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Terms & Conditions

Your access to this website is subject to these Terms and Conditions and any disclaimers or other conditions or statements contained on this website (referred to collectively as "Terms and Conditions"). By using the Elite Cake Designs service, you agree to be bound by these Terms and Conditions.

Elite Cake Designs may at any time, at its sole discretion, amend, vary or modify these Terms Conditions without notice. Modifications to this site including these Terms and Conditions will be effective immediately and any subsequent use by you of the website will constitute an acceptance of those modifications. Please re-read these terms and conditions before subsequent use. In the event that you do not agree with any of these terms and conditions or any changes made, you must immediately stop using this site.

Please read the following Terms and Conditions carefully before placing your order with Elite Cake Designs:

1. Your Order
a) All of your contact, cake design (including photo), delivery and payment details, will be included for your reference and approval on our Cake Design Agreement Form that we prepare and forward to you upon your order request. At this time, a temporary position is held for your requested order date.
b) Every single order carried out, is strictly based on our written Cake Design Agreement.
c) Once you receive your Cake Design Agreement Form, it will need to be checked, signed and returned to us by within 2 days. This time may be slightly extended upon request and will be subject to our management approval.
d) It will be your responsibility to thoroughly check that all information on the Cake Design Agreement Form are correct prior returning this form, as we will not be liable for any errors.
e) An order is valid and temporary position held becomes secure, only if the Cake Design Agreement has been signed, returned and deposit has been paid by the customer within the specified by our company timeframe.
f) Failure to return your Cake Design Agreement Form by the specified by our company timeframe, may result in the cancellation of the temporary position held for your order. Therefore, this position will be given to another customer.
g) We do not and never accept "verbal" Cake Design Agreement approvals by customers.
h) It will be your responsibility to make sure that you can receive emails at all times. We will not be held liable in the event that you miss any of our reminder emails (being for Cake Design Agreement return, deposit or final payments), due to internet, software, full mailbox or computer problems.

2. Pricing
a)
All of our cake prices displayed on our website or quoted during a customer enquiry, are current and may change from time to time due to a price increase on ingredients and other materials by our suppliers.
b) A price quoted during an enquiry, is guaranteed to remain unchanged, only if a relative booking has been confirmed via a signed Cake Design Agreement and a deposit payment.
c) All of our quotes are valid for 30 days only.

3. Deposit & Final Payment

a) Upon signing and returning the Cake Design Agreement you will need to place a 25% deposit to secure your position. The remaining 75% will need to be paid at least 3 days prior delivery.
This applies for orders up to the value of $1,200.
b) For orders above $1,200, a payment schedule will be issued by our sales department. All scheduled progress payments, including final payment, will need to be paid by their due date. Failure to pay a progress payment by its due date, may result in your order to be cancelled. In such event, any payments made up to the date of cancellation, will not be refunded.
c) In case of a short notice order (up to 14 days prior event) a non refundable 80% deposit will need to be placed. The remaining 20% will need to be paid at least 3 days prior delivery.
d) Our Custom Cake Sketch Service deposit of $100 is non refundable. This deposit will be deducted from the cake price once an order has been placed.
e) We reserve the right not to deliver your cake if final payment has not been received by 3 days prior delivery.
f) You will remain liable for the final payment if payment has not been received by us even after your event date.
g) When paying via Direct Branch Deposit or Electronic Funds Transfer, please include the reference number provided upon receiving your "Cake Design Agreement Form".
h) For final payments made via EFT (Electronic Funds Transfer), please ensure your payment is made not less than 2 days prior to the final payment deadline (3 days prior delivery) as funds can take up to 48 hours to be transferred into our account. This is not taking into account any possible errors that may extend this time.
i) As a measure against fraud, an EFT (Electronic Funds Transfer) "Remittance Advice" showing a payment made to our company, would not be accepted as a proof of payment. An EFT (Electronic Funds Transfer) payment would only be classified as "received" by our company, only when the funds of the transaction become available within our bank account. It will be your responsibility for the funds to be available within our account by any payment deadline.
j) If a final payment made via EFT (Electronic Funds Transfer) or Direct Branch Deposit does not appear within our account one (1) day prior to delivery, a credit card payment of the final amount will be required. If the original final payment, deposited via EFT or Direct Branch Deposit, appears within our account after we have debited your credit card, we will then provide a refund of this amount back to your credit card.

k) For money order and bank cheque final payments sent via post, please ensure you send your payment a few days prior final payment deadline (3 days prior delivery). Please consider that Australia Post is closed during public holidays and long weekends. It would be your responsibility that we receive your payment in time.

