Please read the following Terms of Use carefully before placing your order with Cakes Around Town. By using the Cakes Around Town service, you agree to be bound by these Terms of Use.

Modifications to the Terms of Use will be effective immediately and any subsequent use by you of the website will constitute an acceptance of those modifications.

Membership

By purchasing an item advertised on this website and/or by completing the registration process to become a member of Cakes Around Town ("a Member"), you agree to be bound by these Terms of Use.

Access

The products and services described in this website are only available to delivery within Australia.

This website has been prepared to provide you with general information only and as an introduction to cake decorations that we stock.

We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders at our sole discretion at any time.

Product Information

Prices of goods and delivery displayed on the Cakes Around Town website are current at the time of display. These prices are subject to variation without notice.

While great care has been taken in the presentation of information on this site, including product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free. No representation is made and no responsibility accepted for reliance upon the information as being complete, accurate or up to date.

We advise you to make your own enquiries and satisfy yourself in all respects to the products you are considering purchasing.

GST (Goods & Services Tax)

All prices advertised are inclusive of all taxes applicable to the product. These are calculated at checkout. This is a broad based tax on consumption, which applies to the supply of most goods and services.

Gift Vouchers

Please ensure all Cakes Around Town Gift Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Voucher to offset that cost. Please bear this in mind.

All Gift Vouchers are issued with an expiry date as indicated on the voucher itself. Once that Gift Voucher has expired, we are unable to extend the expiry date under any circumstances.

It is the Gift Voucher holders responsibility to ensure it is redeemed before the expiry date.
It is only possible to use one gift voucher per purchase.

When do you charge my credit card?

We take payment at the time of order, as opposed to the time of dispatch.

All online credit card orders are charged upfront, at the time the order is made via DIRECTONE Secure Payment Service. We do this to validate the order and to ensure that all stock is pre-purchased. No order is accepted by Cakes Around Town until the order has been checked and approved. If there is a problem, we will telephone you or e-mail you within three (3) working days.

Paying upfront also substantially reduces order processing time, and ensures that as a customer, all you need to do is sit back and wait for your delivery to arrive.

Cakes Around Town is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed.

Once we have accepted payment for an order, cancellation of the order is at our sole discretion after taking into account the circumstances and reasons for cancellation.
If you need to cancel an order, please contact us immediately on Priority Call 07 3160 8728 or email us at info@cakesaroundtown.com.au.
Orders that cannot be cancelled will be subject to our Terms of Use relating to Returns and Refunds.

IMPORTANT: Cakes Around Town credit card purchases will be displayed as Cakes Around Town on your credit card statement.

PAYMENT ONLINE USING A CREDIT CARD

Cakes Around Town accepts online payments using the following credit cards: VISA, MASTERCARD. We use the DIRECTONE payment system, which processes your credit card details offline via our secure payment provider in Australia called Securepay, you can checkout their details online via www.securepay.com.au and www.directone.com.au. We do not store ANY credit card details in our database and we do not have forms that require your credit card at any stage through the checkout process.

Offline Payment

If you still feel uncomfortable purchasing online that'\s fine! You can call us to make payment and arrange delivery on 07 3160 8728. All payments will still be processed at the time of the order. Please note there maybe an additional service free charged for this.

It is worth remembering, however, that paying online is very secure and will be the most convenient way for you to buy from www.cakesaroundtown.com.au

If you have any questions about the security at our website please send an email to info@cakesaroundtown.com.au or telephone 07 3160 8728.

Delivery

We ship our products to Australia only using local Post service and couriers at our descretion.

Anyone at the Delivery Address who receives the goods will be taken to have been authorised to receive the goods by you.

It is your obligation to enter the correct delivery address details at the time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

Online orders placed on Saturday and Sunday

ALL orders placed after 3pm on Friday and at any time of day on Saturday and Sunday will be processed on the following Monday.

We do not ship on Saturdays, Sundays or Australian Public holidays unless alternative arrangements have been made.

Can I add additional items to an existing unshipped order?

Sorry. Unfortunately, additional items cannot be added to an existing shipped order. Should you wish to purchase additional items, you will need to place a new order for those additional items.

What if my order does not arrive

It is the responsibility of the customer to inform Cakes Around Town if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible.

As a guide only, our couriers attempt to deliver to addresses between 9am and 5pm.
Unfortunately, we are unable to give a guaranteed time of delivery.

You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.

Without limiting the operation of any other Terms of Use, we will not accept liability for any loss or damage arising from a late delivery or for loss or damage arising after delivery has taken place and you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

All prices on www.cakesaroundtown.com.au are listed in Australian dollars (AUD).

Quality and Maintenance of Goods

At Cakes Around Town we pride ourselves on the quality of our products and services. It is important to remember, however, that most food items are perishable and may react to temperature conditions, particularly cake, chocolate and fresh items, which, as a result may affect life of the product.

We recommend, if you are not familiar with the correct temperatures for the these food types or specific produce, that you contact us for further information. Once delivery has occurred Quality and maintenance of the produce is your responsibility.

