webusers, customers, buyers and anyone using our websites
AustraliaCakes.com, are requested and required to read the following
conditions upon making an order or request of delivery. If you do not agree, do not use this website and do not order. We have our terms set and written here so that everything will be more clear and there will be no misunderstandings. Although we have some strict guidelines, we will be as flexible as much as possible as long as you, the user, is also flexible. We strongly believe in working together in a win-win situation. Please note that the photos taken on the website are professionally taken, edited and the actual product received will vary and not look the same as the photos on the website. Flower products are live, real and will vary in shape, size, shade and color. Live products can be affected by natural conditions such as seasons, weather, temperature, etc. Please fully understand this before you order and make payment. We like to be honest and as straight forward as possible so everyone is clear and happy.
Delivery Issues & Non Delivery
Delivery to temporary addresses
Refunds & Returns
Terms & Condition
and Conditions of Use
The following rules ("Terms and Conditions")
govern the use of the Web site AustraliaCakes.com
and the services offered on the site, such as but
not limited to Express Delivery, Morning Delivery,
Reminder Service, Affiliate Programs, Petalpoints,
Beebates, Corporate Account, and the ability to order
products and receive newsletters and promotional emails,
and links (collectively, our "Site"). Please
read the following Terms and Conditions carefully.
using our Site, you understand and agree to be legally
bound by these Terms and Conditions and to follow
these Terms and Conditions and all applicable laws
and regulations governing our Site. The Terms and
Conditions shall supercede any subsequent terms or
conditions included with any purchase order, whether
or not such terms or conditions are signed by AustraliaCakes.com.
("AustraliaCakes.com," "we", "us",
"our", "the website", "site", and / or
"company"). We reserve the right to change
these Terms and Conditions at any time, effective
immediately upon posting on our Site.
and Trademarks of AustraliaCakes.com
Unless otherwise specified, all materials appearing
on our Site, including the text, site design, site codes, graphics,
logos, icons and images, as well as the selection,
assembly and arrangement thereof, are the sole property
of AustraliaCakes.comor our respective content providers, Copyright © 2000 - 2022,
ALL RIGHTS RESERVED. All audio, photos, images and
video clips are the sole property of AustraliaCakes.com
or our respective content providers. The content and
software on our Site is the property of AustraliaCakes.com
and/or its suppliers and is protected by local and international copyright laws. You may view, download,
print and retain a copy of pages of our Site only
for your own personal use. Except as expressly provided
above, you may not use, download, upload, copy, print,
display, perform, reproduce, republish, license, post,
transmit or distribute any information from our Site
in whole or in part without our prior written permission.
If you wish to obtain permission to reprint or reproduce
any materials appearing on our Site you may contact
us. All rights not expressly
granted herein are reserved.
We may post legal notices and various credits on pages
of our Site. If you duplicate, publish or otherwise
distribute material on our Site, you may not remove
these notices or credits or any additional information
accompanying such notices and credits.
You agree that you will not misuse or abuse account
access and passwords. You agree that you will use
only your password and that you will take all reasonable
precautions to protect its secrecy.
In the event a product (including, but not limited
to, flowers, plants and floral arrangements and gifts) is listed
at an incorrect price or with incorrect information
due to typographical error or error in pricing or
product information received from our suppliers, we
reserve the right to make a substitution and deliver
what we believe was intended to be placed or written
on the website. We also reserve the right to refuse
or cancel any orders placed for products listed at
the incorrect price. We shall have the right to refuse
or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If
your credit card has already been charged for the
purchase and your order is canceled, we shall issue
a credit to your credit card account in the amount
of the charge. For orders that were already sent,
no refunds are allowed. When using our website you
agree to indemnify and hold us harmless of typographical
errors and incorrect descriptions or wording and incorrect
pricing. You have the right to not order from us if
you do not agree upon our terms and conditions.
Due to the constant changes of currencies we use USD (US Dollar) as the final price. The currency other than the US Dollar may not be accurate or reflect the current market value. Should the currency listed on the website be different than the current currency rate, your billing will be based on USD. Any request for the currency differences will not be granted. In the event our currency is not updated, we will use the greater value between the currency and USD.
