Terms & Conditions

Terms & Conditions Charlesworth Nuts Pty Ltd (ABN 40 007 735 882) - Last updated: 18.08.2026

1. About These Terms

These Terms & Conditions ("Terms") are issued by Charlesworth Nuts Pty Ltd (ABN 40 007 735 882) trading as Charlesworth Nuts ("Charlesworth Nuts", "we", "us", "our"), of 29-31 Township Road, Marion SA 5043. These Terms apply to your use of our website at charlesworthnuts.com.au (the "Website") and to any purchase you make through our online store. By using the Website or placing an order with us, you agree to be bound by these Terms. If you do not agree, please do not use the Website or place an order. These Terms should be read together with our Privacy Policy and Delivery & Shipping policy, which form part of these Terms by reference. Separate terms apply to purchases made in one of our retail stores, to the extent of any inconsistency with these Terms.

2. Using Our Website

• You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, anyone else.
• You must not attempt to gain unauthorised access to the Website, interfere with its operation, or use it to transmit unlawful, harmful or misleading content.
• Website content, product listings, pricing and availability are updated from time to time and may change without notice.
• We reserve the right to correct any errors, inaccuracies or omissions on the Website (including in relation to pricing, descriptions or availability) at any time, even after an order has been submitted, and to cancel or amend any affected order in accordance with clause 5.

3. Products

• Product descriptions, weights, images and packaging shown on the Website are provided as a guide only. Actual products may vary slightly in appearance, size, colour or packaging.
• Because many of our products are handmade and packed individually, minor variations between what is pictured and what you receive are normal and are not considered a fault.
• Product availability can change without notice, including due to seasonal supply. Where a product becomes unavailable after you've ordered it, clause 5 (Orders and Acceptance) explains what happens.
• Seasonal or promotional products (for example, hampers built around a particular occasion) may be substituted with a product of equal or greater value where the original becomes unavailable, or may be withdrawn from sale.
• Always check the current packaging and label of the product you receive for accurate ingredient, allergen and nutritional information; see clause 16.

4. Prices

• All prices on the Website are shown in Australian dollars (AUD) and include GST where applicable.
• Prices may change at any time without notice. The price displayed and accepted at checkout at the time you place your order is the price that applies to that order, regardless of any subsequent price change.
• Delivery, redelivery, re-direction or surcharge fees (see clause 7) are additional to the product price unless stated otherwise.
• Pricing errors: if a product is listed at an incorrect price due to a typographical, systems or pricing error, we reserve the right to refuse or cancel any order placed at the incorrect price, whether or not the order has been confirmed. If we're unable to fulfil an order because of a genuine pricing error, we'll contact you and offer a full refund of any amount paid, or the option to proceed at the correct price.

5. Orders and Acceptance

• Orders can be placed through the Website, or by phone on (08) 8296 8366.
• Placing an order is an offer by you to purchase the selected products. An order is only accepted, and a contract formed, once we send you an order confirmation (or, for phone orders, once payment is taken). Adding items to your cart or completing checkout does not by itself guarantee acceptance.
• We may decline or cancel an order, in whole or in part, in limited circumstances, including where:

- we suspect fraud or unauthorised use of a payment method;

- a product is unexpectedly out of stock or a stock error has occurred;

- a significant pricing error has occurred (clause 4); or

- we're unable to deliver safely to the address provided.

• If we cancel an order or part of an order after payment has been taken, we'll refund the affected amount using your original payment method.
• If an item becomes unavailable after your order is placed, we'll contact you to offer a substitute of equal or greater value, a partial refund for that item, or cancellation of the affected item.

6. Payment

• We accept payment by credit/debit card, Apple Pay and PayPal.
• All online payments are processed securely by our third-party payment providers (including Westpac PayPal). Charlesworth Nuts does not store, collect, view or have access to your full card details at any time; see our Privacy Policy for more information on how payment data is handled.
• You must ensure the payment details you provide are accurate and that you're authorised to use the payment method. Full payment is required at the time of ordering unless we've agreed otherwise in writing (for example, for some corporate orders).

7. Delivery & Shipping

Delivery fees

• South Australia: $9.90 flat rate
• Australia-wide: $14.90 flat rate
• We do not charge a separate handling fee. We deliver to Australian addresses only; we're unable to ship internationally, though anyone anywhere can place an order for delivery to an Australian address.