Out of Stock & Substitution

In the unlikely event that we cannot satisfy your order due to stock unavailability, we will contact you (via e-mail or telephone) to offer you an alternative or to determine how you want to proceed with your order.

Refunds and Returns

Cakes Around Town will replace the goods you purchase if the goods you purchase:
• are not of merchantable quality (i.e. if your cake is damaged at time of delivery – but not if you simply do not like the taste of the cake)

• don'\t match any description given of the goods (this would include corresponding with a photograph of the goods)

• are not free from defects.

Please note, all food products are perishable, so Cakes Around Town expects that you take due care to properly store the goods a in accordance with the nature of the product. If you are not clear on this, please check with us first.

This is your responsibility. We cannot accept responsibility if food is stored in conditions that are not appropriate.

If you do find you have a legitimate problem with products or goods you purchase from Cakes Around Town, you should stop using the goods immediately and approach us as soon as possible to explain the fault or problem. Please make sure you keep the goods in the condition that you claim has the problem.

You need to approach us regarding any problems with your goods within ‘a reasonable period of time’. What is reasonable depends on the goods, their use and any other relevant information.

As a rule we will require that they be returned to us within 5 days of the date of purchase for examination of the problem and in order to assess whether to replace the goods or refund you, at our discretion.

Please note that we will not be in a position to address your problem where you have been careless or unreasonable in your demands.

Note, Cakes Around Town are not required to provide you with a refund if you have simply changed your mind or you find a similar or the same item more cheaply elsewhere.

Cakes Around Town may also require a receipt of proof of purchase.

In the event at our discretion we do refund you (as opposed to replace goods) for orders placed online or over the telephone - we will credit back the original credit card on which the order was purchased. Alternatively, we will issue you with a credit voucher.

How to return your item

• Contact the Cakes Around Town Customer Service team via our Priority Call 3160 8728 number. A customer service representative will evaluate your return request, record all the necessary product return information and issue you with a Return Authorisation Number. The Customer Service Representative will also provide you address details of where to send your return.

• You must obtain a Return Authorisation Number immediately to ensure that you are eligible for a replacement or refund.

• Send your item as directed. Please ensure that your Return Authorisation Number is clearly displayed on the return packaging.

• As soon as the return has been received, you will be contacted if a replacement product will be shipped.
IMPORTANT:
• The return must be received by Cakes Around Town within (14) fourteen days of the Return Authorisation Number being issued.
• If it is determined that there will be a Replacement product – it will only be shipped after the faulty item has been received by Cakes Around Town.
• All returns must have a Return Authorisation Number.
• Any item that is returned to Cakes Around Town without a Return Authorisation Number will be returned to sender.
If you feel that your return falls outside of our policy, then you will need to contact us first on Priority Call 3160 8728 to confirm if your return can be accepted.

Cancellation of Orders

Pursuant to the terms above, if you need to cancel your order, at our discretion money can be refunded less a $15 administrative fee, ONLY IF notice is received by Cakes Around Town 24 hours prior to the scheduled delivery date.

Cancellations received with less than 24 hours notice will be charged at 50% of the total order value.

To assist with a speedy resolution of your cancellation request, please advise if you wish to receive a Cakes Around Town member account credit for which you can use against any future purchase, or if you would prefer to receive a direct credit card refund (online credit card orders only).

Alternatively, at our discretion we may issue you a gift voucher.

You will receive an email confirmation once your order cancellation has been processed.

IMPORTANT: ORDERS CANNOT BE CANCELLED ONCE THEY HAVE BEEN DISPATCHED as they are already prepared and are with our courier for delivery – on their way to your address.

Security of information from your browser to our server?

A critical concern for electronic commerce is the secure transmission of data. To protect consumer data during transmission, Cakes Around Town uses the latest SSL encryption technology that securely passes transaction data to the Cakes Around Town gateway.

We use SSL (Secured Socket Layer) which means that we encrypt information sent to the server with a key that makes it almost impossible to decrypt. To do this we use the Secure Socket Layer (SSL) 256 bit encryption technology. This is superior to the industry standard.
This is far more secure than giving you credit card over the phone where someone could be listening, or to a cashier where someone can either look over your shoulder or get hold of your credit card receipt. We do not store or take credit card details via the net, all these details are processed by www.directone.com.au.

User Name & Password

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person.
You agree to release and indemnify Cakes Around Town in relation to any liability arising out of the unauthorised use of your username and/or password.

Protect yourself online

There are measures you can take to protect your own safety:

Do not let anyone else use your name or credit card for online transactions.
Only share access to your computer and files with people that you know and trust. Learn about file sharing risks.
Do not store your password or banking details in your email program or on your PC - keep hard copies of private information in a secure place away from the computer.
Choose hard-to-crack passwords that feature a combination of numbers, symbols and letters.
Do not use the same password for all your online activities.
Disconnect from the Internet when not in use.
Use anti-virus software and keep it up to date.
Protect your computer from Internet intruders through firewalls.
Back up your computer data.
Regularly download updates to your email and browser software that fix security bugs.
Only download and use freeware and shareware that is widely used and has a good reputation.

