Terms of service
Cute Cakes & Co
Overview
Welcome to Cute Cakes & Co.
The terms “we”, “us” and “our” refer to Cute Cakes & Co. We operate this website and online store, including the information, products, services and features available through it.
Our website is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.
These Terms of Service, together with our Privacy Policy, Refund Policy and any other policies referred to on our website, set out the terms that apply when you browse our website or place an order with Cute Cakes & Co.
Please read these Terms carefully before placing an order.
By placing an order and agreeing to these Terms at checkout, you confirm that you have read and accepted the Terms that apply to your purchase.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under the Australian Consumer Law.
1. Your Information
When placing an order, you are required to provide information including your name, email address, telephone number, billing details, delivery or collection details and payment information.
You are responsible for ensuring that all information provided with your order is accurate and complete.
This includes checking:
- the products and options selected;
- your delivery or collection method;
- your delivery address and recipient details;
- your contact details; and
- your selected delivery or collection date.
We use the information submitted with your order to prepare and fulfil your purchase.
2. Our Products
Cute Cakes & Co products are handmade and made to order.
We make every reasonable effort to accurately represent our products online; however, slight variations are a natural part of handmade products.
Colours may appear differently depending on your screen, monitor or device settings.
Small differences in colour, placement, finish or decoration may occur between the product shown online and the product you receive.
Cake stands, display items and styling accessories shown in photographs are not included unless specifically stated in the product description.
Our products are sold according to the designs and options displayed on our website. Unless specifically offered as an option on a product page, customisation is not available.
We may change or discontinue products or product options and may limit availability where reasonably necessary.
3. Fresh Flowers
Where a cake includes fresh flowers, these flowers are decorative and must be removed before serving unless specifically stated otherwise.
We will make every reasonable effort to recreate the overall style shown in the product image; however, flower varieties, colours and sizes are subject to seasonal and supplier availability.
Where necessary, we may substitute flowers with the closest suitable alternative while maintaining the overall style of the design.
4. Allergen Information
Our kitchen handles ingredients including nuts, gluten, eggs, dairy and other known allergens.
Although some products are made without particular ingredients, all products are prepared, handled and stored in a kitchen where allergens are present.
We therefore cannot guarantee that any product is completely free from traces of allergens.
This includes products described as gluten-free.
Customers with serious allergies or intolerances should consider this information carefully before ordering.
Our cakes and edible products are made using quality ingredients, including free-range eggs, Australian butter and dairy where applicable.
5. Orders and Acceptance
When you place an order through our website, you are requesting Cute Cakes & Co to prepare and supply the products selected in accordance with the order details submitted.
Payment must be successfully processed before an order can be completed.
Please review your order carefully before submitting it.
The products, options, delivery or collection method, delivery address and date shown on your completed order are the details Cute Cakes & Co receives and uses to schedule and prepare your order.
If we discover an obvious error in an order, pricing, product availability or other information affecting our ability to fulfil the order, we will contact you as soon as reasonably possible.
If Cute Cakes & Co is unable to fulfil an accepted order, we will contact you to discuss an appropriate resolution, which may include an alternative arrangement or refund where applicable.
6. Selected Date & Date Changes
Your order will be prepared for the delivery or collection date confirmed at checkout. Please check this date carefully before completing your order.
Only dates shown as available in our online calendar can be selected and booked.
Unavailable dates cannot be selected, held or reserved. The calendar does not display a separate warning when an unavailable date is clicked — the date will simply remain unselected.
Adding or requesting a different date in your order notes, email, text message or other communication does not change the date confirmed on your order.
Please do not select an alternative available date with the intention of requesting a different, unavailable date after placing your order.
Requests to change your delivery or collection date are subject to product availability, production capacity and delivery capacity.
A requested date change is only accepted once Cute Cakes & Co has confirmed the change with you by email.
If you have not received email confirmation from Cute Cakes & Co approving the change, the original date confirmed on your order remains your scheduled date.
7. Same-Day Orders
Same-day delivery and collection are offered on selected products Monday to Friday only and are subject to availability.
Our advertised same-day cut-off times are the latest possible cut-off times and do not guarantee availability until that time.
Same-day orders are subject to our daily production, staffing, collection and delivery capacity.
Cute Cakes & Co reserves the right to close same-day delivery or collection earlier than the advertised cut-off time where capacity has been reached.
Once a same-day date or service is no longer available to select through our website, we cannot accept additional same-day orders for that service.
Same-day delivery is only available within eligible delivery areas.
Selecting another available date and requesting an unavailable same-day date in your order notes, by email, text or other communication does not reserve or book that unavailable date.
8. Delivery
Cute Cakes & Co provides delivery to selected Brisbane areas according to the delivery options and prices displayed on our website.
Delivery dates are booked according to the date confirmed on your order.
Specific delivery times cannot be guaranteed.
On the morning of delivery, we may provide an estimated one-hour delivery window. This is an estimate only and may change due to traffic, weather, parking, delays at earlier deliveries, road conditions or other circumstances affecting the delivery run.