Remote areas and large orders
Where an order is exceptionally large, oversized, or being delivered to a remote or hard-to-reach location, additional shipping fees may apply. If this affects your order, we'll contact you before processing it.

Estimated timeframes
Orders are generally dispatched within 4 business days. From dispatch, estimated delivery times are:

• SA Metro: 2-3 business days
• Other Australian metro areas: 4-5 business days
• Regional and remote areas: 6-7 business days

These are estimates only. We can't guarantee delivery on a specific date or time, and timeframes may extend during peak periods (Christmas, Easter, Mother's Day, Father's Day and other promotional periods) or due to matters outside our control, including delays caused by Australia Post, couriers, weather, or other circumstances beyond our reasonable control. Deliveries by our own drivers and third-party couriers generally occur on business days (Monday to Friday), excluding public holidays.

How we deliver
Most Adelaide metro orders are delivered by our own drivers. Orders outside Adelaide metro are primarily sent via Australia Post, and may also use Aramex, TNT or FedEx depending on location and service availability. All orders include tracking, sent to you by email once dispatched.

If nobody is available to accept delivery

• At checkout, you can choose to authorise us to leave your order in a safe place if nobody is home. If you select this, Charlesworth Nuts and our delivery partners aren't responsible for loss or damage occurring after the order has been left as authorised.
• If you don't select this option and nobody is available, Australia Post will notify you via the AusPost app, email or SMS, or leave a card, and the parcel will typically be taken to the nearest post office or collection point for you to collect within the timeframe specified by the carrier.
• For Adelaide metro deliveries by our own drivers, a card may be left with instructions to arrange redelivery, which may incur a fee at our discretion.
• We do not recommend leaving chocolate products unattended due to the risk of melting; please choose a delivery address where someone can accept the order, particularly in warmer months.

Uncollected parcels and return to sender
If a parcel is taken to a collection point and not collected within the carrier's specified timeframe, it may be returned to us. Where this happens:

• you may request redelivery at an additional shipping cost; or
• for non-perishable items, we may offer a refund excluding the original shipping cost and any return-to-sender fee charged by the carrier; or
• for perishable items (such as chocolate or nut-based gifts), no refund will be available if the order is returned due to non-collection, given the products cannot be safely resold.

Incorrect or incomplete addresses
It's your responsibility to provide a complete and accurate delivery address. A re-direction fee may apply where you change the delivery address after the order has been placed, or where the address provided is incorrect, incomplete or otherwise undeliverable. Where a delivery cannot be completed because of an unsuitable address supplied by you, or because a perishable order isn't collected in time, we won't be responsible for resulting spoilage or damage to chocolate or other perishable products.

Chocolate and warm weather
During warmer periods, we may hold chocolate orders in our temperature-controlled facility until conditions are suitable for safe delivery, and we'll try to contact you if this affects your order. If you're ordering during warmer months, consider choosing a non-chocolate product, particularly for addresses that can't guarantee prompt collection.

Express delivery
Express delivery is available Australia-wide, subject to Australia Post guidelines, by calling us on (08) 8296 8366. An additional fee applies, preferred delivery dates aren't available, and express delivery isn't offered over the Christmas period.

Lost orders
If your order hasn't arrived within a reasonable time (10 business days from dispatch), please contact us and we'll investigate with the relevant carrier and arrange a replacement or refund if appropriate.

8. Click & Collect / Store Pickup

Charlesworth Nuts does not currently offer a Click & Collect or online order pickup service. All online orders are delivered by the methods described in clause 7. If we introduce Click & Collect in future, separate terms covering collection timeframes, identification requirements and uncollected orders will be published on this page and will apply from the date that service commences. Phone orders can currently be arranged for delivery only by calling (08) 8296 8366.

9. Cancellations, Refunds and Returns

Nothing in this clause limits your rights under the Australian Consumer Law; see clause 10.

Change of mind
Due to food hygiene and safety requirements, we're unable to accept returns, exchanges or offer a refund for change of mind. Please choose carefully, and check product descriptions, images and allergen information before ordering.

