Terms and Conditions
1. A non-refundable booking deposit of $100.00 must be received and contract signed at least 30 days before delivery/ pick-up. Dates are not held without this deposit.
2. The final and total payment is due 30 days before delivery/ pick-up. If total payment is not received at this time, your order will not be processed and the $100.00 booking deposit will not be refunded.
3. If booking within, and including, 30 days, total payment is due on placement of order.
4. If changing an order quantity or detail (including but not limited to: number of servings, design, and flavours), there is an additional charge of $50.00 if these changes need to be made with less than 30 days until delivery/ set-up date. Additional charges may apply regardless of time to delivery, if order- specific items have been prepared or ordered. These charges will include labour and material costs.
5. If an order is cancelled prior to, and including, the 30 day final payment and finalisation date, the $100.00 booking fee will be kept and remaining monies will be refunded. If the order is cancelled within the 30 days, the $100.00 booking fee will be kept and a fee of $50.00 will be charged for the cancellation. If items have been pre-purchased or prepared for the order, then additional charges may apply. If the order is cancelled within 7 days of delivery/ pick-up, all monies will be kept. No refund will apply.
6. There is no additional delivery charge if your delivery location is within 20km from
Cake O'Clock's premises in Kingsley 6026, as the cost of delivery is included in the order. If the delivery location is outside of this area, a delivery fee will apply.
7. You, as the client, will provide clear driving instructions to the delivery location and inform Cake O'Clock of any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished cakes. Please note: excessive jarring due to 'pot holes', road construction or unseen road conditions may damage the finished product to an unstable and undesirable state. Cake O'Clock is not liable should this damage occur, beyond the total invoiced amount.
8. If you or your representative elect to pick-up and set-up your order without Cake O'Clock present, you assume all liability and responsibility once the order has left Cake O'Clock's possession.
9. We photograph all our cakes and we reserve the right to use any photographs for display or promotion without compensation to you.
10. Please notify us if certain allergens must be avoided. Our products may contain or come into contact with milk, wheat, nuts, soy, and all other potential allergens. Cake O'Clock is operated out of a home- based, council registered and inspected kitchen. All care is taken to avoid cross contamination, but we do process all types of foods in our kitchen so trace amounts may be present. You agree to notify your guests of the risk and consider us not liable for allergic reactions or any associated medical costs.
11. We are not responsible for any damage including but not limited to: bumps, knocks, mishandling or moving of the cake after set-up is complete. You are responsible for providing an appropriate and secure table and environment for the cake/ cupcakes. Cakes are heavy and require a sturdy table, and all orders should be in refrigerative air-conditioning and an optimal room temperature of 23°C or below. If the delivery and set-up is in an outdoor or non-optimal location, Cake O'Clock is not liable due to the effects of weather conditions, table on uneven ground, undesirable atmospheric items (i.e.: dirt, leaves, branches, sunlight), insects and other wildlife. You understand that products such as icings, fillings, cake decorations, etc., may not hold up and cannot be insured past satisfactory delivery and set-up.
12. Fresh flowers: Arrangements of fresh flowers if organised by you, must be at the delivery location at time of delivery/ set-up of cake/ cupcakes. Cake O'Clock will place the fresh flower arrangements on the cake, as per order instructions at no extra charge, but is not liable for any damage or any fresh flower related issue. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. The person placing the fresh flower order should obtain a notice of plant safety from the florist, and ensure that the flowers chosen are safe to come into contact with a cake that will be eaten. The responsibility of the flower safety and safe food practices will not rest with Cake O'Clock. If Cake O'Clock places the flower order, due care will be taken to ensure that the flowers are safe to be near cake and will arrange the flowers so the cake and flower stems do not come into contact.
13. Silk flowers: Silk flowers must be supplied by you in a clean and suitable condition. If any silk flowers are purchased they may be given to Cake O'Clock to hold, or the arrangements will need to be at the delivery location at the time of delivery/ set-up of cake/ cupcakes. Cake O'Clock will place the silk flower arrangements on the cake, as per order instructions at no extra charge, but is not liable for any damage or any silk flower related issue.
14. Toppers: Cake O'Clock is able to supply/ make toppers. Please discuss with us all of your requirements. If supplying your own topper, please give to Cake O'Clock at least 2 weeks prior to delivery date. Cake O'Clock is not liable for any damage to toppers or any topper related issues. We will place the topper on the cake as per order requirements at no extra charge.
15. Non-Edibles: Cake O'Clock is not responsible for any non-edibles either in or on the cake/ cupcakes. Examples include: pins, pearls, fake flowers, crystals etc. These items must be taken off before the cake/ cupcakes are consumed. We will gladly put any extras you wish on your cake; however it is your responsibility to make sure these items are edible or removed before the cake/ cupcakes are consumed. Check with your florist for details on edible flowers as well.
16. Performance of this agreement is contingent upon the ability of Cake O'Clock to complete the agreement and is subject to labour disputes or strikes, accidents, 'acts of God', injuries and other causes beyond our control. Cake O'Clock is not liable beyond the invoiced amount of this order.
17. Refunds: Cake O'Clock is not liable beyond the invoiced amount of the order. In the case of an emergency, or an error in your cake delivery, please contact us immediately so we can fix the issue right away. If you are unhappy with your cake for any reason, please call us the day of your event and explain the situation. In the rare case that you are unhappy with your cake and would like a refund, you must call the day of your event so your cake can be returned. Without proof that you are unhappy with the product and will not be using it for your event, we will be unable to refund any portion of your payment. All agreements, whether made by email or verbal, made with regards to the design, flavour, delivery location, etc, are binding. Once the order has been agreed and delivered, a refund cannot be requested for client misunderstandings. We are dedicated to satisfying our clients cake requirements.
18. By making payment, in part or whole, constitutes agreement to these terms and conditions, and are considered legally binding for both parties. .