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Privacy Policy, Terms & Conditions

Doña Cholita is committed to protecting the privacy of personal information which the business collects, holds and administers. Doña Cholita is also committed to safeguarding written and verbal information which is confidential within the domain of its operations and activities.

Doña Cholita is bound by the Privacy Act 1988 (Crh) and The Privacy Amendment (Enhancing Privacy Protection) Act 2012 which set out a number of principles concerning the privacy of individuals.

All personal information gained by Doña Cholita will be used only for the purpose intended and not misused.

Collection of your personal information

Why Doña Cholita collects personal information about you:

  • Because you have provided it directly to Doña Cholita, for instance when purchasing a product. This could include your contact details and credit card number or bank account details;
  • To improve our services, for instance, through the collection and analysis of website data and use of cookies;
  • To provide follow-up on information including responding to your comments or questions;
  • To monitor and evaluate existing products and services and plan for future products and services.

We collect information if you;

  • use our website
  • buy from us
  • make a purchase through our website
  • phone us
  • write to us
  • email us
  • visit us in person or attend events which we attend

If unsolicited personal or sensitive information was provided through the course of collection, Doña Cholita will destroy or de-identify such information.

Use of your personal information

Doña Cholita only use your personal and sensitive information for purposes which are directly related to the reason you provided us with your information in the first place and where you would reasonably expect us to use your information.

For each visitor to reach our website, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic and trends.

Sharing of your personal information

Doña Cholita will not disclose your personal information to another person unless you have given consent or if one of the exceptions under the Privacy Act applies.

We may occasionally hire other companies to provide services on our behalf, including but not limited to customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Doña Cholita takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Changes to this Privacy Policy

Doña Cholita reserves the right to make amendments to this Privacy Policy at any time.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. Doña Cholita is committed to the protection of your privacy. If you have any questions about how we handle personal information, would like to complain about how we have handled your information, or would like further information about our Privacy Policy, please submit a written query or complaint to Doña Cholita and we will assess any complaints and liaise with you to resolve any issues within a reasonable time (usually within 30 days).

Get in Touch

Doña Cholita, 33 The Broadway, Burringbar, NSW 2483 AUSTRALIA

E-mail: hola@donacholita.com.au

 

 

Terms and Conditions

Welcome to Dona Cholia’s website and social media channels (collectively referred to as the “website”). Dona Cholita refers to Dona Cholita Pty Ltd (ACN 604353746) of 33 Broadway, Burringbar NSW 2483. By accessing or using the website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with Doña Cholita’s Privacy Policy govern the relationship between you and Doña Cholita. Please read these Terms carefully before using the website and if you do not agree to these Terms, you must not access or use the website.

  1. Satisfaction Guaranteed Or Your Money Back

1.1 Our 10 Day Satisfaction Guarantee

Doña Cholita is all about high quality products and transparency in our production. We have absolute confidence that you’ll enjoy our products which is why we have our Satisfaction Guarantee. In the unlikely event that you are not satisfied with the quality of the products in your first Subscription box, you can apply for a full refund of the purchase price (excluding shipping & handling fee) under our Satisfaction Guarantee by following the below steps.

1.2 How to make a claim

To make a claim under our Satisfaction Guarantee:

Submit your claim by email to our customer care team at chips@donacholita.com.au. Please include a photo of all of your products and include an explanation of the issue with the products. If approved, your refund will be issued within 7-10 business days, minus the $20.95 shipping fee incurred by Doña Cholita.

1.3 You have 10 days from the date you receive your first Subscription box to submit a claim under our Satisfaction Guarantee. We calculate your 10 days with day 1 being the day the courier tracking records your parcel as ‘delivered’.

1.4 You must email the Customer Care Team prior to 5pm on day 10, in order to qualify.

1.5 Applications that do not meet this criteria will not be approved for refund. We reserve the right to reject a refund request in the event that we are not satisfied (acting reasonably) with the supporting evidence you provide to us.

1.6 Your Dona Cholita subscription box will renew automatically on the 1st of each month for the following month’s box. Our Satisfaction Guarantee covers only your first subscription/box order. If your subscription renews or pre-paid order has been processed for the next months box prior to you being approved for a refund, the refund will be issued only on your first box and not any subsequent boxes that have been paid for or processed.

