Terms - Cakey Creations | Wedding Cakes | Corporate Cakes | Birthday Cakes | Special Occasion Cakes

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Your access to this website is subject to these Terms and Conditions and any disclaimers or other conditions or statements contained on this website (referred to collectively as "Terms and Conditions"). By using the Cakey Creations services, you agree to be bound by these Terms and Conditions.
Cakey Creations may at any time, at its sole discretion, amend, vary or modify these Terms Conditions without notice. Modifications to this site including these Terms and Conditions will be effective immediately and any subsequent use by you of the website will constitute an acceptance of those modifications. Please re-read these terms and conditions before subsequent use. In the event that you do not agree with any of these terms and conditions or any changes made, you must immediately stop using this site.

Please read the following Terms and Conditions carefully before placing your order with Cakey Creations:

1. Your Order
a) All of your contact, cake design (including photo), delivery and payment details, will be included for your reference and approval on our Cake Design Agreement Form that we prepare and forward to you upon your order request. At this time, a temporary position is held for your requested order date.
b) Every single order carried out, is strictly based on our written Cake Design Agreement.
c) Once you receive your Cake Design Agreement Form, it will need to be checked, signed and returned to us within 2 days. This time may be slightly extended upon request and will be subject to our approval.
d) It will be your responsibility to thoroughly check that all information on the Design Agreement Form are correct prior to returning this form, as we will not be liable for any errors.
e) An order is valid and temporary position held becomes secure, only if the Cake Design Agreement has been signed, returned and deposit has been paid by you the customer within the specified timeframe.
f) Failure to return your Cake Design Agreement Form by the specified time frame, may result in the cancellation of the temporary position held for your order. Therefore, this position will be given to another customer.
g) We do not and never accept "verbal" Cake Design Agreement approvals by customers.
h) It will be your responsibility to make sure that you can receive emails at all times. We will not be held liable in the event that you miss any of our reminder emails (being for Cake Design Agreement return, deposit or final payments), due to internet, software, full mailbox or computer problems.
I) Performance of this agreement is contingent upon the ability of (Cakey Creations) to complete the agreement and is subject to labor disputes or strikes, accidents, Acts of God, and other causes beyond our control.

2. Pricing
a) All of our cake prices displayed on our website or quoted during a customer enquiry, are current and may change from time to time due to a price increase on ingredients and other materials by our suppliers.
b) A price quoted during an enquiry, is guaranteed to remain unchanged, only if a relative booking has been confirmed via a signed Cake Design Agreement and a deposit payment.
c) All of our quotes are valid for 30 days only.

3. Deposit & Final Payment
a)1
. upon signing and returning the Cake Design Agreement form you will need to place a 50% deposit to secure your position. The remaining 50% will need to be paid at least 3 weeks prior to pick up or delivery. This applies for orders up to the value of $1,000. No exceptions
a)2
. In regards to Wedding cakes deposit is still 50% with the remainding 50% payable 3 weeks prior to pickup or delivery.This applies for orders up to the value of $1,000. Any cake toppers purchased from us must be paid for upfront, we require 6 weeks notice for cake toppers as some are made to order.
b) For orders above $1,000, a payment schedule will be issued by Cakey Creations. All scheduled progress payments, including final payment, will need to be paid by their due date. Failure to pay a progress payment by its due date may result in your order to be cancelled.
c) In case of a short notice order (up to 7 days prior to event) a 100% deposit will need to be placed.
d) We reserve the right not to allow pick up or deliver of your cake if final payment has not been received by 7 days prior delivery.
e) When paying via Direct Branch Deposit or Electronic Funds Transfer, please include the reference number provided upon receiving your "Cake Design Agreement Form".
f) For final payments made via EFT (Electronic Funds Transfer), please ensure your payment is made not less than 2 days prior to the final payment deadline (9 days prior to pick up or delivery) as funds can take up to 48 hours to be transferred into our account. This is not taking into account any possible errors that may extend this time.
g) As a measure against fraud, an EFT (Electronic Funds Transfer) "Remittance Advice" showing a payment made to Cakey Creations would not be accepted as a proof of payment. An EFT (Electronic Funds Transfer) payment would only be classified as "received" by us, only when the funds of the transaction become available within our bank account. It will be your responsibility for the funds to be available within our account by any payment deadline.
h) If a final payment made via EFT (Electronic Funds Transfer) or Direct Branch Deposit does not appear within our account 7 days prior to delivery, we reserve the right to cancel the order and retain all deposits paid to recover costs.
i) For money orders final payments sent via post, please ensure you send your payment a few days prior to final payment deadline (7 days prior to delivery). Please consider that Australia Post is closed during public holidays and weekends. It would be your responsibility that we receive your payment in time.

