Terms and Conditions
This website is owned and operated by Bakers Delight Green Hills - Maitland. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors and ordering platform for delivery of our baked goods. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, and possess the legal authority to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited under any law or regulation applicable to you.
Placing an order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Acceptance or rejection of an order
We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Delivery of Products
We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your order through the Site.
You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order and, where relevant, make payment for that order.
Cancelling an order
We may cancel an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: (a) the requested products in that order are not available; or (b) there is an error in the price or the product description posted on the site in relation to the relevant product in that order; or (c) that order has been placed in breach of these terms and conditions.
If we cancel an order where product is unavailable or there is a pricing or product description error, we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means. If your order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
You may cancel an order (whether it is accepted by us or not): (a) through the site up to 30 mins before the delivery or collection window closes (as specified on the site). If so, no fees or charges will apply to that cancellation; or (b) in all other circumstances, by contacting us on 0472647936 during contact hours. In this instance, if you cancel an order that has been accepted by us: (i) before the day of delivery or collection, then no fees or charges will apply to that cancellation; and (ii) on the day of delivery or collection, then we may charge you a fee charges for any perishable products that were ordered
If you cancel an order in respect of which we have taken payment, then the full payment amount, including any Delivery Fee and other fees and charges will be refunded to your original payment method or through an alternative means.
Fees and charges
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): (a) the purchase price of each Product that is ordered; (b) the delivery fee provided to you when placing your order (“Delivery Fee”); and (c) the cancellation fee for an order that is cancelled.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable and are charged in Australian dollars.
The purchase price of each product is shown on the product list on the site at the time you place your order.
Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
If a product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund back within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
You must pay the fees and charges online using the online payment methods in clauses
We accept the following credit cards: (i) Visa; (ii) MasterCard.
You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
We will provide you with a receipt at time of ordering (as applicable) which specifies the total fees and charges for the Products in the order.
Substitution or missing items in delivery
You acknowledge that a Product that you order may be out of stock or temporarily unavailable.
We provide you with an option to obtain a substitute Product for most Products.
If selected by you, then we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.
If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your on-line account for the Products that were not supplied. In all other circumstances, you may contact Customer Service on 0472647936 during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a credit to your on-line account within 3-5 business days for the Products that were charged but not delivered to you; or (ii) arrange for a re-delivery of the missing item at an agreed time.
Returns and Refunds
If you wish to return a Product that was provided to you under these Terms and Conditions, because it is defective, contact customer service within 8 hours or delivery to arrange a return or refund to your account, at the bakery or next delivery. Upon confirmation from the driver that the good/s have been received we will refund your on-line account within 3-5 business days.
Quality issues with perishables resulting to refund needs to be reported within 8 hours of delivery. You may: (a) return that Product to our bakery; or (b) contact our Customer Service by telephone within 8 hours of the delivery time to plan to return that Product.
You must not: (a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes; (b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site; (c) make fraudulent or speculative enquiries, purchases or requests through the Site; (d) use another person’s details without their permission or impersonate another person when using the Site; (e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; (f) tamper with or hinder the operation of the Site; (g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; (h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; (i) modify, adapt, translate or reverse engineer any portion of the Site; (j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site; (k) reformat or frame any portion of the web pages that are part of the Site; (l) create accounts by automated means or under false or fraudulent pretences; (m) use the Site to violate the security of any computer or other network or engage in illegal conduct; (n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; (o) use the Site other than in accordance with these terms and conditions; or (p) attempt any of the above acts or engage or permit another person to do any of the above acts.
Suspension of account
We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
If we lock, suspend or delete your account under clause 14.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and: (a) the breach cannot be remedied; or (b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or (c) if there is an emergency.
You may stop using the Site at any time and for any reason.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Intellectual property rights
Reproduction of any content, design, layout, look, appearance or graphics contained in this website is prohibited
This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties without obtaining the relevant third-party owner’s consent.
Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of NSW. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
Capitalised terms used are defined in these terms and conditions. In these terms: Contact Hours means Customer Service operating hours, Monday to Friday 9 am to 4 pm Australian Eastern Standard Time. Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions. Delivery Fee has the meaning given in clause 11.1(b). GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). Product means each good or service that is advertised on the Site.