Terms of service

Last updated: December, 2025

 

Welcome to My Brownie Box. By placing an order or using our website, you agree to the following Terms & Conditions. Please read our terms and conditions carefully, as your use of our website, along with any rules, policies, conditions and procedures, will mean that you have fully understood, accept and willing to be bound by our terms and conditions including our privacy policy, returns policy and shipping information.

Please note that from time to time these terms and conditions, privacy policy, returns policy and freight information may be updated, and or added to, and it is your responsibility to update yourself every time you use our online website, and by your use of our website will mean that you will have read, fully understood, accept, and willing to be bound to our latest updated terms and conditions.  

If you do not agree with these Terms, please do not use our website or place an order.

 

1. ABOUT US

My Brownie Box (“we”, “us”, “our”) is a family-owned Australian business based in Brisbane. We specialise in handmade brownies made with organic, fair-trade, and gluten-free ingredients.


ABN: 917 900 107 14

Email: hey@mybrowniebox.com.au
Website: mybrowniebox.com.au

 

2. USE OF OUR WEBSITE

By using our website, you agree not to:

  • Engage in fraudulent activity
  • Upload harmful code or attempt to disrupt the website
  • Copy, reuse, or reproduce our content or images
  • Attempt to access restricted areas of the site

We may restrict or terminate access if these Terms are breached.

 

3. WEBSITE INFORMATION & ACCURACY

We make every effort to ensure our website information is correct. However, errors, omissions, or updates may occur.

  • Product images are for illustration only; colours, decoration, and sizing may vary.
  • We are not responsible for reliance on outdated or incorrect information.

 

4. THIRD-PARTY SERVICES & LINKS

Our website may include links to third-party tools or external sites. We do not control these services and are not responsible for their content, availability, or accuracy.

 

5. INTELLECTUAL PROPERTY

All content, including written information and images on our website is owned by My Brownie box and is protected by a worldwide copyright and cannot be used without permission and is strictly prohibited. 

Whilst we endeavour that every care has been taken with photos, and writing to provide the correct and true information about the products and any or all other topics discussed at all times on our website, we will not accept and cannot be held responsible for any misspellings, misinterpretations, misleading and or false information provided.  

By placing an order, you consent to us using images of your finished product for marketing purposes.

 

6. PRODUCT & ALLERGEN INFORMATION

  • Our brownies are handmade, and natural variations in appearance, size, and weight will occur.
  • Allergen and ingredient information is provided to the best of our knowledge.
  • While our products are made using gluten-free ingredients, our kitchen handles products containing wheat, gluten, milk, egg, nuts, sesame, peanut and soya. For this reason, we cannot guarantee an absence of trace allergens.
  • Our brownies are not suitable for individuals with Celiac disease or those with severe allergies to nuts, eggs, soy, or dairy.
  • Customers with allergies must read all product details and contact us before placing an order.
  • We do not accept responsibility for allergic reactions where information was available and the customer did not contact us for clarification.
  • All products used, and or including third party products used, are deemed to be of good quality and used within the expiry date, as per the labelling of such products, however we do not take any responsibility if these products are faulty in any way and or have defects or have expired before the date on the label. 

 7. HEAT-SENSITIVE & PERISHABLE GOODS

Our products contain chocolate and other heat-sensitive ingredients.
During warm weather, softening or melting can occur.

By ordering, you acknowledge:

  • We cannot guarantee products will remain firm during delivery or shipping.
  • No refunds or replacements are offered for heat-related melting or spoilage
  • Products must be refrigerated or stored according to our instructions
  • If no one is home, your order may be left in a safe place; once delivered, responsibility transfers to you.

 

8. PLACING AN ORDER

By submitting an order, you agree that all details, including name, address, contact number, and delivery date, are accurate. 

Orders may be refused or cancelled if:

  • Incorrect or incomplete information is supplied
  • Fraud is suspected
  • Ingredients or stock are unavailable
  • Operational issues prevent fulfilment

If we cancel an order, you will receive a full refund.

 

9. PRICING & PAYMENTS

  • All prices are in Australian dollars (AUD) and include GST (where applicable).
    Prices may change at any time, but confirmed orders will not be affected.
  • Payment must be completed at checkout using approved payment methods or providers
  • We are not responsible for bank or payment-processing fees.
  • If an obvious pricing error occurs, we may cancel the order and issue a full refund.
  • We reserve the right at anytime to change, modify or discontinue a service, discount coupon/code, product or part of or content thereof without any notice whatsoever at any time.
  • We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service/services or the product/products. 

