Terms of Service – The Little Cake Kitchen Limited

Store terms and conditions

Retail online terms of sale

 

Pricing:

  • All prices are shown in New Zealand Dollars and include GST.
  • Prices do not include delivery costs.
  • Every effort is made to have all pricing correct within our website. However, we reserve the right to refuse the supply of any product with a price error.

 

Supply and delivery:

  • All our products are made to order. Providing we receive your order by 1pm, our products are generally available for next day collection or delivery during the week.
  • We use a private delivery service for delivery to the Auckland metropolitan area.
  • We make every effort to ensure safe delivery but if we cannot access the building; if recipient refuses package; is not at the address or supplied address is incorrect the full delivery charge will be applied again and the items returned to The Little Cake Kitchen in Kingsland or redirected to the correct address and appropriate delivery costs charged.
  • We are more than happy to take contact details for the recipient to ease delivery. Certain cakes or products are able to be left at the doorstep and we will advise. Items that must be refrigerated will not be left unattended as this would compromise our food safety policy. When we do need to contact the recipient, we simply advise that a friend has a gift for them and we need to arrange a courier delivery. If you wish the gift to be anonymous we can accommodate but please be aware we are not responsible if the recipient refuses to accept the package.
  • Please note: We do not deliver on Saturday, Sunday or on any public holiday.
  • If the item ordered is not going to be available, you will be notified within 8 hours from time of ordering.
  • You may collect your order from our kitchen at Unit 3, 322 New North Road, Kingsland, Auckland between 7am and 3pm on weekdays. If you choose to collect your order from our café, you will need to remember to do so!
  • No returns will be accepted on a ‘change of mind’ basis, so please be sure before you buy. All returns must comply with the Consumers Guarantees Act or Fair Trading Act

 

Delivery costs:

NZ$7.50 per order for delivery to Auckland metropolitan area.

For orders over $NZ100 there will be no delivery charge for the Auckland metropolitan area.

For orders outside the Auckland metropolitan area, we will contact you to discuss delivery options and charges.

 

Refunds:

Refunds for cancelled online orders can only be processed by The Little Cake Kitchen Ltd.   Please contact us directly on (09) 356 3668.

Refund/exchange exclusions:

We are unable to refund or exchange the following:

  • Products that have been specifically ordered in for you
  • Gift vouchers and store credits
  • Packaged items that have been opened and/or removed from their original packaging
  • Baked product that has been consumed or partly consumed.

 

Disclaimer & limitation of liability as to shipping errors:

If we do ship the wrong product to you or leave out a certain product from a package, our procedure and policy for resolving the problem is the following:

  • The Little Cake Kitchen will verify that an item was left out of a package by going over receipts and what was delivered.
  • If we clearly see that an item has been left out of the package, we will deliver the item to you at no charge using the most efficient delivery method available.

 

Privacy and data policy

Your privacy is important to us. This privacy policy is intended to give you confidence in the privacy and security of the personal information we obtain from you.

 

Collection of personal information:

When you use our products or website, you may be asked for personally identifiable information such as your name, address, email address, telephone number.

  • By giving us such information, you will be giving consent to our using it in the manner described in this policy.
  • You may withdraw your consent at any time by emailing us at info@littlecakekitchen.co.nz. We will return or destroy your personal information within five days of receipt of your withdrawal of consent.
  • Cookie information, pages you have requested and your IP address may also be recorded by us and/or third parties from your browser as set out in this policy.

 

Use of personal information:

We use your personal information to allow us to process your service requests, provide access to privileged areas of the websites, send out newsletters, personalise your visit to our website, personalise your use of our products, and enable us to improve the products and services we offer. We may occasionally carry out market research and send you details of services and offers that we think may be of interest to you. If you do not wish to receive such information, please e-mail info@littlecakekitchen.co.nz or, alternatively, when we send you an e-mail, it will contain a provision for you to opt out of receiving any further information from us.

 

Disclosure of personal information:

We may provide information about you to our employees and agents in order to administer any accounts, products and services provided to you by The Little Cake Kitchen Ltd.

We will not disclose your personal information to any third party unless you have consented to such disclosure or where we are required to do so by law. Should you breach our terms and conditions or terms of use or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. Any disclosure of personal information will be strictly controlled and made fully in accordance with current NZ laws.

 

Cookies:

Cookies are small data files that a website you visit may save on your computer or handheld device that usually includes an anonymous unique identifier. Our website and those of our products may use cookies for user authentication, keeping track of your preferences, promotional campaigns, tracking our audience size and traffic patterns, and in certain other cases. We may include small graphic images in our email messages and newsletters to determine whether the messages were opened and the links were viewed.

Third-party advertisers may also create and access cookies, which will be subject to their privacy policies – we accept no responsibility or liability for the use of such third parties’ cookies. If you do not wish cookies to be placed on your PC or handheld device, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. Please note that permanently disabling cookies in your browser may hinder your use of our website as well as other websites and interactive services.

 

Security:

All security on our website is treated seriously. Where applicable, we undertake security steps, including use of SSL technology, on our back-end systems that store customer account information and to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.

 

Card data security:

This website utilises the BNZ eWay™ secure payment page.

Cardholders are re-directed from this website to the BNZ eWay™ secure payment environment to enter their payment details.

The BNZ eWay™ secure payment solution supports 3D secure authentication – verified by Visa and MasterCard SecureCode.

We neither store or process card details on this site.

 

Policy changes:

Changes in this policy will be posted on our website. You are advised to check our website regularly to view our most recent privacy policy.

If you have any further concerns about security, please email our customer service team at info@littlecakekitchen.co.nz.

 

Privacy and legal policies

Dated this 12th day of October 2015.

In these terms and conditions, “we” “us” and “our” refers to The Little Cake Kitchen Ltd.   Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of New Zealand only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

1. Our website services

  • Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  • All prices are in New Zealand Dollars (NZD) and are inclusive of GST.  We endeavour to ensure that our prices are current.  Each item is individually priced and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

 

2. Product descriptions

  • We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
  • Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

 

3. Product orders

  • Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  • We supply and despatch our products to customers within the Auckland region only.
  • We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  • Delivery is an additional charge, calculated at time of purchase.
  • When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  • We undertake to accept or reject your order within two days.  If we have not responded to you within two days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we are not able to supply your order.

 

4. Cancellation and refund policy

  • Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
  • Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.
  • All risk of loss or damage to the goods passes to you when we despatch the goods including packaging and delivery charges.

 

5. Site access

  • When you visit our website, we give you a limited licence to access and use our information for personal use.
  • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
  • Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 

6. Hyperlinks

  • Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

 

7. Intellectual property rights

  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  • All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

 

8. Disclaimers

  • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 

9. Limitation of liability

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.

 

10. Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

 

11. Force majeure

  • If a Force Majeure event causing delay continues for more than ten days, we may terminate this Agreement by giving at least four days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

 

12. Jurisdiction

  • These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
  • If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

13. Privacy

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.