1.1 In these Sales Terms:
“Company” means Cake Lingerie Pty Ltd, trading as Cake Lingerie (ABN 89 124 033 807) or Cake Maternity (also referred to as ‘we’, ‘us’ or ‘our’).
“Customer ” means the purchaser of Goods from the Company (also referred to as ‘you or ‘your’).
“Goods” means all products sold and/or delivered by us to you.
“Terms” means these terms and conditions of sale below.
2.1 These Terms apply to all purchases of products from you, made from this website available at ‘www.cakematernity.com’.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on us unless confirmed by us in writing.
2.3 You acknowledge that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to these goods or the sale of the goods other than as contained in these Terms.
2.4 Products sold to you by us are for personal use only & may not be on-sold or re-sold to any third part without or agreement.
3.1 You agree to pay the purchase price at the time of your order, including any freight, insurance & duties that may be applicable when we ship to the country of your choice.
3.2 All Prices are quoted inclusive of GST, VAT and Taxes where applicable in your country of shipping.
4.1 Payments are to be made to us using one of the payment methods offered to you on the Site.
4.2 Only orders with a payment made will be considered as complete. No goods will be delivered without a complete payment and your order may be cancelled should a successful payment not be received.
5.1 All purchases are subject to availability. Whilst we do our very best to show you stock that is representative of our inventory, there can be discrepancies on occasion.
5.2 In a situation we are unable to fulfil your order, we will contact you via email and/or phone, to offer you a suitable alternative, refund or back order. Any alternatives or refunds will be to the maximum value of the amount paid (including any delivery charges) by your in this order.
6.1 We dispatch to a significant list of countries worldwide, within 24 hours (on NSW, Australia business days) of receipt of your orders.
6.2 The cost of delivery is stipulated on the site and will not be refundable, even in the case of a returned order.
6.3 Delivery costs include transportation costs only and do not include import or customs duties, levies, taxes or any liabilities that may be applicable in any destination country.
6.4 We use 3rd party delivery partners and do not accept and expressly exclude liability for any delivery delays or delays due to duties, taxes or levies that may apply in any destination country.
6.5 All deliveries must be signed for unless you have waived this requirement at the time of your order on our site. You must within 5 days of being notified of the availability, collect (your local courier depot or post office) or accept delivery of the Goods. Failure to accept the goods within the 5 days, may result in termination of your order with the return costs deducted from your original payment.
7. Risk and Insurance
7.1 The title in the Goods will pass to you upon delivery to your nominated address or local courier depot or post office. Risk of loss, damage or deterioration will pass to you upon delivery to your nominated address or local courier depot or post office too.
8. Statutory Law, Return, Refund and Exchange Policy
8.1 We warranty our products and services as per the Australian Consumer Law in the Competition and Consumer Act 2010.
8.2 We offer replacement or repair of the Goods or the supply of equivalent Goods; or payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
8.3 Our liability for the goods is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties by law, custom or statue except for your statutory rights.
8.4 We have a 30-day return, exchange or refund policy. Please contact us and send the goods back in their original condition. They must be unworn, unwashed and include their original garment tags. Refunds will only be made to the payment method originally utilised by you at the time of payment for the goods. Exchanges can be made for size or style provided the replacement value is the same as your original purchase.
9.1 You indemnity us against all law suits, claims, demands, actions, liabilities, expenses and costs (including legal costs) resulting from your breach of these Sales Terms. You will cooperate with us, and the relevant authorities (at your cost) in the handling of disputes, complaints, investigations or litigation that result from the use of our product and services.
10.1 Force Majeure – Our inability to perform our obligations under these Terms of Sale will not have us held liable should the conditions be out of our reasonable control.
10.2 Privacy – We take your privacy seriously and will continue to put in place measures to secure your privacy in accordance with the Australian Privacy Act (1988).
10.3 Accuracy – We aim to keep the information as presented on our site accurate and correct at all times. You acknowledge that mistakes can occur and we exclude any liability for an misrepresentation, inaccuracy or errors, which we exclude from liability to the extent permissible by law.
10.4 Termination – We reserve the right to stop supply or fulfil your order/s on this site, should we suspect or have proven the illegitimacy of you purchase, which includes, purchase for a competitor, on-selling or for re-selling purposes.
11. Governing Law
11.1 These sales terms are governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales in respect of any dispute arising.
11.2 We make no representation of the Site complying with the laws of countries other than that of Australia. If you access the site from overseas, you do so at your own risk and are responsible to comply with the laws from where you access this site.
For questions or clarification, contact us;
Cake Lingerie Pty Ltd (ABN 89 124 033 807)
Last Updated – 27th Jan 2018