Order Terms & Conditions

By accepting this cake agreement and paying a deposit, you agree to be subject to these Terms and Conditions. 

Cake Creations by Alanna hereinafter referred to as "CCBA" and customer referred to as "Client"

PAYMENT

The Client acknowledges and agrees that they shall pay CCBA, 25% of the total fee, as a non-refundable deposit, within 2 business days of placing an order.

The balance of the payment will be due to CCBA in full 7 days prior to collection or in person upon collection if discussed and agreed upon with CCBA.

Failure to pay deposit results in your order not being confirmed and date may be lost due to other orders being place and accepted. 

CONFIRMATION OF ORDERS

Please ensure all contact details, spelling of names and design requirements are correct, and any changes are made in writing to CCBA.

AMENDMENTS

No modification of or amendment to these Terms and Conditions shall be valid or binding unless set forth in writing and duly executed by both Client and CCBA.

CCBA ask that all changes or amendments are made in writing 7 days prior to collecting your order otherwise requests may not be able to be made. 

CANCELLATION & RESCHEDULING

If the Client either reschedules or cancels their event/order, the Client will be required to provide notice in writing to CCBA, no less than 7 days before the scheduled collection date.

If your event date has changed within 3 months of your original date, the deposit can be transferred to the new date if CCBA is available to make your order and will come off the total of your order.

If CCBA is not available, your order will be treated as cancelled and CCBA is not required to return the deposit due to loss of potential clients for your original date.

CAKE SIZE

The size of the cake will be based on an industry standard slice:

Coffee sized portion 1" length x 1" width x 4" high.

Or if your cake is going to be eaten as a main dessert you may wish to have larger slices.

Dessert sized portions are 1"x 2"x 4" high

The Baker is not responsible for cake shortages due to incorrect or changed amount of event attendees, or for failure to cut the Cake based on the above-described industry standard size.

CAKE DESIGN

The final design of the Cake will be based on the CCBA creative interpretation or structural necessity required for the Cake. The Client acknowledges and agrees that changes to the design of the Cake may be required for the sake of stability, structural integrity, or other necessity, and that they are obligated to make full payment to CCBA in accordance with the terms of this contract should the design of the Cake be altered.

NON-EDIBLE PORTIONS OF THE CAKE

The Client acknowledges and confirms that they have been made aware of the non-edible items included in their cake and their locations. The Client acknowledges and agrees that they are responsible for ensuring that all non-editable cake décor, including but not limited to, columns, flowers, toppers, and wires, have been removed from the cake before it is consumed.

In the event that a non-editable portion of the cake is not removed and either the Client or an attendee of the event, or any other agent or guest consumes the non-editable portion of the Cake, CCBA will not be held liable in any way whatsoever for any damages that are suffered.

If flowers or other decorations are provided by an outside source, CCBA holds no liability for them. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants.

DAMAGES TO THE CAKE

The Client acknowledges and accepts that once the Cake is delivered by CCBA, to the Venue, or collected from CCBA, it is the Client’s full and sole responsibility to ensure that no damage is caused to the Cake. In the event the Cake is damaged after delivery or collection, the Client will be obligated to pay CCBA in full in accordance with the terms of this agreement.

ALLERGENS

The Client acknowledges and accepts that the Cake may contain, or come into contact with, wheat, milk, nuts, cocoa, gluten or other allergens. While the Baker will take every precaution in the case of known allergens, the Client accepts and acknowledges that it is the Client’s responsibility to inform guests, agents, and other attendees of the event of possible allergens.

If the Client, or an agent, event attendee or guest suffers an allergic reaction, CCBA, will not be held liable in any way whatsoever for any damages that are suffered from said allergic reaction. Please be aware we are not a certified Gluten Free kitchen. Whilst every effort is made to clean our equipment thoroughly, trace elements of gluten may still be present. If you or your guests have coeliac disease, please make them aware of this potential risk.

PHOTOGRAPHY

Photos and videos of the Cake may be taken for advertising, promotional, and editorial use in both digital and printed material. In both digital and print material, full credit is to be attributed to CCBA. The Client agrees to allow CCBA to photograph the Cake. Said photographs may be used by CCBA for business purposes, including but not limited to, social media, marketing, advertising and editorial submissions.

TRANSPORT OF YOUR ORDER

Please ensure you follow the instructions of how to transport and care for your cakes carefully below. All CCBA’s cakes come in cake boxes and travel the safest on the floor of the car (preferably the front passenger floor, or if needed, the back passenger floors are fine also).

Please don’t place cakes on laps, car seats, or the boot of your car. Please ensure the heater is not on during winter and the aircon is on in summer. Cakes must not be kept in the car any longer than necessary. Please ensure that once the cake is collected from CCBA, it is then transported immediately to its required location (home, venue etc).

If you or your representative elects to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves CCBA’s possession. Due care must be taken when transporting cakes, and as a result we are not liable for any damage to cakes from transport once they leave CCBA’s possession.

WAIVER

A waiver of any provision of these Terms and Conditions are not effective unless it is in writing and signed by the party against which the waiver is sought to be enforced. The delay or failure by either party to exercise or enforce any of its rights under these Terms and Conditions shall not constitute or be deemed a waiver of that party’s right to thereafter enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise of these rights or any other right.

LIABILITY

The Client accepts and agrees that they shall hold CCBA harmless against any, and all claims of loss, damage, liability or cost arising from the Client’s breach of these Terms and Conditions, including but not limited to the fees for enforcing the agreement. The Client hereby releases, and indemnifies and deems CCBA harmless against any and all claims or damages in any nature, including but not limited to any special, direct, or consequential damages. CCBA shall not be liable in any way for personal injuries or damages to the property of the Client, the Venue, the Client’s guests, invitees, agents, employees, contractors or any other person(s).

ENTIRE AGREEMENT

This Contract constitutes the entire agreement among the Parties with respect to the subject matter herein, and there are no other written or verbal agreements, contracts, or representations.

ENFORCEABILITY

If a court of competent jurisdiction finds any term of this Contract to be invalid, illegal, or otherwise unenforceable, that term shall be deemed to be modified to the extent necessary in the court’s opinion to render such term or provision enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties as provided in this agreement.

FORCE MAJEURE

CCBA shall not be deemed to be in breach of this agreement for any delay or failure in performance that is caused for reasons that are not in the reasonable control of CCBA. Said reasons include but are not limited to; acts of god, natural disasters, changes in laws, rules, and regulations, acts of civil or military action, power outages or disruptions in communication, and weather emergencies.

COLLECTION TIMES

Please arrive on time for your agreed pick-up appointment. Your collection time will be confirmed the week of your collection. Whilst CCBA understands that things happen which can cause delays, we are a home run business and do schedule other collection appointments and activities around these pre-organised times. If you are running late, please let CCBA know ASAP via our page messenger or texting on 0426293400.