Terms and conditions – Online Shopping and Website
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Treat Enterprises Pty Ltd trading as Ribbons and Bows Cakes – ABN: 99 165 399 413
You are: a visitor to Our Website and/or our customer
The terms and conditions
In this agreement:
“Carrier or Carriers” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods or products that we offer for sale on our Website.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5 Unfortunately, we cannot guarantee that Goods advertised on our Website are available.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
2.8 If we owe you money on account of your cancellation, we will credit the same credit card or refund the money to the same payment account from which payment was made (as the case may be) as soon as reasonably practicable but in any event no later than 10 days from the date of cancellation of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 We endeavour to keep our website and prices of Goods updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.3 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4.4 Prices include Australian Goods and Services Tax.
4.5 We accept payment by PayPal, Visa credit card or Afterpay. We do not accept payment by Amex or Diners card.
5 Placing orders and Delivery
5.1 Your order is only finalised when you have completed the checkout process, an order confirmation has been received by you from us and payment is received by us in full.
5.2 Deliveries will be made by our drivers or refrigerated couriers (“Carrier”) instructed by us to the address specified in your order. You must ensure that someone is present to accept delivery.
5.3 If we are unable to deliver your order to the location specified in your order after two calls by our Carrier to the phone number provided in your order, our Carrier will leave the Goods in a safe location at the delivery address (as determined by the Carrier). If the Carrier cannot leave the Goods in a safe location (as determined by our Carrier), the Goods will be returned to our factory for collection by you or your nominated representative. If you require re-delivery of the goods at another time, you must pay a $20 re-delivery fee before the Goods are delivered.
5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5.5 Goods are delivered within the Melbourne Metropolitan area between 9am – 2pm Australian Eastern Standard Time (AEST) from Monday to Friday and 9am – 4pm AEST on Saturdays. We do not deliver on Sundays or public holidays.
5.6 We cannot guarantee the delivery will be made within that time frame selected because of reasons which may be beyond our control. We use our best endeavours to meet your delivery requirement, but due to many external factors no guarantee is given. If you require the Goods before a specified time on a particular date, please order for delivery on the date before.
6 Cancellation of order
6.1 You may cancel your order not less than 24 hrs before the date for delivery of your order. In this case, we will refund to you the price of the Goods. Orders cannot be cancelled less than 24 hrs before the date for delivery.
6.2 If the Goods are made to your specification, you may cancel your order not less than 48 hrs before the date for delivery of your order. In this case, we will refund to you the price of the Goods. Orders cannot be cancelled less than 48 hrs before the date of delivery.
7 Goods returned
7.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Goods, please tell us the reasons for this at the earliest opportunity.
7.2 You must tell us the reasons by email message to email@example.com, that you would like to return the Goods, specifying exactly what Goods where purchased and when such Goods were purchased, and giving full details of the defect or other reason for the return. We will then refund the price paid for the Goods including delivery fee, if any.
7.3 The Goods must be returned to us as soon as any defect is discovered or if you are not satisfied with the Goods.
7.4 So far as possible, the Goods should be returned:
7.4.1 with both goods and all packaging as far as possible in their original condition;
7.4.2 securely wrapped;
7.4.3 including our delivery slip;
7.4.4 at your risk and cost.
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content of our Website may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose;
8.3.2 the truth of any Content on Our Website published by someone other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
8.4 Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Goods you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9 Content and Intellectual Property Rights
9.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content of Our Website whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.3 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content of Our Website, in whole or in part.
9.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10 Your email address
10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to cease using or permitting the use of a particular domain name as part of a name or email address.
11 System Security
11.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
11.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.3 You may not use any software tool for the purpose of extracting data from Our Website.
11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13 Miscellaneous provisions
13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
13.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
13.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13.8 Chocolate plaques or other cake accessories cannot be ordered without ordering a cake.
13.9 Some of our Goods are flourless or nut free. These Goods are made in the same production kitchen as products that contain these ingredients. Therefore, there is a risk of cross contamination and traces of wheat and nuts may be found in the Goods. Whilst we take all reasonable care to follow strict guidelines in making flourless and nut free Goods, cross contamination from products that contain wheat and nuts may occur.
13.10 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.