returns policies, retail satisfaction guarantees and retail subscription offers do not apply to wholesale purchases.

Nothing in these terms excludes or limits any rights or remedies that cannot lawfully be excluded.

KULT sells chocolate containing botanical and other functional ingredients, including the KINK, THINK and SHRINK ranges.

Please check each product’s description, ingredients, allergen information, directions and warnings before ordering. Information may differ between products.

We take reasonable care to describe products accurately. Colours displayed on a screen and minor batch or packaging variations may differ from the product received. This does not affect our obligation to supply products that match their description and meet applicable legal requirements.

We may update products and their online listings for future orders. We will not substitute a materially different product in an accepted order without your agreement.

Please provide accurate business, contact, billing and delivery details and check your order before submitting it. You must be authorised to place the order on behalf of the purchasing business.

Submitting an order is an offer to purchase the selected products. An automated acknowledgement records receipt of your order; we accept the order when we send a dispatch confirmation, unless we expressly confirm acceptance earlier.

Before acceptance, we may decline an order for a genuine reason, such as unavailable stock, an obvious pricing error, an unsuccessful payment, suspected fraud or an inability to deliver to the nominated address.

If we cannot supply products you have paid for, we will notify you and refund the amount paid for those products.

If a problem arises after acceptance, we will contact you to arrange an appropriate solution. We will not impose a replacement product or a higher price without your agreement.

To request a change or cancellation, contact wholesale@kultchocolate.com promptly. Any change or cancellation requires KULT’s written agreement, except where you have a right that cannot lawfully be excluded.

Prices are in Australian dollars unless stated otherwise.

Wholesale prices, whether GST is included or payable in addition, freight charges and the total payable will be stated in the relevant quotation, order form or invoice. Applicable charges will be disclosed before you commit to the order.

Payment is due in accordance with the wholesale payment terms agreed in writing for your order.

We may change prices for future purchases. A price change will not alter an accepted order. If an obvious pricing error affects an order, we will contact you rather than charge an additional amount without your agreement.

Wholesale promotional offers are subject to any eligibility requirements, exclusions and expiry dates disclosed with the offer. Retail promotions do not apply to wholesale orders unless expressly stated.

Wholesale delivery options, freight charges and any agreed delivery conditions will be confirmed in the relevant quotation, order form or written supply arrangement.

Retail free-shipping offers do not apply to wholesale orders unless expressly agreed in writing.

Dispatch and delivery estimates are not guaranteed arrival dates unless we expressly agree otherwise. If a significant delay occurs, we will communicate with you and provide any remedy required by law.

Chocolate is temperature-sensitive. Please arrange delivery to an appropriate location, receive or collect your order promptly and follow the storage instructions on each product’s packaging.

Avoid leaving chocolate in direct sunlight, a hot vehicle or another warm location. Store stock appropriately and manage stock rotation using the best-before dates supplied.

Contact us immediately if the delivery details are incorrect or a parcel is missing. If a delivery problem is caused by incorrect details you supplied, we will discuss any reasonable redelivery costs before proceeding.

If your order is lost, arrives melted or is otherwise damaged, contact us so we can assess and resolve the issue in accordance with the agreed supply terms and applicable law.

Wholesale orders are non-returnable.

KULT does not accept returns, exchanges or credits for change of mind, over-ordering, unsold stock or stock reaching its best-before date.

Wholesale purchases are firm sales and are not supplied on a sale-or-return or consignment basis.

Retail guarantees do not apply.

KULT’s retail satisfaction and money-back guarantees, including any KINK retail guarantee, do not apply to wholesale purchases.

Damaged, faulty, missing or incorrect goods

If your order arrives damaged, melted, incomplete or incorrect, or you discover a product fault, email wholesale@kultchocolate.com with your order number and a description of the issue.

For delivery-related issues, please contact us as soon as practicable, preferably within 48 hours of receipt, and include photographs where available. This request supports prompt investigation and does not remove any rights that cannot lawfully be excluded.

If safe and practical, retain the affected product, packaging and batch or best-before information while we assess the issue.

Do not return products without KULT’s written authorisation.

