Just Cakes
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Terms & Conditions

General Terms & Conditions

Refund Policy

Refunds are provided as either:

  1. A credit to the store account
  2. Refund by cheque

Credit to the store account

Refunds can be credited to customer’s account balance in our online store. The credit will then be available for the next purchase. When a refund is credited to the customer’s store account, a 100% refund is provided. Remember, refunds are only available if the order is cancelled prior to the minimum order time.

Refund by cheque

If the customer decide they do not want the refund credited to their store account, 80% of the order cost will be refunded by the way of cheque posted to their billing address, provided the order is cancelled prior to the minimum order time.

Order Placement

Customers can place orders up to a maximum of 3 months in advance.

All items have a minimum order time. This is indicated on the shopping cart when the purchase is made. Where multiple items are ordered, the longest minimum order time is applied to the entire order.

See also our dispatch and delivery policy.

Dispatch & Delivery Policy

The orders will be dispatched directly from supplier on the day after the minimum order time.

For orders placed before 2pm Sydney time, the minimum order time starts the following day. Delivery then occurs the day after the minimum order time.

Orders place before 2pm

Example: An order is placed Monday before 2pm Sydney time. The order has a minimum order time of 2 days (in this case Tuesday and Wednesday). Delivery occurs on Thursday.

Orders place after 2pm

Example: An order is placed Monday after 2pm Sydney time. The order has a minimum order time of 2 days (in this case Wednesday and Thursday). Delivery occurs on Friday.

Just Cakes Dispatch and Delivery Policy

Cancellation Policy

Each item (cake/accessory) we sell has a minimum order time. Orders can be cancelled before the minimum order time.

Example: An order has a minimum order time of 4 days. The order is to be ready 31 August 2014. The order can be cancelled up to close of business 26 August 2014.

Just Cakes Cancellation Policy

Use of the website

To register with justcakes.com.au and purchase goods from our Just Cakes website you must be over eighteen years of age. You must ensure that the details provided by you on registration are correct and complete. You must inform us prior to placing an order of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.

We reserve the right to;

  1. decline a new customer registration or suspend a customer's account at any time and at our sole discretion
  2. terminate your access to all or part of the services with or without notice
  3. discontinue the Just Cakes website or services, or any part thereof, at any time, with or without notice

Availability

Goods are subject to availability. If for any reason beyond our reasonable control we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

Pricing, descriptions and product information;

  1. The prices which you must pay for the products that you order are set out on the Website at the time you place your order (plus a delivery charge). Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If a product’s correct price is higher than the price stated on our site, we are under no obligation to supply the product to you at this price and will inform you as soon as possible to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled
  2. The prices quoted on our Just Cakes website apply only to products sold via this website. (I don’t know why you would mention the grocery website – it isn’t mentioned on your Just Cakes website at all)
  3. All prices are shown on our website include GST
  4. Although we will take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Just Cakes website are correct at the time when the information was entered onto the system, the information appearing on the website at any time may not reflect the exact position at the moment you place an order
  5. Please be aware that the colours and appearance of our products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible

Placing an order and order acceptance;

  1. The Order Acknowledgement email and order number are not an order confirmation or order acceptance from us. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched. Our courier partner will make every reasonable effort to contact you to make delivery, but if they are unable to do so then your order will be shipped to one our participating pick up stores you have to pick up form that store. Where you select store pick up at the time of your order then goods are available for collection by you at your nominated collection store

Payment

  1. We charge payment from your card at the time we receive your order. Payment must be made with a valid credit card acceptable to us. The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out
  2. To ensure that your credit is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected
  3. Just Cakes’ gift vouchers and coupons are allowed to be used to purchase goods or services online

Delivery

  1. We deliver to the Sydney metropolitan area only. We cannot deliver outside our specified coverage area. We reserve the right to charge a surcharge to deliver to outside of our normal delivery timings. Some larger items may need to be delivered separately and extra delivery charges apply
  2. Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you (either directly, or where you have used our store pick up service, when the goods are handed to you or your representative at your nominated collection store). When an item has been delivered, risk of damage to, or loss of, the item passes to you
  3. By placing an order you are authorising us to accept signature from another person at the same address on your behalf if you are not present at the time of delivery. Where you use our store pick up service, you authorise us to deliver to any person in possession of your store pick up Order Acknowledgement and who provides suitable documentary evidence of their identity
  4. Just Cakes will be under no liability for any delay or failure to deliver the products within estimated timescales. We exclude liability in contract or tort (except liability for death or personal injury caused by our negligence) for any loss, economic or otherwise incurred by or suffered by you in connection with any provisions included in these Conditions or by your use of our website
  5. It is your responsibility to ensure you or someone’s availability to receive the products at delivery premises before placing your order
  6. It is your responsibility to tell us about any special delivery requirements or access issues when you placing an order to schedule your delivery
  7. If you aren't in for a scheduled delivery we reserve the right to charge you for storage, re-delivery or both
  8. Wherever possible and where customers have provided us with their mobile telephone number, a text message will be sent with delivery updates. Where you have selected our store pick up service we may contact you by phone or by text to remind you that your order is available for collection
  9. Where requested by the delivery driver, products must be inspected upon delivery and refused if any damage is found. Failure to notify us of any visible damage may result in claims not being accepted if the item has been signed for. Damage should be notified to the driver and noted on their delivery pad at the time of refusal. In most cases, any damage issue will be resolved by our Customer Care Team at the point of delivery
  10. Just Cakes will not be liable for any breach of contract due to any matter or thing beyond our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accidents

Intellectual property

  1. The content of the JustCakes.com.au website and database is protected by copyright and other intellectual property rights. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not store any content in electronic for on any server or other storage device connected to a network. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from Just Cakes

Limitations

  1. This website and the retail sites and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement

Indemnity

  1. You agree to indemnify and hold Just Cakes harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via Just Cakes website, or from your use/misuse of the websites or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.

    You must not use the website in any unlawful manner or for any unlawful purpose or attempt to obtain income from the use or provision of our service. Just Cakes will not be liable to you for any losses suffered or costs incurred because.
    • you are unable to use the Website for any reason
    • any content submitted by you is corrupted, damaged, is lost or deleted
    • the service we provide fails to work as expected or is defective and we have not corrected any errors including any incompatibility with any internet service used by you
  2. Just Cakes assumes no liability for any modification, suspension or discontinuance of the service we provide
  3. Just Cakes excludes all liability, so far as is permitted by law, including without limitation, direct, indirect or consequential loss or damages or any loss of profits, loss of revenue, business interruption, loss of data or otherwise
  4. Our liability for losses you suffer as a result of us breaching this Agreement is strictly limited to the purchase price of any products or services you purchase from us

This does not include or limit in any way our liability;

  1. for death or personal injury caused by our negligence
  2. for fraud or fraudulent misrepresentation; or
  3. for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability

This terms and conditions were last updated on 4th October 2014.