TERMS AND CONDITIONS
These terms and conditions outline the rules and regulations for the use of Mylk and Maple's Website.
Mylk and Maple’s registered office is located at:
Mylk and Maple ABN 44 527 130 629
16A Foot Street, Frankston VIC, Australia 3199
These terms and conditions govern your use of our website; Access to all information on this website including purchase of our product/s is provided subject to the following terms and conditions. By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use our website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the terms and conditions. “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. The information is intended for residents of Australia only.
The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 years of age, you must present this Agreement to your parent or legal guardian.
When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user 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.
OUR WEBSITE SERVICES
By placing an order with us you confirm that the information that you give is correct and truthful.
The contract between us shall be governed by the Laws of Australia and any dispute between us will be resolved exclusively in the courts of Australia. English is the only language offered for the conclusion of the contract.
Mylk and Maple permits you to purchase items from the website, in store and over the telephone. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.
We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
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. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. The licence also does not permit you to metatag or mirror our website without our prior written permission. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. If we become aware of any of this activity we reserve the right to serve you with notice, and this may cause rise to a claim for damages and/ or be a criminal offence.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited and is part of these terms and conditions.
Under no circumstances shall we be liable for any unauthorised use of the Site or the Products. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
All pricing is in Australian dollars (AUD$) We endeavour to ensure that our price list is current and up to date and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
We supply our products to customers within Australia only. Cakes will not be shipped and are available for pick up only from Frankston Victoria. Delivery can be arranged for business customers.
PURCHASE OF PRODUCTS
You agree that you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale. You also acknowledge that the information provided in your order is accurate and complete; and that you will be able to pick up your products or accept delivery of your products.
Online orders can be placed with at least three business days’ notice. Customers who wish to place an order for pickup within three business days may call 0400177444. Every effort will be made to complete such orders; however Mylk and Maple cannot guarantee this. All orders require full payment at the time of ordering.
We reserve the right not to accept an order at our sole discretion. The most common causes for non-acceptance of an order are / but not limited to: The product is out of stock; Payment has not being authorised; Error in pricing or product description; The criteria in these Terms and Conditions are not being met; Technical failure of the website.
All products are subject to availability. 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. In the unlikely event that we are unable to supply you with your request, we will notify you as soon as possible.
On occasion the product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.
Please note that we have no control over the conditions in which our products are stored once they have left our premises. All risk of loss or damage to the goods passes to you once you have picked up your goods.
Products which were due to be collected by you, which you failed to collect on the appointed day, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products are therefore likely to deteriorate. We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from us if they are damaged during transit.
Please make sure to read the labels on the packaging for any allergy inquiries. Do not solely rely on the information given on the website as mistakes can occur.
All our products are being produced, where applicable, and stored in an environment where nuts and seeds are being used. Product may therefore contain traces of nuts and seeds. We cannot guarantee that traces will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
If you wish to add to or change your order, or change the date or time of collection of your order, then we will accommodate you, subject our time availability and the stock we have available, provided that you telephone us 48hours before your order is due to be collected or delivered.
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. There will be no binding contract between you and us unless and until we accept your order in accordance with the procedure detailed below. To enter into a contract to purchase products from us, you will need to take the following steps:
i) Add any product you wish to purchase, to the shopping cart by selecting the quantity and nominating a pickup date and time (minimum of three days notice is required); ii) See a summary of your order on the shopping cart page and proceed to checkout by clicking ‘Checkout’; iii) Enter your contact information, including email and phone number, and proceed to billing information. Your email address will be captured and automatically added to our mailing list. You can opt-out anytime; (iv) you may then be asked to confirm your order and your consent to our terms and conditions; v) Complete your billing information, including name, address and credit card details for secure payment. You can pay with MasterCard, Visa, Discovery or American Express; vi) Your offer to purchase will only be accepted once you have made payment in full for the products ordered and the payment has been received by us. vii) Payment will be processed through our trusted provider, Stripe; and you will be provided with an initial acknowledgment called ‘Order Received' with an email that will be delivered to the email address provided by you at the time of purchase; viii) once we have checked whether we are able to meet your order we will send you an order confirmation. At this point your order will become a binding contract. Alternatively, we will confirm by email or telephone if we are unable to meet your order; ix) Please note that your order is not 100% confirmed until Mylk and Maple have contacted you either via email or telephone, with an ‘Order Confirmation’ that we can fulfil the order and that the pickup date and the time are appropriate (at which point your order will become a binding contract).
We undertake to accept or reject your order within Three (3) days. If we have not responded to you within Three (3) 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 do not currently have that product in stock.
The advertising of products on our website constitutes an "invitation to treat" - not a contractual offer. The purchase of products via our website will be subject to our terms and conditions.
From time to time it is possible that prices on our website may be stated incorrectly. We strive to ensure that our products are described as accurately as possible; however we do not warrant that the description is accurate. Where we become aware of any inaccuracy or misdescription, we reserve the right to correct it.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour or that any given image will reflect or portray the full design or options relating to that product. We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
Customers may request particular decorative specifications; however all cakes are subject to the artistic expression of Mylk and Maple. A Cake is handmade and unique, so no cake is ever the same. As such, cake garnishes and decorations will vary.
RISK & TITLE
The products will be at your risk from the time of pickup or if you are a business customer, from when your order is delivered. Ownership of the Products will only pass to you when the products have been picked up or delivered; and when we have receipt of full payment of all sums due for the products, including delivery charges.
Until the products ownership has been passed to you, you will possess the products as our fiduciary agent and bailee; if you are a business customer you must separately store the products away from other goods and you must make certain that the ownership of the products are clearly identifiable as belonging to us. We will be entitled to recover payment for the products even where ownership has not passed to you.
