Terms and Conditions
This website is owned and operated by Cakes2U. ABN: 61 038 297 250. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers. Cakes2U may amend these terms and conditions from time to time. Any amendment is effective immediately.
- At checkout, Cakes2U will quote and/or display any applicable Delivery Fee and any applicable Under Minimum Order fee.
- A delivery fee may apply to some suburbs within our free delivery area if the order is placed on the day delivery is to be made (Same Day Delivery).
- Cakes2U delivers within, but is not limited to, the following delivery time slots. Monday to Friday morning (8am-12pm), Saturday morning (7am-12pm) & Monday to Friday afternoon (11am-3pm).
- The required time selected by the customer is the latest the delivery can be made. Delivery will be made between 8am (weekdays) or 7am (Saturdays) and the selected function time.
- For orders received via email or LiveChat where a delivery time has not been or is unable to be specified, a delivery time of 12pm will be selected by default.
- Deliveries on Sundays, public holidays and long weekends (including Saturday) are not available, except when stated otherwise.
- For residential addresses, if our driver deems a delivery location unsafe, the order will be returned to Cakes2U and redelivery fees will apply.
- For business, school and hospital addresses, Cakes2U accepts no responsibility for deliveries redirected to the mailroom, front desk or reception.
- Cakes2U cannot guarantee delivery prior to 12pm to an address outside our free delivery area. Please call or email Cakes2U for clarification.
- Cakes2U serving suggestions (number of serves) are based on an ‘Office Slice’.
- An ‘Office Slice’ is a size between a ‘Cafe Slice’ (a larger portion commonly shared between 2 people at a cafe) and a ‘Wedding Slice’ (a smaller portion or ‘finger’ served at weddings).
- Cakes2U is confident the ‘Office Slice’ is substantial enough to satisfy the majority of our customers in most situations in which the cake will be presented. However, we urge our customers to consider the appropriateness of the size of the cake to their individual/unique situation. Cakes2U would like to limit its responsibility with regard to size to a suggestion, not a statement of fact.
- Please contact Cakes2U by way of LiveChat, email or phone with any queries or concerns relating to portion size prior to considering any of our products.
- Customers must supply Cakes2U with a valid phone number and contact email. Cakes2U accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
- It is the obligation of the customer to ensure they check their invoice and confirm the name and address details of the recipient are complete and correct and that the recipient will be in attendance at the address at the time of delivery. Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees.
- The customer should ensure that their personalised message is written to their satisfaction. Cakes2U accepts no responsibility for incorrect spelling, grammar or formatting.
Alterations or Amendments
Alterations or amendments (including cancellations) for orders that have already been prepared and/or in transit are limited. Cakes2U reserves the right to refuse alterations and amendments. Please call or email Cakes2U to discuss your options.
- Cancelled orders are automatically refunded and the funds will be back in your account within 2-7 business days, depending on your bank.
- Sometimes orders are cancelled before we have captured your funds, which means that your bank will hold the transaction in a pending status before it drops back into your account. In these situations the funds won’t show up as a refund, but rather the original charge will disappear entirely off your statement within 2-10 business days.
Important Note: If the refund has not been received by you, the cardholder after this time, we recommend that you contact your card issuer for more information.
We will endeavour to ensure your order is delivered in perfect condition. If our service or product does not meet reasonable expectations we will gladly arrange a replacement or refund. We reserve the right to request photos of the original product/s. To assist us in quality control it is our policy, if requested by us, to collect the original products.
Pricing and transactions
- All prices quoted are inclusive of GST and in Australian Dollars (AUD). Product prices do not include any applicable Delivery Fees or Under Minimum Order Fees. In the event a customer is entitled to a refund, the refund will be made to the original credit card account or in the case of account customers, a credit applied to their account. We will email confirming the refund transaction.
- We accept payment by Visa, Mastercard, American Express and Diners Club credit cards. When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
- We accept payment by cash upon delivery however must be alerted to this upon taking your order if change is required.
- The certificate is redeemable by the bearer for Cakes2U merchandise to the value stated on the front of the certificate. The certificate 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 certificates or discounts.
- The certificate 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.
- Limit of one certificate per order applies.
- Cakes2U is not responsible or liable for certificates that are lost or stolen.
- Certificates may only be redeemed on the Cakes2U website, or over the phone on 02 8866 2820.
- Cakes U will not redeem a certificate if our records indicate that it has already been redeemed or has not been issued.
- The certificate cannot be applied after your transaction has already been processed and completed. If forgotten, the certificate must be saved and used towards your next purchase.
- Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate is at the discretion of Cakes2U to resolve.
Collection and Use of Information
- Cakes2U 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 Cakes2U to fulfil an obligation.
- 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.
- Cakes2U does not keep records of customer credit card details.
- For customer security, your IP address has been logged and will be recorded with your purchase details.
Disclosure of Information
- Cakes2U 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.
- Cakes2U will not disclose personal information to third parties for marketing purposes without prior authorisation.
- Under no circumstances will Cakes2U sell or receive payments or services for disclosing customer’s personal information to any partner or external company.
Sender Anonymity and Disclosure
Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction. HOWEVER, Cakes2U reserves the right to request and subsequently disclose sender/customer information to a recipient in the event the recipient requires such information due to the nature of the goods being delivered being food to be consumed.
The Cakes2U website utilises cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.
- Customers can elect to receive promotional material by creating an account and opting to receive plain text or HTML emails.
- 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.
- Any party engaged in illegal activities involving the use of the Cakes2U website will be subject to civil and criminal sanctions and prosecution.
- Cakes2U does not guarantee that it will be able to prevent any illegal or inappropriate use of its website, nor that it will give notice of any illegal or inappropriate use of its website.
- 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.
- The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
- Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
- 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
Third Party Sites
The Cakes2U website may provide links to related third party sites. Cakes2U 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.
Trademarks, copyrights and restrictions
- All material on the Cakes2U website is owned, operated, licensed or controlled by Cakes2U, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Cakes2U or by other parties that have licensed their material to Cakes2U.
- Material on the Cakes2U website owned, operated, licensed or controlled by Cakes2U 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 Cakes2U.
- 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 Cakes2U copyrights, trademarks and proprietary rights and is prohibited.
Cakes2U 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 Cakes2U’s control.