Prices on the website
The prices on the website may change at anytime. We may base our prices on the flower market prices as well as the market prices. If our suppliers prices increase, we have no choice but to also increase the website prices. During Valentine's this normally happens. If you had made an order a day ago but didn't make payment until the following day, the prices you find could have changed. If you order something but later we have some special promotions, we cannot refund you the difference. We base our price on the current situation. Also, we may not update the currencies on the website. If there are any currency differences, we will use the greater value.
Express Delivery charges
Express delivery charges is separate from the price of delivery. The Express delivery charge will be automatically added to the order for orders that are to be sent within 36 hours from the ordering time.
Morning or Night Delivery charges
Morning and night delivery are extra features that might be offered on the website. These services need to be ordered at least 24-36 hours in advance. These services are not guaranteed. If the Morning Delivery is ordered but the order ends up being delivered after 12:30pm, the morning delivery fee will be refunded. The rest of the order cannot be refunded once the order has been processed and dispatched.
We offer online chat services on our website which the software may be of third party companies such as Comm100, Yahoo Messenger, Skype, MSN and QQ are an addition to the services we already offer. Online chat services may not always be available. If we are not on chat, you may leave a message directly on the chat form or email us. We may hire third party call centers to take care of our online chat. We are not liable and shall not be liable for any misrepresentation resulting from online chat. Any agreement such as pricing, delivery times and terms shall be written in email and not done through the online chat. We are not liable for any agreement or claim done on the online chat, such as but not limited to, pricing, refunds, billing issues, item availability and/or delivery times.
We accept most all forms of credit card payments. We recommend using Paypal over Authorize.net as Authorize.net payments may require more verification. Authorize.net payment information must be exact otherwise the payment will most likely be declined. If payment is declined the order will not be processed nor scheduled and an email notification of the issue will be sent out. When payment is accepted an email notification will be sent information that the order is in progress. Once the order is scheduled, another email will be sent to confirm the schedule.
We may need to verify payment and identification for any issue or question of payment. Orders may be put on hold or cancelled with any issue or question about payment. Accepting payment does not constitute agreement nor guarantee order delivery. Payment and order confirmation does not reserve nor guarantee items and products availability. Products and items including flowers, gift basket items, fruit baskets and any non durable goods are often ordered at the markets on the day of the delivery date to ensure freshness however the item(s) may not be available or in stock.
We may not always accept bank transfers for payment. In the event we accept a bank transfer for payment we may need to use an unrelated or third party account to accept the money on our behalf. Fund transfers could result in extra charges and handling which is to be paid by the buyer. If funds received is less than the total order amount or the buyer has not paid the incoming fees of the transfer, we reserve the right to request the amount differences from the buyer or not send the order. In the event of a refund request, whether the order has been delivered or not, we will subtract all bank incoming fees and outgoing fees, restocking fees which may be no less than 20% of the total amount and only provide a shop/store credit. Restocking fees will most certainly apply to orders that we have already purchased the item(s) or prepared the item(s) for delivery.
Your receipt of an electronic or other form of payment confirmations
and Schedule confirmation does not signify our acceptance
of your order, nor does it constitute confirmation
of our offer to sell. We reserve the right at any
time after receipt of your order to accept or decline
your order for any reason. We may require additional verifications
or information before accepting any order. Once an
order has been sent, no refunds are allowed.
We may have and/or contract a third party florist or company make order fulfillment. We may transfer your order to other florists, companies or contractors to make the full arrangement of your order. The third party florist, company or contractor most of the time need to contact the recipient of your order. The item or items delivered may vary (refer to the substitution policy). Items will not be the same as the photo(s) on the website. The photos on the website are only for reference. The photos on the website are professionally taken, edited and the actual product received will look different. We are not liable and shall not be liable for any misconduct of the third party florist, company and/or contractor. In the event there is a problem of fulfillment that was arranged by a third party we will try to resolve the issue between you, the recipient and the third party company. By using and ordering on our website you, the user and/or buyer agree to indemnify and hold harmless from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to the work of the third party florist, company and/or Contractor.
