TERMS AND CONDITIONS 

1. DEFINITIONS
   1. Client means the purchaser of the Goods.
   2. Delivery Date means the date agreed to by the Supplier and Client, on which the Goods will be delivered or available for collection.
   3. Goods means smash cake/s or other products provided by the Supplier.
   4. Order means the Client has accepted the Quote and the Supplier has agreed to supply the Goods on the agreed Delivery Date.
   5. Price means the total Australian dollar (AU$) amount of the Goods as per the Quote.
   6. Quote or Quotation means written details that the Supplier provides to the Client, in which Goods are offered at a stated Purchase Price and for a specific Due Date, under specified conditions.
   7. Recipient means a person that the Client is giving the Goods to.
   8. Supplier means Smash Cake Melbourne by Naughty Nush.
   9. Singular refers to plural and vice versa.

2. TERMS AND CONDITIONS
   1. All Goods made by the Supplier are subject to the following Terms and Conditions.
   2. Written acceptance of the Quote or payment (either a deposit or in full) is regarded as acceptance of the Terms and Conditions laid down in this document.
   3. The Supplier’s ability to provide the Goods by the Delivery Date is subject to confirmation, which will be provided as soon as reasonable after the Order is placed.
   4. The Supplier is not responsible for bodily injury, property or consequential damage, which may result from the Goods or the use thereof.

3. QUOTES
   1. Quotation Prices are valid for two (2) weeks from the date of issue, or an earlier date if specified.
   2. The Delivery Date is not reserved until the Quote is accepted and payment (of a deposit if agreed, or the full amount) is made.
   3. Acceptance of the Quote by the Client and confirmation of the availability of the Delivery Date by the Supplier turns the Quote into an Order.

4. PAYMENT
   1. Orders placed via the Supplier’s website require full payment prior to the Supplier commencing production of the Goods.
   2. Orders placed via email, phone calls or messaging through an app, require full payment prior to the Supplier commencing production of the Goods, unless otherwise agreed by the Supplier.
   3. A 50% deposit is required for Corporate or Bulk Quantity Orders, by the due date on the invoice, to confirm the Order, reserve the Delivery Date and for production of the Goods to commence.
   4. Any remaining balance must be received by the due date stated on the invoice, or an alternative date agreed to in writing by the Supplier.
   5. Goods will not be dispatched until full payment has been received.

5. POSTPONEMENT/CANCELLATION/REFUND POLICY
   1. If the Client requires a change in the Delivery Date, they must notify the Supplier as soon as possible. The new date must be within 6 months of the original date and will be subject to availability.
   2. If the Client cancels the Order, the following applies:
      1. If the Goods are made and the Client does not arrive to collect them or does not accept delivery of them, the payment is non-refundable and a credit will not be given.
      2. If cancellation is less than or equal to seven (7) days before the Delivery Date, the Supplier will charge an amount of fifteen percent (15%) of the Price, as well as all costs incurred including labour and material. The balance of the payment received will be refunded to the Client.
      3. If cancellation is more than seven (7) days before the Delivery Date, the Supplier will charge the amount of all costs incurred including labour and material. The balance of the payment received will be refunded to the Client.
      4. The Client can collect materials that have been deducted from the refund.
      5. The Client can choose to receive a credit note for the refund amount, rather than money. The credit note must be used within 12 (twelve) months of the credit note date and will be subject to availability.
   3. If the Supplier cancels the Order due to illness, death, accidents, Acts of God, other causes beyond the Supplier’s control, or any other unforeseen circumstance that affects the ability to fulfil the Order, the amount paid by the Client will be refunded within seven (7) days of notification to the Client. Liability for non-delivery will not exceed the Price of the Goods.

6. DESIGN
   1. If the Client orders the Goods based on an image of an item produced by another vendor, an exact replica will not be possible. The Supplier will produce the Goods using their interpretation of the inspiration image and as a result, there will be varying aspects in the design and finishes.
   2. Each item is handmade and even when producing Goods from the Supplier’s standard range, there can be slight variations.
   3. Small air bubbles may be present in the chocolate shell.

