These Terms and Conditions apply to your access to and use of the CHAE online store and to all purchases made through our website.

The online store is operated by Yoon Yoora Pty Ltd, trading as CHAE, ABN 96 947 136 798 (“CHAE”, “we”, “us” or “our”).

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By accessing our website, creating an account or placing an order, you agree to these Terms and Conditions.

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Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

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1. Contact Details

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Business name: CHAE
Legal entity: Yoon Yoora Pty Ltd
ABN: 96 947 136 798
Email: chae@chae.com.au
Business address: 33 Mountain Road Cockatoo VIC 3781
Customer service hours: Monday - Friday, 9am-5pm

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For questions about an order, please contact us by email and include your order number.

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2. Eligibility to Purchase

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You must be at least 18 years old, or have the permission of a parent or legal guardian, to place an order through our online store.

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By placing an order, you confirm that:

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• the information you provide is accurate and complete;

• you are authorised to use the selected payment method;

• you are legally capable of entering into a binding agreement; and

• the products are being purchased for lawful personal or business use.

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We may decline or cancel an order where we reasonably believe that it is fraudulent, unauthorised, intended for resale without approval, or otherwise breaches these Terms and Conditions.

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3. Products

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CHAE may sell products including:

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• fermented foods and condiments;

• kimchi and other refrigerated products;

• sauces, pastes, vinegars and syrups;

• pantry products;

• tableware and other household goods;

• books and merchandise; and

• other products introduced from time to time.

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We make reasonable efforts to ensure that product descriptions, ingredients, weights, photographs and other information are accurate.

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However:

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• product colours may appear differently depending on the customer’s screen;

• handmade and traditionally fermented products may vary slightly between batches;

• natural variations in colour, texture, aroma, consistency and flavour are not necessarily defects; and

• product packaging may change without notice.

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The product information shown on the website at the time of purchase forms part of these Terms and Conditions.

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4. Fermented and Handmade Products

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Many CHAE products are handmade using traditional fermentation and ageing methods.

Natural characteristics may include:

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• continued fermentation after packaging;

• changes in flavour, aroma, acidity or texture over time;

• natural separation or sediment;

• slight expansion of packaging;

• harmless surface crystallisation; and

• reasonable variation between production batches.

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These natural characteristics are not considered faults where the product remains safe, fit for purpose and consistent with its description.

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Customers must follow all storage, refrigeration, opening and consumption instructions shown on the label or product page.

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Do not consume a product if its packaging is severely damaged, leaking, unusually swollen beyond the characteristics described on the product page, or if there are other reasonable grounds to believe the product may be unsafe.

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Contact CHAE before consuming the product if you are uncertain about its condition.

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5. Ingredients, Allergens and Dietary Information

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Customers are responsible for reviewing the ingredient list and allergen information before purchasing or consuming a product. CHAE products may contain or come into contact with allergens including, but not limited to:

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• soy;

• wheat and gluten;

• sesame;

• peanuts;

• fish;

• crustaceans and shellfish;

 

Products are prepared or packed in facilities where multiple allergens may be handled. Unless expressly stated otherwise, we cannot guarantee that any product is completely free from traces of allergens.

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Statements such as “gluten-free”, “vegan” or other dietary descriptions apply only where expressly stated on the applicable product page or label.

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Customers with allergies, intolerances, medical conditions or special dietary requirements should seek appropriate medical advice and contact us before purchasing where further information is required.

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CHAE is not responsible for an allergic or adverse reaction where the relevant ingredient or allergen was accurately disclosed, or where a reasonable cross-contact warning was provided.

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Nothing in this section limits any rights available under the Australian Consumer Law.

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6. Product Availability

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All products are subject to availability.

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Some CHAE products are seasonal, handmade or produced in limited quantities. Adding an item to your shopping cart does not reserve the item. If a product becomes unavailable after an order has been placed, we may:

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• contact you to offer a suitable substitute;

• remove the unavailable item and refund the amount paid for it; or

• cancel and refund the affected order.

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We will not substitute a product without your agreement where the substitute is materially different from the product ordered.

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We may place reasonable limits on the number of products purchased by an individual, household, business, account or delivery address.

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7. Prices and GST

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All prices are displayed in Australian dollars unless otherwise stated.

