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Terms of Use

wedding and celebration cakes

Cancellation of Orders

Please bear in mind when you place an order there are certain parts to a cake (sugar figures, flowers, other figures, etc ) that need to be made ahead of time to dry or must be ordered in for your particular order.  Also when you book your cake you are filling the quota of cakes we can produce in that week. Therefore if you need to cancel your order, some work may have commenced or items may have been ordered and paid for or we may have turned away other orders.
Once you have placed an order, if you need to cancel your order, you must contact us immediately. ONLY IF notice is received by Amarantos Cakes within 2 hours of placing the order can we issue a refund minus a $50 processing fee (at our discretion).
If your order has been processed for a date in the future that is more than 14 days away and you wish to cancel the order, we can cancel the order and issue a credit voucher to the value of monies already paid to use in the future or we can issue a refund of any monies paid minus a fee of 50% of the original order value.
Refunds will only be processed by refund to the credit card used to make the payment or by bank transfer to the the customer on file, depending on the circumstances and at the discretion of management. You will receive an email confirmation once your order cancellation has been processed.
IMPORTANT: ORDERS CANNOT BE CANCELLED IF THERE IS LESS THAN 14 DAYS FROM COLLECTION OR DELIVERY. In the event that an order is cancelled within this time, any monies already paid will be forfeited and any balance remaining must be paid immediately.

COVID Restrictions Cancellations

We understand that it is not your fault if restrictions change during these unprecedented times, just as it is equally not our fault.
When you place your order with us there is a significant amount of planning and work that is done ahead of time for your order.
Thus, we offer the following solutions if your order is more than 7 days from being due for pick up or delivery, if restrictions change and as a result you must reduce your number of guests or cancel your event 
  • we can reduce the serving size of your order 
  • we can postpone your order until restrictions are lifted and you reschedule your event
  • or cancel the order, although our terms and conditions are still applicable under these circumstances and you would normally forfeit any monies paid, we would issue a credit note instead for you to use within 12 months at the discretion of management (if you have notified us immediately).
Unfortunately, if you do not notify us immediately and we hold your place for the order, turn down other sales in the meantime or have commenced work or completed your order, no credit will be issued and you will forfeit any monies already paid as well as being liable for any balance still owing.

Refunds & Returns

Amarantos Cakes will replace the goods you purchase if the goods you purchase:
  • are not of merchantable quality (i.e. if your cake is damaged at time of delivery but not if you simply do not like the taste of the cake)
  • don’t match any description given of the goods (this would include corresponding with a photograph of the goods, excluding colour matching and replaceable add on items)
  • are not free from defects.
Please note, all food products are perishable, so Amarantos Cakes expects that you take due care to properly store the goods  and transport the goods in accordance with the nature of the product. If you are not clear on this, please check with us first. This is your responsibility. We cannot accept responsibility if food is stored in conditions that are not appropriate or broken/damaged in transit.
You need to approach us regarding any problems with your goods within a reasonable period of time. What is reasonable depends on the goods, their use and any other relevant information.
Where your product has been damaged after leaving our premises and is in your care, we are happy to, were viable time wise and depending on the nature of the damage, repair it. Depending on the damage there may be at an additional cost and would require you to return the cake to us for repair, we can not repair cakes off premises. 
As a rule we will require that they be returned to us within 3 days of the date of purchase for examination of the problem and in order to assess whether to replace the goods or refund you, at our discretion.
Please note that we will not be in a position to address your problem where you have been careless or if you are unreasonable in your demands.
Note- Amarantos Cakes are not required to provide you with a refund if you have simply changed your mind or decide you don’t like the colour, shape, etc.
In the event we need to issue a refund (as opposed to replace goods) for orders placed online or over the telephone – we will credit back the original credit card on which the order was purchased. If this is not possible for some reason, we will issue you with a credit voucher to use in the future.
 

