Terms and Conditions

General Terms and Conditions of Trade

Cake Collective Ltd – general terms and conditions of trade

1. Our contract with you, the customer

All orders by you, the customer, for supply of goods are subject to these terms and conditions unless varied in writing and signed by both parties. Once an order has been placed your order is considered firm and there will be a contract between us.  The contract will end upon satisfactory receipt of goods.

2. Payment

The price for our cakes is payable as follows:

• Web order cakes: in full at time of order
• Bespoke cakes under $110: in full at time of order
• Bespoke cakes over $111:
• 50% of the total cost (including delivery charge) upon your acceptance of our price
• The balance of the total cost is payable 7 days prior to delivery

 

 The price for our wedding cakes is payable as follows:

•  Wedding cakes ordered via our website are payable in full when you order online.

• When ordering a bespoke wedding cake following a consultation, we ask for a 50% deposit of the total cost (including delivery charge) upon your acceptance of our quote.

• The balance of the total cost is payable no later than 14 days prior to delivery

 

3. Cancellation

You may cancel a cake order at any time provided the cancellation is made by the person who placed the order, or another person authorised to act on their behalf, and is communicated to us in writing. As this incurs administrative costs, lost business and impacts on our commitment to other customers, we will apply cancellation charges as follows: 

Days before delivery/collection date & cancellation charge (percentage of total price)

 

14 days or more will be 10%

 

7-13 days will be 20%

 

6 days or less will be 50%

 

We may also apply cancellation charges and terminate our services if you fail to pay us on the due dates given under clause 2 or if you become insolvent, appoint a liquidator receiver or administrator, or propose a voluntary agreement with your creditors.

We reserve the right to apply an administration fee of $20 for any cancelled cake orders.

We reserve the right to offer store credit to the same value, if the situation warrants it and it is solely at our discretion.

4. Force majeure and liability

If we are prevented from performing our services and delivery by circumstances beyond our control, including but not limited to strikes, accidents, acts of God, national or local disasters, damage to premises, weather, infectious diseases or similar events, then we will cancel the order and refund to you the amounts already paid and we will have no further liability to you.

5. Food allergies

We offer a range of cakes made with gluten free sponge and can also cater for vegans, however, all our cakes are baked and decorated in an environment where nuts & flour are present. Unless specified otherwise cakes may contain NUTS (Pecan, walnut, almond, hazelnut, Brazil nut), MILK, EGGS, WHEAT, SOYA, GLUTEN, LUPIN &SEASAME SEEDS. Food allergy information is available on request. We cannot be responsible for any incidents involving personal food allergies.

6. Complaints

In the unlikely event that you have a complaint about your cake, please inform either The Cake Collective delivery driver or a member of the shop staff so that we may have the opportunity to resolve matters immediately. If any problem cannot be resolved at that time, then please return the cake in question so we can investigate ourselves. Accordingly it is a term of our agreement with you that we cannot entertain complaints made after 5 days as we are deprived of the opportunity to investigate any facts that you may complain of.                                                                                              Any legal claim you bring will be limited in value to the total cost of the cake and in respect of which any complaint is made.

7. Delivery 

• We offer a local delivery service, as well as a nationwide fragile services delivery for our portable products. We will take all possible care to ensure your cake arrives undamaged if being delivered by one of our delivery team, however please refer to clause 6 of our general terms and conditions of trade in the event of any complaints due to damage caused by delivery. We use a fragile courier service for our portable items and provide special packaging to minimise the risk of damage in transit. Due to third party involvement, we cannot accept liability if our products are damaged in transit when delivered by courier, however, in the unlikely event that your order is damaged, please contact us to discuss options. Any refunds provided will be limited to the total cost of the product purchased, not including postage.
• We deliver between 9.30am and 3.30pm Tuesday to Saturday, excluding NZ national Holidays. You can indicate at the time of order your preferred delivery time, we cannot guarantee exact times however. We may deliver at any time during these delivery windows.
• We highly recommend that you receive delivery of your cake yourself, but in the event that you request for your cake to be left in a safe place or with a neighbour, please make this clear at the time of order. We cannot accept responsibility for any damage or losses caused as a result of this.
• If we cannot leave the delivery safely, it will be returned to the CakeCollective shop and will need to be collected. If you request redelivery, there will be an additional delivery charge applied, to be paid before redelivery.

 

8. Hire of equipment

The hiring of equipment, including but not limited to cake stands, will require a hire charge plus a deposit. It is the responsibility of the hirer to return the equipment to Cake Collective.

9. Availability

All orders are subject to acceptance and availability. We reserve the right to cancel your order in the event that:

a) we experience supply chain issues outside of our control resulting in insufficient stock to deliver the goods you have ordered;

b) we are unable to deliver to your area; or

c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error.

If we do cancel your order we will notify you and refund any sums paid as soon as possible but in any event within 30 days of your order. In the event of a pricing error you will be given the opportunity to reorder at the correct price.

10. Collection & acceptance of orders.

Upon collection from the shop, we are no longer liable for damage caused by poor transport, excessive temperatures and mishandling of the cake. We give all relevant advice before you leave the shop with the cake, and it is then your responsibility to follow these. We offer no refunds for damage caused after it leaves the shop.

11. Jurisdiction

These terms and conditions are governed by NZ consumer Law.