Unless clearly indicated otherwise, displayed prices include Australian Goods and Services Tax where applicable.

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Delivery fees and any other applicable charges will be displayed before payment is completed.

We may change prices at any time. A price change will not affect an order that has already been accepted, except where there has been an obvious pricing or technical error.

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Promotional codes and discounts:

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• must be used before their stated expiry date;

• cannot be exchanged for cash;

• cannot be applied retrospectively;

• may be limited to selected products or customers; and

• cannot be combined unless expressly permitted.

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8. Placing an Order

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An order submitted through our website is an offer by you to purchase the selected products.

After you place an order, you may receive an automated confirmation acknowledging that we have received it. This acknowledgement does not necessarily mean that your order has been accepted.

A binding agreement is formed when we:

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• confirm that the order has been accepted;

• begin preparing or packing the order; or

• dispatch the order,

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whichever occurs first.

We may refuse or cancel an order before acceptance where:

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• a product is unavailable;

• payment cannot be authorised;

• the price or product information contains an obvious error;

• delivery is unavailable to the nominated address;

• the order appears fraudulent or unauthorised;

• purchase limits have been exceeded; or

• the order breaches these Terms and Conditions.

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Where payment has already been processed for a cancelled order, we will refund the affected amount using the original payment method.

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9. Payment

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Payment must be made using one of the payment methods displayed at checkout.

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Your payment information may be processed by a third-party payment provider. CHAE does not ordinarily receive or store complete payment card details.

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You are responsible for any fees charged by your bank, payment provider or card issuer.

An order will not be dispatched until payment has been successfully received, unless we have expressly agreed otherwise in writing.

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10. Pantry House and Member-Only Products

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Certain products or sections of the online store may be available only to approved CHAE members or customers who meet specified eligibility requirements.

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Member access:

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• is personal to the approved account holder;

• must not be transferred, sold or shared;

• does not guarantee the availability of any product;

• may be subject to purchase limits; and

• may be suspended or withdrawn where the account is misused.

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We may verify membership information before approving or fulfilling an order.

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Products purchased through a member-only area must not be purchased primarily for unauthorised commercial resale.

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Nothing in this section affects a customer’s rights under the Australian Consumer Law in relation to a completed purchase.

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11. Delivery Areas

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We currently deliver to eligible addresses within Australia.

Some refrigerated, frozen, fragile or perishable products may only be available for delivery to selected locations.

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We do not deliver to:

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• locations outside our stated delivery area;

• post office boxes where the selected carrier does not permit delivery;

• parcel lockers where the package type or refrigeration requirements are unsuitable; or

• addresses that our delivery provider identifies as inaccessible or unsuitable.

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Available delivery options will normally be shown at checkout after the delivery address is entered.

We reserve the right to cancel and refund an order if we cannot safely or reasonably deliver it to the nominated address.

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12. Delivery Charges

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Delivery charges are calculated based on factors that may include:

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• delivery location;

• total parcel weight;

• parcel dimensions;

• required packaging;

• temperature-control requirements;

• delivery speed; and

• the selected delivery provider.

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The applicable delivery charge will be displayed at checkout before payment.

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Any free-delivery offer is subject to the conditions stated with that offer, including minimum order values, eligible delivery areas and excluded products.

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13. Dispatch and Estimated Delivery Times

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Orders are normally dispatched within one business day, excluding Victorian public holidays and business closure periods.

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Estimated dispatch and delivery timeframes are provided as a guide only. They are not guaranteed delivery dates unless we have expressly agreed to a guaranteed service in writing.

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Delivery may be affected by circumstances including:

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• severe weather;

• bushfires, floods or natural disasters;

• public holidays;

• courier network delays;

• transport interruptions;

• incorrect address information;

• high order volumes; and

• events outside our reasonable control.

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We will take reasonable steps to notify you of a significant known delay.

Nothing in this section removes any rights you may have where products are not supplied within a reasonable time or within an agreed timeframe.

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14. Refrigerated and Perishable Products

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Refrigerated and perishable products are packed using packaging that we consider reasonably suitable for the selected delivery service and expected transit period.