Incorrect item, damaged, faulty or unsafe products, or missing items
We take care to pack every order securely so it arrives fresh and in the condition it left our factory. If your order arrives damaged, faulty, unsafe, incomplete, or the wrong item was sent, please contact us as soon as possible at orders@charlesworthnuts.com.au. We ask that you let us know within three business days of delivery so we can resolve it promptly, though this doesn't affect your rights under the Australian Consumer Law, which apply regardless of when a genuine fault is reported. Depending on the issue, we'll offer a replacement, refund or repair as appropriate.

Incorrect delivery
If an order is delivered to the wrong address due to our error, we'll arrange a replacement or refund. Where an incorrect or incomplete address was supplied by you, clause 7 (Incorrect or incomplete addresses) applies.

Deterioration after delivery
Once an order has been delivered to the address you provided (or left in a safe place you authorised), we're not responsible for deterioration caused by how it's subsequently stored or handled, for example chocolate left in a hot car or an unattended parcel exposed to the sun for an extended period.

How to request a resolution
Contact us at orders@charlesworthnuts.com.au or (08) 8296 8366 with your order number and details of the issue, including photos where relevant. We'll assess each case and get back to you with next steps.

10. Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded, restricted or modified. Where the ACL applies, our goods come with guarantees that cannot be excluded, including that they are of acceptable quality, fit for purpose and match their description. If a product fails to meet a consumer guarantee, you're entitled to a remedy, which may include a repair, replacement or refund, depending on whether the failure is major or minor. To the extent any clause in these Terms is inconsistent with your rights under the ACL, your ACL rights prevail.

11. Gift Vouchers

• Charlesworth Nuts gift vouchers are valid for 3 years from the date of purchase, unless a different expiry is stated on the voucher at the time of purchase.
• Vouchers can be redeemed against products purchased through our online store or in any of our retail outlets, unless stated otherwise at the time of purchase.
• Vouchers can be redeemed in part, with any remaining balance available for future use up to the expiry date; vouchers are not redeemable for cash, except where required by law.
• Treat your gift voucher like cash; we're not able to replace vouchers that are lost, stolen or used without your authorisation. If you believe a voucher has been used fraudulently, please contact us and we'll assist where we reasonably can.
• Where an order paid for (in whole or in part) with a gift voucher is later refunded, the refunded amount will generally be returned to the original gift voucher rather than your card or payment method, unless we agree otherwise.

12. Promotions, Discount Codes and Free Shipping

• From time to time we run promotions and issue discount or promotional codes, which are subject to any additional terms displayed with that specific offer.
• Unless stated otherwise, a promotional code: is limited to one use per order; may require a minimum spend; has an expiry date after which it can no longer be redeemed; and cannot be combined with any other discount code, offer or free shipping promotion (including our newsletter sign-up discount).
• Some products, gift vouchers, or order types (such as corporate or wholesale orders) may be excluded from a promotion; any such exclusions will be noted with the offer.
• Free shipping offers apply within reasonable personal usage limits and are not valid in conjunction with other discount codes. Gift vouchers remain valid for use during free shipping promotions.
• Newsletter sign-up discounts are issued to the email address used to subscribe and are subject to the same conditions above.
• If an order that used a promotional code, discount or free shipping offer is later cancelled or refunded, the value of the discount or promotional benefit received will generally be deducted from the refund, unless required otherwise by law

13. SMS and Email Marketing

If you opt in to receive marketing communications from us, we may contact you by email and/or SMS using Mailchimp, our email and SMS marketing platform. This clause explains how our SMS marketing program works, in addition to what's set out in our Privacy Policy.

• Consent: we'll only send you marketing SMS messages if you've opted in, for example by subscribing to our newsletter and providing a mobile number, or by opting in at checkout or in-store. Consent to receive marketing SMS is never a condition of purchasing from us.
• What you'll receive: marketing SMS messages may include information about new products, promotions, competitions, gift ranges and special offers. These are separate from transactional or service messages (such as delivery notifications), which we may send regardless of your marketing preferences where reasonably necessary to fulfil your order.
• Message frequency: frequency varies depending on current promotions and campaigns.
• Message and data rates: standard message and data rates from your mobile carrier may apply.
• Opting out: you can unsubscribe from SMS marketing at any time by replying STOP to any marketing message, or by contacting us using the details in clause 23. For help, reply HELP or contact us directly. You can unsubscribe from email marketing at any time via the link included in our marketing emails.
• How your information is used: your mobile number and related information are handled in accordance with our Privacy Policy and are shared with Mailchimp only to the extent necessary to deliver these communications. We don't sell your personal information.