If your order is required for an event at a specific time, we strongly recommend arranging delivery for the day before wherever appropriate.
Delivery Details
You are responsible for providing a complete and accurate delivery address and a valid mobile telephone number for the recipient.
Our drivers cannot be required to wait for recipients, search large premises or remain at a delivery address for an unreasonable period.
If the recipient cannot be contacted or the address or contact information provided is incorrect, your order may be returned to our store.
You may then arrange collection or request another delivery. An additional delivery charge may apply.
Hospitals, Hotels and Campuses
Hospital deliveries are made to reception or another approved handover area only. We cannot guarantee delivery directly to a ward, room or patient.
Hotel deliveries may be left with reception or concierge.
University and campus deliveries require clear building information, a nominated delivery point and the recipient’s mobile number.
Locations We Cannot Deliver To
For safety, access and product-quality reasons, we may be unable to deliver to locations including airports, parks, playgrounds, open public spaces, picnic areas or locations without a safe and reliable handover point.
9. Permission to Leave
We prefer cakes to be handed directly to a person wherever possible.
If you provide written permission for us to leave your order unattended, you are responsible for nominating a suitable, safe and protected location.
Orders should not be left in direct sunlight, rain, exposed public areas or other locations that may expose the product to heat, weather, insects, theft or damage.
Where you have authorised an unattended delivery, Cute Cakes & Co cannot accept responsibility for loss, theft, weather exposure, insects, melting or damage occurring after the order has been safely delivered to the location you nominated, except where liability cannot legally be excluded.
10. Collection
Collection is available from our Mitchelton store during the collection days and opening hours displayed on our website.
Your order must be collected on the date confirmed with your order unless Cute Cakes & Co agrees otherwise.
When transporting a cake yourself, it should be kept cold, level and secure. We recommend transporting cakes on a flat surface, such as the passenger footwell, with the vehicle air-conditioning operating.
Once an order has been collected, Cute Cakes & Co cannot accept responsibility for damage caused by incorrect transportation, handling, storage or set-up after the product has left our care.
This does not limit any rights you may have under the Australian Consumer Law.
11. Cancellations & Postponements
Our products are made to order and perishable, and production planning, ingredients, staffing and capacity are allocated to orders in advance.
We are not required to provide a refund where a customer simply changes their mind.
If you wish to cancel your order, please contact us at least 72 hours before your scheduled delivery or collection date.
Customer-requested cancellations accepted by Cute Cakes & Co are subject to a 20% cancellation fee, calculated on the value of the cancelled order. The remaining eligible balance will be refunded to the original payment method.
Cancellation requests received less than 72 hours before the scheduled delivery or collection date may not be accepted where ingredients, decorations or other materials have been ordered or prepared, production has commenced, or production capacity has already been allocated to your order.
If you wish to postpone your order, please contact us at least 72 hours before your scheduled date.
Approved postponements may be held for up to 30 days and are subject to availability for your requested new date.
A cancellation, postponement or date change is not confirmed until Cute Cakes & Co has confirmed it with you by email.
These conditions apply to customer-requested cancellations and changes of mind. They do not limit any rights or remedies available where a product or service fails to meet a consumer guarantee under the Australian Consumer Law.
12. Faulty, Damaged or Quality Concerns
Our cakes and edible products are freshly made and highly perishable.
If you believe there is a fault, damage or quality issue with your order, please contact Cute Cakes & Co as soon as possible and preferably within 24 hours of receiving your order at hello@cutecakesandco.com.au.
Please provide photographs of the product and a description of the issue when contacting us.
Because our products have a short shelf life, we may need to inspect the product to properly assess a complaint.
Please keep the product, or the remaining portion of it, refrigerated and available for return or inspection while we assess your concern.
Cute Cakes & Co may request that the product, or the remaining portion of the product, be returned to our Mitchelton store within a reasonable timeframe so that we can assess its condition.
Complaints made several days after delivery or collection may be more difficult to assess where the product has been consumed, discarded, improperly stored or is no longer available for inspection. The circumstances of each complaint will therefore be considered individually.
Where a product does not meet the consumer guarantees under the Australian Consumer Law, the remedy available will depend on the nature and seriousness of the problem and may include a replacement, remake, refund or other remedy required by law.
Cute Cakes & Co is not responsible for deterioration or damage caused after the product has left our care as a result of incorrect transportation, handling, storage, set-up or failure to follow the cake-care instructions provided.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
13. Cake Care & Storage
Our cakes and edible products are perishable and must be transported, stored and served according to the cake-care instructions provided by Cute Cakes & Co.
Unless otherwise advised, cakes should be kept refrigerated until the recommended time before serving and should not be left in direct sunlight, excessive heat or an unsuitable environment.
Once an order has left the care of Cute Cakes & Co, we cannot accept responsibility for deterioration or damage caused by incorrect transportation, handling or storage.
If you believe there is a quality issue with your cake, please keep the cake refrigerated and contact us as soon as possible so that we have an opportunity to assess the product.