4. Cancellation

a) If you decide to cancel your order, the deposit will be fully refunded only if the order is cancelled in writing within 7 days from the date the order was placed. After this time the deposit will not be refunded. This does not apply for short notice orders as the deposit is non refundable.
b) For short notice orders (up to 14 days prior to event) the deposit is non refundable in case of cancellation.
c) In the event of a cancellation (by the customer) of an order above $1,200 where a payment schedule has been issued, payments made by the customer up to the date of cancellation, will not be refunded.
d) If you decide to cancel your order within the 7 days prior to delivery, you will still be liable for the final payment.

5. The Cake
a) Models and flowers may contain either wire, beads, crystals or cocktail sticks, and should not be eaten. It will be your caterer's responsibility to remove these including any gold and silver plated colouring prior serving the cake.
b) In some extremely rare cases it may be necessary to slightly change a colour or vary a product from the picture on our site as certain cake decorating items may from time to time be unavailable by our suppliers. However, we will substitute the original product with an equally or better quality product. You will be notified upon order request if such change is to take place.
c) All of our sugarcrafted figurines, models and decorations are fully and individually hand made
and not machine manufactured. Therefore, they may slightly and finely vary between the ones displayed on our website.
d) Our cakes may contain traces of nuts and fruit cakes will contain alcohol unless specifically requested.
e) Portion guides are only approximate and dependent on correct cutting. We cannot be held responsible for shortfalls in portions.
f) All cakes should be stored in a cool and dry area, on a flat sturdy surface.
Never place cakes in the fridge prior cutting as colour may run. Mud Cake and Carrot cake will keep moist for one week after delivery if covered. Fruitcake lasts well for months not years.
g) Our cake setup upon delivery is about assembling multi tiered cakes that are impossible to deliver as a whole cake. Setup does not include cake table or area decoration.
h) Cupcake stand decorations displayed on our website are not included in the sale or hire price of our stands. They are sold separately and are subject to availability.
i) We reserve the right to photograph the cake on delivery and these photographs remain our property.
j) All photos displayed on our website have been professionally edited with professional photo editing software using high quality Apple Mac "true colour" computer monitor displays. Colours, contrast or brightness of photos may slightly vary while viewing on other brand monitor displays.


6. Delivery
a) Please make sure that a contact person will always be available to contact prior delivery.
b) If you have not arranged for someone at the delivery point to accept the cake, the cake will be deemed to be acceptable.
c) If you are not going to be the person receiving your order delivery, please ensure that your assigned order recipient or representative is fully aware and informed about your order description, including product care and storage instructions listed in section 5f of our terms and conditions. Your assigned order recipient or representative will need to check your order carefully and sign it off as been correct and in good order. Once our "Delivery Confirmation Form" has been signed by your assigned order recipient or representative, your order will be deemed as "accepted".
d) If the cake is to be left unattended, we cannot be held responsible for any damage or loss occurring after we have left the venue.
e) For interstate deliveries, we use the best and well renowned perishable air delivery services available in Sydney. Our cakes are very well and safely boxed, labelled and specially structured with internal cake supports to prevent any tier movement during air delivery. However, we cannot be held responsible for any damage or loss of your cake after delivery and drop-off to Sydney Airport.
f) Even though it has never occurred, in the event that our local delivery vehicle delivering your cake becomes involved in an accident, and your cake gets damaged, we will provide you with a full refund, that will include the cost of the cake and delivery fee. We will not be liable to any further charges.
g) We would not be liable for any delays that are beyond our control, such as traffic jams, road closures due to festivals, accidents, road works, flight delays, airport closures or bad weather conditions.
h) Venue parking should be available for delivery. If unavailable, any parking fees above $10 will be charged to customer's credit card.

7. Testimonials
We reserve the right to publish customer testimonials received via email on our website, purely for web visitor reference. Customer's first name and surname initial is listed for privacy reasons.
If for any reason you do not wish for your testimonial email to be listed, please contact us at:
webmaster@elitecakedesigns.com.au and we will remove your email immediately.

8. Agreement to Terms and Conditions
By proceeding with a purchase you are in agreement with our terms and conditions as stated above.


   
       
     
 
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