Terms & Conditions
1. GENERAL TERMS AND CONDITIONS
I. This website is owned and operated by Cupcakes Delivered Pty Ltd. ABN: 17160323946
II. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
III. Cupcakes Delivered may amend these terms and conditions from time to time. Any amendment is effective immediately.
I. Prior to checkout Cupcakes Delivered agrees to display the delivery fee.
Delivery Dates and Times
I. Cupcakes Delivered do not guarantee to deliver cupcakes on selected delivery date but endeavor to deliver on or as close to the selected delivery date as possible. Cupcakes Delivered do not specify the time of day that cupcakes will be delivered.
II. Cupcakes Delivered cannot guarantee multiple packages ordered at the same time will arrive together.
Saturday, Sunday and Public Holiday Deliveries
I. Deliveries on Saturdays, Sundays and public holidays are not available, except when stated otherwise.
Special Events Deliveries
I. Cupcakes Delivered sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
II. Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.
Deliveries in Transit
I. Proof of Delivery (POD) times are available upon request.
II. Cupcakes Delivered goods are dispatched with third party couriers.
III. Cupcakes Delivered takes no responsibility for delays associated with the third party courier actions.
IV. In the event that the goods are dispatched and the recipient is not available to accept delivery, goods will be left on doorstep or delivered to the closest Australia Post Office in which case a notice will be left. Cupcakes Delivered take no responsibility for goods after first attempt of delivery has been made.
V. Cupcakes Delivered uses reputable third party contract couriers. Whilst every care is taken to ensure accurate and safe delivery, Cupcakes Delivered cannot guarantee against unforeseen circumstances such as damage or delay that results in a parcel not arriving at a certain time or place.
For business, school and hospital addresses, Cupcakes Delivered accepts no responsibility for delivered items that are redirected to the mailroom, front desk, reception, post office or elsewhere.
Product may contain traces of dairy. It is the customer’s responsibility to inform anyone that consumes the cupcakes that they have purchased through Cupcakes Delivered that traces of dairy may present in the cupcakes. For a full list of product ingredients, please refer to ‘Ingredients & Nutritional Information’ section onwww.cupcakesdelivered.com.au.It is the customer’s responsibility to ensure that any non-edible items are removed prior to consumption.
4. CUSTOMER OBLIGATIONS
I. Customers must supply Cupcakes Delivered with a valid contact email and phone number
II. Cupcakes Delivered accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
I. It is the obligation of the customer to ensure the recipient’s delivery address is correct.
II. Failure to provide the correct delivery details may result in incorrectly delivered goods or undelivered goods without compensation.
III. Cupcakes Delivered accepts no liability for incorrectly delivered or undelivered goods.
IV. Cupcakes Delivered does not deliver to PO boxes.
Recipient Details and Personalised Messages
I. The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Cupcakes Delivered accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.
II. Cupcakes Delivered accepts no responsibility for incorrect spelling, grammar or formatting on the personalized message of purchased greeting cards.
5. ALTERATIONS AND AMENDMENTS TO ORDERS
I. Cupcakes Delivered may not accept cancellations or guarantee facilitating amendments to orders.
II. Any alterations, or amendments are accepted at the discretion of Cupcakes Delivered.
III. If Cupcakes Delivered agrees to accept the alteration, amendment or request, the Customer must pay for any additional fees and charges incurred.
V. No cash or credit refunds will be made.
VI. Cupcakes Delivered reserves the right to refuse alterations and amendments.
VII. If Cupcakes Delivered does approve the cancellation of an order, there will be a cancellation charge to the customer of 50% of the total order value. This payment will be due 7 days after the cancellation has been agreed to.
6. COMPLAINT POLICIES
I. Any dissatisfaction with the product(s) must be communicated to Customer Service team within three (3) days of delivery via the email@example.com email address. Cupcakes Delivered accepts no responsibility for dissatisfaction with taste of product.