Loss or Damage to Systems

You agree to use and link to Cakes Around Town'\s website at your own risk. Cakes Around Town will not be liable for any loss or damage from any cause (including negligence) to your system or website caused by or in connection with the use of or a link to Cakes Around Town'\s website. Any such loss or damage will be your responsibility. Cakes Around Town advises you to take your own precautions in relation to protecting your system or website from viruses or malfunction.

If you wish to discuss links with this website or publication of Cakes Around Town material on other websites, please contact us on 07 3160 8728 or e-mail us at info@cakesaroundtown.com.au

External Web Links

If you leave this site via a link contained within this website, and view content that is not provided by Cakes Around Town, you do so at your own risk.

The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by Cakes Around Town. Cakes Around Town is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. Cakes Around Town makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party.

Any links to other sites are provided for convenience only and do not represent any endorsement by Cakes Around Town unless otherwise stated.

Trademarks, Copyrights and Restrictions

All material on this site, including, but not limited to images, illustrations, and information is protected by copyright, and other intellectual property rights which are owned and controlled by Cakes Around Town. Material on this site is solely for your personal, non-commercial use.

Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Cakes Around Town.

Fraud

Any party engaged in illegal activities involving the use of this website will be subject to civil and criminal prosecution.

Cakes Around Town does not guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor that it will give notice of any illegal or inappropriate use of this website.

It is an illegal violation to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. All persons found to have placed a fraudulent order will be prosecuted.

Copyright

Except where necessary for viewing the information on the cakesaroundtown.com.au website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no information or pictures on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Cakes Around Town.

Release & Indemnity

You agree to waive any and all claims that you now have or may have in the future against Cakes Around Town which relate to or are incidental to any transaction.
You agree to indemnify and hold Cakes Around Town harmless from and against any and all claims, loss or expense that may be incurred by Cakes Around Town which relate to or are incidental to the performance of its duties as described in these Terms of Use including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Cakes Around Town harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms of Use by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Jurisdiction

The use of this website and these Terms of Use are governed by and construed in accordance with the law in force in the state of Queensland, Australia. Any legal action arising out of its use shall be brought and enforced under and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning the Terms of Use.

Copyright Cakes Around Town 2002 - 2012. All rights reserved.
E-mail: info@cakesaroundtown.com.au

Gift Certificate TERMS OF USE

Cakes Around Town Gift Certificates

1. This voucher is redeemable by the bearer for Cakes Around Town goods or merchandise to the value stated on the front of this voucher.

2. This voucher is redeemable at the prices for Cakes Around Town goods or merchandise applying at the time of redemption of the voucher.

3. Please note that a minimum purchase value of $100 is applicable which is exclusive of delivery charges.

4. This voucher cannot be used in conjunction with any other Cakes Around Town promotion or discount offer. Only one discount will apply per order and it will be the larger discount of the two.

5. There is a limit of one voucher per order.

6. Cakes Around Town will not accept responsibility or be liable for vouchers that are lost or stolen.

7. This voucher may not be used after the expiry date stated on the front of this voucher and is not exchangeable, refundable, replaceable or redeemable for cash.

8. This voucher may only be redeemed on our website at www.cakesaroundtown.com.au toward the purchase of Cakes Around Town goods or merchandise online; in store at Cakes Around Town until 30 June 2006 , or via phone on Priority Call 3160 8728.

10. For orders placed on our website at www.cakesaroundtown.com.au, the voucher discount will be applied once the order has been processed by the operator. If you require telephone confirmation of the amount to be charged to your card please phone on Priority Call 3160 8728.

11. This voucher can be redeemed only once. Cakes Around Town will not redeem this voucher if, on presentation, our records indicate that this voucher or a voucher bearing the same reference number as that displayed on this voucher has already been redeemed or has not been issued.

12. The value of this voucher may not be applied after a transaction is made. If forgotten, the voucher must be saved and used towards your next purchase.

13. Gift Certificate orders placed out of business hours will be posted on the next business day.

14. Cakes Around Town accepts gift certificates delivered by post to Australian Addresses only.

EVouchers

1. eVouchers are exchangeable by bearer for merchandise or services.

2. It is redeemable off a minimum purchase of $100 and valid only for delivery within the specified Cakes Around Town Delivery Network.

3. eVouchers may not be used in conjunction with any other promotion, discount offer or with the Cakes Around Town membership discount.

4. eVouchers are non replaceable.

5. Cakes Around Town and eVoucher will not be liable for any lost or stolen eVoucher.

6. eVouchers may not be used after its expiry date and is not exchangeable, transferable or redeemable for cash or payment of accounts.

7. For orders placed on the Internet, you will receive the discount once the order has been successfully processed by our Internet Sales Department.

We hope you find our web site informative & helpful, if you have any suggestions you feel would improve the site, please contact us on 07 3160 8728.

Any changes to our information collection policies will be posted on this page. By using the Cakes Around Town site, you are consenting to the collection of information by Cakes Around Town.