Terms and Conditions

Cakes By Hannah Order Terms and Conditions

You/Your = Customer/client

Me/My = Cakes by Hannah

FINALISATION OF ORDER & PAYMENTS:

1. An email containing the formal quote for cake design, portions, flavour and price will be finalised with you and an invoice will be issued once you have agreed to the details stated in the email exchange along with the terms & conditions.

2. A 50% non-refundable deposit is required at time of order to solidify your booking. The balance must be paid 3 days prior to cake collection. You will be provided with an invoice for both payments via email.

3. If full payment is not made on the balance owing date, Cakes by Hannah reserves the right to cancel your booking and no refund will be issued.

4. A Quote is only valid for 30 days.

FULFILLMENT OF CONTRACT:

1. Cakes by Hannah is not responsible for any delay or inability to deliver based on accidents, natural disasters, transportation issues, weather, delay in supplies, disputes or strikes, or any other circumstances beyond Cakes by Hannah’s control.

2. Cakes by Hannah are not responsible for any damage to the cake after setup is complete. You are responsible for providing an appropriate and secure table and environment for the cake(s). Cakes are heavy and require a sturdy table, and optimal room temperature of 23 degrees Celsius or below.

3. If flowers are provided by an outside source, we will place them for an additional fee. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants.

4. If you or your representative collects the cake, Cakes by Hannah no longer assumes any responsibility for damage caused to it.

5. Cakes by Hannah does not take any responsibility for damage caused to the cake once exchanged with you.

COLLECTION:

1. Collection date and time will be stated on the invoice.

2. If the order is not collected within the given collection time frame Cakes by Hannah cannot guarantee they will be available for collection outside this time frame.

3. If you are unable to make the time frame or are running late please contact Cakes by Hannah at the earliest opportunity to arrange another time frame. 

5. In the unlikely event that you do not collect your order on the date and time of collection stated on the invoice, Cakes by Hannah will attempt to contact you 3 times on that date. If you do not reply, Cakes by Hannah has the right to advise that the order will be resold/donate the next day to someone else and no refund will be provided.

CANCELLATIONS / REFUNDS:

1. The 50% deposit is non-refundable if you cancel your booking within 2 weeks of your event date for any reason.

2. Cancellations within 2 days of your event date at which time full payment has been made no refund will be provided.

3. All cancellations must be made in writing by emailing cakesby@outlook.com.au or via Facebook DM. Refunds will be applied by the same method in which they were paid.

4. In the unlikely event that Cakes by Hannah is unable to fulfil the order for reasons including, but not limited to, illness, accident or injury, Cakes by Hannah reserves the right to cancel the order and will refund all monies paid by you relative to the order with no further compensation to be payable to you. Cakes by Hannah will endeavour to help find a suitable replacement company for your order but is only subject to their availability and their costs may differ.

5. In the unlikely event that you do not collect your order on the date and time of collection stated on the invoice, Cakes by Hannah will attempt to contact you 3 times on that date. If you do not reply, Cakes by Hannah has the right to advise that the order will be resold/donate the next day to someone else and no refund will be provided.

CHANGES TO YOUR ORDER OR EVENT DATE:

1. Changes will not be accepted within 7 days of booking date.

2. Changes outside of 7 days of event date may be accepted depending on the extent of the change; Changes may incur an additional charge and Cakes by Hannah will add any additional costs to the balance of the invoice once agreed upon with you.

3. Please get in touch with Cakes by Hannah via email on cakesbyh@outlook.com.au or via Facebook DM if you need to change the date of your event. These date changes will be considered on a case-by-case basis depending on availability.

DESIGN OF CAKE:

1. Cakes by Hannah will follow your requests closely to create the cake desired as discussed and agreed to in the email exchange at the time of booking.

2. Cakes by Hannah cannot duplicate an exact copy of another cake artist’s work but will ensure the look is similar.

3. If the client gives Cakes by Hannah creative control of the cake, Cakes by Hannah does not take any responsibility for any dissatisfaction of the cake design. Every measure will be taken to discuss design elements with you at time of booking. A refund will not be issued in circumstances where creative control has been given.

SERVING & AMOUNT SIZES:

1. The serving size is as per the agreed portions discussed and agreed to in the email exchange at time of booking.

2. Serving size estimations are not guaranteed to be exact.

3. Cakes by Hannah is not responsible for a shortage of cake if the pieces are cut too large.

FOOD ALLERGY DISCLOSURE:

1. Cakes by Hannah’s baked goods are made on premises that may contain traces of milk, eggs, wheat, soybean, peanuts and tree nuts, and therefore is unable to offer cakes for specific allergy requirements.

2. You are responsible for pointing out to guests potential allergy hazards.

PHOTOGRAPHS:

1. Cakes by Hannah reserves the right to use all photographs of the cake for promotional purposes.

Website Usage Terms and Conditions

Welcome to Cakes by Hannah, an Australian website operated by Cakes by Hannah.

By using this website, you agree to be bound by these terms of use. If you do not agree to these terms of use, please do not use this website.

1. License to use

We grant you a non-exclusive, limited license to use this website for your personal and non-commercial use. You may not reproduce, distribute, modify, transmit, or display any content on this website without our prior written consent.

2. Acceptable Use

You agree to use this website and the content on this website in a lawful and responsible manner. You agree not to use this website or the content on this website for any purpose that is prohibited by these Terms of Use or by any applicable law or regulation. The following are some examples of prohibited uses of this website and the content on this website:

• To post or transmit any unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, pornographic, profane, or otherwise objectionable material.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Any use that violates the intellectual property rights of any third party.
• Any use that is intended to interfere with the operation of this website or to disrupt the use of this website by other users.
• To transmit any computer viruses or other harmful code.
• Using the Website to collect or store personal data about other users without their express consent.
• Any use that is harmful to minors.
• Any use that is in violation of any applicable law or regulation.

3. Intellectual Property

All intellectual property rights in and to this website and the content on this website are owned by us or by our licensors. You may not copy, reproduce, modify, distribute, transmit, perform, publish, or create derivative works from any part of the Website or its content without the express written permission of the Website.

4. Privacy

The Website’s Privacy Policy explains how the Website collects, uses, and discloses your personal information. You agree to be bound by the Privacy Policy.

5. Use of Cookies

This website uses cookies to improve your user experience and provide you with personalised content. By continuing to use this website, you are consenting to our use of cookies.

6. Disclaimer of warranties

The Website is provided “as is” and without any warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Website does not warrant that the Website will be uninterrupted or error-free, or that the defects will be corrected.

7. Limitation of liability

To the fullest extent permitted by law, we exclude all liability for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, or data, arising out of or in connection with your use of this website or the content on this website.

8. Governing Law and Jurisdiction

These terms of use are governed by and construed in accordance with the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia in any dispute arising out of or in connection with these Terms of Use.

9. Australian Consumer Law

Cakes by Hannah complies with the Australian Consumer Law, which protects consumers from unfair and deceptive trade practices.

10. Changes to the Terms of Use

The Website reserves the right to change these Terms of Use at any time. Any changes to the Terms of Use will be posted on the Website and will take effect immediately upon posting. Your continued use of the Website after any changes to the Terms of Use constitutes your acceptance of the changes.

11. Contact us

If you have any questions about these Terms of Use, please contact us at cakesbyh@outlook.com.au