Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR PLACING AN ORDER

These terms and conditions (Terms) are between you and Rhian Simone Borger ABN 46 512 024 101 (The Mess, we, us, our) and govern your use of our website located at https://cakesbythemess.com.au (Website), including the placing of orders for our products and services (Order). By accessing or using our Website you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you must not access or use our Website.

1. Placing Orders

1.1 Orders must be placed via our Website.

1.2 By placing an Order with us, you agree to provide accurate and complete information about yourself to enable us to fulfil your Order, including your:

full name;
email address; and
phone number.

1.3 All Orders are subject to prior acceptance by us. We reserve the right to refuse to accept, or to cancel, any Order for any reason at any time.

1.4 We may change the prices for our products and services on our Website at any time without notice to you.

2. Order delivery / pick-up

2.1 Orders may be placed for pick-up from St Kilda, Melbourne, or for delivery to suburbs within 10kms of St Kilda, Melbourne (unless otherwise agreed by us on a case-by-case basis).

2.2 A date and time for the delivery or pick-up of your Order will be agreed with you when you place your Order (Delivery/Pick-up Time).

2.3 If delivery is agreed, we will make every reasonable effort to deliver your Order by the Delivery/Pick-up Time. However, we will not be liable for any delays or failures in delivery caused by circumstances beyond our reasonable control. This includes, without limitation, where you have failed to provide us with accurate or complete delivery information (which is your responsibility when delivery is agreed).

2.4 If pick-up is agreed, Orders must be picked-up at the Delivery/Pick-up Time (as we adhere to a strict schedule and frequently have additional deliveries or pick-ups to accommodate on the same date). Should you fail to arrive at the Delivery/Pick-up Time, you may be required to return for pick-up at an alternate time advised by us.

2.5 The Mess takes no responsibility if an Order is damaged after it has been collected by you (or any person designated by you).

3. Order payments

3.1 All Order payments are processed via third party payment gateways.

3.2 Orders for 'Wedding & Bespoke Cakes' require a 50% deposit within 24 hours of receipt of a confirmation from us, with the remaining 50% due on the date that is two weeks prior to the Delivery/Pick-up Time for your Order.

3.3 Orders for 'Nena Mini Cakes' and for 'Cupcakes' require payment in full at the time of purchase through our Website.

4. Postponements, cancellations and refunds

4.1 Deposits are non-refundable within six weeks prior to the Delivery/Pick-up Time for your Order, and non-transferable to new orders or other persons in any circumstance.

4.2 For 'Nena Mini Cakes' and 'Cupcakes', if you cancel your Order:

(a) before the date that is three-weeks prior to the Delivery/Pick-up Time for your Order, you will be entitled to a full refund of the purchase price;

(b) after the date that is three-weeks prior to the Delivery/Pick-up Time for your Order, but before the date that is one-week prior to the Delivery/Pick-up Time for your Order, you will be entitled to a 50% refund of the purchase price; and

4.3 Acceptance of any changes that you request to your Delivery/Pick-up Time for your Order will be at our absolute discretion and may be subject to additional fees.

4.4 We are unable to issue a refund for an Order that has been consumed (wholly or in part).

5. Traces of allergenic ingredients

5.1 Our products are manufactured on premises where other ingredients are processed. You acknowledgement and agree that your Order may contain traces of allergenic ingredients including but not limited to peanuts, tree nuts, milk and dairy, eggs, sesame, soy, fish, shellfish, sulphites and lupin.

6. Ownership of Content

6.1 Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content on our Website and used in connection with our products and services (Content).

6.2 While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to copy, reproduce, distribute, modify, or otherwise use any of the Content, or any part of our Website, for any other purpose.

7. Currency of Content

7.1 The Content is made available in good faith, and we will use reasonable endeavours to update the Content regularly. However, we do not warrant the currency, completeness, accuracy or any other aspect of any Content that is sourced from third parties (Third Party Content). Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law:

(a) our Website, the Content (including Third Party Content), and any Website-related products and services, are provided with no representations or warranties of any kind (whether express or implied);

(b) you assume all responsibility and risk for your reliance on any Third Party Content contained on the Website; and

(c) we exclude all terms, conditions and representations, express or implied, other than these Terms, in relation to your use of the Website.

8. Links to other websites

8.1 Our Website may contain links to third party sites (Links) over which we have no control. These Terms do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website.

8.2 We make no representations or warranties as to, and we are not responsible for, the currency, completeness, accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

8.3 Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.

9. Our liability

9.1 To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void (Non-excludable Obligations).

9.2 Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law:

(a) we exclude all liability to you for any indirect, consequential or special loss, damage, cost or expense incurred by or awarded against you arising from or in connection with your use of the Website (including any inability to use the Website) or any Content, or your Order for our products and services (as applicable), whether or not caused by our negligence; and

(b) subject to paragraph (a), where a supply under these Terms is a supply other than a supply for personal, domestic or household use our consumption, our total liability to you arising from or in connection with the use of the Website (including any inability to use the Website) or any Content, or your Order for our products and services (as applicable), whether or not caused by our negligence, is limited (where it is fair and reasonable for us to do so) to the resupply of the Content or other product or services the subject of your Order (as applicable).

10. Access from outside of Australia

10.1 The Website may be accessed from outside Australia. We make no representation that the Content or the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

11. Modifying the Website

11.1 We may modify, suspend or discontinue the Content or products and services available via the Website from time to time in our absolute discretion.

12. Changes to these Terms

12.1 We may change these Terms at any time without notice to you. You agree to be bound by and abide by the changed terms if you use this Website or place an Order with us after the terms have changed.

12.2 We may assign or transfer these Terms, in whole or in part, in our sole discretion. You are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorised assignment will be void and of no force or effect.

13. Governing Law

13.1 These Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

14. Enquiries

14.1 If you have any questions about these Terms, please contact us via email at cakesbythemess@gmail.com.

Last updated: 01 September 2024