Terms and Conditions
The Bakery Lab – our Terms and Conditions (Terms)
ABN 87 164 579 944
1 Ordering with The Bakery Lab
- When you place an order on The Bakery Lab website at www.thebakerylab.com.au (our Website), you will receive an acknowledgement e-mail confirming receipt of your order with your order number: this email will only be an acknowledgement of your offer to purchase and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that your order has been accepted and is being processed (Order Confirmation). We reserve the right to refuse to accept any order.
- You will receive a confirmation by e-mail when your order has been dispatched (Delivery Notice).
- You may cancel an order up until we have sent you an Order Confirmation. We reserve our right to charge an administration fee to cover our reasonable costs in respect of a cancelled order. Please email us the following information at email@example.com to cancel your order:
- the order number; and
- proof of purchase (either the original Tax Invoice or proof of payment).
- You may pay for your order using the following payment methods: Visa, MasterCard or PayPal.
- Payment processing services offered via our Website are outsourced to third party providers. If we do not receive or are unable to successfully process payment in full for your order for any reason, we will cancel your order.
- If you choose to pay by Visa or MasterCard, you authorise us to debit the amount that is payable for an accepted order from your nominated card.
- You will be required to provide us with the following details on your Visa or MasterCard; card type, name on card, card number, 3-digitor or 4-digit card verification value (CVV2) and the card expiry date.
- You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
3 Delivery of products
- Standard orders are sent by Australia Post, Sendle or Fastway (at our discretion).
- Delivery is not available to PO Boxes.
3.2 Delivery times
- Delivery to countries outside Australia can take 15 business days or more, depending on region, to arrive. When we have dispatched your order we will provide an estimated delivery window.
- Estimated delivery times are 2-5 business days after dispatch for metro areas and 2-7 business days for regional areas after dispatch, save for parts of the Northern Territory, Western Australia, Tasmania and remote/isolated areas which may take longer.
- We will contact you should there be any anticipated delays to your delivery time, including by reason of stock availability. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Delivery fees will be calculated at checkout based on location.
- All customs / import fees / taxes and duties are the responsibility of the customer
- Delivery fees are charged at a flat rate of $10.00 throughout Victoria and $13.00 for the rest of Australia.
- Orders exceeding $75.00 will be entitled to free shipping.
3.4 Failed delivery
- If you have not received your order please contact us at firstname.lastname@example.org as soon as possible.
- If products are returned to us due to failed delivery, you will be required to pay an additional delivery fee to re-ship the products. If you elect not to pay the delivery fee to re-ship the products a credit note (valid for 6 months) will be issued.
4 Title and risk
- Title and risk in the products passes to you when the products are delivered.
- You assume all risk and liability for loss, damage or injury to persons or to property arising out of your use or possession of the products, to the extent permitted by the ACL.
5 Returns policy
- Please choose carefully. We do not give refunds if you change your mind or make the wrong decision. We reserve the right to exercise our discretion in offering you a refund for change of mind and if we do accept such a return, you will be liable for any costs incurred relating to the original and return delivery costs.
- The following cannot be returned:
- items that are damaged; or
- opened or used product packages.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law schedule 2 of the Competition and Consumer Act 2010 (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- To return products pursuant to clause 5(c) of these Terms and the ACL, you must within 7 days email us at email@example.com with the following:
- the order number;
- which products listed on the order you wish to return;
- details of the fault or issue with the products; and
- proof of purchase (either the original Tax Invoice or proof of payment).
- Upon receiving a request to return products in accordance with clause 5(d) of these Terms, we will contact you directly via email to confirm whether you are entitled to a refund. If we agree to process the return, we will provide instructions as to how you can the return the products to us at our cost. You will be refunded as follows:
- Credit Card or PayPal funds will be refunded back to your account. This process may take up to 10 business days to occur.
- Gift Card or Credit Note purchases will be reimbursed via Gift Card or Credit Note equal to the value of payment made for the returned products.
6 Product Disclaimer
- We use our best endeavours to ensure our Website contains accurate pictures of our products, along with their ingredients. Please contact us at firstname.lastname@example.org for any information or clarification on our products.
- If you have any health concerns or are not familiar with our products or their ingredients please seek medical advice before consuming our products.
7 Pricing and availability
- Unless otherwise specified, all prices are in AUD.
- Prices and availability of any products are subject to change without notice.
- Whilst we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors may occur. If we discover an error in the price of any products which we have advertised, we will notify you of the error to confirm the correct pricing and let you decide if you want to proceed with the order at the correct price or if you prefer to cancel the order. We reserve the right to cancel any order prior to issuing a Delivery Notice to correct any inaccuracies, errors or omissions including after we have sent an Order Confirmation and we have processed payment for the order. You will receive an e-mail confirming cancellation of your order should this occur.
- Delivery costs are additional to the price payable for the products. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.
- If GST is imposed on any taxable supply under these Terms then the supplier has the right to increase the purchase price payable on the taxable supply by an amount equal to the GST imposed.
- To obtain a valid tax invoice you must supply us with your ABN.
- Any reference to GST, taxable supply and tax invoice in these Terms has the meaning given to those expressions in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated regulations, as amended.
- With the exception of your statutory rights (including consumer guarantees under the ACL), we exclude any condition or warranty which would otherwise be implied in to these Terms.
- You acknowledge that:
- you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by us in relation to the products or their use or application; and
- you have not made known, either expressly or by implication, to us any purpose for which you require the products and you have the sole responsibility of satisfying yourself that the products are suitable for your use.
- Our liability for failure to comply with a consumer guarantee is limited to the replacement of the products or the supply of equivalent products (or the payment of the cost of the replacement or supply).
- We are not liable for any direct or indirect loss or any consequential losses or expenses suffered by you or any third party, however caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
- Nothing in these Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
9 Warranty disclaimer
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
- The application of the United Nations Convention on Contracts for the International Sale of products (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
10 Intellectual property
The specifications and design of the products (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain our property.
11 Force Majeure
- In these Terms, a Force Majeure Event is as an act of God, flood, earthquake, storm, cyclone, hurricane, lightning, fire, explosion, pandemic, epidemic, war, terrorism embargo, riot or civil disturbance, strike or other labour dispute, sabotage, expropriation, confiscation or requisitioning of facilities, orders or temporary or permanent injunctions of any duly constituted court.
- Where we are unable, wholly or in part, by reason of a Force Majeure Event, to carry out any obligation under these Terms, the requirement to perform that obligation is suspended as long as the Force Majeure Event continues.
12 Entire agreement
These Terms constitute the entire agreement of the parties concerning any orders placed with The Bakery Lab for products and products you purchase from us.
13 Governing law
These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
The Bakery Lab ABN 87 164 579 944