1.7 Products covered under our Satisfaction Guarantee include all Monthly Subscriptions

1.8 Products, being individual or bulk buy products, purchased through any other avenue (not through our website), are not covered under our Satisfaction Guarantee.

  1. Your use of the website

2.1 You must use the website in accordance with these Terms and for your own non-commercial and personal use. You must be over 18 to register and use the website.

2.2 You are solely responsible and liable for all activity and communication on the website by you or through your login.

2.3 You must not use the website for any of the following purposes: (a) engaging in any conduct which breaches any applicable law or regulation; (b) attempting to interfere with the security of the website, or security features that restrict the use or copying of any content on the website; (c) engaging in any activity that interferes with or disrupts the website or the servers and networks that host the website; (d) distributing or communicating any information, content or material that; (i) infringes the rights of a third party including intellectual property rights; (ii) is false, inaccurate, offensive or abusive.

2.4 You acknowledge that any suspected illegal activity may be referred to the appropriate authorities.

2.5 When registering your account, you will provide us with personal information such as your name, address, email address and phone number. You warrant that this personal information is current and correct. Your personal information will not be disclosed to any third party without your consent and is governed by Dona Cholita’s Privacy Policy.

2.6 By registering with Dona Cholita, you expressly agree to receive emails (containing special offers and product information) and e-newsletters from Dona Cholita. You can request to stop receiving emails and e-newsletters at any time by updating your subscription preferences or by notifying Dona Cholita.

2.7 You must keep your login details secure and confidential. You are solely responsible and liable for any unauthorised activity and communication on your account.

2.8 If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify Dona Cholita immediately and take immediate steps to re-secure your account (including by changing your password).

2.9 Dona Cholita may, at its discretion, and without prior notice: (a) temporarily or permanently restrict your access to all or part of the website; or (b) impose rules on your use of the website; or (c) revoke your account; and Dona Cholita excludes all liability in relation to this.

2.10 Dona Cholita reserves the right to amend these Terms (including imposing additional terms) at its sole discretion, at any time and without notice to you. Any amendments are automatically incorporated into and form part of these Terms. The Terms are accessible on our website and you accept that it is your responsibility to review these Terms each time you use the website. By continuing to use the website, you agree to be bound by any amendments to the Terms.

2.11 Dona Cholita reserves the right to change the website, and the products and services available through the website, at its sole discretion without liability to you or any other third party.

  1. Information on the website

3.1 Dona Cholita will endeavour to ensure that all information, content or material (referred to as “information”) on the website is accurate, complete and reliable except for information submitted by users of the website. However, Dona Cholita does not make any representations or guarantees as to the accuracy, completeness or reliability of any information on the website. You acknowledge that such information may contain errors or inaccuracies and accept that you must make your own enquiries to verify the information provided by Dona Cholita. Dona Cholita expressly excludes any liability that may arise in relation to the accuracy, completeness or reliability of any information on the website.

3.2 If Dona Cholita comes across any error or inaccuracy in any information on the website, Dona Cholita reserves the right to correct that information without any liability to you or any other third party.

  1. Orders, Subscriptions and Cancellations

4.1 Any products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

4.2 You may purchase a monthly subscription plan (referred to as “subscription”) for a monthly box containing a group of products as selected by you (referred to as the “box”).

4.3 All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 5 days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price.

4.4 You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid, Dona Cholita will not provide a refund of the subscription price unless Dona Cholita cancels or is unable to fulfil your order, in which case, Dona Cholita will provide a full refund of the monthly subscription price.

4.5 Dona Cholita does not accept returns of boxes or individual products except as detailed in 4.7 below.

4.6 All boxes and products are checked for quality prior to delivery and while Dona Cholita endeavours to ensure that the box and product is delivered to you in good condition, they may be damaged during delivery. If you intend to seek a replacement box or product you must send through a picture sufficiently illustrating the damage to Dona Cholita for assessment. Any requests for a replacement box or product must be made within 2 weeks of receipt of the items. If Dona Cholita assesses the damage and at its discretion agrees to replace the box or product, you may at your own cost return the damaged box or product to the address noted in these Terms. Dona Cholita will replace the box and/or product as soon as practical. You accept that Dona Cholita will not refund any opened or used products. In the case where the product is sold out, Dona Cholita will provide you with an alternative product which may or may not be of equal value.