Nothing in this section limits your rights under the Australian Consumer Law.
14. Refunds
Where a refund is agreed to or required, it will ordinarily be returned to the original payment method used for the purchase.
Processing times after a refund has been issued may depend on your bank, card provider or payment service.
We do not provide cash refunds for purchases originally made using another payment method, unless required by law or otherwise agreed by Cute Cakes & Co.
Consumer guarantees under the Australian Consumer Law apply automatically and cannot be excluded by these Terms.
15. Prices and Payment
Prices shown on our website are in Australian dollars unless otherwise stated.
Delivery charges and other applicable fees are shown during the ordering process.
The price charged will be the price applicable when your order is placed, subject to correction of obvious errors where permitted by law.
You agree to provide accurate payment and billing information and confirm that you are authorised to use the payment method supplied.
Payments through our website are processed securely by our payment providers.
Cute Cakes & Co staff cannot view your complete card details and we do not manually retain full credit card information.
16. Fraud Prevention & Payment Security
Cute Cakes & Co takes payment security, cybercrime and fraud prevention seriously.
If an order is identified or reported to us as high risk, potentially fraudulent, unauthorised or otherwise suspicious, we reserve the right to place the order on hold, request additional information or identification, or cancel the order where reasonably necessary to protect the cardholder, Cute Cakes & Co and other customers.
If an order is cancelled for suspected fraud or security reasons, any eligible refund will be returned to the original payment method used for the purchase.
We will not redirect a refund to a different card, bank account or payment method.
Where appropriate, Cute Cakes & Co may also provide relevant transaction information to our payment provider, financial institution, fraud-prevention service or law-enforcement authority.
These measures are taken for security and fraud-prevention purposes and do not limit any rights available under the Australian Consumer Law.
17. Intellectual Property
Unless otherwise stated, the content of this website—including our branding, photographs, graphics, written content, product designs and other materials—is owned by or licensed to Cute Cakes & Co and is protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, republish or commercially exploit our website content without our prior written permission, except where permitted by law.
18. Third-Party Tools and Links
Our website may use or provide access to tools, payment services, applications or websites operated by third parties.
Your use of third-party services may also be governed by the terms and privacy policies of those providers.
Cute Cakes & Co is not responsible for third-party websites or services except to the extent liability cannot legally be excluded.
19. Relationship With Shopify
Cute Cakes & Co uses Shopify to provide our ecommerce platform.
Purchases made through our store are transactions directly between you and Cute Cakes & Co.
Shopify provides the technology supporting our online store but is not the seller of Cute Cakes & Co products.
20. Privacy
Personal information collected through our website is handled in accordance with our Privacy Policy.
Because our website is hosted through Shopify, certain information is also processed by Shopify and other service providers necessary to operate our store, process payments and provide our services.
Please refer to our Privacy Policy for further information.
21. Website Errors and Availability
Occasionally our website may contain typographical errors, incorrect pricing, inaccurate product information, availability errors or technical issues.
We may correct website errors or update information when identified.
If an error materially affects an order that has already been placed, we will contact you and deal with the order in accordance with applicable law.
Nothing in this section gives Cute Cakes & Co an unrestricted right to cancel an accepted order or removes any rights you may have under the Australian Consumer Law.
22. Prohibited Use
You must not use our website:
- for unlawful purposes;
- to infringe the rights of Cute Cakes & Co or another person;
- to transmit malicious software;
- to obtain unauthorised access to the website or its systems;
- to collect personal information unlawfully;
- to impersonate another person;
- to submit false or misleading information; or
- in a way that interferes with the safe or proper operation of our website.
We may restrict access to our website where reasonably necessary to protect Cute Cakes & Co, our customers, our systems or other users.
23. Limitation of Liability
To the extent permitted by law, Cute Cakes & Co is not responsible for loss or damage caused by circumstances outside our reasonable control or by a customer’s failure to follow our transportation, storage, handling or product-care instructions.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot legally be excluded under the Australian Consumer Law.
24. Severability
If any part of these Terms is found to be invalid or unenforceable, that part will be removed or limited to the minimum extent necessary and the remaining Terms will continue to apply.
25. Entire Agreement
These Terms, together with the policies and information expressly incorporated into them, form the agreement governing your use of our website and purchases from Cute Cakes & Co.
Failure by Cute Cakes & Co to enforce a particular provision on one occasion does not waive our right to enforce that provision in the future.
26. Governing Law
These Terms are governed by the laws applicable in Queensland, Australia.
Any disputes relating to these Terms will be dealt with in accordance with applicable Australian and Queensland law.
27. Changes to These Terms
We may update these Terms from time to time.
The current version will be available on our website.
The Terms applying to an order are generally the Terms in effect when that order is placed, except where the law requires otherwise.
28. Contact Information
Questions about these Terms can be sent to:
Cute Cakes & Co
640 Samford Road
Mitchelton QLD 4053
Australia
Email: hello@cutecakesandco.com.au
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify any right, remedy or consumer guarantee that applies under Australian law.