The Cupcake Parlour Terms and Conditions
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE.
BY USING ‘THECUPCAKEPAROUR.COM.AU’, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.
I. General terms
This website and its content (including all text information, graphic, video, audio, images, design, applications and other elements available) are the property of The Cupcake Parlour Brisbane. Your use of ‘TheCupcakeParlour.com.au’ does not transfer to you any ownership or other rights for this website or its content.
These general conditions of use and sale are applicable for every commercial relation made through the internet website ‘TheCupcakeParlour.com.au’ between the company The Cupcake Parlour Pty Ltd and the author of the order ("the customer").
Except for The Cupcake Parlour written permission, every customer must respect these Terms and Conditions.
The Cupcake Parlour may in its discretion change the content of these Terms and Conditions at any time any without prior notice, the newest modifications will always appear on this website.
II. Permission of use
The access and use of ‘TheCupcakeParlour.com.au’ is restrained to users who are able to enter into legally binding and enforceable contracts. Users of the website must comply with all applicable laws. If you do not respect these Terms and Conditions, you may no longer use this website. The Cupcake Parlour may in its discretion refuse permission to access, and use ‘TheCupcakeParlour.com.au’.
This website is available for your personal non-commercial use only. You may print or download the pages of this website for your personal, non-commercial use, but the modification of any page or other content, and the removal or alteration of any identification is not permitted. Furthermore the copy, imitation, reproduction, upload, modification, or distribution in any way, in whole or in part, of this website's content is not permitted without the prior written consent of The Cupcake Parlour, as well as the sale or the resale of any part of this website or its access.
Links to this website without the written permission of The Cupcake Parlour are strictly prohibited. To request permission to link to ‘TheCupcakeParlour.com.au’, please contact us.
We provide ‘TheCupcakeParlour.com.au’ on an “as is” and “as available” basis, without any warranties or conditions of any kind, whether express or implied. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, phone services, and other equipment and services necessary for you to access and use ‘TheCupcakeParlour.com.au’, as well as scanning for, and preventing, the receipt and transmission of viruses or other destructive or disruptive components; and maintaining your computer system prior to accessing or using this website.
The Cupcake Parlour has no obligation to monitor, screen or police the use of this website, including postings of materials to this website, although The Cupcake Parlour reserves the right to do so in its discretion. The Cupcake Parlour will respond as it considers appropriate if it becomes aware of any inappropriate uses of this website. You may report any claims or concerns regarding this website or its content by sending an e-mail to the following address.
- The following terms and conditions apply to purchases made by an individual consumer over the age of 18 through The Cupcake Parlour Online Store website (The Cupcake Parlour.com.au). By registering as a The Cupcake Parlour customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. Once you have registered as a customer, you are referred to as a “customer”, “you”, “your” or “yourself” for the purposes of this agreement.
- Only individuals that are legally entitled to enter into legally binding and enforceable contracts may register to be a customer and purchase items through this website. A customer must comply with all applicable laws.
- All information submitted by a customer through this website, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
- In order for The Cupcake Parlour to be able to meet its contractual obligations, you must in your order :
- The Cupcake Parlour may use the personal information in the customer database for marketing purposes. By accepting these Terms and Conditions, the customer gives his/her consent for this operation. The customer may, at any time, withdraw his/her consent for such use by contacting The Cupcake Parlour Customer Services.
- In connection with each order placed, the customer must read and accept these Terms and Conditions.
- Each customer must keep his/her username and password and not divulge them to anyone that does not have the right to place an order on the his/her behalf. Passwords must be kept confidential and not shared with any other person. Each customer is solely responsible and liable for any use and misuse of his/her password. If a customer detects any unauthorised use of his/her password he/she must immediately notify The Cupcake Parlour at this address. The Cupcake Parlour has no obligation to verify the actual identity or authority of the user of any password.
- The customer database of The Cupcake Parlour is confidential. The Cupcake Parlour will not divulge any information in the customer database to any non-affiliated third party other than to the extent required by applicable law.
- Each customer has the responsibility to continuously update his/her registered information. If a product is returned due to incorrect registered information, the customer will be charged according to The Cupcake Parlour’s Delivery Policy.
- register your personal information in the customer database of The Cupcake Parlour by providing your e-mail address, your name, your mailing address, and your phone number.
- choose and register a user name and a password.
- give consent for The Cupcake Parlour to store the provided personal information in their customer database.
V. Prices and availability
- The Cupcake Parlour will always strive to provide reliable information on this website but misprints or other errors may still occur. The Cupcake Parlour reserves the right to change information on ‘TheCupcakeParlour.com.au’ at any time and from time to time without any notice or liability to you or any other person.
- Items listed on ‘TheCupcakeParlour.com.au’ are subject to availability, and may not be available when ordered or afterwards.
- For each item presented on this website the binding offer of sale can only be made after you properly completed the order form with the corresponding reference of the item, this will constitute your offer to purchase the item. Your order will be accepted only after receiving from The Cupcake Parlour an acceptance order and shipping notice to your e-mail address.
- Each product's price include the tax (if applicable) but not the shipping cost, and for each order the retained price is the price which is stated on ‘TheCupcakeParlour.com.au’ at the moment of the order. The Cupcake Parlour reserves the right to change prices without any notice or liability.
- Every promotional offer that may appear punctually on ‘TheCupcakeParlour.com.au’ will only be applicable in the limitation of availability of the product, and only for the limited time of the said promotion.
- The prices that appears on ‘TheCupcakeParlour.com.au’ are based on the currency you choose and its change rate with Australian Dollar, so you might notice some price change for each product frequently.
- The shipping charge for deliveries may change depending on the customer's region.