We will assess the issue and confirm any applicable remedy in accordance with the agreed supply terms and applicable law. The no-return policy for unwanted stock does not prevent the assessment or resolution of damaged, faulty, missing or incorrect goods.

Where a refund is required, we will arrange it within a reasonable time and advise you of the expected processing timeframe.

Nothing in this section excludes or limits any rights or remedies that cannot lawfully be excluded.

Ingredients and allergens vary across the range. Some KULT products contain milk and soy.

Review the information for each product and check its packaging when receiving new stock, particularly where allergen information is relevant to your customers or guests.

Follow any precautionary allergen statements on the product. If online information is unclear, incomplete or appears inconsistent with the packaging, contact us before selling, serving or consuming it.

Do not remove, obscure or alter ingredient, allergen, serving or warning information when displaying or supplying products.

This section does not waive KULT’s food-safety responsibilities or any rights that cannot lawfully be excluded.

KULT’s botanical products are intended for adults. Products must be used in accordance with their packaging directions, warnings and stated serving or daily intake.

People who are pregnant or breastfeeding, take medication or have a medical condition should consult a healthcare professional before consuming products containing botanical ingredients.

Information on our website is general product information, not personalised medical advice. It should not replace advice, diagnosis or treatment from a qualified healthcare professional.

When promoting KULT products, use accurate, authorised product information. Do not make additional medical, therapeutic or performance claims on KULT’s behalf.

If you become aware of a suspected adverse reaction, advise the affected person to seek appropriate medical assistance and notify KULT promptly with the available product and batch details.

Individual experiences may differ. This does not excuse inaccurate or misleading statements or limit rights and remedies available under law.

KULT remains responsible for its products and services as required by law.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including any applicable consumer guarantees or liability for misleading representations.

Where loss results from a failure to follow clear, reasonable storage or product directions, or from incorrect information supplied to KULT, responsibility will be determined according to the circumstances and applicable law.

This does not excuse a product defect, inadequate safety information or a failure by KULT to meet its own obligations.

KULT’s branding, product photography, written content, graphics and other website materials belong to KULT or their respective rights holders.

Except where permitted by law or an existing written authorisation, obtain permission before reproducing, adapting, distributing or commercially using protected content.

Approved stockists may contact KULT to request authorised product images, brand materials and usage guidance.

Do not use our website to break the law, mislead others, infringe another person’s rights, submit fraudulent orders or payment details, introduce harmful software, disrupt the store or attempt unauthorised access to accounts or systems.

We may take reasonable steps to protect the website and its users where misuse or a security risk is identified.

Any action affecting an existing order remains subject to your contractual rights and applicable law.

Our online store uses Shopify and other service providers to support functions such as payment processing and delivery. Relevant third-party terms may apply when you use a separate service.

Links to external websites are provided for convenience. Please review those websites’ own terms and privacy information.

Using another provider does not remove any responsibility KULT has under law for your purchase.

Our Privacy Policy explains how we collect, use and handle personal information, including information needed to process payments, fulfil orders and respond to enquiries.

Please refer to the Privacy Policy on our website for information about service providers, marketing preferences and privacy enquiries.

Retail subscription offers do not apply to wholesale purchases.

Repeat wholesale orders are separate purchases unless a recurring wholesale supply arrangement has been expressly agreed in writing.

Any recurring wholesale arrangement must specify its ordering schedule, payment terms and process for changes or cancellation. These details must be agreed before that arrangement begins.

We may revise these terms for future purchases and website use.

The terms applicable to an accepted order are those provided when that order was placed, unless you agree to a change or the law requires otherwise.

Any change to an ongoing wholesale supply arrangement must follow its agreed written terms and applicable law.

These terms are governed by the laws of Victoria, Australia.

Disputes may be brought in the courts of Victoria and courts hearing appeals from them, subject to any right you have to bring a claim in another court or tribunal under applicable law.

KULT CHOCOLATE PTY LTD
ABN: 34 690 496 612
Website: kultchocolate.com
Email: wholesale@kultchocolate.com
Phone: 1300 009 111
Office: 101 Moray St, South Melbourne VIC 3205, Australia

This office is not an authorised returns address. Do not send products to this address without KULT’s prior written authorisation.