Some legalalities you should know whilst you're here...
Terms and Conditions
You must also be 18 years or older, and have a valid credit card, with full authority to use it, to complete an order for the products on our website.
If you do not agree with any of these Terms and Conditions, you are not permitted to access or use this website or purchase products from the Lolly Mail.
We may change these Terms and Conditions at any time, without notifying you. If we do make a change to these Terms and Condition, the next time you use this website will mean you agree to the amended version of the Terms and Conditions.
In order to purchase one of our products, you must go to one of our product pages, select your product, and complete the checkout process. You can also go to one of our custom pages and build your own lolly jar.
When you purchase a product or service, you agree to receive transactional emails regarding your purchase and deliveries. In addition, you agree to receive emails promoting any special offer(s), including third party offers. You may opt-out from receiving special promotions by emailing us or selecting the unsubscribe link as is provided in the emails.
Each of our Lolly Mail jars contain a nutritional booklet with ingredients and allergy statements. Lolly Mail do not manufacture any lollies or chocolate therefore cannot ensure that they do not contain or have been in contact with an allergen. All lollies and chocolates are manufactured on equipment that also processes peanuts, other nuts, wheat, soy, egg, egg, lupin and therefore may contain traces of these allergens in the confectionery.
If you have a severe allergy or are considering gifting our products to someone who does, we recommend avoiding our confectionery. Whilst we make every effort to provide you the most correct and timely information regarding the ingredients in our confectionery products, we cannot make guarantees on any products.
Your receipt of an email order confirmation does not necessarily signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. In some cases, we may require additional information or may need to cancel your order.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
Pricing for products can be found on each product page. The price that we will charge you for the products will be the price as posted on the website on the date you order.
We reserve the right to change prices for products and services at any time, and do not provide price protection or refunds in the event of promotions or price decreases.
All prices are in AUD as quoted on our site and are exclusive of GST.
We may advertise promotional codes from time to time, which will provide customers with discounts to their order value.
Promotional codes are not transferable for cash or cash equivalents, and are not valid for the purchase of gift cards or gift vouchers. Promotional codes cannot be used in conjunction with any other offers and adjustments on previous purchases will not be made.
We reserve the right to modify or cancel a promotional code at any time without prior notice if, in our opinion, the promotional code is not being used in the manner and for the purposes intended.
You must pay in full by debit, credit card or Paypal in advance when you submit an order through our Website.
Payment will be collected at the time of placing the order. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current versions can be found at here and here. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order. On most occassions, standard delivery will be included in the order, For more details, visit our delivery information page.
All orders received via our website (www.lollymail.com.au) are dispatched and sent from the Brisbane, Queensland, Australia.
We ship all orders using a third-party courier service and occasionally Australia Post for express or Saturday delivery. While we strive to provide you with a sweet experience, we cannot control the third-party couriers’ operations or other events that are out of our control.
Once we place an order in the possession of any third-party courier service, we cannot be held liable for any shipping timelines or delays. We will also not be responsible for lost, stolen or damaged goods.
We will deliver the goods to the delivery address specified during the checkout process. We accept no responsibility for incorrect, insufficient or incomplete address or delivery details, and refunds and replacements will not be given in these cases.
Lolly Mail confectionery is a perishable product and it can be affected by the weather, particularly in the Summer and warmer months. We want your order to arrive in the best possible condition, so we do request that your orders be shipped to an address where someone is present at the time of delivery like your office or home.
Once you place your order, it is your responsibility to ensure that someone is present to accept delivery. We accept no responsibility if no one is present at the delivery address to accept delivery. Our couriers have the Authority to Leave the package in a safe place however this can mean that it is subject to the weather elements and your package may become warm and stick.
We cannot be held responsible for products that are damaged or stolen as the result of the recipient not being available and the parcel being left outside upon delivery.
Limitation of Liability
In no event shall Lolly Mail or its directors, employees, or affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if it has been advised of the possibility of such damages or losses.
You agree the business’ total cumulative liability in connection with these Terms and Conditions, the website, the content or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to company in the then-prior calendar month.
This website for the sole use of individuals and companies wishing to review, consider, purchase or otherwise transact business involving Lolly Mail products and services and/or to otherwise contact the business, on their own behalf or on behalf of intended recipients.
Subject to your compliance with this agreement, we hereby grant you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the website and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the website (collectively, the “content”), solely for your personal, non-commercial use.
You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the content except as expressly set forth in this agreement. You may not remove any copyright or other proprietary notices from any content.
If you breach any term of this agreement, your authorisation to use the website and content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to:
- (i) attempt to disable or circumvent any security mechanisms used by the website or content or otherwise attempt to gain unauthorised access to any portion of the website or content or any other systems or networks connected to the website, or to any server of company or its third party service providers, by hacking, password “mining”, or any other illegal means;
- (ii) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the website or content;
- (iii) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the website or with any other person’s use of the website;
- (iv) track or seek to trace any information on any other person who visits the website;
- (v) use the website or content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations;
- (vi) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the website or content.
Intellectual Property Rights
The business, the logo, and other trademarks, service marks, graphics and logos used in connection with the website are trademarks of Lolly Mail.
Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively third-party marks). The business marks and third-party marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the business or the applicable trademark holder.
The website and the content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by the business or the owner of the content.
Terms of Sale
We sell our products from the website to end-user customers who purchase them to receive or send the products only for personal, non-commercial use. You may not purchase our products or services for further distribution or resale or for any other commercial or business purpose.
Orders cannot be cancelled once we have commenced processing the order. In order to deliver our candy in the best possible condition, the processing of an order commences almost immediately once you have submitted your order.
Please contact us as soon as possible of your intent to cancel and we may be able to accommodate your request.
If any part of these terms and conditions are held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforce ability of the remaining provisions.
We rely on you to comply with these Terms and Conditions, so if we suffer loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs.
You agree to indemnify and hold us harmless us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the website. By using this website, our services, or supplied products, you agree to indemnify, hold harmless and defend the company/business from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, legal fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services, or products by you or any other person accessing the website.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise this agreement at any time by updating this posting.
These Terms and Conditions are governed by Queensland law and if there's a dispute concerning these terms and conditions, the courts in Queensland, Australia will determine the outcome. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. If you have any questions relating to these Terms and Conditions, please contact us.
Disclaimer of Warranty
Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the products, their characteristics or fitness for any particular process.
The business warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
All users expressly understand and agree that:
- (a) your use of the products and services is at your sole risk, the products and services are provided on an 'as is; and 'as available' basis and the business expressly disclaims all warranties, conditions and terms (collectively, "Promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the use of the membership, implied promises of merchant ability, satisfactory quality, fitness for a particular purpose, and non-infringement
- (b) the business makes and gives no promise that (I) the products or services will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material obtained by you through the membership will meet your expectations.