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 read the following Terms and Conditions carefully before placing
your order with Elite Cake Designs:
1. Your Order
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.
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 14 days only.
a) Upon providing acceptance to our Cake Design
Agreement a 25% deposit to secure your position will be required. The remaining balance will need to be paid at least 7 days prior delivery.
b) In case of a short notice order (up to 14
days prior to the event) a full non-refundable payment will need to be made.
c) Our Custom Cake Sketch Service non-refundable fee of $100 will become part of the actual cake price once your order has been confirmed.
d) We reserve the right not to deliver your
cake if the final payment has not been received 7 days prior
e) You will remain liable for the final
payment if payment has not been received even after your event date.
f) When paying via Direct Branch Deposit
or Electronic Funds Transfer, please include the reference
number provided upon receiving your "Cake Design Agreement
g) For final payments made via EFT (Electronic
Funds Transfer), please ensure your payment is made
2 days prior to the final payment deadline (7 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.
h) 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 the payment deadline.
i) If a final payment made via EFT (Electronic
Funds Transfer) or Direct Branch Deposit does not appear
within our account by the due date, a credit card payment for the final amount will be required. If
the original final payment made 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.
j) A surcharge of 2% applies to MasterCard, Visa and AMEX credit card payments. We do not accept Dinners Club.
4. Cancellation / Refund
a) All cancellations need to be received in writing.
b) If your order is cancelled within 7 days from the day of the order submission, a full deposit refund will be issued. After this time your deposit will not be refunded. This does not apply for short notice orders (up to 14 days
prior to the event).
c) If you cancel your order prior to 14 days out from your event date, a credit note will be issued for the amount of the deposit. The credit will be valid for 12 months and can only be used in whole for one (1) new order.
d) If your order is cancelled within less than 14 days from the event date, the deposit will be forfeited.
e) If your order is cancelled within
the 7 days prior to the delivery, you will still be liable for the
final payment and your cake will need to be delivered.
f) For short notice orders (up to 14 days
prior to the event) the full payment is non refundable.
g) In the unlikely event that Elite Cake Designs is unable to fulfill the order for reasons including, but not limited to, illness, accident or injury, Elite Cake Designs reserves the right to cancel the order and will refund all monies paid by you relative to the order. We will endeavour to help find a suitable replacement company for your order but this is subject to their availability.
5. Change of Date
a) Change of date requests need to be submitted in writing not less than 14 days from the original date of the event.
b) If you need to change the date of your event, we are happy to accommodate dependent on availability. If a position is not available for the new date, we will either issue a credit note for the deposit paid or you may cancel your order. Cancellation will be subject to our cancellation policy as outlined in our terms and conditions.
6. 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) Portion guides are only approximate and dependent
on correct cutting.
We cannot be held responsible for shortfalls in portions.
e) 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.
f) 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.
g) 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.
h) All of our cakes do not come with candles. Upon customer's request, board type bullet candles may be purchased separately.
i) We reserve the right to photograph the cake
after delivery for marketing, advertising and training purposes. 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
a) Unless it is specified specifically on your order, all cakes and ingredients may contain or come into contact with the following allergens: Dairy, Eggs, Wheat, Nuts, Soy, Gluten and other potential allergens.
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) It is your responsibility to inform consumers about the cake and of any risks that may be applicable to them.
a) Please make sure that a contact person will always be available
to contact prior delivery.
b) Elite Cake Designs will not be responsible for any allergy related issues.
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
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:
email@example.com and we will remove
your email immediately.
10. Agreement to Terms and Conditions
By proceeding with a purchase you are in agreement with our terms and
conditions as stated above.