Terms of service

Overview

Cake In A Box is a Trademark of Cake In A Box Pty Ltd. (ACN: 631808190). By accessing, browsing or using this website, you agree to the conditions and terms stated.

Cake In A Box™ may amend these conditions and terms from time to time and any amendment will become effective immediately.

All material on this site, including, but not limited to images, logos and illustrations, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Cake In A Box™. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us (including, but not limited the resell or cakes, cupcakes, giftboxes, brownies, florals, add-ons, balloons or toppers).

Delivery and Cancellations

We deliver to the majority of the Sydney Metropolitan Area (only).

Standard delivery takes place Monday to Saturday (and some special occasion Sunday’s)  generally between 8:00am to 4pm on the delivery day selected. (A specific time can not be requested)

Same Day delivery takes place Monday to Friday generally between 2:30pm to 8pm on the delivery day selected. (A specific time can not be requested)

Cake In A Box™ requests that the recipient be available to receive the delivery on the day of delivery. If no one is available to accept the delivery, the customer gives Cake In A Box the “authority to leave” which means the box will be delivered outside the residence and or workplace (only if it safe to do so). Cake In A Box does not take responsibility for orders left unattended and which become ‘melted’ or ‘compromised by insects’. It is the customer’s responsibility to ensure that the cake is collected and consumed and/or refrigerated.

The customer is communicated to before, during and after the delivery process. ((1)Before: Invoice, which states the delivery date, (2) During: E-mail and SMS – which states when the product has been picked and estimated ETA and live tracking and (3) After: Logistics portal – Proof of delivery including photograph and/or signature of recipient.

Whilst every effort is made to adhere to the above delivery schedule, we use external couriers for all our deliveries, and occasionally situations arise which are out of our control resulting in slight delays. We cannot accept responsibility for these unfortunate events but assure you that every effort is made to ensure your goods arrive on time and in perfect condition.

Should the delivery address supplied by the customer be incorrect or insufficient details (including contact details) are provided, Cake In A Box™ cannot accept any responsibility. It is the obligation of the customer to supply accurate details at the time of order.

We accommodate changes to orders; however, we require 48 hours from the delivery date in question to review, approve and confirm requested changes.

If you have made an order, would like to make a change, and your cake won’t be delivered for another 48 hours, please make contact with us at info@cakeinabox.com.au quoting your reference / invoice number.

 

Refunds, Cancellations & Change of Mind Policy

Order Changes – Product(s), Delivery Address and / or Delivery Date.

We understand that circumstances and plans can change and we try to make life a little easier by accommodating change requests in a timely manner and where possible, free of charge.Use our contact us page to make a formal change request and the Cake In A Box team will be in touch with a response, including changes made, possible options or if the request is not possible or will incur additional fees.Some examples of where a change request will incur fees include:

    • The product has already been made or dispatched
    • The change is for a product or delivery service with a greater value than the original you paid for.

Cancellations: A cancellation can and must be requested by using the contact us form or replying to your order confirmation email and are subject to the following fees & conditions:

    • 48 hours+ from 9am the morning of delivery: The full amount can be issued as store credit to be used on the cakeinabox.com.au at a later date
    • 24-48 hours from 9am the morning of delivery: The full amount (minus a $10 admin fee) can be issued as store credit to be used on the cakeinabox.com.au at a later date
    • Less than 24 hours from 9am the morning of delivery: Unfortunately, a cancellation will not be possible at this late stage. Depending on a number of factors, including but not limited to whether your product has been made, a partial credit may be issued which can be used on the cakeinabox.com.au website at a later date. This will be decided by Cake In A Box™ management on a case by case basis.

Cancellations cannot be granted for Same Day delivery orders due to the fact that products are made, packaged and ready for dispatch very shortly after an order is placed.
Cancellations – method

    • Your order amount (minus any applicable administration fees) will be issued to you via email and will be associated to your email address for future use on the cakeinabox.com.au website. Store Credit will generally be processed within 24 hours but can take upto 72 hours.

 

Refund Procedure – Delivered Orders

If for any reason you are not satisfied with our products or service please contact us within 24 hours of receiving your Cake In A Box using our contact us page. Please provide a detailed account and photos where possible. The team will assess your claim and determine if a refund is warranted. Additional details / images may be requested at this stage, but we endeavor to respond to your email within 48 hours of receiving it.

Refund Method – Delivered OrdersStore credit is the only refund method applicable where delivered orders are concerned. They will be provided as a coupon code and will be associated with the customer’s email address for security.

 

Products

Product design (including decorative features such as chocolates, buttercream, roses etc), colours and flavours may vary from images supplied on our website at the discretion of Cake In A Box™ (subject to availability).All substitutions are of similar quality and value.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

All our products may contain or contains Milk, Dairy, Soy, Eggs, Nuts and Gluten.

We’re not a NUT-FREE business.

Nuts or traces of nuts can be found in most of our products.

All ingredients are listed on our website and we encourage you to review them before purchasing.

