Terms of service
TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Woof Gateaux. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
All Users
1) In order to access the services provided on this website, you must complete and submit an Order Form Online. You must complete and accept the Terms and Conditions set as set out on this page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide in the Order Form.
2) You agree to ensure that your details are true and accurate at all times and you undertake to update your details if they are incorrect or have change.
3) Upon completion, we provide you with an Automatically generated email. After your payment has been successfully completed as set out on the Order form.
4) We reserve the right to terminate your order at any time if you breach these terms and conditions.
5) Our services are intended to be used by users within Australia only.
6) Our Website Services
7) Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
8) All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
9) Product Descriptions
10) We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
11) We do not use sugar and or add preservatives, so by accepting these terms you understand that our products have a short life span. The product being cakes may show signs of cracking as it dries out from original freshly made product.
12) Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
13) Different shades of colours that are requested, may not always show or portray a different shade, as requested, our images on our site are not to be taken as exact image as it may differ, by accepting these conditions you understand that a colour/ and or shade of a colour may be different then an image provided or seen.
14) I understand Woof Gateaux will try its best to match but it is not be guaranteed. I note Woof Gateaux is mixing by hand and understand the above.
15) Product Orders
16) Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
17) We supply and despatch our products to customers within Australia only.
18) We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
19) All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
20) Packaging and postage is an additional charge, calculated at time of purchase.
21) When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details are taken via shopify. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
22) We reserve the right to reject any orders that are placed within an unreasonable timeline, this timeline is within a seventy two hour (72hrs). We are not required to give reasons for rejecting your order however the most likely reason for rejecting your order will be that we do not currently have that product in stock or we are unable to fulfil it in a short timeline.
23) Once you have submitted an order, you may not cancel that order without a written email no later then 24hrs of the orders pickup or delivery date.
24) All orders submitted and discussed as “Custom Cake” orders, are all rights and ownership to Woof Gateaux, Design and ongoing sales of any design that “may” have been used by a customer request is solely Woof Gateaux and agreeing to our T&C’s Woof Gateaux may use any design inspiration for the future without any further consent to the original order that may be similar.
25) Woof Gateaux owns all its custom designs and a customer is only used as an inspirational tool only, you acknowledge that Woof Gateaux will design and make a product that may include an inspirational design or photo but is not liable or held to any form of contract throughout the process of design and therefore after.
26) All figurines and caricatures used in our designs are for decorative purposes only and are not edible. This includes any styrofoam balls used on cakes and items that come with skewers to hold them in place. These decorations are set solid and should not be consumed.
All figurines contain skewers, balls are on skewers and caution is required when cakes are consumed, Woof Gateaux takes no responsibility if consumed accidentally.
Order Pickups & Deliveries
27) Delivery of you’re ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the Orders page.
28) All risk of loss or damage to the goods passes to you when we hand the goods over. At the time of conducting you’re transaction we give you the option to Pickup or for Delivery.
29) All risk and damage after the goods have been picked up fall solely on the customer and Woof Gateaux will take no responsibility if the goods are damaged after they have been collected.
30) All risk and damage after the goods have been delivered fall solely on the customer and Woof Gateaux will take no responsibility if the goods are damaged after they have been delivered by its own driver.
31) Upon accepting a Delivery or Pickup the customer has agreed that they have received them in good order and no further responsibility or action will be passed onto Woof Gateaux.
32) You Also accept the responsibility for sending a third party as in friend or family member. If they do not pickup items on your order, you wave the right for a refund as you have agreed to a customized pickup option. Woof Gateaux is not responsible for other parties failing to pickup a complete order, placed via the payee of the order.
33) Woof Gateaux takes no responsibility for any Third party delivery service used while your goods are in transit, this includes lost or stolen items, mishandling or any delay’s in delivery time frames.
34) All third party delivery companies used are the responsibility of the customers and once passed on Woof Gateaux will take no further responsibility of the goods, any further actions required will be taken up with the service provider by the customer of the order.
35) Woof Gateaux are unable to control third party companies and upon accepting these Terms and Conditions Set Out on this page, you agree to not hold Woof Gateaux responsible for their services in any way, we take no liability on Third Party services.
36) Order Cancellation
37) All Orders cancelled under 24hrs will not be refunded, as it has already started production, the customer will waive 100% of the total payment made.
38) Any order cancelled under 48hrs of the order completion date (that has not started production) Woof gateaux is unable to refund your order at full amount, the customer will waive 50% of the total payment made to cover costs of your order already in process, no less than 50% of the total paid will only be refunded.
39) Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where you been charged, we will immediately refund your chosen payment option the total amount debited.
40) Product Returns
41) We are unable to accept returns or replace cakes that have already been accepted and/or received by the customer.
42) All cakes received are handed over by Woof Gateaux are accepted to be in satisfactory condition in look and style. Any damage to cakes after this solely falls on the customer, cakes are made fresh and require refrigeration. Woof Gateaux has no part in the way customers store or transport their cakes after collection or received via delivery, therefore will not be held responsible after accepting the order.
43) All ingredients are listed on our website, Woof Gateaux will not be held responsible if you're pet falls ill/sick or does not consume the cake. If no dietary requirements have been submitted along with the time of ordering the cake, they will be made as per the website description and we will not take any responsibility for owners not being aware of their pets dietary requirements.
44) We undertake the right to review each order before any agreed upon returns or replacements on damaged orders. You must notify us through our email directly within the same day of receiving your order for us to review your case, or your order will be deemed satisfactory and no further action on our part will be taken.
45) If we have deemed an order to not meet a replace or exchange of goods. No further action will be taken via Woof Gateaux and an email will be sent explaining the reasons as per this policy.
46) If we have agreed to a refund, we will reimburse payment to the method used for the amount initially debited.
47) Site Access
48) When you visit our website, we give you a limited licence to access and use our information for personal use.
49) You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
50) Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
51) The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
52) Hyperlinks
53) This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
54) You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
55) Intellectual Property Rights
56) The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
57) All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
58) Disclaimers
59) Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
60) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
61) We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
62) From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
63) Statutory Guarantees and Warranties to Consumers
64) Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a) (i) Schedule 2 of the C&C Act; and
b) (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
65) If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a) (i) We will repair or replace the goods or any part of them that is defective; or
b) (ii) Provide again or rectify any services or part of them that are defective; or
c) (iii) Wholly or partly recompense you if they are defective.
66) As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a) (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b) (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c) (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
67) Limitation of Liability
68) If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a) (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b) (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c) (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d) (iv) We do not participate in any way in the transactions between our users.
69) Indemnity
70) By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
71) Force Majeure
72) If a Force Majeure event causing delay continues for more than Fourteen (14) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
73) Jurisdiction
74) These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
75) If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
76) Privacy
77) We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
78) Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
