By using services on this website, you agree to these terms.
PRIVACY Just as we respect your right to privacy, we would like you, a user of our site, to respect our right to privacy. If you use our Order Form (found here), you must not use either form to send spam or abusive messages. Any and all messages sent to us through either the Query Form and/or the Order Forms must be used for the purposes indicated in the conditions of these forms only.
REPRODUCING CONTENT All text and images in this website are copyrighted, and as such, no content may be reproduced, altered or transmitted without our consent.
We reserve the right to ban users from services in our website. All further communications from any user of our site must cease immediately if requested by us.
We reserve the right to change these terms at any time.
COVID19/PANDEMIC POLICY: ALL DEPOSITS, FULL OR PART PAYMENTS FOR BOOKED CAKES ARE HELD AS SAFE. IF WE CHANGE TO LEVEL 2, 3 OR 4,AND THE FUNCTION IS DELAYED OR CANCELLED, WE DO NOT OFFER REFUNDS AS PER THE FAIR TRADING ACT (DUE TO FORCE MAJEURE CLAUSE BELOW) BUT DO OFFER A FULL CREDIT VOUCHER WHICH CAN BE REDEEMED AT ANY TIME OVER THE FOLLOWING 24 MONTHS AND IS FULLY TRANSFERRABLE TO ANOTHER EVENT OR PERSON IF THE ORIGINAL CUSTOMER GIVES FULL CONSENT.
AUCKLAND CAKE ART TERMS AND CONDITIONS
1. DEPOSITS/HOLDING FEE Deposits are required to “secure the spot” and are required to be paid within 7 days of the quote being sent, with or without changes. Deposits are non refundable and non transferrable, because other orders cannot usually be accepted once the place is reserved. Deposits vary between $50-500 and this cost is not additional to the quoted price of the cake/cupcakes. DEPOSITS/HOLDING FEE is usually paid within 7 days of the quote being sent, this is to “hold the space” so we do not put other orders in that space even if requested. By paying a deposit, you agree to the terms and conditions clearly set out on our website.
CANCELLATIONS/CHANGE OF MIND: In some extreme circumstances Auckland Cake Art may choose to offer a credit note for partial amount of the cost paid, but not 1. within 8 weeks of the date of function, or 2. if details have already been ordered, or 3. accents and work already started. We reserve the right to charge a cancellation fee of up to 100% if the cake has been started and is cancelled at the last minute, or within 8 weeks of the function if we have turned away other orders for this date. REFUNDS under the New Zealand Consumer Protection Act, Retailers can choose not to refund eg ‘no change of mind refunds on pre booked products’. However if a customer cancels for any reason outside of the 8 week exclusion time where a cancellation fee is payable, an exchange or credit note may be given at our discretion (non transferrable) for the full amount paid less the deposit/holding fee. *Auckland Cake Art does not offer cash or account transfer refunds* All credit notes offered have an expiry date and are not transferable.
CONSUMER PROTECTION ACT NZ: Usually once you have agreed on a contract, whether it is for a service to be provided or a credit sale, you are bound by it. If you don’t want to carry on with the contract or you don’t comply with your obligations under the contract, you will be in breach of contract. This can result in a fee or other penalty.
2. CONFIRMATION OF DETAILS INCLUDING CHANGES A full confirmation is usually sent to the customer the same week of pickup (or earlier, if possible). Auckland Cake Art will send a list of details including flavours, size, spelling of text/age, and monies already paid and amount to clear upon pickup, etc so we can ensure everything is correct. By sending this email we reserve the right to assume that everything is correct, unless the customer tells us different. Changes that have been made to the original contract are not set in stone unless this is made very clear at this time, we try very hard to avoid mistakes by writing it all up for agreement at this time, but at times errors can be made. We reserve the right to be human! A time is usually agreed upon for pickups or deliveries at this point. The address, directions and instructions for pickup, travel, and storage is usually sent the day before or day of pickup, confirming the final pickup time, and any monies owing. Cakes are never available before this agreed time.
3. CAKE PORTIONS are an estimation only, and not guaranteed to be exact. Cutting sizes are dependent on the skill of the person cutting the cake. If shortage occurs because cake pieces have been cut larger, then Auckland Cake Art is not responsible nor liable.
4. MODIFICATIONS TO DESIGNS Auckland cake Art reserves the right to change or modify a design, if necessary, and does not plagiarise other decorators designs. Not everything seen on the internet is real or possible (including suspended or gravity defying cakes, and handmade figurines) and not all flavours are able to be made depending on season, availability and humidity.
5. RIGHT OF REFUSAL Auckland Cake Art retains the right to refuse an order because they are unable to do it, cannot fit it in, the deposit has not been made, or we do not wish to proceed for any other reason. We do not refuse orders because of ethnicity, age, gender or religious reasons but retain the right of refusal if the order is not one we wish to accept.
6. LIABILITY Auckland Cake Art is not liable for damage to any cake once the customer has picked it up, or has had it delivered, injury to property nor grievance because of harm caused by eating non edible accessories on cakes, poor handling and storage or allergic reactions (we do not accept orders for allergy-free cakes). Auckland Cake Art does not accept liability for melted, warped, bulging due to heat, cracked or movement damage, including slipping due to angled travel or storage, colour loss/change (due to fading in bright light or similar), insects, animal or human damage.
7. PHOTOGRAPHY we reserve the right to use photography of cakes we have done for further advertising or customers with their cakes.
8. FORCE MAJEURE CLAUSE Auckland Cake Art retains the right of a Force majeure clause which is a set of circumstances that cannot be predicted or avoided, such as illness, loss of life, strike, non-availability of goods/shortage of supply, loss or malfunctions of utilities including electricity and water, fire, floods, earthquake or any other natural Act of God, or man-made catastrophe, terrorist acts , breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties, war, or civil unrest, law or regulation or governmental authority declaring a partial or full lockdown, quarantine, or bank, nor any other reasonable cause that cannot be foreseen that would affect this contract. Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party.
Last updated 30th January 2019