Changes to Orders

Any changes made to your order within 14 days of collection or delivery will incur a charge of $50-200, depending on the change requested. Changes such as flavour, size or shape of the cake can not be made within 14 days of collection or delivery.
In most cases we can accommodate changes, however at times it is not possible. We will however endeavour to accommodate you to the best of our ability.
All other changes involving colours, wording or addition of extra items must be submitted via email. Upon receipt of your email we will acknowledge receipt of your changes via response email with an amended invoice reflecting any additional charges that may apply.
If you do not received any acknowledgement of the requested changes it is deemed that we have not received your email so no changes to your order will be made.

Code of Conduct

It is unfortunate that we must include this section, it is only applicable to a handful of people, however Amarantos Cakes will not tolerate bad behaviour from clients.

This includes excessive emails, phone calls, rudeness and irrational behaviour. We are here to help.

If we can not offer you what you want or take your order because we are fully booked or there is not enough notice given we will not tolerate abusive rude behaviour.

If there are any issues with an order please contact us in a respectful manner and we will help you.  If you are abusive or rude we will terminate all correspondence with you.

Although it is said that the customer is always right, that does not apply to ones that behave badly.

Privacy & Security

Security of information from your browser to our server

A critical concern for electronic commerce is the secure transmission of data. To protect consumer data during transmission, Amarantos Cakes uses the latest SSL encryption technology that securely passes transaction data the payement gateway.
We use SSL (Secured Socket Layer) which means that we encrypt information sent to the server with a key that makes it almost impossible to decrypt. To do this we use the Secure Socket Layer (SSL) 256 bit encryption technology. This is superior to the industry standard.
This is far more secure than giving you credit card over the phone where someone could be listening, or to a cashier where someone can either look over your shoulder or get hold of your credit card receipt.

User Name & Password

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person.
You agree to release and indemnify Amarantos Cakes in relation to any liability arising out of the unauthorised use of your username and/or password.
PLEASE NOTE PLACING FALSE ORDERS ON LINE IS A PUNISHABLE OFFENSE. WHEN USING THIS SITE YOUR IP ADDRESS IS TRACED AND THIS INFORMATION WILL BE PROVIDED TO THE RELEVANT AUTHORITIES FOR PROSECUTION.

Protect yourself online

There are measures you can take to protect your own safety:
Don’t let anyone else use your name or credit card for online transactions.
Only share access to your computer and files with people that you know and trust. Learn about file sharing risks.
Don’t store your password or banking details in your email program or on your PC – keep hard copies of private information in a secure place away from the computer.
Choose hard-to-crack passwords that feature a combination of numbers, symbols and letters.
Don’t use the same password for all your online activities.
Disconnect from the Internet when not in use.
Use anti-virus software and keep it up to date.
Protect your computer from Internet intruders through firewalls.
Back up your computer data.
Regularly download updates to your email and browser software that fix security bugs.
Only download and use freeware and shareware that is widely used and has a good reputation.

Loss or Damage to Systems

You agree to use and link to Amarantos Cakes website at your own risk. We will not be liable for any loss or damage from any cause (including negligence) to your system or website caused by or in connection with the use of or a link to our website. Any such loss or damage will be your responsibility. Amarantos Cakes advises you to take your own precautions in relation to protecting your system or website from viruses or malfunction.
If you wish to discuss links with this website or publication of Amarantos Cakes material on other websites, please email us.

Trademarks, Copyrights and Restrictions Relating to Products and Images on this Website

All material on this site, including, but not limited to images, illustrations, and information is protected by copyright, and other intellectual property rights which are owned and controlled by Amarantos Cake. Material on this site is solely for your personal, non-commercial use.
Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Amarantos Cakes.
Except where necessary for viewing the information on the amarantos.com.au website on your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these Terms of Use, no information or pictures on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, used in public, distributed or transmitted in any form by any process without the specific written consent of Amarantos Cakes. 
All products created by Amarantos Cakes remain the intellectual property of Amarantos Cakes even after purchase. Amarantos Cakes reserves the right to display, list or use this intellectual property in any way shape or form, as seen fit, for the purpose of promoting our products and services either on this website or any other platform where our products are sold or promoted.

