Terms and Conditions

Overview

www.bonbonsbakery.com.au (Website) is owned and operated by Bonbons Bakery Pty Ltd. “You, your” etc, refers to the person using our Website. “Our, we, us” etc, refers to Bonbons Bakery Pty Ltd. Please note that use of this Website and the goods and services available through this Website are subjected to the following terms, conditions, and notices. By using this Website, you agree to be bound by its terms, conditions, disclaimers, and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions.

Any new features or tools which are added will also be subject to Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions.

Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or period. From time to time, we may restrict access to some parts or all of this Website.

Linked Sites

This Website may contain links to other websites (“Linked Sites”) which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damages that may be caused by the Linked Sites. Your use of Linked Sites will be subject to the terms of use and service contained within those sites, they are not governed by this Terms and Conditions.

Terms of Sale

You may order products from our Website by placing an order through the Order Online page. All products are subject to the following Terms and Conditions. All orders are subject to availability and confirmation of the order price.

Ordering

When you place an order, you will receive an acknowledgement e-mail with a receipt of your order. This email will only be an acknowledgement and does not constitute acceptance of your order. A contract between our goods and services and you will not be formed until we send you a confirmation by e-mail stating that the goods and services you ordered have been dispatched to you. Only those goods and services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any order for any reason, including, but not limited to, payment not able to process successfully, product unavailable, possibility of fraud, error in price or description of the product.

We have made valiant efforts to display the colour as true to the actual product as possible, but we cannot guarantee that your computer monitor’s display of the colours will be accurate.

Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this error as soon as possible and provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, and if the correct price is lower than your ordered price, we will refund the difference. If we are unable to contact you, and if the correct price is higher than your ordered price, we will treat the order as cancelled.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.

Payment

You agree to pay for all products and services you order. All prices on this Website are quoted in Australian dollars.

Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Order cancellation, amendment, and refund

If you would like to cancel or make any changes to your cake order, please provide 48 hours notice prior to your order pickup time. If 48 hours of notice is not served, we have the right to refuse refund and we cannot guarantee that any changes you requested will be fulfilled; this may incur an additional cost.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Bonbons Bakery Ltd Pty and its suppliers, content providers, and advertisers are not liable to you for any consequential, direct, indirect, special, punitive or incidental damages or for any loss of goodwill, loss of profits, loss of data or the cost of procurement of substitute goods and services arising out of the use of this Website or the Linked Sites. The goods supplied to you are governed under the Australian Consumer Law. This document does not exclude, modify, or restrict any guarantees, conditions, or warranties protected by law. It is your responsibility to ensure that the right equipment is available to use this Website. We are not responsible for any damages to electronical equipment as a result of using this Website.

Linking to this Website

We own and have the rights to use all other intellectual property existing in and developed in connection with this Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link that suggests any form of association, approval, or endorsement on our part when none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. You have no rights to embed (in another site) any design, text, marks, and graphics that appear on our Website.

Prohibited conduct: You must not use or attempt to use this Website or the link to this Website for anything that is unlawful including, but not limited to, a breach of individual privacy, defamation of others or our brand, tampering with our Website, using programming routines that may damage with our Website.

Ownership of rights

All rights, including copyright, in this Website are owned by or licensed to Bonbons Bakery Pty Ltd. Logo, service marks, trade marks, all related products names and slogans are owned and copyrighted by us. You should assume that the content on this Website is copyrighted and owned by us unless otherwise stated. The Website design, layout, and trademarked content may not be copied, modified, or adapted in any form without prior written consent. We reserve all intellectual property rights to the content in this Website. You may not use the content without permission.

Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except when expressly stated, all persons (including their names and images). Third party trademarks and content, service, and/or locations featured on this Website are in no way associated, linked, or affiliated with www.bonbonsbakery.com.au and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the goods and services and is in no way an assertion that such goods and services are endorsed by or connected to www.bonbonsbakery.com.au.

Indemnity

You agree to indemnity, defend, and hold us, our directors, officers, employees, consultants, agents, and affiliates harmless against any third-party claims, liabilities, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or any breach of these Terms and Conditions. 

Variation

We reserve the right to amend, remove, or vary the Services and/or any pages of this Website without notice and at our own discretion.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect.

So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try and resolve disputes when they first arise. Please let us know if you have any complaints or comments. You can reach us by sending an email to admin@bonbonsbakery.com.au or call 1300 305 804.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above Terms of service constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between you and www.bonbonsbakery.com.au. Any waiver of any provision of the terms of Service will be effective only if in writing and signed by a Director of Bonbons Bakery Pty Ltd.