TERMS AND CONDITIONS

(Effective October 2013)

 

Please read the following Terms and Conditions (hereinafter referred as “T&Cs”) carefully before placing your order with Yummy Cupcakes and Cakes. This agreement is hereby entered into between Yummy Cupcakes and Cakes (hereinafter referred as “Company”) and you (hereinafter referred as “Client”).

 

General

  1. By using “Company” service, “Client” agrees to be legally bound and to abide by these “T&Cs” just as if “Client” has signed this “T&Cs”. “Company” reserves the rights to terminate the service to “Client” immediately if “Client” does not comply and/or continue to comply with the “T&Cs”.
  2. “Client” acknowledges and agrees that “Company” will not be held liable to “Client” or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods supplied to or on behalf of “Client”.
  3. “Company” reserves the right to change this “T&Cs” without notice. “T&Cs” published in “Company” website will always be the latest and will override any prior “T&Cs” provided in any other form.

 

Food Products and Services

  1. Please be aware that “Company” product may/could contain traces of nut. It is the “Client” responsibility to inform their guests that traces of nuts may/could be present in the cake and/or cupcakes. “Company” will not be held responsible for anyone suffering from nuts allergies.
  2. Non edible items may be used as decorations in cakes and/or cupcakes. It is the “Client” responsibility to ensure that any non-edible items are removed prior to consumption.
  3. All effort will be made by “Company” to ensure that the final product is matched to the colour chosen as much as possible however “Company” cannot guarantee to match the exact colour/s and designs chosen.
  4. All effort will be made by “Company” to supply the products agreed upon at the time of booking. However “Company” will not be held responsible if the products are not available as a result of, but not limited to, unavailability, seasonal variation or poor quality. “Company” reserves the rights to use its discretion to supply similar or substitute high quality product under such circumstances and will try where possible to agree this alternative product with the client prior to supply.

 

Equipment Hire

  1. All equipment requires a hire fee (unless specified otherwise by the “Company”) and a holding deposit which will be reimbursed on full to “Client” upon return of the hired equipment.
  2. The holding deposit will not be returned if the equipment is damaged in any way. Damage may be in the form of, but not limited to, cuts, chip, scratch, broken, crack, bent, peeled, dented or discolouration.
  3. All hired equipment must be returned by a specified date or a late fee of $20 per day will apply.

 

Sales

  1. A minimum of two months’ notice is recommended for wedding cake order as “Company” design concepts and revisions may take a week or two. However we will endeavour to try and accommodate any last minute orders.
  2. “Client” may choose to place a one hundred and fifty dollars ($150) non-refundable deposit to reserve the preferred date if the quote and/or design has not been finalised. This deposit will be counted towards the final quote and is deducted from the final invoice.
  3. Sign and return the quote by fax to 02 9150 8235 or email to info@yummycupcakes.com.au as an indication of quote and design acceptance.
  4. Quote is valid for two weeks from the date of issue, unless specifically stated in the quotation. “Company” reserves the rights to re-quote and adjust the price for any quotes after this period.
  5. A further 50% of deposits required upon acceptance of the design and quote and payable within seven days of the date on the invoice. Order is not confirmed until this deposit is received. Exceptions may be granted upon “Company” discretions.
  6. Any changes made to the design and/or quote after acceptance may incur a surcharge.
  7. The remaining 50% balance of the invoice is due in full two weeks before the delivery or pickup date. Exceptions may be granted upon “Company” discretions.
  8. For last minute orders (any orders placed less than two weeks to the delivery or pickup date), full payment is required upon invoice.
  9. Failure in meeting the payment schedule and/or “Company” payment reminders may lead to cancellation of the order.
  10. Preferred payment method is electronic bank transfer. Personal cheque will not be accepted.

 

Cancellation of Order and/or Refunds

  1. The following will apply if for any reason you require the cancellation of cake or goods:
    • All requests for cancellation must be made in writing.
    • All deposits are non-refundable.
  2. In the events when “Company” are unable to supply the order on the agreed date due to unforeseen circumstances (for reasons including, but not limited to, illness, accident, injury, or bereavement), we reserve the right to find substitute companies and/or subcontractors in order to fulfill the order. If “Company” is still unable to fulfill the order, we reserve the right to cancel the order and will provide you with a full refund.

 

Pick Up and Delivery

  1. “Company” will not be held liable for any damages that may occur after the product has been collected or delivered and setup.
  2. When a third-party or contractor is used to deliver and setup the product, “Company” will not be held liable for any damages that occur during delivery transport and setup.
  3. If the incorrect delivery address is supplied or if there is no-one to receive and no safe place (as judged by us) to leave the ordered products, they will be returned to “Company” premises and we will contact you to arrange re-delivery. “Client” may incur an additional fee for a re-delivery.
  4. “Company” will not be held responsible for completing setup at a ceremony or reception venue if the venue is not ready at the pre-agreed time. “Company” will use its discretion to leave the products at the venue (if the venue is willing to complete the setup) or to return the products to “Company” premises for “Client” to arrange pick up.
  5. “Company” delivery fee is based on estimated time required to deliver the product to venue and a ten minute setup time on-site. Should the venue cause excessive delays beyond fifteen minute setup time as a result of, but not limited to, venue not ready to accept the cake due to lack of organisation, venue on-site staff unhelpful or venue not setup ; “Company” reserves the rights to charge the “Client” an additional twenty dollars ($20) for every fifteen minutes block.
  6. “Company” is unable to give a guaranteed time of delivery but will endeavour to deliver at the agreed time.
  7. “Client” agrees that late delivery does not constitute a failure of agreement, and does not entitle “Client” to cancellation or refund of an order.

 

 Client’s Obligation

  1. To read this terms and conditions thoroughly and carefully. By using “Company” service, “Client” agrees to be bound by these terms and conditions.
  2. To Sign and return the quote by fax to 02 9150 8235 or email to info@yummycupcakes.com.au upon quote and design acceptance.
  3. To fill the contact information sheet with complete and accurate details. “Company” will not be held responsible for errors in the product/service which resulted from lack of contact information.
  4. To provide the correct and complete delivery address at the time of ordering. Should “Client” provide the incorrect address, “Company” is not obliged to re-deliver the order to the correct address at “Company” expense.
  5. To follow the payment schedule as set in the quote. “Company” reserves the rights to cancel the order for “Client” who fails to follow the payment schedule.
  6. To notify and ensure the venue is ready at the pre-agreed time to receive the product delivery.
  7. To provide a strong, stable and level cake presentation table at the venue to hold the weight of the cake.