Fraud

Any party engaged in illegal activities involving the use of this website will be subject to civil and criminal prosecution.
It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. 
Any persons found to have committed and fraudulent activity on this site will be referred to the police for prosecution.

Jurisdiction

The use of this website and these Terms of Use are governed by and construed in accordance with the law in force in the state of Victoria, Australia. Any legal action arising out of its use shall be brought and enforced under and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms of Use.

Terms & Conditions

Your access to this website is subject to these Terms and Conditions, and any disclaimers or other conditions or statements contained on this website (referred to collectively as “Terms and Conditions”). Amarantos Cakes may at any time, at its sole discretion, amend, vary or modify these Terms of Use.
Please read the following Terms of Use carefully before placing your order with Amarantos Cakes. By using the Amarantos Cakes website and service, you agree to be bound by these Terms of Use.
Modifications to the Terms and Conditions will be effective immediately and any subsequent use by you of the website will constitute an acceptance of those modifications.

Membership

By purchasing an item advertised on this website and/or by completing the registration process to become a member of Amarantos Cakes(“a Member”), you agree to be bound by these Terms and Conditions.

Access

The products and services described in this website are only available in Melbourne Australia. Orders may be placed overseas for delivery to Melbourne.
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders at our sole discretion at any time.

Product Information

Prices of goods and delivery displayed on the Amarantos Cakes website are current at the time of display. These prices are subject to variation without notice.
While great care has been taken in the presentation of information on this site, including product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free. No representation is made and no responsibility accepted for reliance upon the information as being complete, accurate or up to date.
Prices are structured and with the vast number of products on our website, sometimes pricing errors do occur. So if a product you are looking at appears to have an incorrect price displayed please do not order it thinking that you will get it at that price when it clearly does not fit with the other prices displayed, we will correct it when it comes through to us and you will be charged the correct price.
We advise you to make your own enquiries and satisfy yourself in all respects to the products you are considering purchasing.

Payment

We take payment of a 50 % deposit at the time of order.
The balance due and payable either on collection or 7 days prior to delivery.
All online credit card orders are processed via the banks secure network. No order is accepted until the order has been checked and approved. If there is a problem, we will telephone you or e-mail you within three (3) working days. Please note we do require 7 days notice. If you require a cakes in less time, please call us immediately to see if it can be arranged sooner.
Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed.
Once we have accepted payment for an order, cancellation of the order is at our sole discretion after taking into account the circumstances and reasons for cancellation. If you need to cancel an order, please contact us immediately on 0458 778 780 or email us. Orders that cannot be cancelled will be subject to our Terms and Conditions relating to Canellations and Refunds.

Online orders placed on Saturday and Sunday

ALL orders placed after 3pm on Friday and at any time of day on Saturday and Sunday will be processed on the following Monday morning.

Quality and Maintenance of GoodsAt Amarantos Cakes we pride ourselves on the quality of our products and services. It is important to remember, however, that most food items are perishable and may react to temperature conditions, particularly cake, chocolate and fresh items, which, as a result may affect life of the product.

We recommend, if you are not familiar with the correct temperatures for the these food types or specific produce, that you contact us for further information. Once delivery has occurred Quality and maintenance of the produce is your responsibility.
Ensure when moving cakes you keep them level, tilting a cake in any manner can cause cakes or decorations to move, topple or break. We can not be responsible if the cake is damaged in transit in your care.  Once a cake has left our premises it is your responsibility to treat the cake with due care and diligence.
In the event that you damage the cake after it has left our premises, we can in most cases repair it, if not to its original state, as close as possible depending on the damage. Please contact us immediately if this occurs, take photos of the damage and forward these to us so that we can assess the damage. There are several options for repairing your cake, you can return the cake to us and we can repair it at a cost of $30 per half hour or we can come to you with a call out fee of $100 plus $30 per half hour.

Accessories and Decorations on Cakes

Whilst the cakes/cup cakes themselves are entirely edible, there are some cakes/cup cakes which may contain varies elements required for support or decoration making some parts not fit for consumption. These include most figurines on cakes/cup cakes, whether they are made from icing or plastic, sugared flowers, diamantes, pearls, ribbon, cup cake cases, wooden skewers and coated wires used for support and any other items used as decorations on a cake. So the decorations on cakes/cup cakes are NOT to be consumed.