PAYMENT & PRICES
Payment must be made when placing the order. This also applies to any pre-ordered items. We may withhold the products and/or cancel the contract between us if payment is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Prices for products are liable to change and we reserve the right to change or amend prices at any time at our sole discretion.
When using a card you confirm that you are the cardholder. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
The price you will be charged is the price stated on the website at the time we receive your order. In the unlikely event that an incorrect price has been given, we will contact you as soon as possible to see if you would like to go ahead with you order at the correct price or cancel the order. If we fail to get in contact with you we will cancel the order in respect of the incorrect priced product.
The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect pricing.
Please make sure you receive an acknowledgement of payment “order Received” via email as well as a confirmation of your order. Failure of either to arrive might indicate that the order has not gone through successfully.
AVAILABILITY, DELIVERY & COLLECTION
The Products ordered by you can only be collected within a given time slot which we will notify to you in the Order Confirmation.
If an order is not picked up, we will make every attempt to contact “you” the customer. If for any reason you find yourself unable to collect your order within the given time slot, we will retain your ordered products for collection by you, for 24 hours. You may telephone us on 0400177444 to arrange an alternative time for personal collection within 24 hours.
In order for us to hand over the ordered Products upon collection or (delivery to business customers), the recipient must provide to us the valid Order Confirmation number. Business customers must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for condition of the product.
If you notice an error in the Order Confirmation you must notify us by telephone (0400177444) at least 48hours before the order is due to be collected. You must have a copy of your order confirmation as proof of payment / order. We will do our utmost best to rectify any issues with the order.
Changes are permissible to an order up to 48 hours prior to the scheduled pick up time. Mylk and Maple cannot guarantee that alternative flavours will be available and minimum order quantities (e.g. minimum 4 slices) must be adhered. All changes must be submitted in writing to (Our contact details are at the bottom of this page) Upon pick up, minor adjustments can be made for an additional charge of $5.00 per cake.
CANCELLATIONS & REFUNDS
This Section applies to consumers, not business customers. Cancellations will be accepted up to 48 hours prior to the scheduled pick up time. No refunds will be provided for orders that are cancelled with less than 48 hours notice as the goods will be in the process of being made and the supply of such goods which by reason of their nature, cannot be resold, returned or are liable to deteriorate or expire rapidly. All cancellation refunds are subject to a 5% fee to cover costs incurred by the initiation of an order. All cancellations must be submitted in writing to (Our contact details are at the bottom of this page ) Your right to cancel does not apply to any goods made to your specification, i.e. especially bespoke cakes or personally decorated cakes. The provisions of this clause do not affect any statutory rights you may have as a consumer.
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
Refunds will not be issued for any reason, other than order cancellation with at least 48 hours notice. If you are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if: i) you cease to trade; ii) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; iii) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; iv) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or v) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
Upon the cancellation of a contract we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products)
If you wish to cancel your order, this must be done before 48 hours prior to collection or if you a business customer, then 48 hours prior to delivery. If you fail to give as proper notice within the aforementioned time-frame you will remain liable to pay to us the full cost of your purchase.
This paragraph applies to both consumers and businesses: Mylk and Maple is not responsible for damage that may occur to an order after pickup or delivery. Remember that once you have collected or picked up your purchase you become solely responsible for the storage, transportation and condition of the goods.
YOU AGREE that:-
It is your responsibility to provide accurate personal information ("Personal Data") You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own. It is your responsibility to maintain the confidentiality and security of your Personal Data.
We will utilise anti-virus protections, however it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);
You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
MISUSE OF THE SITE
We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated, you will need prior consent to be permitted to re-register or to re-access the Site. You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof. 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.
BUSINESS CUSTOMERS: INDEMNITY & LIMITATION OF WARRANTIES
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
We warrant to business customers that the products purchased from us will: i) conform in all material respects to any applicable specification of such products issued by us; and ii) be free from material defects in materials and workmanship upon the date of delivery of the products. These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers.
LIMITATIONS OF LIABILITY
Our liability to you in relation to the use of our website and in connection with these terms and conditions will be limited to the full extent permissible by law and as follows: i) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; ii) we will not be liable for any consequential, indirect or special loss or damage; iii) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; iv) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; v) our maximum liability in relation to any event or series of related events will be limited to $400; vi) we will not be liable for any losses arising out of a force majeure event; vii) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer\'s or our instructions or recommendations, or any alteration carried out by you or any third party; and if you are a business customer: viii) our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product; and ix) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.
EXCLUSION OF THIRD PARTY RIGHTS & ASSIGNMENT
The Site is provided "as is" and you acknowledge and understand that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email. Our contact details are at the bottom of this page.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
INTELLECTUAL PROPERTY RIGHT
All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
"force majeure event" means: i) any event which is beyond our reasonable control; ii) the unavailability of raw materials, components or products; and/or iii) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. We will notify you if we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms and conditions. We will take reasonable steps to mitigate the effects of the any force majeure event.
JURISDICTION, LAW & LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These terms and conditions are to be governed by and construed in accordance with the laws of Australia 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 Australia and you agree to submit to the jurisdiction of those Courts. Australian Law governs this Agreement and your use of the Site, and you expressly agree that the Australian courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
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.
ACCEPTANCE OF TERMS & CONDITIONS
By using this Site, you signify your acceptance of the Terms and Conditions. If you do not agree, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
We are committed to quality and exceptional customer service. We encourage customers to provide us with feedback. Any complaints will be effectively assessed, investigated and responded to within 14 days. If you have any questions about the Terms and Conditions, the practices of this site, or your dealings with this site, please contact us at:
Mylk and Maple
Our ABN number is 44 527 130 629
PO Box 4040 Mount Eliza, VIC, Australia 3930