- Unless other arrangements have been agreed in advance, only orders placed through ‘TheCupcakeParlour.com.au’ will be treated.
- All communication between The Cupcake Parlour Online Store and the customer shall be exchanged by e-mail, with the exception of the return of a product by the customer within fourteen days after its reception (shipping cost at the charge of the customer).
- Customer's orders become legally binding only upon order confirmation by e-mail from The Cupcake Parlour containing the recap of the order : reference of the order, address of destination, reference and quantity of the ordered items, payment method, total amount to pay for the order and shipping cost, if any. All orders are accepted subject to availability of products.
- Inquiries about orders and other information should be sent by e-mail to Customer Services at the following address.
- Customer has the right to cancel the entire or parts of the order by phone before order is placed.
- The Cupcake Parlour may cancel or refuse at his discretion any order from a customer with whom a dispute concerning the payment of a precedent order has been recorded.
VII. Payment Terms
- All the payments must be made in totality and in advance when an order is placed.
- If payment is made by credit card, the customer must provide the card number, expiry date, and all the other necessary data. The customer is obliged to keep sufficient funds available on his accounts until The Cupcake Parlour has received the full payment. If there are insufficient funds, or if the payment for any reason is rejected, The Cupcake Parlour has the right to cancel the order.
- Every product will remain the property of The Cupcake Parlour until the full amount for the order has been paid and received by The Cupcake Parlour.
- An e-mail of confirmation of an order will be sent by The Cupcake Parlour as soon as the parcel containing the customer's order will be dispatched.
- Delivery is normally made by us only for specific suburbs. If a customer wants to use different delivery method or timing, please contact us.
- If the expected delivery time is suspected to be longer than stated, The Cupcake Parlour will, as early as possible, will inform the customer, in which case he/she will have the right to cancel the order by e-mail or phone.
- During transport to the customer, The Cupcake Parlour will be liable for any damage to the product. However, during transport from the customer to The Cupcake Parlour, in the case of the return of an item, the customer will be liable for any damage made to the product.
- If the customer does not collect the package containing the ordered item once it has been sent, or the said package is returned due to wrong registered information, The Cupcake Parlour will charge the customer for all shipping costs concerning the consignment, as well as all import and duty charges, if any, as compensation for handling and expenses.
- The customer has the right to return a delivered product, in such case, he/she must inform The Cupcake Parlour within fourteen days from the date the he/she received the product. Return postage and shipping costs are in the charge of the customer.
- The right of return does not apply to parcels that have not been collected by the customer, package registered with wrong information (according to the last point in the Delivery section above), and products with broken seals.
- Each notification of return must include the following information:
- Each return of a product must be accompanied with a return number and a return address, both given by The Cupcake Parlour Customer Services.
- All returned products must be unused and undamaged (unless the product has been damaged or altered due to reasons that cannot be attributed to the customer).
- In the case the customer returns a product, The Cupcake Parlour will as soon as possible (within sixty days), reimburse the customer for the amount he/she has paid for the product, less the delivery cost which is non-refundable. These sixty days are counted from the date The Cupcake Parlour received and processed the product returned by the customer.
- the order number, if applicable.
- the invoice number, if applicable.
- the title or titles of the products the customer wishes to return.
- If the customer receives a different product than the one ordered, or if the product received is damaged for reasons not attributed to the customer, he/she must immediately make a complaint to The Cupcake Parlour services and specify the problem. Faulty product may in these circumstances be returned in accordance with the instructions supplied by The Cupcake Parlour, and the customer will not be charged any return delivery charges. Each return must beforehand make the object of a complaint and the customer must have received the instruction for the refund by The Cupcake Parlour, if a product is received at The Cupcake Parlour without a complaint been recorded the product will not be accepted.
- In the event of a complaint, it can be made by e-mail to The Cupcake Parlour's Customer Services, or by letter to The Cupcake Parlour's postal address.
In addition to the information stated above, The Cupcake Parlour will not be responsible for any defects and/or delays, and shall not be liable for any damage, either direct or indirect. Regardless of the nature of a possible claim or the reasons for the loss and damages, The Cupcake Parlour’s liability is limited to foreseeable and direct damages only. The Cupcake Parlour will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or not), loss of markets or economic loss, whether in contract or under any other theory of law or equity related to your use or any other person's use of ‘TheCupcakeParlour.com.au’. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
XII. Changes to Terms and Conditions
- The Cupcake Parlour may, in its discretion, change, supplement, or modify these Terms and Conditions in relation of the future use of ‘TheCupcakeParlour.com.au’ without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on this website. You may not change, supplement, or amend these Terms and Conditions in any manner. For each use of ‘TheCupcakeParlour.com.au’, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions.
- Once an order have been placed by a customer, The Cupcake Parlour will not alter the Terms and Conditions for that particular order.
- The Cupcake Parlour may, in its discretion, change, suspend or terminate (temporarily or permanently) ‘TheCupcakeParlour.com.au’ or any part of it at any time, for any reason, without any notice or liability to you or any other person.
- Other product, company names and logos appearing on ‘TheCupcakeParlour.com.au’ may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on this website, except as expressly provided in these Terms and Conditions, is strictly prohibited.
- ‘TheCupcakeParlour.com.au’ may include advertisements or links to other websites or resources and businesses operated by other persons (referred as “Other Sites”). Those Other Sites are independent from The Cupcake Parlour, The Cupcake Parlour has no responsibility or liability or control over those Other Sites, their business, goods, services, or content. Links to those Other Sites are provided solely for your convenience. Your use of those Other Sites shall not be the object of any claim against The Cupcake Parlour.
- Any rights not expressly granted in these Terms and Conditions are reserved to The Cupcake Parlour.