In these terms and conditions, “we” “us” and “our” refers to Double Blessing Cupcakes (ABN 79 949 840 049). 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.
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.
You may view the content on this site using a web browser solely for personal and non-commercial use. We reserve the right to refuse service to anyone for any reason at anytime. We reserve the right to discontinue any product or services that we offer and to limit the quantities of any products.
Our Website Services
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.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
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.
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. We reserve the right to change all aspects of our products.
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.
Packaging and delivery is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, residential address, address for delivery, your email address and telephone contact details. 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.
With your permission, we may send you emails about our store, new products and other updates. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
We undertake to accept or reject your order within more or less than 48 hours. If we have not responded to you within more or less than 48 hours days, your offer is deemed to be rejected as the most likely reason is we have not received it, if we have not responded to you in 48 hours please contact us to determine if your order has gone through. You will be issued with receipt number confirming your order, payment and delivery details
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment and baked. Our terms of payment are set out on the order.
All risk of loss or damage to the goods passes to you when we despatch the goods. If the product is damaged on arrival, we will provide you with an adequate discount or try to fix the order for you back at our bakery depending on the severity of the occur it occurred before it was handed to the customer. We are not responsible once the customer has received it. If our stands are damaged in a way that they cannot be used again or are physically damaged looking, the customer does not receive their deposit back.
We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we will advise you of our requirements relating to return of such goods or refund. Alternatively you can phone us on our main number. If the product has been damaged or is faulty in anyway, you must either immediately return for staff to inspect it or photograph the evidence and email the images.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse for the amount initially paid for the purchase including packaging and delivery charges.
Once you have notified us through our website that you wish to return faulty, or damaged, you may make arrangement with us so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.
Our store is hosted on PayPal. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through PayPal’s data storage, databases and the general PayPal application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then PayPal stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard and American Express.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read PayPal’s Terms of Service here or Privacy Statement.
When you visit our website, we give you a limited licence to access and use our information for personal use only.
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.
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.
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.
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.
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.
Intellectual Property Rights
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.
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.
Any comment, feedback, idea or suggestion which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
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.
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.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
By accessing our website and purchasing from us, 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 or purchase from us.
If a Force Majeure event causing delay continues for more than less than 24 hours, we may terminate this Agreement by giving at least less than 24 hours Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria 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 Victoria and you agree to submit to the jurisdiction of those Courts.
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.
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 that 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.
We may disclose your personal information if we are required by law.