7. COLOURS
   1. Exact colour matches of any aspects of the Goods are not guaranteed.
      1. Colours can look different on each computer/phone screen.
      2. Items printed on different printers can have varying colours.
      3. White chocolate has a cream colour and this undertone can have an effect when colouring it.
      4. Edible Images are outsourced and the colours printed may vary from those on the Client’s screen or printed images.
   2. Ribbons used for packaging Corporate or Bulk Orders may not be exact matches to the Client’s logo or corporate colours as ribbon ranges are limited.

8. ALLERGY & DIETARY WARNINGS AND INEDIBLE ITEMS
   1. The Client is responsible for providing any allergy and dietary warnings when ordering the Goods.
   2. The Supplier takes care when producing allergy friendly Goods but cannot guarantee that the Goods are completely allergy free, due to cross contamination risks and traces of the allergens in pre-packaged ingredients.
   3. The Client is responsible for pointing out potential allergy hazards to guests. The Supplier accepts no responsibility for any allergic reactions.
   4. Some items such as candles and cake toppers are not edible. The Supplier accepts no responsibility if these items are eaten.
   5. Multiple-tiered cakes may contain a cake board between tiers for support. The board/s will be food safe but not edible. The Supplier accepts no responsibility if these items are eaten.
   6. The Supplier is not responsible for any damage or potential reactions caused by products added by the Client or a third party to the Goods after collection/delivery. This includes but is not limited to candles, cake toppers and fresh flowers. 

9. COLLECTION
   1. If the Client or a representative is collecting the Goods from the Supplier’s premises, a time will be pre-arranged.
   2. It is the responsibility of the Client to check the state of the Goods before leaving the Supplier’s premises. Once the Goods have left the Supplier’s premises, the Client is responsible to ensure that the Goods gets to its destination safely and is stored as per the Supplier’s instructions.
   3. The Supplier is not liable for any damage, accident, or mishap that may occur once the Goods are released from the care and custody of the Supplier.

10. DELIVERY
    1. The Goods will be delivered in a good condition. The Supplier is not responsible for any damage to the Goods after they have been delivered to the Client.
    2. If a specific delivery time is required on the Delivery Date, an additional fee may apply.
    3. The Supplier is not responsible for any delay or inability to deliver based on accidents, natural disasters, transportation issues, inclement weather or any other circumstance beyond the Supplier’s control.
    4. The Client, their representative or the Recipient must be present at the delivery location when the Goods are delivered, or risk passes to the Client if the Goods are left unattended.
    5. If the Client, their representative or the Recipient is not at the delivery location when the Goods are delivered, an attempt will be made to contact the Client. The following will apply:
       1. If the delivery person is required to wait for someone to arrive and accept the Goods, the Client may be charged a delay fee.
       2. If the instruction is to leave the Goods unattended, risk passes to the Client.
       3. If no contact can be made, the delivery person will leave the Goods at the most appropriate location, as determined at their sole discretion. Risk passes to the Client at this point.

11. STORAGE AND HANDLING
    1. Storage and handling instructions are available from the Supplier on request.
    2. The Supplier is not responsible for any damage to the Goods due to inappropriate storage or handling.

12. PUBLICATION
    1. The Supplier reserves the right to publish any images of Goods they have made. The images may be used for advertising or marketing purposes, via any media.
    2. Images will not be published before the Delivery Date. If the event is to take place at a later date and the Client would like to delay publication until after that date, it is the Client’s responsibility to notify the Supplier of the event date.

13. DISCLOSURE OF INFORMATION
    1. The Supplier will not disclose any personal information such as the Client’s or Recipient’s name, address, email or telephone number to any person outside of the company or the delivery company, unless the Client has authorised the Supplier to do so or unless required by law to disclose such information.
    2. Furthermore, under no circumstances will The Supplier sell or receive payments or services for disclosing the Client’s or Recipient’s personal information to any partner or external company.

Updated March 2023