Terms and Conditions
(the “Site”) is operated by Fiona Brett-Robertson trading as "Poppy's Kitchen Cakes and Cheesecakes” or “We”). When you use the Site, you agree to the terms and conditions that follow. These terms and conditions also govern the supply of any goods to you (the "Client") by Poppy's Kitchen Cakes and Cheesecakes whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by Poppy's Kitchen Cakes and Cheesecakes is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by Poppy's Kitchen Cakes and Cheesecakes.
Any failure on the part of Poppy's Kitchen Cakes and Cheesecakes to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes.
Terms of Payment
By placing an order, you confirm that the details contained in the order are correct in all respects. A contract between you and Poppy's Kitchen Cakes and Cheesecakes is only formed when we receive your payment and send you a confirmation email that your order and payment has been received and accepted.
Dates are only reserved for customers who place a 50% (of total order cost) non-refundable 'save the date' deposit. Priority is given to whomever places a deposit first (regardless of whom first enquired).
Full payment must be made one month before the pickup or delivery date. No work will commence until full payment is received based on the agreed quote and confirmed design details. Any changes to the design after the initial quote may result in additional charges which will be discussed at the time of the change request.
Quotes given are valid only for two weeks from when the quote was provided. We reserve the right to amend the quote as and when required.
A summary of the design is typically detailed in the invoice provided. It is the responsibility of the client to ensure all details are correct and all required details have been captured. Poppy's Kitchen Cakes and Cheesecakes reserves the right to amend designs as required for structural, proportion, style or other reasons without prior consultation with the client.
All marketing representations contained on Poppy's Kitchen Cakes and Cheesecakes website, social media, email or other medium are for illustrative purposes only do not form part of the Contract.
Alterations and Changes
Any amendments to the agreed design must be made in writing and made no less than 4 weeks prior to the delivery/pickup date.
Final product is subject to the availability of ingredients, other product materials and/or equipment. Poppy's Kitchen Cakes and Cheesecakes reserves the right to substitute these items without prior consultation with the client, however prior consultation will occur where possible.
Delivery Conditions and Storage Required
Products can be collected directly or delivered to you at a requested address. Delivery must be arranged before provision of the invoice and fees and charges apply.
It is the responsibility of the client to ensure that the client or a representative is available to collect the product at the agreed time and location. Fees and charges apply if redelivery is required. Any consequence to the product as a result of the client or a representative not being available at the agreed time and location is the responsibility of the client.
It is the responsibility of the client to ensure the products are stored as per the recommended storage instructions if provided. Products are best consumed within 12 hours from collection/delivery and to pre-consumption instructions if provided.
Poppy's Kitchen Cakes and Cheesecakes does not warrant the length of time for which the product will remain fit for consumption.
Act of Nature
Neither we, nor any delivery service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Deposits and and any payments made by clients are non-refundable.
We reserve the right to cancel orders at any time. Payments already made by the client will be refunded in full should we cancel the transaction/order.
A refund for any issues other than cancellations, as well as any other complaint, not covered by the Australian Consumer Law and Fair Trading Act will be subject to our customer service policy with remedies at the discretion of Poppy's Kitchen Cakes and Cheesecakes.
We take all complaints seriously. If you experience any problem with a product, complaints must be made within 1 day of receipt of the product and part or all of the product may have to be returned to investigate the complaint.
All products are produced in a nut and gluten and other allergen facility. All products may contain traces of these items.
All products may contain gluten, eggs and dairy products, may not be suitable for those suffering from intolerance or food allergies. Poppy's Kitchen Cakes and Cheesecakes will not be held responsible for consequences arising from consumption of the products. It is the customer's obligation to inform Poppy's Kitchen Cakes and Cheesecakes in a written form of any dietary requirements prior to provision of invoice. Non-edible items may be used as decorations or packaging for the products. It is the client's responsibility to ensure that any non-edible items are removed prior to consumption.