LEGALTERMS and CONDITIONS
1. Acceptance of Terms
By placing an order with us, you agree to these Terms and Conditions, which constitute a legal agreement between you and our Business.
2. Order Process
When you place an order with us, you agree to provide accurate and complete information about your desired design and any dietary requirements. We reserve the right to cancel or refuse any order for any reason.
3. Pricing and Payment
All prices for orders are provided upon request and are subject to change without notice. A non-refundable deposit of 50% is due at the time of order, with the remaining balance due 7 days prior to the event. Payment transaction fees, including those charged by credit card companies or other payment processors, are the responsibility of the customer and may be added to the total balance due. A late booking fee of 15% of the total order value may apply to orders placed less than 7 days in advance of the desired delivery or pickup date. We reserve the right to cancel any order if payment is not received.
4. Quotes
All quotes are valid for 14 days from the date of issue and are subject to availability. The business reserves the right to change prices without notice but will honour any quotes issued within the 14-day validity period.
5. Order Changes and Cancellations
Changes or cancellations to orders must be made at least 14 days prior to the scheduled delivery or pickup date. Any changes or cancellations made after this time may be subject to a change fee of 15% of the total order value. We reserve the right to cancel any order if changes or cancellations are made within 14 days of the scheduled delivery or pickup date. In the event that we are unable to fulfill an order due to unforeseen circumstances, we will notify the customer as soon as possible and provide a full refund of any payments made.
6. Design and Approval
We will work with you to create a design based on your specifications. We may provide sketches or digital mock-ups of the design for your approval. Once the design is approved, any changes may result in additional fees.
7. Delivery or Pickup
We offer delivery or pickup services for orders. Please note that delivery times are not guaranteed and may be affected by unforeseen circumstances. If the recipient is not available at the specified delivery address, we will attempt to contact them and arrange for re-delivery or pickup. Additional fees may apply for re-delivery or changes to delivery location.
Customers are responsible for picking up their order at the agreed-upon date and time. We will make every effort to ensure that the order is ready for pickup at the specified time. If the customer is unable to pick up the order at the agreed-upon time, please notify us as soon as possible so that we can make alternative arrangements. If the customer fails to pick up their order within 2 hours of the agreed-upon time, the business reserves the right to dispose of the order and no refund will be given.
If the customer is unable to pick up the order themselves, they may authorise someone else to pick it up on their behalf. However, we must be notified of this arrangement in advance, and the person picking up the order must provide valid identification and proof of purchase. Customers are responsible for transporting the order safely and securely, and we cannot be held liable for any damages that occur during transportation. We recommend transporting the order on a flat surface in a cool, air-conditioned vehicle.
If you have any questions or concerns regarding the pickup of your order, please contact us as soon as possible so that we can assist you.
8. Dietary Requirements and Allergies
We offer products to meet certain dietary requirements and allergies. Please inform us of any dietary restrictions or allergies when placing your order. While we take every precaution to prevent cross-contamination, we cannot guarantee that our products are completely free from allergens.
9. Serving Size
All Occasion Cakes specifies serving sizes for our cakes based on coffee or dessert size portions. Coffee size portions are measured as two fingers width, while dessert size portions are measured as four fingers width.
The client must ensure that the cake is cut according to the agreed-upon serving size to prevent any shortage of cake. All Occasion Cakes will not be held responsible if a cake shortage occurs due to pieces being cut larger than the specified measurements.
10. Non-Edible Components
All Occasion Cakes may use non-edible components such as skewers, wires, ribbons, or non-edible decorations as part of the products design. These non-edible components will be clearly marked, and the client will be informed prior to the cake being prepared.
All Occasion Cakes is not responsible for any harm caused by the consumption of non-edible components or accessories used in the products design. The client is responsible for removing any non-edible components before serving the cake to guests.
All Occasion Cakes is not liable for any damage to the cake, property damage, guest injury, or harm caused by non-edible components or accessories that have been specified by the client, including flower choices that may contain poison, pesticides, or dirt.
11. Intellectual Property
All designs created by us are the property of our company and are protected by copyright and other intellectual property laws. You may not use any products design created by us without our express written consent.
12. Refunds and Warranty
We take great care in preparing our orders using high-quality ingredients and adhere to strict food safety standards. However, if you are not satisfied with the quality of your order, please contact us within 24 hours of receiving your order and provide a detailed explanation of the issue. We may, at our discretion, offer a replacement or refund of the purchase price.
Under New South Wales law, we are not required to provide a refund or replacement if you simply change your mind or make an incorrect decision about the product. However, if the order is faulty or does not meet the consumer guarantees under the Australian Consumer Law, you may be entitled to a refund, replacement, or compensation.
In the event that a refund is approved, we will process the refund within 5 business days of receiving the returned product. Any refund will be made using the same payment method used for the original purchase.
Please note that we are not responsible for any damages or issues that arise from the improper handling or storage of our products after they are delivered or picked up. It is the customer's responsibility to store the products properly and to consume it within the recommended timeframe.
Under New South Wales law, we are required to provide a warranty that our food-based products are safe and fit for human consumption. If you have any concerns regarding the safety or quality of your order, please contact us immediately.
13. Liability
All Occasion Cakes takes every measure to ensure that our orders are made with the highest quality ingredients and are designed and constructed with care. However, we cannot be held responsible for any damage that occurs to the product after it has been collected by the client or the client’s representative.
In the unlikely event that there is an issue with the order, the client must notify All Occasion Cakes immediately upon collection. All Occasion Cakes may offer to repair any damage to the product, however, this will be subject to an additional fee.
All Occasion Cakes cannot be held responsible for any delays or failure to deliver the order due to circumstances beyond our control, such as traffic, accidents, weather conditions, or any other unforeseen event.
All Occasion Cakes shall not be liable for any indirect, special, incidental or consequential damages arising from the performance or non-performance of this Agreement or the sale of the order.
In any event, the maximum liability of All Occasion Cakes shall not exceed the total value of the order ordered by the client.
All Occasion Cakes is not liable for any harm or injury caused by consuming the product, including any allergic reactions, as it is the client's responsibility to notify their guests of any possible allergens and to ensure the safety of their guests.
By placing an order with All Occasion Cakes, the client agrees to release and hold harmless All Occasion Cakes, its employees, agents, and contractors from any and all claims, demands, damages, or causes of action arising out of or in connection with the performance or non-performance of this Agreement or the sale of the product.
14. Governing Law
These terms and conditions are governed by the laws of New South Wales, Australia. Any dispute arising from these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.
15. Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time without notice. Your continued use of our services after any such changes constitutes your acceptance of the revised Terms and Conditions.
16. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at info@alloccasioncakes.com.au