Our products and services attract a Goods and Services Tax (GST) of 10%. All prices advertised are inclusive of GST.

Liquor Information

Any alcohol featured on our Cakes are designed to be delivered as a genuine gift to a person and does not exceed two litres. The gift is packaged and presented in such a manner that it is taken to be a gift with the cake. The gift can only be ordered by an adult and delivered to another adult who is not the purchaser. For all gifts with alcohol included, please ensure that the recipient is aged over 18 years and is available to receive the delivery (Proof of Age may be requested in certain circumstances).

Gift Cards (E-vouchers)

HOW DO I USE MY E-VOUCHER TO PURCHASE ONLINE

  • E-Vouchers can only be used to purchase products online at  www.cakeinabox.com.au.
  • You can combine your E-Voucher payment with other online payment methods. Please ensure that you enter your E-Voucher details first.
  • You can use your E-Voucher as many times as you want until the balance reaches zero.
  • We will not refund cash for any unused E-Voucher amount.

E-VOUCHER TERMS & CONDITIONS OF USE

The E-Voucher issuer is Cake In A Box Pty Ltd (ACN: 631808190). And refers to E-Vouchers purchased online at  www.cakeinabox.com.au only. A lost, stolen or altered E-Voucher will not be replaced, refunded or redeemed. Once purchased and emailed to the recipient email you provide, the E-Voucher is: redeemable for products purchased online at  www.cakeinabox.com.au. It is not redeemable for cash and is not a negotiable instrument; not able to be reloaded; partially redeemable. E-Vouchers expire three years after the issue date or until no amount remains on the E-Voucher (Extensions on the expiry date cannot be granted). Cash, refunds or credits will not be given for any unused amount after the E-Voucher expires.

  • Any promotional or discount vouchers issued by Cake In A Box™ from time to time cannot be used to discount the purchase price of a gift card.
  • Gift Card (eVouchers) cannot be used to as a payment method to purchase additional Gift Card (evouchers)

Your Copyright

  • Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to Cake In A Box™ upon placing an order. We reserve the right to terminate your order for breach if this representation and warranty is incorrect.
  • We claim no ownership rights in any Content you submit to our website. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill orders for Products made using your images and photograph, you grant to us and to our Agents and Contractors, a perpetual, Australia-wide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute any Content (including images or photographs) submitted by you to our website in such manner as we and our Agents and Contractors consider reasonably necessary solely for the purpose of operation of the fulfilment of your order or incorporation of that image or photograph into that Product and fulfilling that Order.
  • You agree that we and our Agents and Contractors cannot control the use of your Content (including images or photographs) by third parties and will not be held liable for any use, publication or copying of your images and photographs by any such third parties. You agree that you will not take any legal action or make any claim against us or our Agents and Contractors in respect of any such use, publication or copying by third parties.
  • We may from time to time use images of finished products that make use of your uploaded image for the purpose of marketing and social media. If you do not want your image used in such a way, please e-mail us and inform us upon placing your order, quoting your order number.

Intellectual Property Rights

  • You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Cake In A Box Pty. Ltd., or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
  • Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Cake In A Box Pty Ltd. makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
  • You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our the prior written consent, or, in the case of third party material, from the owner of the copyright in that material.
  • You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
  • If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
  • Any intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to the website and Service, are owned by us, Cake In A Box Pty. Ltd or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.
  • Nothing contained on the website is to be interpreted as a recommendation to use any information on the website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on the website will not infringe such intellectual property rights.
  • You should assume that all of the content made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. You may view the website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the website or commercialise any information obtained from any part of the website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
  • Any trademarks, trade names or logos displayed on this Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
  • You agree not to alter or remove any information, consent or other proprietary notice or legend on any of the Content, unless you are the owner of the intellectual property rights in that Content.
  • We reserve the right to terminate your order if you breach this clause.

Your Infringement of Intellectual Property Rights

    • We respect the intellectual property rights of others. Subject to clause 24(b), if we receive a written complaint alleging copyright infringement by a customer of Cake In A Box Pty Ltd, we may refer the complaint to the customer concerned. It is the customer’s responsibility to resolve any such complaint.
    • The procedures included in clause ‘Your Infringement of Intellectual Property Rights’ may be adopted by us in our sole and absolute discretion and nothing in clause limits our rights under these Terms.
    • If any person makes any claim against us or our Agents and Contractors, claiming that any of the Content you submit to the Service, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our Agents and Contractors against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.

Mobile Message Service Terms and Conditions

Last updated: 18/10/2021

The Cake In A Box™  mobile message service (the “Service”) is operated by Cake In A Box Pty Ltd. (“ Cake In A Box™ ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Cake In A Box™ SMS/text messaging service, you agree to receive recurring SMS/text messages with service messages, including:  updates, alerts, and information (e.g., order updates, account alerts, etc.)  and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of Cake In A Box via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Cake In A Box™. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel.  You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Cake In A Box™ mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email info@cakeinabox.com.au

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://cakeinabox.com.au/privacy-policy/