As we are primarily a florist, orders made must have a main floral product which primarily would be a flower bouquet. Not all florists can accept orders without a flower bouquet. Items such as cakes, chocolates, wine, teddy bears, fruits and fruit baskets are considered add-on items which are not considered a main floral product and if ordered may require additional handling charges to be fulfilled. Individual flower stems, which can be ordered in the custom flower section, that do not have the main flower bouquet is also considered an add-on item and would require a flower bouquet ordered together or additional handling charges for the order to be fulfilled by our florists. If the rquired flower bouquet or additional handling charges are not met, we have the right to refuse and not accept the order.
Delivery issues & Non delivery
It is important that the correct information is provided to ensure a successful gift delivery. Please ensure that your full name, phone number and email are correct. Please ensure that the recipient's full name, phone number and address are correct. We cannot be held responsible and refunds are not allowed for delivery problems which result from a problem with the address you provide, incorrect delivery information and the recipient not being at the address or no longer living at the address. If the recipient is not at the address at the time of delivery, your order may be left with any type of area management or security, neighbor or left the order at the recipient's door. If there are no other options available, the order may be returned and at a later time if the recipient can be reached a re-delivery may be made. Re-delivery fees may apply.
To emphasize the importance, please make sure to check that all the information you provide is correct. We are not and cannot be responsible and do not accept refunds for any failed deliveries due to delivery address issues, recipient issues such as recipient not at address or recipient not accepting the delivery. If the recipient does not accept or rejects the delivery, you agree to pay for the order in full and agree on no refunds. We cannot control your recipient's action and you take full risk and responsibility of the recipient and recipient's action. You agree that once the order is scheduled no refunds are allowed. You agree that once your order is signed by the recipient or by whoever signs your order on behalf of the recipient, your order is considered delivered.
For orders that you claim "Non delivery" or not delivered, we will check all the details and try to trace and track the order. If we found the order was not delivered, you can provide us with a new delivery date so we can reschedule the order delivery. If we found the order was not delivered with no attempt of delivery was made and you do not wish to reschedule the order, we will provide you a full refund.
Shipping and Delivery
AustraliaCakes.com, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers does not guarantee to telephone the recipient prior to delivering packages, and we cannot guarantee the time of delivery. If recipient of the order is not present at time of delivery, the order may be left at the location which may be unattended at the recipient's door step, recipient's lobby, a neighbor, a management company, security or any other place that the recipient can pick up and access at a later time.
We are not responsible if the recipient's address is incorrect or if the recipient does not pick up the order after we had made the delivery to the specified address. Should a re-delivery be necessary, a re-delivery fee may be charged. For orders that has been delivered the money cannot be refunded.
You are responsible in informing us the correct full name of the recipient, the dates and time that the recipient is at the location, and making sure the recipient will accept the order. Once the order is scheduled, you agree that no refunds are allowed. If the recipient rejects or declines the order for whatever reason, you agree and acknowledge that you will be charged for the full order amount and waive the right for refund.
AustraliaCakes.com reserves the right to keep confidential and not disclose the company's supplier(s) or service provider(s). Disputes and complaints must be submitted via email within 48 hours of the delivery date.
Quality issues, missing items or items not as described
In the case that there is any claim of quality problems, missing items or item not as described, you, the buyer, must (1) send us a photo, (2) write a description of your reason you believe there was a quality issue, (3) list out all the items received and (4) list out any items missing by email within 48 hours of the delivery date. We will use the photo and the information you provided to compare what items were ordered versus what items were received. Because photos may not show all items, it is important that the list of items received is provided to us. If no photo, no description nor list is sent to us, we would not be able to validate the claim which we would not be further obligated to resolve the issue and you agree the full price is non refundable without further compensation.
When a complaint is made about the quality of the items, you need to allow us to have our florist contact the recipient to resolve the issue which the recipient will be informed of the complaint and asked questions. If you, the buyer, have a complaint about the item(s) delivered but do not allow us to contact the recipient, we would not be able to conduct the necessary investigation and you would then waive your right to any compensation. However, we may at our sole discretion determine whether a discount can be provided.