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Customers must:

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• provide a complete and accurate delivery address;

• ensure that delivery can be safely completed;

• monitor tracking information;

• arrange prompt collection where a parcel is redirected to a collection point; and

• refrigerate products promptly after delivery.

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Where authority to leave is selected or applies, the parcel may be left in a place considered reasonably safe by the courier.

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Once delivered, customers are responsible for storing products according to the label instructions.

Customers should not request delivery of refrigerated products to an address where the parcel is likely to remain unattended for an extended period.

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A delay alone does not necessarily mean that a shelf-stable, fermented or refrigerated product is unsafe. Product safety will depend on the type of product, packaging, transit conditions and condition on arrival.

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Contact us immediately if a perishable product arrives:

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• warm where it should reasonably be cold;

• damaged or leaking;

• with compromised packaging;

• significantly delayed;

• showing signs that reasonably suggest spoilage; or

• otherwise unsafe to consume.

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Do not discard the product or packaging until we have responded, unless retaining it would be unsafe.

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15. Delivery Address and Customer Errors

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Customers must check their delivery information carefully before submitting an order.

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Contact us immediately if an address needs to be corrected. We cannot guarantee that an address can be changed after an order has entered preparation or has been dispatched.

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Where an order cannot be delivered because the customer provided an incorrect or incomplete address, refused delivery or failed to collect the parcel:

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• additional delivery charges may apply;

• perishable products may not be suitable for redelivery; and

• a refund may not be available for products that have become unsaleable due solely to the customer’s error.

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However, we will not charge customers for delivery errors caused by CHAE or our delivery provider, and nothing in this section excludes rights under the Australian Consumer Law.

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16. Authority to Leave

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Where authority to leave is selected, requested or otherwise accepted by the customer, the courier may leave the parcel at the delivery address without obtaining a signature.

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The customer should nominate a secure, shaded and weather-protected location where possible.

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Authority to leave does not remove CHAE’s responsibilities under the Australian Consumer Law or our responsibility to address a parcel that is lost, damaged or incorrectly delivered due to our actions or those of our delivery provider.

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However, we may not be responsible for loss, theft, damage or deterioration occurring after a parcel has been correctly delivered to the nominated address and left in accordance with the customer’s delivery instructions, to the extent permitted by law.

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17. Tracking, Missing and Delayed Deliveries

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Tracking details will be provided where available.

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If tracking shows that an order has been delivered but it cannot be located, customers should:

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1. check safe locations around the property;

2. check with other household members, neighbours or building management; and

3. contact CHAE promptly.

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CHAE will make reasonable enquiries with the delivery provider.

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Customers are not required to resolve a delivery dispute directly with the courier where CHAE arranged the delivery. However, reasonable cooperation may be required to investigate the matter.

Where an order is confirmed as lost, incorrectly delivered or not supplied, we will provide an appropriate remedy, which may include replacement or refund, subject to availability and applicable law.

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18. Inspection on Delivery

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Please inspect your order promptly after delivery.

For delivery damage, missing items, incorrect products or concerns relating to refrigerated products, please contact us as soon as reasonably possible and provide:

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• your name and order number;

• a description of the problem;

• photographs of the parcel, packaging and product;

• the delivery date and approximate delivery time; and

• any relevant tracking information.

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Photographs help us investigate the issue but do not remove your legal rights where photographic evidence is unavailable.

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19. Australian Consumer Law

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Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances, you may be entitled to a replacement, refund, repair or other remedy if a product:

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• is faulty or unsafe;

• is materially different from its description or sample;

• is not of acceptable quality;

• is not fit for a purpose made known to us before purchase; or

• does not otherwise comply with a consumer guarantee.

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For a major failure, customers may generally reject the product and choose a refund or replacement, or keep the product and seek compensation for the reduction in value.

For a problem that is not major, we may be entitled to provide an appropriate remedy within a reasonable time.

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Your rights under the Australian Consumer Law apply in addition to any rights expressly provided under these Terms and Conditions.

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20. Change-of-Mind Returns

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Unless otherwise stated on the applicable product page, CHAE does not accept returns or provide refunds for change of mind.

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Change of mind includes circumstances where a customer:

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• no longer wants the product;

• ordered the wrong product;

• ordered the wrong quantity;

• found the product elsewhere at a lower price;

• did not review the product description or ingredients;

• does not like the flavour, aroma or texture where the product is not faulty; or

• cannot use the product because of a dietary requirement that was accurately disclosed before purchase.