14. Gift Baskets and Hampers

• Our gift baskets and hampers are handmade, and small variations in presentation, packaging and product arrangement between what's pictured and what you receive are normal.
• Where a component of a hamper becomes unavailable due to seasonal supply or stock issues, we may substitute it with a product of equal or greater value, without reducing the overall value of the gift.
• Custom or personalised gift orders (minimum 20 gifts) can be arranged by contacting our gift team; please allow 5-7 business days for these to be created and processed, extending during peak periods such as Christmas and Mother's Day.
• Delivery dates for hampers follow the estimated timeframes in clause 7 and can't be guaranteed for a specific date; if you need a hamper to arrive by a particular date, please contact us in advance and we'll do our best to help.
• Large hamper orders, including for corporate gifting, are covered further in clause 15.

15. Corporate and Large Orders

Separate pricing, delivery arrangements or terms may apply to corporate, wholesale or unusually large orders, including bulk hamper orders, multi-address delivery and personalised gifts. Please contact our corporate team via our Corporate enquiries page or call (08) 8296 8366 to discuss your requirements; any agreed variation to these Terms for a corporate order will be confirmed with you in writing.

16. Allergens and Product Information

Many of our products contain, or are produced in a facility that also processes, nuts, gluten, dairy and other allergens. Ingredient, allergen and nutritional information is available on each product's information tabs on the Website, and our in-store team can provide ingredient lists on request.

If you or the person you're buying for has a food allergy, intolerance or dietary requirement, please check the product listing and the packaging/label of the item you receive before consuming it, as ingredients and formulations can change. These Terms don't limit or override our food labelling and food safety obligations under applicable law; if you have any concern about a product's safety or labelling, please contact us straight away.

17. Website Intellectual Property

The Charlesworth Nuts name, logo, and all photographs, graphics, written content, recipes and other material on the Website are owned by us or used under licence, and are protected by copyright, trade mark and other intellectual property laws. You may view and download material for your own personal, non-commercial use, but you must not reproduce, distribute, modify or commercially exploit any part of the Website's content without our prior written permission.

18. Third-Party Links and Services

Our Website and checkout rely on third-party services, including Shopify (our ecommerce platform), payment providers (including Westpac PayPal), Mailchimp (email and SMS marketing), and delivery partners such as Australia Post, Aramex, TNT and FedEx. The Website may also link to third-party websites, including social media platforms. We aren't responsible for the content, operation, security or privacy practices of any third-party website or service, and your use of them is subject to their own terms and policies.

19. Website Availability

We take reasonable steps to keep the Website secure and available, but we don't guarantee it will be available at all times or free from errors, interruptions or delays. The Website may be unavailable from time to time for maintenance, updates, or due to matters outside our reasonable control. We'll aim to minimise disruption where planned maintenance is required.

20. Limitation of Liability

To the maximum extent permitted by law, and subject always to your rights under the Australian Consumer Law (clause 10), which cannot be excluded:

• our liability for any loss or damage arising from your use of the Website or a purchase from us is limited to, at our option, the resupply of the relevant goods or services, or the cost of resupply; and
• we're not liable for any indirect, consequential or special loss arising from your use of the Website or a purchase from us.

Nothing in these Terms is intended to limit any consumer guarantee, right or remedy that cannot lawfully be excluded, and if any part of this clause is found to be unenforceable, the remainder continues to apply.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, products or legal requirements. The updated version will be published on this page and applies from the date it's published. Where you've already placed an order, that order remains subject to the Terms that applied at the time you placed it, except where a change is required by law.

22. Governing Law

These Terms are governed by the laws of South Australia, and you submit to the non-exclusive jurisdiction of the courts of South Australia and any courts competent to hear appeals from those courts.

23. Contact Us

Charlesworth Nuts Pty Ltd ABN 40 007 735 882 29-31 Township Road, Marion SA 5043 Phone: (08) 8296 8366 Email: info@charlesworthnuts.com.au Order enquiries: orders@charlesworthnuts.com.au