4. Cancellation
a) if you decide to cancel your order, the deposit will be fully refunded only if the order is cancelled in writing or by email within 7 days from the date the order was placed. After this time the deposit will not be refunded.  
b) In the event of a cancellation (by the customer) of an order above $1,000 where a payment schedule has been issued, payments made by the customer up to the date of cancellation, will be refunded, Less 10%.
c) If you decide to cancel your order within the 7 days prior to delivery, you may still be liable for the final payment.

5. The Cake
a) Models and flowers may contain either  wire, beads, crystals or cocktail sticks, and should not be eaten. It will be your caterer's responsibility to remove these including any gold and silver plated colouring prior to serving the cake.
b) In some extremely rare cases it may be necessary to slightly change a colour or vary a product from the picture on our site as certain cake decorating items may from time to time be unavailable by our suppliers. However, we will substitute the original product with an equally or better quality product. You will be notified upon order request if such change is to take place.
c) All of our sugar crafted figurines, models and decorations are fully and individually handmade
and not machine manufactured. Therefore, they may slightly and finely vary between the ones displayed on our website.
d) Our cakes may contain traces of nuts and fruit cakes will contain alcohol unless specifically requested.
e) Portion guides are only approximate and dependent on correct cutting. We cannot be held responsible for shortfalls in portions.
f) All cakes should be stored in a cool and dry area, on a flat sturdy surface.
Never place cakes in the fridge prior to cutting as colour may run. Our cakes will keep moist for one week after delivery if covered (uncut). Fruit cake lasts well for months not years.
g) Our cake setup upon delivery is about assembling multi tiered cakes that are impossible to deliver as a whole cake. Setup does not include cake table or area decoration.
h) We reserve the right to photograph the cake on delivery and these photographs remain our property.
I) All photos displayed on our website may slightly vary depending on your computers monitor display. Colours, contrast or brightness.
J) Our products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. You agree to notify your guests of this risk and hold us harmless for allergic reactions.


6. Pick Up or Delivery
a) Please make sure that a contact person will always be available to contact prior to pick up or delivery.
b) If you have not arranged for someone at the delivery point to accept the cake, the cake will be deemed to be accepted.
c) If you are not going to be the person receiving your order, please ensure that your assigned order recipient or representative is fully aware and informed about your order description, including product care and storage instructions listed in section 5f of our terms and conditions. Your assigned order recipient or representative will need to check your order carefully and sign it off as been correct and in good order. Once our "Pick Up or Delivery Confirmation Form" has been signed by your assigned order recipient or representative, your order will be deemed as "accepted".
d) If the cake is to be left unattended, we cannot be held responsible for any damage or loss occurring after we have left the venue.
e) Even though it has never occurred, in the event that our local delivery vehicle delivering your cake becomes involved in an accident, and your cake gets damaged, we will provide you with a full refund that will include the cost of the cake and delivery fee. We will not be liable to any further charges.
f) We will not be liable for any delays that are beyond our control, such as traffic jams, road closures due to festivals, accidents, road works or bad weather conditions.
g) Venue parking should be available for delivery. If unavailable, any parking fees will be payable by the customer.
H) If you or your representative elect to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves (Cakey Creation's) possession.
I) We 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.

7. Testimonials
We reserve the right to publish customer testimonials received via email on our website, purely for web visitor reference. Customer's first name and surname initial is listed for privacy reasons.
If for any reason you do not wish for your testimonial email to be listed, please contact us at:
cakey.creations@yahoo.com.au and we will remove your email immediately.