II. Cupcakes Delivered reserves the right to request photos of the original product(s) and/or to collect the original products.
7. ACCEPTANCE OF TERMS AND CONDITIONS
By ticking the ‘I have read and agree to the terms and conditions’ button during the checkout process I confirm that I have read and accept these terms and conditions in full.
8. PRODUCT RANGE
I. Cupcakes Delivered products are not available to all locations. Delivery postcodes and suburbs available for selection in our order process are those that are available for delivery. Postcodes and suburbs not listed are unavailable for delivery.
Substitution and Seasonal Availability Disclaimer
I. Cupcakes Delivered endeavours to fulfill orders in compliance with product selection, however orders may be subject to product availability and therefore Cupcakes Delivered reserves the right to substitute products and items with items of a similar value.
Photography and Products
Cupcakes Delivered endeavours to ensure that descriptions and pictures of the products displayed on the website are a true and accurate reflection, however these descriptions and pictures may vary from the actual products provided, and for the avoidance of doubt shall not form a part of any contract with Cupcakes Delivered. Products shown on the Cupcakes Delivered website are represented as accurately as possible. Slight variations may exist in receiving the actual product. For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product.
9. PRICING AND TRANSACTIONS
I. All prices quoted, unless otherwise stated, are inclusive of GST.
II. All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
III. Product prices do not include delivery fees.
IV. In the event a customer is entitled to a refund, the refund will be made to the original credit card.
I. Discounts apply to the product value and exclude the delivery charge.
II. Discounts may not be combined with any other offers, discounts or gift vouchers.
III. Discounts may not be redeemed for cash, credit or transferred.
IV. Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalization.
V. Discounts will not be applied to an order after payment has been made.
VI. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, 'the discount'.
11. GIFT VOUCHERS
I. The voucher is redeemable by the bearer for Cupcakes Delivered merchandise to the value stated on the front of the voucher.
II. The voucher may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.
III. A minimum purchase value as stated on the gift voucher is applicable. The minimum purchase value is exclusive of delivery fees.
IV. The voucher is valid for deliveries made within the specified Cupcakes Delivered Australia delivery network only.
V. The voucher cannot be used in conjunction with any other promotion, discount or certificate offer. Only one discount will apply per order and it will be the larger discount of the two (or more) offers.
VI. Limit of one voucher per order applies.
VII. Cupcakes Delivered is not responsible or liable for vouchers that are lost or stolen.
VIII. Gift vouchers must be redeemed on the Cupcakes Delivered website.
IX. Partial deductions in the value of a gift voucher are not allowed.
X. Cupcakes Delivered will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.
XI. The value of gift vouchers cannot be applied after the transaction has already been processed and completed. If forgotten, the voucher must be saved and used towards your next purchase.
XII. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of Cupcakes Delivered to resolve.
12. SECURITY AND PRIVACY
Collection and Use of Information
I. Cupcakes Delivered collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for Cupcakes Delivered to fulfill an obligation.
II. Personal data includes, but is not limited to: the full name of the customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
III. Cupcakes Delivered does not keep records of customer credit card details.
IV. For customer security, your IP address has been logged and will be recorded with your purchase details.
Disclosure of Information
I. Cupcakes Delivered may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other obligations, such as prize-giving or sponsorships.
II. Cupcakes Delivered will not disclose personal information to third parties for marketing purposes without prior authorisation.
III. Under no circumstances will Cupcakes Delivered sell or receive payments or services for disclosing customer's personal information to any partner or external company.
Sender Anonymity and Disclosure
I. Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
II. Cupcakes Delivered will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.
I. Cupcakes Delivered websites utilise cookies to store information of browsing history and to enable browsing features. Cupcakes Delivered do not store any personal or financial information about customer-used cookies.
I. Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
II. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.
I. Any party engaged in illegal activities involving the use of Cupcakes Delivered websites will be subject to civil and criminal sanctions and prosecution.
