Terms & Conditions
TERMS & CONDITIONS
General
Welcome to The Cupcake Factory. These Terms & Conditions govern your access to and use of our website and the purchase of products from The Cupcake Factory.
By accessing our website, placing an order online, by phone, email, in person, or through a third-party delivery platform, you agree to be bound by these Terms & Conditions.
If you are under 18 years of age, you must obtain the consent of a parent or guardian before using our website or placing an order.
Ordering
Orders may be placed through our website, by phone, email or other approved sales channels.
By placing an order, you are making an offer to purchase products from The Cupcake Factory at the price displayed at the time of ordering, including any applicable delivery charges and taxes.
All orders are subject to acceptance and availability. An order confirmation email or receipt does not constitute acceptance of your order.
Payment must be received in full before production, dispatch or collection of your order.
Product Availability & Substitutions
All products are subject to availability.
In rare circumstances, ingredients, decorations, packaging or other components may become unavailable. Where necessary, we reserve the right to substitute items with alternatives of equal or greater value while maintaining the overall quality, style and presentation of the product.
Handmade Products
All cakes, cupcakes, cookies and baked goods are handcrafted and made to order.
While we make every effort to replicate website images, custom designs and customer references as closely as possible, slight variations in colour, decoration, size, design elements and presentation may occur. These variations are a natural part of handmade products and do not constitute a fault.
Product images are provided as a guide only.
Pricing
All prices are displayed in Australian Dollars (AUD) and include GST unless otherwise stated.
We reserve the right to change prices at any time prior to accepting an order.
Delivery fees, weekend surcharges and any additional service fees will be displayed during checkout where applicable.
Delivery & Collection
Delivery dates and delivery windows are provided in good faith but cannot be guaranteed.
The Cupcake Factory is not responsible for delays resulting from circumstances beyond our reasonable control, including traffic conditions, weather events, courier delays, road closures or incorrect information supplied by the customer.
Customers are responsible for providing complete and accurate delivery details at the time of ordering.
Risk in the product passes to the customer upon delivery or collection.
Please refer to our Delivery Information page for further details regarding delivery services, Click & Collect and premium delivery options.
Cancellation Policy
As all products are made to order, cancellation requests are subject to our Cancellation Policy.
Please refer to our Cancellation Policy page for full details regarding cancellations, refunds and credits.
Product Quality
We are committed to delivering products of the highest quality.
If you believe your order has arrived damaged, is incorrect, or does not meet reasonable quality expectations, please contact our Customer Experience team as soon as possible after receiving your order.
Please refer to our Product Quality Guarantee for further information.
Nothing in these Terms & Conditions excludes your rights under Australian Consumer Law.
Allergens
Our products are prepared in facilities that handle common allergens including wheat, gluten, dairy, eggs, peanuts, tree nuts and soy.
While we take reasonable precautions, we cannot guarantee that any product is completely free from allergens or traces of allergens.
Customers with food allergies or dietary requirements should contact our team before placing an order.
Intellectual Property
All content on this website, including photographs, product images, logos, graphics, designs, text, recipes and branding, is the property of The Cupcake Factory or its licensors.
You must not reproduce, distribute, modify, copy or use any content from this website without our prior written consent.
Website Use
You agree not to:
- Use the website for any unlawful purpose.
- Submit false, misleading or fraudulent information.
- Attempt to interfere with the operation or security of the website.
- Copy, scrape or reproduce website content without permission.
- Use the website in a manner that may damage, disable or impair its operation.
Limitation of Liability
To the maximum extent permitted by law, The Cupcake Factory will not be liable for any indirect, incidental, special or consequential loss arising from the use of our website or products.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantees, rights or remedies available under Australian Consumer Law.
Alcohol Products
Some products sold by The Cupcake Factory may contain alcoholic beverages.
By purchasing any product containing alcohol, you warrant that you are aged 18 years or over and that the recipient is also aged 18 years or over.
Alcohol will not be supplied to persons under the age of 18 years.
Liquor Licence Number: LIQP770017437
Licensee: Stuart Mills
Gift Vouchers
Gift vouchers may be redeemed online and are valid for the period specified at the time of purchase.
Gift vouchers are not redeemable for cash and cannot be replaced if lost, stolen or expired.
Privacy
Your use of our website is also governed by our Privacy Policy, which forms part of these Terms & Conditions.
Changes to These Terms
We reserve the right to update or amend these Terms & Conditions at any time. Any changes will become effective when published on our website.
Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia, and any disputes will be subject to the jurisdiction of the courts of New South Wales.
Contact Us
If you have any questions regarding these Terms & Conditions, please contact our Customer Experience Team.
The Cupcake Factory
Email: info@thecupcakefactory.com.au