Terms of service

Welcome to Cupcake Central!  Before using our services, please take a moment to read and agree to our Terms of Service. This agreement outlines the terms and conditions governing your use of our website and services. By accessing or using our website, you agree to be bound by these terms and conditions.

1. Introduction
   Cupcake Central specialises in the production and delivery of baked goods. By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these terms of service
   
2. Use of Our Website
   

   You agree to use our website solely for the purpose of purchasing our products. You agree not to use our website for any unlawful purpose or in any way that may damage, disable, overburden or impair our website. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   

3. Ordering and payment
   

   To place an order, you must select the products you wish to purchase, provide the necessary billing and shipping information, and pay for the order in full. We accept payment via credit card, bank deposit and other payment methods that may be available on our website. Payment is due at the time of purchase and all prices listed on our website are final. You agree to provide Cupcake Central or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by the user of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

4. Delivery
   

   We offer free Standard Delivery within our designated Sweet Zone. We also deliver to selected areas outside our Sweet Zone; however, additional delivery fees will apply.

   We will make every reasonable effort to deliver your order within the advised delivery window. However, unless Priority Delivery with a specified timeframe has been purchased, delivery at a specific time or within the advised window cannot be guaranteed. Delivery times may be affected by circumstances outside our reasonable control, including traffic, accidents, road closures, severe weather and other unforeseen events.

   Please ensure that all delivery addresses and contact details are correct and that someone is available to receive the order.

   If no one is available to receive the delivery and Authority to Leave (ATL) has not been provided, we may be unable to complete the delivery. Should you request redelivery, additional charges will apply. Depending on the circumstances, the redelivery charge may include a delivery fee from $20 plus 50% of the cost of your original order, up to 100% of the original order value.

   Redelivery is subject to availability and may not be possible on the same day.

   If we are unable to complete delivery due to circumstances beyond our reasonable control, we will contact you where possible to discuss the available options.

   Any changes to your delivery address or delivery details must be requested and confirmed at least 2 business days prior to the scheduled delivery date. Changes requested after this time cannot be guaranteed.

5. Delivery Instructions:
   

   Please provide us with clear and accurate delivery instructions, including any special handling requirements. It is your responsibility to ensure that the recipient is available to receive the goods at the agreed-upon delivery time and that all the delivery details are correct. We are not held liable for any costs due to incorrect information supplied or if there is no one there to receive it.

   Any changes to your delivery address or delivery details must be requested and confirmed by us at least 2 business days prior to the scheduled delivery date.

6. Product Availability and Substitution
   

   All products are subject to availability and we reserve the right to substitute any product with a similar item of equal or greater value. We make every effort to provide accurate and up-to-date information on our website but we cannot guarantee that all information is complete, accurate, or current.

7. Perishable Goods Liability:
   We are not responsible for the quality, freshness, or condition of the perishable goods once they have been delivered. It is your responsibility to ensure that the goods are properly stored and handled upon receipt. 
   
8. Refunds and Cancellations
   Refunds and cancellations may be subject to certain restrictions. To cancel or reschedule a delivery, we must receive the request with 2 business days notice., for custom orders we require 3 business days notice and for same day orders, within the hour unless it's already been dispatched. Please appreciate that we schedule and bake all our products to order, they are perishable items and cannot be resold. 
   
   
9. Intellectual Property
   

   All content displayed on the Cupcake Central website and associated digital platforms, including but not limited to our business name, logos, branding, photographs, videos, graphics, product designs, cupcake and cake designs, illustrations, written content, product descriptions and other creative materials, is owned by or licensed to Cupcake Central and is protected by applicable intellectual property laws.

   Unless expressly permitted by us in writing, our content must not be copied, reproduced, modified, republished, distributed, displayed, used for commercial purposes or represented as the work of another person or business.

   Images and content from our website or social media platforms may not be used by another business for advertising, marketing, product listings, social media content or other commercial purposes without our prior written permission.

10. Custom Designs & Customer-Supplied Material

    Where you provide us with a logo, image, artwork, photograph, design, trademark or other material for inclusion in a custom order, you confirm that you own the material or have the necessary permission or authority to use it and to provide it to us for the purpose of fulfilling your order.

    You are responsible for ensuring that any material supplied to us does not infringe the intellectual property rights of any third party.

11. Disclaimer of Warranties
    

    Our website and services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, materials, content or products included on our website.

12. Limitation of Liability
    

    Cupcake Central will not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of our website, products or services, even if we have been advised of the possibility of such damages.

13. Changes to the Agreement
    We reserve the right to modify these terms and conditions at any time without prior notice. Your continued use of our website or services after any such changes constitutes your acceptance of the new terms and conditions.
    
14. Governing Law
    

    This agreement shall be governed by and construed in accordance with the laws of the state in which Cupcake Central is located, without giving effect to any principles of conflicts of law.

If you have any questions or concerns about our terms of service, please contact us at service@cupcakecentral.com,au