  1. Price and Payment

5.1 The prices of subscriptions are in Australian dollars and include delivery charges where indicated. Please note the price of subscriptions are subject to change at any time without notice to you.

5.2 You expressly authorise Dona Cholita to process the payment for the subscription price via your relevant payment method at the time of your order.

5.3 Your invoices are made available to you online, and are downloadable through your account.

  1. Delivery of Products

6.1 Dona Cholita will endeavour to dispatch the boxes on the 3rd of the month, however Dona Cholita does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.

6.2 You acknowledge that all boxes delivered to you from Dona Cholita will be delivered using a third party carrier and you accept that all title in and risk to the box will pass to you upon the third party carrier being given possession of the box by Dona Cholita. Dona Cholita is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.

6.3 You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made by the 27th of the month or the following month’s box will be shipped to the previous address. Dona Cholita expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.

6.4 If your parcel is lost in transit or if it is returned to sender Dona Cholita may at it’s own discretion send a replacement. In these instances an additional fee of $10.00 will be charged to the customers account.

  1. Disclaimer and Liability

7.1 Your use of the website and services is at all times at your own risk and you accept that you are responsible and liable in relation to your use of the website.

7.2 To the extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) and specified in these Terms, Dona Cholita expressly excludes all representations and warranties, expressed or implied including but not limited to those relating to fitness for a particular purpose.

7.3 Dona Cholita does not guarantee that the website will be available at all times or that it will be provided without fault, error, disruption or viruses.

  1. Indemnity

8.1 You release and indemnify Dona Cholita from and against all claims, liabilities, losses, damages, costs, expenses (including reasonable legal costs) which arise directly or indirectly from your use of the website, your conduct, any breach by you of the Terms or Dona Cholita’s privacy policy or any breach of you by you of any third party rights including intellectual property rights.

  1. Limitation of Liability

9.1 Notwithstanding anything else contained in these Terms, Dona Cholita will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the website, the box or the products whether directly, indirectly or consequentially or whether based in contract (including Dona Cholita’s negligence), tort or under statute. If Dona Cholita is found to have any liability to you, Dona Cholita’s total liability will be limited to the amount paid by you for your subscription.

  1. Intellectual Property

10.1 The website contains materials that are owned by Dona Cholita. Dona Cholita reserves all intellectual property rights such as copyright in all materials including but not limited to marketing material, business names, trademarks, logos, website layout, domain names or other distinctive brand features (referred to as “materials”).

10.2 You must not without our prior written consent: (a) use, copy, distribute, license, sell, publish, adapt or in any way create derivative works from any of the materials contained on the website; and/or (b) modify or copy the layout or appearance of the website nor any computer software or code contained on the website.

  1. Privacy and Personal Information

11.1 Dona Cholita Privacy Policy will govern the use of any personal information provided to Dona Cholita. The Privacy Policy can be found through a link on the website.

  1. General

12.1 Dona Cholita will not be responsible or liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

12.2 This site may be accessed throughout Australia and overseas. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

12.3 These Terms and your use of the website will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.

12.4 If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable and the severed part will not affect the validity and enforceability of any remaining provisions.

12.5 If Dona Cholita does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Dona Cholita.

  1. Payment

13.1 In order to purchase any Dona Cholita products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal or Stripe. By ordering a Dona Cholita product, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at chips@donacholiota.com.au. The prices for products provided under this Agreement will be as set out on the website at the time you apply for the products. All prices are in AU dollars unless otherwise stated and inclusive of GST.

  1. GST & Taxes

14.1 You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.

14.2 Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act; Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply; Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.

  1. Product Availability

15.1 Due to product demands, Dona Cholita products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship Dona Cholita products when they become available.

  1. Contact Information

16.1 If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at chips@donacholita.com.au

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