COMMUNICAKE IT

PERSONALISE YOUR CAKE TOPPER TO MAKE YOUR EVENT TRULY UNIQUE

Wholesale: T&Cs

 
 

 

 

 

Terms & Conditions

Definitions

 

• "Customer” means the party named as applicant in this credit application

• "Goods” are items in an order, and include packaging and services

• "Order” is an order by your to purchase goods from Communicake it

 

1. THE AGREEMENT

This agreement is a contract between you and Communicake it (ABN 68 101 588 369). An agreement exists once Communicake it accepts an Order from you which occurs when your order and payment is accepted. 

 

The Customer agrees that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between Communicake it and the Customer.

 

These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.

 

2. PRIVACY

 

Our privacy policy, which sets out how we use your personal information can be found at Privacy Policy.

 

3. CUSTOMER APPLICATION

 

Accurate information – Information provided by you in your application must be accurate and complete. You must inform Communicake it if there’s a change to your details.

 

New Wholesale customers – Customer wishing to setup a wholesale account can apply by filling out the form (link). Please note, a number of conditions apply including a minimum order value of $450 (initial order) and $350 ongoing for wholesale customers.

 

4. ORDERS & DELIVERY

 

Communicake it will deliver the Goods to you at the Delivery Address within the time agreed with you.

 

Delivery address is the address where the goods are to be delivered as stated on the order.

 

As we cannot anticipate or control the conditions under which the goods we sell will be used, Communicake it and its associated entities cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation.

 

No goods will be supplied by Communicake it on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions.

 

Any times quoted for delivery of goods are estimates only and Communicake it is not subject to any liability whatsoever for failure to deliver or for delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or dispatch. Communicake it reserves the right to deliver in installments and each such installment is deemed to be sold under a separate contract. Failure to deliver any installment does not entitle the Customer to repudiate, rescind or terminate the contract.

 

All Goods must be checked on delivery. The Customer is deemed to have accepted any Goods delivered as being in conformity with the Customer’s order and merchantable quality unless the Customer notifies Communicake it in writing within 48 hours of delivery. For a credit note to be issued by Communicake it against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Communicake it is deemed as sufficient proof.

 

Communicake it assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver as a result of fire, strikes, accidents, war, embargoes, accidents, riot, or from any other cause which is unavoidable or beyond our reasonable control and if delays from such causes do occur our delivery period shall be correspondingly extended.

 

5. PRICING 

 

All prices and terms quoted by Communicake it are based on the cost prevailing at the date of quotation; such prices are subject to change due to seasonal and market variations. However, the price listed on the website is the price that you will be charged at the time of ordering. If an item becomes out of stock prior to delivery we will contact you by email or phone to let you know and will recommend an alternative where available. As we only debit your credit card after the order is picked we can also just subtract the cost of the item from your order.

 

6. PAYMENT

 

Payment is to be made within the agreed payment terms as indicated on the invoice and website. Unless otherwise nominated by Communicake it.

 

7. IMPLIED TERMS AND LIABILITY

 

Communicake it will use reasonable care and skill in providing the Communicake it online website for your use.

 

Communicake it acknowledges that, under applicable State, Territory and Commonwealth laws, certain conditions and warranties maybe implied in the contract between Communicake it and the customer and rights and remedies conferred upon the customer and other parties in relation to goods which cannot be excluded, restricted or modified by agreement ("Non excludable rights”). The limitations below are subject to those Non Excludable Rights;

 

Subject to the above, Communicake it disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on the customer or other parties, by statue the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded other than any Non excludable Rights

 

Communicake it’s liability is expressly limited to a liability to pay to the customer an amount equal to:

1) The cost of replacing the goods;

2) The cost of obtaining equivalent goods; or

3) The cost of having the goods repaired, where repair, such as re processing is an option, whichever is the lowest amount

 

Where so permitted the liability of Communicake it for a breach of a Non excludable Right is limited, at Communicake it’s  option, in the case of goods, to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods.

 

8. INDIRECT LOSS

 

In no event shall Communicake it be liable (whether before or after discharge of the contract or otherwise) for any loss or damage to the customer howsoever arising including any loss or damage arising from or caused or contributed to by negligence by Communicake it. 

 

9. CHANGE OF DETAILS

 

The Customer must immediately inform Communicake it in writing of any change of contact details, in the ownership operation, legal entity or structure of the Customers business or of any change in the information provided in this application. Until such notification is received by Communicake it, the liability for any unpaid amounts remains with the Customer as disclosed in the application.

The Customer must provide Communicake it with their ABN and be registered for GST. The ABN and GST registration must match the registered business name provided.

 

10. RETURNS

 

Returned Goods will not be accepted by Communicake it without Communicake it's prior authorisation. 

 

11. TERMINATION

 

Communicake it may terminate or suspend this Agreement at any time by delivering notice advising you that your shopping privileges have been removed. Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice. 

 

PROMOTION BY COMMUNICAKE IT
Communicake it will be entitled to market and promote the products and services provided by the Customer through various marketing channels. The parties acknowledge that it is at Communicake it ’s discretion to promote products and services of the Customer using the brand name of the Customer at such times and in such ways as Communicake it  thinks fit. 

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