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This policy does not apply where the product fails to comply with the Australian Consumer Law.

We may choose to accept a change-of-mind return at our discretion for an unopened, non-perishable product. Any discretionary return must be authorised by CHAE before it is sent back.

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21. Products That Cannot Usually Be Returned for Change of Mind

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For food safety, hygiene and quality reasons, we do not generally accept change-of-mind returns for:

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• food or beverages;

• refrigerated or perishable products;

• opened products;

• products with a broken tamper seal;

• products requiring temperature-controlled storage;

• personalised or customised products; or

• products that cannot safely be resold.

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This restriction does not apply where the customer is entitled to a remedy under the Australian Consumer Law.

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22. Faulty, Damaged or Incorrect Products

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Contact us promptly if a product is faulty, damaged, unsafe, incorrectly supplied or materially different from its description.

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We may ask you to provide reasonable information so that we can assess the issue.

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Where a product must be returned because it may not comply with a consumer guarantee, CHAE will bear reasonable return costs where required by law.

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Customers should not return food or other products without first contacting us, as some items may need to be disposed of safely rather than posted.

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Where a claim is accepted, the available remedy may include:

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• replacement;

• refund;

• repair, where appropriate;

• store credit, where accepted by the customer; or

• compensation for a reduction in value.

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The appropriate remedy will depend on whether the problem is major or minor and on the requirements of the Australian Consumer Law.

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23. Order Cancellations and Changes

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Contact us promptly if you wish to cancel or amend an order.

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We may accept a cancellation or amendment where the order has not entered preparation, production, packing or dispatch.

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We may be unable to cancel or modify:

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• a customised or personalised order once work has commenced;

• an order containing perishable products once packing has commenced;

• an order that has already been dispatched; or

• an order prepared specifically for the customer.

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Where we accept a cancellation, reasonable non-recoverable costs may be deducted only where permitted by law and clearly explained to the customer.

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This section does not affect statutory cancellation or refund rights.

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24. Product Reviews and User Content

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Where customers submit reviews, photographs, comments or other content, they confirm that the content:

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• is truthful and based on their genuine experience;

• does not infringe another person’s rights;

• is not defamatory, unlawful, misleading, threatening or abusive;

• does not contain confidential information; and

• does not contain malicious code or unauthorised advertising.

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By submitting content, you grant CHAE a non-exclusive, royalty-free licence to display, reproduce and use that content in connection with our website and marketing, unless otherwise agreed.

We may moderate or remove content where reasonably necessary but will not manipulate reviews in a manner that creates a misleading overall impression.

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25. Intellectual Property

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All website content, including CHAE’s name, branding, photographs, recipes, product descriptions, text, graphics, videos and designs, is owned by or licensed to CHAE unless otherwise stated.

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You may view and use the website for personal, non-commercial purposes.

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You must not, without our prior written permission:

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• reproduce or commercially use our content;

• copy product photographs or descriptions;

• use CHAE branding in a way that suggests endorsement;

• scrape or systematically extract website information;

• reproduce our recipes or educational materials commercially; or

• create derivative commercial products using protected content.

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Nothing in these Terms and Conditions transfers ownership of intellectual property to the customer.

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26. Website Use

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You must not:

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• use the website for unlawful or fraudulent purposes;

• attempt to gain unauthorised access to an account or system;

• interfere with website security or operation;

• introduce malware or harmful code;

• make purchases using false information;

• misuse discount codes or member access;

• use automated purchasing tools without permission; or

• engage in conduct that places an unreasonable load on the website.

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We may suspend or restrict access where we reasonably believe these conditions have been breached.

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27. Third-Party Services and Links

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Our website may use or link to third-party services, including payment processors, delivery providers, booking platforms, social media platforms and external websites.

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Third-party services may be subject to their own terms and privacy policies.

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We are not responsible for the independent content or practices of third-party websites. However, using a third-party provider does not remove any responsibility CHAE has to customers under applicable law.

