PLANT BASED. GLUTEN FREE. DELICIOUS.

Terms & Conditions.

These Terms and Conditions apply to your use of the Pana Organic website. In these Terms and Conditions, “us”, “we” or “our” means Pana Organic / Pana Chocolate (ABN 41 158 976 759) of 1 Sanders Place, Richmond VIC, Australia 3121.

Your order will be shipped by either Australia Post Express Post express service or Toll parcel services. A standard shipping fee of AUD$9.95 applies to all orders. Please allow 1 – 7 working days for delivery. 

Most orders will ship out within 1 business day of ordering. Orders are subject to verification and approval before shipping and may take up to 48 hours to process. Please note that we do not ship on Saturdays, Sundays or public holidays. While we will do all we can to ensure your order is delivered on time, Pana Organic cannot be held responsible for conditions beyond our control such as severe weather, service interruptions, etc.

Please note that our delivery options refer only to the delivery time frame and not to the time required to prepare your order. While most orders are ready for shipping within 1 day of ordering, some orders may take additional time.

Pana Organic ships directly to Mainland UK and the following European destinations – Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland. To order, select the UK or Europe store from the bottom of your browser to start shopping.

(1) Introduction
We understand that from time to time you may wish to return a product to us. We have created this 10-day returns policy to enable you to return products to us in appropriate circumstances. This returns policy applies to customers irrespective of your geographical location. This policy does not affect any statutory rights you may have (under such consumer rights legislation that may be currently enacted).

(2) Returns
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where: (a) we receive the returned product within 10 days following the date of receipt of the product; (b) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new; (c) you comply with the returns procedure set out below; and (d) none of the exclusions set out below apply.

(3) Returns procedure
In order to take advantage of your rights under this returns policy, you must initially inform us of your intention and reason for the return. Products returned under this policy must be sent by recorded delivery to: Pana Chocolate Pty Ltd. 1 Sanders Place, Richmond, Australia, 3121. You will be responsible for paying postage costs associated with returns under this policy unless a prior agreement is reached.

(4) Exclusions
The following kinds of products may not be returned under this policy: (a) Product liable to deteriorate within the period set out in Section 1 and 2 above; (b) any product made to your specification; (c) any product made to order.

(5) Refunds
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and excluding the costs of returning the product to us unless a prior agreement is reached. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.

(6) Improper returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product): (a) we will not refund or exchange the product; (b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and (c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

(7) About us
Our full name is Pana Chocolate Pty Ltd. Our registered office is 1 Sanders Place, Richmond, Australia, 3121 and our principal trading address is the same. Our company ABN is 41 158 976 759. Our email address is info@pana-organic.com

(1) Introduction Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. (2) Interpretation In these terms of sale, “we” means Pana Chocolate Pty Ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly). (3) Order process The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you may have to create an account with us and log in; if you are an existing customer, you may be asked to enter your login details; (iii) once you are logged in, you may be asked to select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English. Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order. (4) The products Pana Organic bars, gift packs, speciality items and collaboration items. (5) Price and payment Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products must be made by PayPal or credit card and any method detailed on the website from time to time. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. (6) Your warranties You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of the products. (7) Delivery policy We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation. (8) Risk and ownership The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us. We will be entitled to recover payment for the products even where ownership has not passed to you. (9) Consumers: returns policy This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section 12. You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us. If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you. (10) Consumers: statutory rights Nothing in these terms of sale affects any statutory rights you may have as a consumer. (11) Business customers: limitation of warranties This Section applies only to business customers, not consumers. We warrant to business customers that the products purchased from our website will: (a) conform in all material respects to any applicable specification of such products issued by us; and (b) be free from material defects in materials and workmanship for a period of 6 months from the date of delivery of the products. These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded. (12) Business customers: returns policy This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section 9. Products may only be returned to us with our prior agreement at your expense and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products. Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section 11, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges). (13) Refunds If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. (14) Force majeure In this Section and Section 15 below, “force majeure event” means: (a) any event which is beyond our reasonable control; (b) the unavailability of raw materials, components or products; and/or (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith. We will take reasonable steps to mitigate the effects of the any force majeure event. (15) Limitations of liability Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Subject to this: (a) we will not be liable for any losses arising out of a force majeure event; (b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer\’s or our instructions or recommendations, or any alteration carried out by you or any third party; and (c) if you are a business customer: (i) our liability in connection with any product purchased through our website is strictly limited to [the higher of the purchase price of the relevant product and the replacement cost of the relevant product; and (ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage. (16) Business customers: indemnity If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale. (17) Contract cancellation We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract. If you are a business customer, we may cancel a contract to supply products made under these terms of sale if: (a) you cease to trade; (b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; (c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; (d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or (e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction). (18) Consequences of cancellation Upon the cancellation of a contract in accordance with Section 17: (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and (c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 11, 12, 15, 16, 18 and 20 will survive termination and have effect indefinitely. (19) Scope of these terms of sale These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products. (20) General terms Images of products on our website are for illustrative purposes; actual products may differ from such images. We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy]; use of our website will be subject to [our website terms of use]. Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale. Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. These terms of sale will be governed by and construed in accordance with Australian law, and the courts of Australia will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. (21) About us Our full name is Pana Chocolate Pty Ltd. Our registered office is 1 Sanders Place, Richmond, Australia, 3121 and our principal trading address is the same. Our company ABN number is 41 158 976 759 Our email address is info@pana-organic.com

