Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Treat Cakes & Pastries. Throughout the site, the terms “we”, “us” and “our” refer to Treat Cakes & Pastries.
Treat Cakes & Pastries offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein.
These Terms apply to all users of the site, including browsers, customers, and contributors of content.
Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have the consent of a parent or legal guardian to use this site.
You must not use our products or website for any unlawful purpose or in breach of any laws applicable in New Zealand.
A breach of these Terms may result in immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone where permitted by law.
You understand that content (excluding payment information) may be transferred unencrypted across networks. Payment information is encrypted and processed via secure payment gateways.
You agree not to reproduce, duplicate, copy, sell or exploit any portion of the Service without our express written permission.
SECTION 3 – ACCURACY OF INFORMATION
We take reasonable care to ensure information on this site is accurate; however, the material is provided for general information only and may not always be current.
Any reliance on information on this site is at your own risk, subject to your rights under New Zealand consumer law.
SECTION 4 – PRICES AND SERVICE MODIFICATIONS
All prices are listed in New Zealand Dollars (NZD) unless otherwise stated.
Prices and products are subject to change without notice. Changes will not affect orders that have already been accepted.
We may modify or discontinue the Service (or any part of it) at any time.
SECTION 5 – PRODUCTS
We sell freshly prepared baked goods, cakes, pastries and related food items.
Because our products are perishable, refunds or replacements are handled in accordance with our Refund Policy and New Zealand consumer law.
Product images are indicative only. Actual products may vary slightly due to handmade preparation.
We operate in compliance with the Food Act 2014 and applicable food safety regulations.
SECTION 6 – ORDERS AND BILLING
When you place an order through the website, you are making an offer to purchase. We reserve the right to accept or decline that offer at our discretion.
A contract is formed only once we have accepted your order and issued an order confirmation.
We may refuse or cancel an order where a product is unavailable, there is an error in pricing or product information, or we reasonably suspect fraudulent or unauthorised activity.
If payment has already been processed and an order is cancelled, a refund will be issued to the original payment method.
You agree to provide current, complete and accurate purchase and account information so we can process your order and contact you if required.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools which we do not monitor or control. These tools are provided “as is” and “as available”.
Your use of third-party tools is at your own risk and subject to the terms of the relevant provider.
SECTION 8 – THIRD-PARTY LINKS
Our Service may contain links to third-party websites. We are not responsible for the content, accuracy or practices of third-party sites.
SECTION 9 – USER COMMENTS AND FEEDBACK
If you submit comments, suggestions or other content, you grant us the right to use that content without restriction.
You must not submit content that is unlawful, defamatory, misleading or infringes the rights of others.
SECTION 10 – PRIVACY
Your personal information is handled in accordance with the Privacy Act 2020 and our Privacy Policy.
SECTION 11 – ERRORS AND OMISSIONS
Occasionally there may be errors or omissions relating to product descriptions, pricing or availability. We reserve the right to correct such errors and cancel affected orders, subject to your statutory rights.
SECTION 12 – PROHIBITED USES
You must not use this site in any way that breaches New Zealand law, infringes intellectual property rights, or interferes with the security or operation of the website.
SECTION 13 – WARRANTIES AND LIABILITY
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
To the maximum extent permitted by law, our liability is limited to, at our option, re-supplying the goods or refunding the price paid.
We are not liable for indirect or consequential loss where such liability can lawfully be excluded.
SECTION 14 – INDEMNITY
You agree to indemnify Treat Cakes & Pastries against any loss or claim arising from your breach of these Terms or your unlawful conduct.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us. We may suspend or terminate access to the Service if you breach these Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with our policies, constitute the entire agreement between you and Treat Cakes & Pastries regarding use of this website.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of New Zealand, and New Zealand courts have exclusive jurisdiction.
SECTION 19 – CHANGES TO TERMS
We may update these Terms from time to time by posting an updated version on this website. Continued use of the Service constitutes acceptance of the updated Terms.
SECTION 20 – CONTACT DETAILS
Treat Cakes & Pastries
Email: treatcakesandpastries@gmail.com
Address: 47/41 Cameron Street, Whangārei 0110, New Zealand
Phone: 021 049 1632