Out of Stock & Substitution

In the event that we cannot supply specific decorative items on a cake due to stock unavailability, we will substitute with a similar product in value that will maintain the look of the product. In the unlikely event that we are not able to provide a substitute, we will contact you (via e-mail, text or telephone) to offer you an alternative or to discuss changes required to maintain the overall desired look of the cake.

Colour Variations

Although every attempt is made to match the product you order exactly, there may be slight colour variations, either due to the quality and colour matching of your computer screen or the variation in colour batches.
In relation to edible images, note these are printed on edible icing sheets with edible ink which may not print to exact pantone colours of logos or files sent to us.

Deliveries

Our goods are available for pick up or can be delivered. For delivery prices CLICK HERE.
We will deliver the goods to you at the Delivery Address and will make every effort to deliver between 9am –  5pm to work addresses and between 8am – 8pm to home addresses.
If you opt to have it delivered on the day we can not give you a time frame of delivery, we will send you a text when your delivery is on its way if requested and will not be liable if it does not arrive you request if you have not elected our premium delivery service.
IF YOU REQUIRE YOUR ORDER TO BE DELIVERED BY A SPECIFIC TIME, WE OFFER A PREMIUM DELIVERY SERVICE OR YOU CAN HAVE THE ORDER DELIVERED THE DAY BEFORE (the majority of our cakes can be stored at room temperature).
We offer the following delivery services
PICK UP
Cakes ONLY be collected during the following times
MON – FRI : 9AM – 5.30PM
SAT : 9AM – 12 NOON
NO SUNDAY PICK UPS
STANDARD DELIVERY
Work Addresses – Cakes are delivered between 9am – 5pm, you can not choose what time you want the cake delivered, it will arrive within this time frame.
Home Addresses – Cakes are delivered between 8am – 8pm, you can not choose what time you want delivery, it will arrive within this time frame and we will send you a text when your order is on its way.
PREMIUM DELIVERY SERVICE
If you require a guaranteed time delivery this will attract a premium fee on top of the normal delivery fee regardless of the delivery destination. By paying the extra fee, your delivery will then be prioritised above others and will be delivered within the specified time frame you select.
The additional fees for time specific deliveries are as follows
  • Additional fee of $30 plus your zone delivery fee – DELIVER WITHIN A 4 HOUR TIME FRAME between 8am – 8pm (select time frame during checkout).
  • Additional fee of $100 plus your zone delivery fee – DELIVERY ON SUNDAY ANYTIME between 8am – 8pm.
  • Additional fee of $60 plus $100 surcharge for Sunday delivery plus your zone delivery fee – DELIVER ON SUNDAY WITHIN A 4 HOUR TIME FRAME between 9am – 5pm (select time frame during checkout).
Anyone at the Delivery Address who receives the goods will be taken to have been authorised to receive the goods by you. Please read our terms and conditions.
It is your obligation to enter the correct delivery address details at the time of ordering and to ensure someone will be at the delivery address on the delivery date to accept delivery of the cake.
If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. If the delivery address is a reception, restaurant or venue it is your obligation to inform us of their opening hours or of the times that someone will be at the venue to take delivery.
Please bear in mind when you place an order there are certain parts to a cake (sugar figures, flowers, other figures, etc ) that need to be made ahead of time to dry or must be ordered in for your particular order.  Also when you book your cake you are filling the quota of cakes we can produce in that week. Therefore if you need to cancel your order, some work may have commenced or items may have been ordered and paid for or we may have turned away other orders.
Once you have placed an order, if you need to cancel your order, you must contact us immediately. ONLY IF notice is received by Amarantos Cakes within 2 hours of placing the order can we issue a refund minus a $50 processing fee (at our discretion).
If your order has been processed for a date in the future that is more than 14 days away and you wish to cancel the order, we can cancel the order and issue a credit voucher to the value of monies already paid to use in the future or we can issue a refund of any monies paid minus a fee of 50% of the original order value.
Refunds will only be processed by refund to the credit card used to make the payment or by bank transfer to the the customer on file, depending on the circumstances and at the discretion of management. You will receive an email confirmation once your order cancellation has been processed.
IMPORTANT: ORDERS CANNOT BE CANCELLED IF THERE IS LESS THAN 14 DAYS FROM COLLECTION OR DELIVERY. In the event that an order is cancelled within this time, any monies already paid will be forfeited and any balance remaining must be paid immediately.