 

10. DELIVERY, SHIPPING & PICKUP

10.1 Local Delivery (Selected areas)

  • Delivery fees and available dates appear at checkout
  • Delivery times are estimates only and may vary.
  • Drivers cannot wait for extended periods at the door.

 

10.2 Incorrect or Incomplete Addresses

If the address provided is incorrect:

  • The order may be returned to us or left in a safe location.
  • A redelivery fee will apply if you request a second attempt.
  • No refunds are provided for orders delivered to an incorrect address supplied by the customer.

 

10.3 Shipping

  • We use reputable third-party couriers or conduct in house deliveries.
  • Once the order is handed to the courier, risk transfers to you.
  • Delays may occur due to heat, traffic, weather, or courier network disruptions.
  • We do not refund for courier delays or heat damage during transit.

 

10.4 Pickup from Partner Locations

  • Pickup hours are determined by the hosting business and may change.
  • Orders must be collected on the nominated day.
  • We are not responsible for spoilage due to late collection.

 

10.5 Risk Transfer

Responsibility for your order passes to you once it is:

  • Delivered to your address
  • Collected by a courier
  • Picked up from a partner location

 

11. CANCELLATIONS

Cancelling an order may be done preferably by email and or phone. You must allow 72 hours for an order to be cancelled excluding holidays and weekends.

If the order is not cancelled 72 hours prior to order date, then the order will be executed and no monetary refund given due to preparation, production, and scheduling commitments.

 A separate Refund & Returns Policy applies in accordance with Australian Consumer Law.

 

12. EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays or non-performance due to factors outside our control, including:

  • Severe weather
  • Natural disasters
  • Supply shortages
  • Courier strikes
  • Power outages
  • Website hosting issues
  • Illness or emergencies affecting staffing or production

 

13. AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a significant issue with your order that is inside our control.

 ACL does not cover:

  • Change of mind
  • Incorrect delivery details provided by the customer
  • Heat-related damage
  • Delayed collection
  • Minor variations in appearance
  • Not being home to receive delivery

 

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we are not liable for:

  • Courier delays or third-party errors
  • Loss or damage after delivery or pickup
  • Temperature-related spoilage
  • Incorrect order details supplied by you
  • Indirect, consequential, or business-related losses

Our maximum liability is limited to the amount paid for the relevant product.

This website is provided by My Brownie Box on an as is basis and on an as available basis.  We do not in any way warrant, represent or guarantee that your using of our service will be uninterrupted, timely, secure or error free. We do not warrant that the results that you obtain from the use of our service will be accurate or reliable.  We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is entirely at your sole risk.

To the full extent permissible by applicable law, My Brownie Box disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. My Brownie Box does not warrant that this website, its servers, or e-mail sent from My Brownie Box are free of viruses or other harmful components. 

My Brownie Box and all its representatives including subcontractors, agents, interns, officers, employees, service providers, affiliates, personal and directors will not be liable for any injury, loss, claim, or any damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort, strict liability or otherwise, arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 

 

15. INDEMNITY

You agree to indemnify, defend and hold harmless My Brownie box, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. TERMINATION

We may cancel orders or restrict access to our website if:

  • Terms are breached
  • Fraud is suspected
  • Conduct is harmful to our business or customers

 

17. SEVERABILITY

If any part of these Terms is found to be invalid or unenforceable, the remaining sections continue in full force.

These Terms represent the full agreement between you and My Brownie Box regarding your use of our website, products and services.

 

18. GOVERNING LAW & DISPUTES

These Terms are governed by the laws of Queensland, Australia. Any disputes will be handled in Queensland courts.

Should any dispute arise in relation to your visiting mybrowniebox.com.au or to any products you may have purchased through mybrowniebox.com.au it shall be forwarded for private arbitration in Queensland, except that, to the extent that you have in any manner violated or threatened to violate My Brownie Box’s intellectual property rights, My Brownie Box may seek injunctive or other appropriate relief in any state or federal court in the state of Queensland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

19. UNDERSTANDING OUR TERMS & CONDITIONS

Should you the user, not understand, part or all of the terms and conditions of this website, then it is your responsibility to please contact us in writing about such matters otherwise it is deemed that your use of our website mybrowniebox.com.au is fully understood by you and willing to be bound to our latest Terms and Conditions.