Terms and Conditions

DEFINITIONS

“The Company” means Cake Craft Australia  Ltd.  “The Purchaser” means the person or persons, whether corporate or incorporate, who has or who have requested supply of the goods and includes its, his or their respective executives’ administrators and assigns.

GENERAL

Any goods offered or supplied are of normal commercial quality and are only for the purpose for which such goods are normally supplied.  No other conditions or warranties as to fitness for any for any purpose whether expressed or implied by law and no representation or statements shall bind the company unless specifically set out in writing by the company.  These terms and conditions apply to all orders given to the company by the purchaser. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRICES

Subject to change at any time without prior notice. Unless otherwise stated prices indicated are AU$ FOB Sydney. Prices prevailing at time of delivery apply.  The company reserves the right to levy a service charge for all orders under AU$50.00 (including G.S.T.) in value.  Once given an order may not be cancelled without the consent in writing of the company. All prices quoted, unless otherwise stated, are inclusive of GST.

PAYMENT

Accounts are net and trading terms unless otherwise stated are STRICTLY Cash before Delivery, 20th following Delivery or as the company may prescribe. Interest at a rate determined by the Company may be charged at any time on overdue accounts compounded at the end of each calendar month from the due date thereof up to the date of payment in full.  The Company reserves the right to limit credit facility where an overdue account exists.  Payment by cheque shall not by deemed payment until the cheque has been paid by the purchasers’ banker and credited to the Company’s account. In the case where a Direct Debit has been prescribed, a $25 administration fee may be applied per payment if a Direct Debit is not used. The company reserves the right to withdraw credit at any time. A $25 administration fee may be applied in the case of a returned cheque, Direct Debit. No delivery will be effected for delinquent accounts. FIS is on prescribed criteria only. 

OWNERSHIP

Ownership of the property in goods supplied to the purchaser by the Company shall remain vested in the Company until payment thereof has been made in full, and if default is made by the purchaser in payment then the Company shall have the right at its absolute discretion and without further notice to enter from time to time upon any premises in which such goods are located and remove all or any of such goods and the Company reserves the right to dispose of such goods upon such terms and conditions as the Company shall see fit.

GUARANTEE

The applicants signing this account application jointly and severally unconditionally guarantee to the Company the due and punctual payment of all moneys owing at any time by the purchaser.

BREACH

In the event of any breach of the terms and conditions the purchaser shall pay to the Company all costs and disbursements incurred plus a sum equal to 15% of the amount owing such sum to compensate the Company for its legal costs and out of pocket expenses.

WAIVER

The Company shall not be deemed to have waived any such conditions hereof unless it has done so in writing signed by a director of the Company.  The Company’s rights powers and remedies remain in force not withstanding any forbearance or delay on its part.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

AGENTS:

We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing Credit Card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

PROTECTION OF THE COMPANY AND OTHERS:

We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud PROTECTION AND CREDIT RISK REDUCTION.

CHILDREN

The Company does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Company only with involvement of a parent or guardian.

COPYRIGHT COMPLAINTS

The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.