COVID Restrictions Cancellations

We understand that it is not your fault if restrictions change during these unprecedented times, just as it is equally not our fault.
When you place your order with us there is a significant amount of planning and work that is done ahead of time for your order.
Thus, we offer the following solutions if your order is more than 7 days from being due for pick up or delivery, if restrictions change and as a result you must reduce your number of guests or cancel your event 
  • we can reduce the serving size of your order 
  • we can postpone your order until restrictions are lifted and you reschedule your event
  • or cancel the order, although our terms and conditions are still applicable under these circumstances and you would normally forfeit any monies paid, we would issue a credit note instead for you to use within 12 months at the discretion of management (if you have notified us immediately).
Unfortunately, if you do not notify us immediately and we hold your place for the order, turn down other sales in the meantime or have commenced work or completed your order, no credit will be issued and you will forfeit any monies already paid as well as being liable for any balance still owing.

Refunds & Returns

Amarantos Cakes will replace the goods you purchase if the goods you purchase:
  • are not of merchantable quality (i.e. if your cake is damaged at time of delivery but not if you simply do not like the taste of the cake)
  • don’t match any description given of the goods (this would include corresponding with a photograph of the goods, excluding colour matching and replaceable add on items)
  • are not free from defects.
Please note, all food products are perishable, so Amarantos Cakes expects that you take due care to properly store the goods  and transport the goods in accordance with the nature of the product. If you are not clear on this, please check with us first. This is your responsibility. We cannot accept responsibility if food is stored in conditions that are not appropriate or broken/damaged in transit.
You need to approach us regarding any problems with your goods within a reasonable period of time. What is reasonable depends on the goods, their use and any other relevant information.
Where your product has been damaged after leaving our premises and is in your care, we are happy to, were viable time wise and depending on the nature of the damage, repair it. Depending on the damage there may be at an additional cost and would require you to return the cake to us for repair, we can not repair cakes off premises.
As a rule we will require that they be returned to us within 3 days of the date of purchase for examination of the problem and in order to assess whether to replace the goods or refund you, at our discretion.
Please note that we will not be in a position to address your problem where you have been careless or if you are unreasonable in your demands.
Note- Amarantos Cakes are not required to provide you with a refund if you have simply changed your mind or decide you don’t like the colour, shape, flavour etc.
In the event we need to issue a refund (as opposed to replace goods) for orders placed online or over the telephone – we will credit back the original credit card on which the order was purchased. If this is not possible for some reason, we will issue you with a credit voucher to use in the future.

Changes to Orders

Any changes made to your order within 14 days of collection or delivery will incur a charge of $50-200, depending on the change requested. Changes such as flavour, size or shape of the cake can not be made within 14 days of collection or delivery.
In most cases we can accommodate changes, however at times it is not possible. We will however endeavour to accommodate you to the best of our ability.
All other changes involving colours, wording or addition of extra items must be submitted via email. Upon receipt of your email we will acknowledge receipt of your changes via response email with an amended invoice reflecting any additional charges that may apply.
If you do not received any acknowledgement of the requested changes it is deemed that we have not received your email so no changes to your order will be made.
Incorrect Pricing
Prices are structured and with the vast number of products on our website, sometimes pricing errors do occur. So if a product you are looking at appears to have an incorrect price displayed please do not order it thinking that you will get it at that price when it clearly does not fit with the other prices displayed, we reserve the right to correct it to the actual price or cancel the order, depending on the error.