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28. Privacy

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We collect and handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

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Information may be collected for purposes including:

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• processing and delivering orders;

• managing customer and member accounts;

• communicating about purchases;

• preventing fraud;

• providing customer service;

• improving our website and products; and

• sending marketing communications where consent or another lawful basis exists.

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Our Privacy Policy is available at Privacy Policy

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Customers should review the Privacy Policy before creating an account or placing an order.

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29. Marketing Communications

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Where you consent to receive marketing communications, we may send information about CHAE products, workshops, dining, events or promotions.

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Marketing emails and SMS messages will identify CHAE and provide a clear method of unsubscribing.

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You may unsubscribe at any time by using the unsubscribe function in the message or by contacting us.

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Unsubscribing from marketing does not prevent us from sending necessary transactional communications relating to an order, payment, delivery or account.

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30. Limitation of Liability

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To the maximum extent permitted by law, CHAE is not liable for loss arising from:

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• use of a product contrary to its label or care instructions;

• failure to refrigerate or store a product correctly after delivery;

• consumption of a product after its stated use-by date;

• an allergy or intolerance that was accurately disclosed;

• unauthorised account use caused by the customer’s failure to protect login details; or

• indirect or consequential loss that was not reasonably foreseeable.

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Nothing in these Terms and Conditions excludes, restricts or modifies:

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• the Australian Consumer Law;

• liability that cannot lawfully be excluded; or

• a customer’s right to recover reasonably foreseeable loss caused by our failure to comply with applicable law.

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Where liability may lawfully be limited, our liability will be limited only to the extent permitted by law.

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31. Indemnity

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To the extent permitted by law, you agree to compensate CHAE for reasonable loss or expense arising directly from:

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• your unlawful use of the website;

• your fraudulent conduct;

• your infringement of another person’s intellectual property rights; or

• your material breach of these Terms and Conditions.

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This section does not require a consumer to compensate CHAE for loss caused by CHAE’s own negligence, breach of contract or failure to comply with applicable law.

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32. Events Outside Our Reasonable Control

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We will not be responsible for delay or failure caused by events outside our reasonable control, including natural disasters, bushfires, floods, serious weather events, transport disruptions, industrial action, government restrictions, utility failures, cyber incidents or supply-chain interruption.

Where such an event affects an order, we will take reasonable steps to:

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• minimise the impact;

• communicate with affected customers;

• arrange an alternative where reasonably available; and

• provide any refund or other remedy required by law or these Terms and Conditions.

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33. Complaints and Dispute Resolution

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Please contact us first if you have a concern about an order.

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Email: chae@chae.com.au

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Please include your order number, the relevant facts and the resolution you are seeking.

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We will review the complaint and aim to respond within [insert number] business days.

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The parties agree to make reasonable efforts to resolve a dispute directly before commencing formal proceedings, except where urgent action is required or a party is exercising a statutory right.

Customers may also have the right to contact Consumer Affairs Victoria, the Australian Competition and Consumer Commission or another relevant consumer protection body.

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34. Changes to These Terms and Conditions

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We may amend these Terms and Conditions from time to time.

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The updated version will be published on our website with a revised “Last updated” date.

The terms applying to an order will generally be those displayed at the time the order was placed, unless a change is required by law or is accepted by both parties.

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35. Severability

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If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down to the minimum extent necessary.

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If it cannot be read down, it will be removed without affecting the remaining provisions.

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36. No Waiver

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A failure or delay by CHAE in exercising a right under these Terms and Conditions does not waive that right.

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A waiver is effective only where it is given in writing.

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37. Governing Law

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These Terms and Conditions are governed by the laws of Victoria, Australia.

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The parties submit to the courts and tribunals having jurisdiction in Victoria and any courts entitled to hear appeals from them.

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This provision does not prevent a consumer from exercising any right they may have to bring a claim in another jurisdiction under applicable consumer law.

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38. Interpretation

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In these Terms and Conditions:

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• “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

• “customer”, “you” and “your” mean the person accessing the website or purchasing a product;

• “product” includes any goods sold through the CHAE online store;

• “website” means [insert website address] and any associated CHAE online shopping page; and

• headings are included for convenience and do not affect interpretation.

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39. Acceptance

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By placing an order through the CHAE online store, you confirm that you have read, understood and agreed to these Terms and Conditions.