Last updated: December 9, 2022
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://sweetdevotion.com.au website (the “Service”) operated by Brightside WW (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Terms of Service
- A non-refundable retainer of 100% of the total cost (if under $500) or 50% (if over $500) is required to consider an order booked. This payment must be made in order to secure the customer’s position in Sweet Devotion’s schedule. By submitting your payment/retainer/deposit, you are acknowledging Sweet Devotion’s terms and conditions and agreeing to them. Once payment is submitted, your order is considered “under contract”.
The remaining balance will be due NO LATER than 4 weeks before the delivery date for weddings and large events and 2 weeks before the delivery date for all other orders.If the final payment is not made on time, we reserve the right to cancel your order. - Clients may apply any refund amount to a future order if they so choose in the event that their order was cancelled by Sweet Devotion or they themselves cancelled the order, minus the cost of any supplies that Sweet Devotion already purchased for your order that can not be reused.
- Rescheduling of an order may be done ONLY if the new date is available and the request is not made any less than 4 weeks prior for weddings and large events and 2 weeks for all other events from the date needed. One complimentary date change will be allowed, free of charge, if outside of the minimum rescheduling date for your order. If a second (or more) date change is required, there will be an additional $50 fee per change.
- If a client’s order is cancelled by Sweet Devotion for any reason such as illness, accident, personal emergencies, etc., a 100% refund will be issued to the client. If the client is forced to cancel due to unforeseeable situations such as a natural disaster or any other instances out of Sweet Devotion’s control, no refund or a partial refund may be issued at Sweet Devotion’s discretion. Any refund amount may be transferred to a future order.
- If fresh flowers will be provided by an outside vendor (NOT Sweet Devotion), it is the responsibility of the florist to determine flower safety and safe food practices. If Sweet Devotion provides the floral arrangement for the order, we guarantee food-safe options. If an outside vendor is deemed responsible for any of the cake materials, such as flowers, Sweet Devotion cannot be held liable for any mishaps in relation to that outside vendor. If an outside vendor is being used, be sure to provide Sweet Devotion with all contact information to ensure clear communication.
- Ingredients, facilities, and machinery may come in contact with nuts, dairy, eggs, gluten, wheat and/or soy products. It is the customer’s responsibility to inform Sweet Devotion of ALL food allergies. If there is a food allergy, Sweet Devotion promises to do its best to prevent any cross-contamination but is not liable for any reactions to allergens.
- Sweet Devotion uses all appropriate sanitary standards to ensure your order is safe for consumption. This includes any new and changing guidelines regarding Covid-19.
- Delivery fees are based on mileage and are subject to change with the fluctuation of fuel costs. There are additional fees associated with setting up on location when necessary.
- The Client shall provide clear directions to the desired delivery location and inform Sweet Devotion of any adverse road conditions, detours, hazards and/or obstacles that may damage the finished cake. An adult (18+) must be present to receive your order. Please inform Sweet Devotion ASAP of any scheduling difficulties regarding the delivery time of your order. If a customer is not available within 30 minutes after a scheduled delivery time, the order will be returned to Sweet Devotion’s kitchen and it will become the customer’s responsibility to pick up or pay additionally for another delivery attempt. No refunds will be provided in this instance.
- The client agrees that once the order has been delivered/picked up, Sweet Devotion is no longer responsible for the condition of the item. Sweet Devotion is not liable for any damage that occurs after the order has been transferred to the Client. Specific care instructions will be provided in order to ensure the safe transport, display and storage of the order, as well as the best methods for maintaining freshness. Please be sure to discuss cake display plans with Sweet Devotion prior to pick up or delivery.
- All reference images provided are to be considered *inspiration only* for an original cake design. Your final product will not be an exact match to the photos provided. Sweet Devotion does not plagiarise or copy other artists’ work. We do not guarantee design or colour matching based on photos. If exact colour matching is important, please provide a physical swatch.
- Please be informed that most of Sweet Devotion’s cakes do have support dowels inside of them. These supports can be potentially hazardous if your face is smashed into them. Please remove all decorative items prior to serving. We do not put supports or hazardous items in or on “Smash Cakes” intended for small children. Although all fondant/sugar paste/sugar work is technically edible, eating is not recommended. Fondant/Sugar Paste flowers, figurines, and other items may contain floral wire, toothpicks and other support mechanisms, making them potentially hazardous for consumption. Please keep these items away from small children as they may pose a choking hazard
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Brightside WW and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Brightside WW.
Brightside WW has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Brightside WW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
