Terms and Conditions
www.thedessertatelier.com.au (the "Site") is operated by The Dessert Atelier (ABN 41 642 488 361) ("The Dessert Atelier” 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 by The Dessert Atelier 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 The Dessert Atelier is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and separate discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by The Dessert Atelier.
Any failure on the part of The Dessert Atelier 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 can’t be enforced or is invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
The Dessert Atelier reserves the right, at their complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is the customer’s responsibility to check periodically for any changes The Dessert Atelier may make to these terms and conditions. Continued use of this site following the posting of any changes to these terms and conditions means the customer accepts the changes.
The Dessert Atelier has sole discretion to accept or reject any order or any variation or modification of an order. The Dessert Atelier has sole discretion to accept or reject any order cancellation request. The Dessert Atelier expressly reserves the right to cancel and/or refund any order placed and/or paid for.
Any price indications or price lists provided by The Dessert Atelier are subject to alteration at any time without notice. All prices are in AUD.
All our boxes may contain nuts, gluten, egg, citrus and dairy or traces of the before-mentioned. If there are any specific dietary requirement please contact us BEFORE placing an order, and we can do our best to accomodate.
Product design, colours and flavours may vary from images supplied on our website by discretion of The Dessert Atelier. We reserve the right to substitute products of equal or greater value.
The Dessert Atelier does not take any responsibility for the content on any messages sent from a sender to a recipient. Messages are not altered or censored by us and are sent as requested by the sender.
Any alcoholic beverages featured in our dessert boxes are designed to be delivered as a genuine gift to a person and does not exceed two litres. The gift can only be 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.
The Dessert Atelier deliver dessert boxes on business days between 8:30am and 6:00pm AEST. Unfortunately, The Dessert Atelier cannot guarantee specific delivery times, even when requested by customers. This is due to our driver’s workload, route schedules, traffic and unforeseeable events.
The Dessert Atelier will make all reasonable efforts to have dessert boxes delivered on the date requested, and within the timeframe requested. However, The Dessert Atelier shall only be liable for failure to deliver in circumstances where they are at fault for the serious delay.
If there is a slight delay in delivering your order, you are not entitled to a refund. We do the best that we can to ensure reasonable delivery.
Ideally the purchaser has arranged a day of delivery and location where someone (ideally the recipient) is be available to take receipt of the dessert box. If someone is not available to accept delivery and the driver deems it safe to do so (unless otherwise advised at time of purchase by the purchaser), the dessert box will left at the the premises (i.e. doorstep or other safe and visible place).
If this is not an option, or if you specify (at time of sale) that you do not wish the box to be left, then we will redeliver the box the next day pending payment of a $19 re-delivery fee (for FREE delivery zones) plus any additional delivery surcharges.
CHANGE OF ADDRESS
If you need to change or amend the delivery address for your order, you must notify us in writing the day before your scheduled delivery.
If you fail to notify us the day prior, and simply notify us the day of your scheduled delivery, we will make every attempt to accommodate this change. However we cannot guarantee delivery to the new address. Should our delivery driver need to reroute to somewhere else, an additional fee will be charged.
If the information you provide to The Dessert Atelier is incorrect or incomplete, we will charge a fee up to $19.00 for redelivery.
Please note that if an incorrect address is provided to us, we cannot be held responsible and therefore do not offer refunds for these orders.
If we cannot access a property to deliver an order (for residential deliveries), we will always try and call the purchaser to discuss. Should we be unable to make contact, or clear instructions are not provided, we reserve the right to charge a redelivery fee.
Phone numbers of recipients for apartments or gated complexes should always be provided.
For delivery to businesses, if the person is not at work or has left early, we will endeavour to leave the dessert box with someone and attempt to notify the purchaser.
If we cannot leave the dessert box with someone at the business address, we will charge a redelivery fee to deliver on the subsequent business day.
REFUNDS & RETURNS
We confirm that in the unlikely event that there is a problem with your order we will refund your purchase in full if we are unable to come to an agreed solution for redelivering your purchased products. To be eligible for a refund, the issue must be at the explicit fault of The Dessert Atelier, for example:
- If the order is delivered after 6.30pm on the scheduled delivery date;
- If The Dessert Atelier incorrectly records the recipient or delivery address details; and/or
- If there is any other unexpected issue for which The Dessert Atelier is clearly at fault.
However, if incorrect information is submitted by the purchaser or there is a problem with delivery at fault of the purchaser, The Dessert Atelier will not be held responsible if the order is not fulfilled.
Once orders have been placed, we do not offer refunds for cancellations. However, you can amend the delivery receipt details up to 24 hours prior to the scheduled delivery date.
Your use of the Site is at your sole risk. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. The Dessert Atelier does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
The Dessert Atelier expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. This also includes any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you understand and agree that neither The Dessert Atelier nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
CONTENT AND COPYRIGHT
All content on this site, including but not limited to graphics, images, artwork, logos, trademarks, audio, text and video is owned or licensed to The Dessert Atelier. All content contained on this Site is exclusively protected by copyright and other laws governed in Australia and Internationally. No part of this website may be copied, reproduced, republished, uploaded, posted, publicly displayed or distributed in any way, unless with The Dessert Atelier's written and legal consent.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with The Dessert Atelier. The Dessert Atelier is in no way responsible for any content appearing on such an Internet site or webpage. The Dessert Atelier also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of reliance upon the materials which appear at the linked Internet sites or webpages.
The Site is operated by The Dessert Atelier in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.