8. Agreement to Terms and Conditions
By proceeding with a purchase you are in agreement with our terms and conditions as stated above.

Cakey Creations Terms & Conditions  Personalised Signs

1. Your Order
a) All of  your contact, delivery details, will be included for your reference and approval on our Personalised signs Agreement Form that we prepare and forward to you upon your order request. At this time, a temporary position is held for your requested order date.
b) Every single order carried out, is strictly based on our written Personalised sign Agreement.
c) Once you receive your  Agreement Form, it will need to be checked, signed and returned to us within 2 days. This time may be slightly extended upon request and will be subject to our approval.
d) It will be your responsibility to thoroughly check that all information on the Design Agreement Form are correct prior to returning this form, as we will not be liable for any errors.
e) An order is valid and temporary position held becomes secure, only if the  Design Agreement has been signed, returned and payment has been paid by you the customer within the specified timeframe.
f) Failure to return your  Design Agreement Form by the specified time frame, may result in the cancellation of the temporary position held for your order. Therefore, this position will be given to another customer.
g) We do not and never accept "verbal" Design Agreement approvals by customers.
h) It will be your responsibility to make sure that you can receive emails at all times. We will not be held liable in the event that you miss any of our reminder emails (being for Personalised sign Design Agreement return
& payments), due to internet, software, full mailbox or computer problems.
I) Performance of this agreement is contingent upon the ability of (Cakey Creations) to complete the agreement and is subject to labour disputes or strikes, accidents, Acts of God, and other causes beyond our control.


2. Pricing
a) All of our prices  quoted during a customer enquiry, are current and may change from time to time due to a price increase on materials by our suppliers.
b) A price quoted during an enquiry, is guaranteed to remain unchanged, only if a relative booking has been confirmed via a signed personalised sign Design Agreement and payment.
c) All of our quotes are valid for 30 days only.


3.Cancellation
a) if you decide to cancel your order, payment will be fully refunded only if the order is cancelled in writing or by email within 7 days from the date the order was placed. After this  time  a 10% material charge applies to cover cost of any purchesed materials.
b) If you decide to cancel your order within the 7 days prior to delivery or pick up , you may still be liable for full payment.

5. The Sign
By signing and returning the personalised sign agreement acceptance, you agree that all information pertaining to the personalised sign are correct  for size, font, colour & details  (type of signage required). You  also agree  that Cakey Creations will not be held responsible for any errors that are pertaining to the Personalised sign acceptance agreement, once signed and received by us.

6. Pick Up or Delivery
a) Please make sure that a contact person will always be available to contact prior to pick up or delivery.
b) If you are not going to be the person receiving your order, please ensure that your assigned order recipient or representative is fully aware and informed about your order description, including product care and storage . Your assigned order recipient or representative will need to check your order carefully and sign it off as been correct and in good order. Once our "Pick Up or Delivery Confirmation Form" has been signed by your assigned order recipient or representative, your order will be deemed as "accepted".
d) If the signage  is to be left unattended, we cannot be held responsible for any damage or loss occurring after we have left the venue.
e) We will not be liable for any delays that are beyond our control, such as traffic jams, road closures due to festivals, accidents, road works or bad weather conditions or by Australia post if postage has  been selected
f) Venue parking should be available for delivery. If unavailable, any parking fees will be payable by the customer.
H) If you or your representative elect to pick up , you assume all liability and responsibility for the condition of the csignage once it leaves (Cakey Creation's) possession.
g) We are not responsible for any damage to the signs after setup is complete.  You are responsible for providing an appropriate and secure table and environment.


7. Testimonials
We reserve the right to publish customer testimonials received via email on our website, purely for web visitor reference. Customer's first name and surname initial is listed for privacy reasons.
If for any reason you do not wish for your testimonial email to be listed, please contact us at:
cakey.creations@yahoo.com.au and we will remove your email immediately.


8. Agreement to Terms and Conditions
By proceeding with a purchase you are in agreement with our terms and conditions as stated above.

 
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