Terms and Conditions
Website Terms and Conditions of Use
20th August 2019
About the Website
- Welcome to teezecakes.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products').
- The Website is operated by Teeze Cakes (ABN 76 143 125 951). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Teeze Cakes. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
- Teeze Cakes reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Teeze Cakes updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You accept the Terms by purchasing online.
- Purchase of Products Online
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
- Payment of the Purchase Price may be made through one of the following third party providers:
- Shopify Payments Powered by Stripe
- Following payment of the Purchase Price being confirmed by Teeze Cakes, you will be issued with a receipt to confirm that the payment has been received and Teeze Cakes may record your purchase details for future use.
- Quotations, Orders & Pre-payments In-Store or via Email
- Quotations issued are valid for 48 hours. After 48 hours, the quotation becomes void, and Teeze Cakes reserves sole discretion to confirm the order thereafter.
- Payment of orders confirmed via email, may be made through one of the following methods:
- Price is required. When a fifty percent (50%) pre-payment is made towards a quotation, the order will become confirmed. Teeze Cakes reserves the right to request Bank Transfer
- Cash In-Store
- To confirm an order, a fifty percent (50%) pre-payment of the total Purchase less than a fifty percent (50%) pre-payment on a case by case basis.
- Following pre-payment of the Purchase Price being confirmed by Teeze Cakes, you will be issued with a receipt to confirm that the payment has been received and Teeze Cakes may record your purchase details for future use.
- If pre-payment is not received within fourteen days of the scheduled pickup or delivery date, Teeze Cakes reserves the right to cancel your order.
- Full payment for wedding cakes are required fourteen days before the scheduled pickup/delivery date. It is your responsibility to finalise full payments as reminder invoices are not issued.
- If full payment for your order has not been received, products will not be released. The items remain the property of Teeze Cakes until full payment is received.
Changes & Cancellations of Orders
- It is your responsibility to read and thoroughly check your quote/order to ensure all products, services and order pickup and delivery dates and times are correct. Any amendments are required to be made in writing.
- If requested, we will endeavour to adjust your order where possible. These requests may not be possible due to the notice period provided and/or nature of request. If the alterations incur additional cost to Teeze Cakes, you will be charged an alteration fee plus an additional margin as determined by Teeze Cakes. If you are unsure on your design, we suggest you do not confirm your order until you are satisfied to elevate additional charges.
- If you postpone, or wish to change the date of your pickup/delivery, your order may be subject to an alteration fee as determined by Teeze Cakes. This is to cover costs including admin costs incurred to administer your order, cost of goods including payments made in advance to suppliers, the cost of losing sales which may have been taken for your scheduled pickup/delivery date, staff wages and additional costs incurred with the production of your order.
- We reserve the right to change the design of your order at any time.
- Most products are handcrafted; therefore your order may have variation from the original design requested.
- If you require cancellation of your order, we ask you provide as much notice as possible. Order cancellation must be made in writing via email or letter. It will take effect from two business days after your request is received, unless responded to in writing earlier.
- If you cancel your order, a cancellation fee of fifty percent (50%) of your order total will be charged. This is to cover: admin costs incurred to administer your order, cost of goods including payments made in advance to suppliers, the cost of losing sales which may have been taken for your scheduled pickup/delivery date, staff wages and additional costs incurred with the production of your order. If your order contains a pre-payment, the pre-payment will be applied to cover the fifty percent (50%) order cancellation fee.
- We reserve the right to cancel your order at any time, usually but not limited to circumstances beyond our control including natural disasters affecting our business operation, which we will refund any payments received towards your order.
- We cannot be held liable for delays to your scheduled pickup time. We recommend your products to be collected four hours in advance from your event commencing.
- We will not be held liable for any damage caused to the products once they have been provided to you at our premises.
- Teeze Cakes may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. Perishable food products are not eligible for a refund. Refunds will not be issued due to change of mind. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Product Information including Dietary & Allergy Information
- Teeze Cakes endeavours to offer products that are nut free, low in gluten and vegan alternatives. All products are produced in a kitchen where gluten, dairy and nuts are present.
- We do our best to eliminate the risk of cross contamination however, we cannot guarantee that each product doesn’t contain nuts, dairy, or is gluten free.
- Our portion recommendations, are a guide only, and portion sizes may differ.
- Hiring of cake stands and accessories require a $50 Australian Dollar bond prior to release. Ensure the cake stand and accessories are returned as soon as possible before the required return date. Any delay in returning the cake stand and accessories will result in a daily charge equivalent to the items RRP (Recommended Retail Price) per day. Once the item is returned in acceptable condition, Teeze Cakes will release the bond. If the item is returned broken or in a worse condition than supplied, Teeze Cakes will retain the bond towards the cost of replacement. You may also be billed for the full replacement cost of the item.
- Teeze Cakes Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
- You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within from the date of purchase (the 'Warranty Period').
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Teeze Cakes showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Teeze Cakes at 3 Donlen Street, MAREEBA, Queensland 4880, Australia or by email at firstname.lastname@example.org.
- Where the Warranty Claim is accepted then Teeze Cakes will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Teeze Cakes and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- Teeze Cakes will deliver purchased services and cannot be held liable for delays to your scheduled delivery time. We recommend your products to be delivered four hours in advance of your event commencing.
- We will not be held liable for any damage that is rendered to our products at the venue, once we have left the premises.
- It is the customers responsibility to ensure the area for the products to be placed onsite are ready and are certified to hold suitable weight for the products.
Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Teeze Cakes are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Teeze Cakes or its contributors.
- Teeze Cakes retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Teeze Cakes; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Teeze Cakes and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- You acknowledge that Teeze Cakes does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Teeze Cakes will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Teeze Cakes we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
- Teeze Cakes total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Teeze Cakes is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Teeze Cakes, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Teeze Cakes is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Teeze Cakes, by third parties or by any of the Purchase Services offered by Teeze Cakes.
- You acknowledge that Teeze Cakes will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill once your purchased product/s leaves our premises.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Teeze Cakes as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Teeze Cakes at any time;
- Teeze Cakes may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Teeze Cakes is required to do so by law;
- the partner with whom Teeze Cakes offered the Purchase Services to you has terminated its relationship with Teeze Cakes or ceased to offer the Purchase Services to you;
- Teeze Cakes is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Teeze Cakes is, in the opinion of Teeze Cakes, no longer commercially viable.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Teeze Cakes have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Teeze Cakes, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- You agree to indemnify Teeze Cakes, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Purchase Services offered by Teeze Cakes is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
-End of Website Terms and Conditions of Use, 20th August 2019-