II. Cupcakes Delivered does not guarantee that it will be able to prevent any illegal or inappropriate use of its websites, nor that it will give notice of any illegal or inappropriate use of its websites.
III. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.
14. GOVERNING LAW
I. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
II. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
III. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.
15. THIRD PARTY SITES
I. Websites operated by Cupcakes Delivered may provide links to related third party sites. Cupcakes Delivered is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.
16. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
I. All material on websites owned, operated, licensed or controlled by Cupcakes Delivered, including but not limited to illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Cupcakes Delivered its related companies or by other parties that have licensed their material to Cupcakes Delivered.
II. Material on any website owned, operated, licensed or controlled by Cupcakes Delivered is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Cupcakes Delivered.
III. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Cupcakes Delivered copyrights, trademarks and proprietary rights and is prohibited.
17. FORCE MAJEURE
I. Cupcakes Delivered is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Cupcakes Delivered control.
18. CORPORATE / CUSTOMIZED ORDERS
I. In the event that Cupcakes Delivered is fulfilling a customized order with an image provided by the customer, you have also granted us permission to re-print your image for promotional purposes on the Cupcakes Delivered product. This verifies that you have the authority and permission to provide us with the image and accept all responsibility for Cupcakes Delivered re-printing or reproducing the image on any cupcakes product. This includes company, brand or product logos.
I. Cupcakes Delivered will use reasonable care and skill in providing information about its goods, products and services, whether by way of this website or via any social media platform controlled by Cupcakes Delivered, as well as by phone, email, in person or by any other means, however you acknowledge that using any of this information is at your own risk and that Cupcakes Delivered shall not be liable for your use of that information.
II. It is your responsibility to ensure that all goods, products, services and information ordered or used by you meet your specific requirements.
III. Cupcakes Delivered acknowledges that, under applicable State, Territory and Commonwealth laws, certain conditions and warranties may be implied into these terms and conditions and that there may be rights and remedies conferred upon you or other parties in relation to the goods or products which cannot be excluded, restricted or modified by agreement (Non Excludable Rights).
IV. Cupcakes Delivered disclaims or expressly excludes all warranties expressed or implied and all rights and remedies conferred on you or other parties, by statute, common law, equity, trade, custom or usage or otherwise from these terms and conditions other than any Non Excludable Rights.
V. Cupcakes Delivered’s liability is expressly limited to liability to pay you an amount equal to:
a. The cost of replacing the goods or products; or
b. The cost of obtaining equivalent goods or products, whichever is the lowest amount.
VI. Where so permitted the liability of Cupcakes Delivered for a breach of a Non Excludable Right is limited, at Cupcakes Delivered’s option, in the case of goods or products to the replacement of the goods or products or the supply of equivalent goods or products or the cost of replacing the goods or products or of acquiring equivalent goods or products.
VII. As food grade inks are used when reproducing logos or images, colours may vary. Cupcakes Delivered does not guarantee an exact PMS match and does not take responsibility for any colour variances.
20. INDIRECT LOSS
I. In no event shall Cupcakes Delivered be liable (whether before or after discharge of these terms and conditions or otherwise) for any loss or damage to you howsoever arising including any loss or damage arising from or caused or contributed to by negligence by Cupcakes Delivered, its services or agents, nor shall Cupcakes Delivered be liable for special, incidental, indirect or consequential, or economic loss or damage suffered by the customer as a result of a breach by Cupcakes Delivered of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.
I. You shall indemnity and keep indemnified and hold Cupcakes Delivered harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Cupcakes Delivered, and from and against all actions, proceedings, claims or demands made against Cupcakes Delivered, arising from one or more of the following:
a. As a result of your failure to comply with any laws, rules, standards or regulations applicable in relation to the goods or products or the use of the goods or products;
b. As a result of any other negligence, breach of contract or other breach of duty by you;
c. As a result of Cupcakes Delivered adhering to instructions that you have given Cupcakes Delivered about the goods or products.