The “Pana Organic X Republica Organic” Giveaway (“giveaway”) is organised by Pana Organic (“Pana Organic”) and Republica Organic. (“Republica Organic). This Giveaway will commence from Wednesday 4th May 2022 at 4:00 pm (AEST), running to Sunday 8th May 2022, 11:59pm (AEST) (“Giveaway Period”). Pana Organic reserves the right to change the Giveaway period at any time without notice to the customer, and is subject to the following terms and conditions.

1. Eligibility: The Competition is only open to legal residents of Australia and is void where prohibited by law. Employees of Pana Organic and Republica Organic, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Competition. The Competition is subject to all applicable local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Pana Organic as final and binding as it relates to the content of this Competition.

3. Competition Period: Entries will be accepted online starting on Wednesday 4th May 2022 at 4:00 pm (AEST) and ending Sunday 8th May 2022, 11:59pm (AEST).

4. How to Enter: Participants must submit a comment tagging one friend on the Giveaway post. Entrants must be following both Republica Organic and Pana Organic Instagram accounts to be considered a valid entry. Each comment constitutes a new entry, provided different accounts are tagged. Story shares receive a bonus entry. Direct messages will not be accepted as entry.
The entry must fulfil all Competition requirements, as specified, to be eligible to win a prize. You may not enter more times than indicated by using multiple identities in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Pana Organic. Pana Organic reserves the right in its sole and absolute discretion to disqualify any entry.

5. Prizes: The Winner of the Competition (the “Winner”) will receive the following prize pack, valued at $: 135
1 x Repulica Organic product of winners choice, valued up to $80
2 x Seventy % Dark 80g
2 x Almond Mylk 80g
2 x Golden Comb Mylk 45g
2 x Peanut Caramel 45g
No cash or other prize substitution shall be permitted. The prize is non-transferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.

6. Winner Selection and Notification: Two winners will be selected by a representative of Pana Organic, at the Pana Organic office on Monday 9th May at 9am, and two winners will be selected by a representative of Republica Organic, at the Republica Organic office on Monday 9th May at 9am. The Winners will be notified by Instagram Direct Message following the selection of Winners. Republica Organic and Pana Organic shall have no liability for Winner’s failure to receive a notification. If the Winner cannot be contacted, is ineligible, fails to claim the prize within [1 day] from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected.
Winner will be announced in Stories on the Republica Organic and Pana Organic Instagram accounts on Monday 9th May 2022, at 9:30am (AEST).

7. Terms & Conditions: Republica Organic and Pana Organic reserve the right, in it sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorized human intervention, fraud, or other cause beyond Pana Organic control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such a case, Pana Organic may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Pana Organic. Pana Organic reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions.

8. Limitation of Liability: By entering, You agree to release and hold harmless Pana Organic and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

9. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Pana Organic website.

10. Sponsor: The Sponsor of the Competition is Pana Organic, 1A Sanders Pl Richmond, VIC, 3121 and Suite 1.2/20A Danks St Waterloo, NSW, 2017.

11. The Competition is hosted by Pana Organic and Republica Organic and is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.

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