Once the delivery has been made and items have been accepted by the recipient, you agree the order is non refundable and price non negotiable. In the case that our florist confirms missing items, we will direct our florist to deliver the missing items. In the case that you make a claim of the items not as described, no refunds are allowed and only exchanges of the items are allowed at our full descretion as long as the claim is validated by our company with the photos and description of the items that you provided. If the items need to be exchanged, the recipient may be required to return back the original items with the exchanged ones. For non durable goods, such as flowers, the items need to be exchanged within 48 hours otherwise you agree to waive your right to any compensation and refunds. If we agree on exchanges after 48 hours, you may be required to pay additional fees including delivery fees for the redelivery. You agree that we are not obligligated to provide any discount on claims of the items not being as described however at our descretion we may offer a discount only to try to close the claim or issue. If we offer a discount or credit but you do not agree or decline the offer, we are no longer obligated to provide any further offers and our previous offer or offers are no longer valid.
Delivering to businesses, hospitals, hotels universities
For delivery to addresses that the recipient resides temporarily or short term address of the recipient, the recipient must be contacted first and the premises or establishment must sign for your order. You must also provide us with your (1)full name, (2)phone and (3)permanent address or the recipient's permanant address. This should be entered in the comments in the order form. Without this information we may not be able to send your order.
Temporary short term addresses include business addresses, hospitals, hotels, hostels, motels, airports, restaurants, clubs, events, universities and any other public places. It is not in our control if the recipient is not present or left the temporary location at the time of delivery. You are responsible in informing us the correct full name of the recipient, the dates and time that the recipient is at the location, and making sure the recipient will accept the order. Once the order is scheduled, you agree that no refunds are allowed. If the recipient rejects or declines the order for whatever reason you agree and acknowledge that you will be charged for the full order amount and waive the right for refund.
Other hospital-specific delivery issues
Deliveries to hospitals are often problematic as patients move from ward to ward, or are discharged. This means that we sometimes are unable to deliver orders for customers at a very emotional time. However, many of these problems can be resolved by ensuring that we have accurate and up-to-date information about the ward that the recipient is in.
It is particularly important that you provide the full name of the recipient of the order as there can be several patients with the same name and this can lead to delivery issues that are out of our control.
In the event that delivery to the recipient is not possible, we reserve the right to charge an additional production and delivery charge. If you decide to cancel the order after the order has been arranged, we reserve the right to charge the full value of the order.
Other business addresses delivery issues
In the event our standard delivery option is chosen for a business address and a delivery between 8am and 7pm fails due to the recipient not being available, or the business being closed, we will not accept any liability for the non-delivery and reserve the right to charge an additional production and delivery charge for any subsequent re-delivery. If you decide to cancel the order prior to the order being arranged, we reserve the right to charge deduct a cancellation fee from the refund value. If cancellation is made after the arrangement has been made, we reserve the right to charge the full value of the order.
You acknowledge that the vases and basket product
mix continuously change and the vases delivered with
the flowers may not match with the vase seen in the
photo. We will choose a vases found appropriate. You
also acknowledge that a vase or vases maybe be used
in replacement of a gift box or gift boxes. Please
see our Substitution Policy.
Special offers, coupons, or discounts cannot be used
in conjunction with other offers. Limit one promotion
per order. Please read the official rules that accompany
each special offer, coupon and discount.
and Search Results
Our Site may link to other sites. We have no control
over other sites or their content and cannot guarantee,
represent or warrant that the content of these sites
is accurate, legal and/or inoffensive. We do not endorse
the content of other sites, and cannot warrant that
these sites do not contain viruses or other features
that may adversely affect your computer. By using
our Site to search for or link to another site, you
agree and understand that you may not make any claim
against us for any damages or losses resulting from
your use of our Site to obtain search results and/or
to link to another site. However, if you have a problem
with a link from our Site, please notify us.
We will investigate the link and take appropriate
of the Terms and Conditions
By using our Site, you understand and agree that we,
at our sole discretion and without prior notice, may
terminate your access to our Site and to any services
offered on our Site, and may remove any content on
our Site you have provided ("User Content")
if we believe that the User Content violates or is
inconsistent with these Terms and Conditions or their
intent, that your conduct is disruptive, or you have
violated the law or the rights of the local or international law or
You agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our
Site and your purchase of products or services through
our Site. We may, in our sole discretion, report actual
or perceived violations of law to law enforcement
or appropriate authorities. If we become aware, through
a complaint or otherwise, of any potential or suspected
violation of these Terms and Conditions or the our
(but are not obligated to) conduct an investigation
to determine the nature and extent of the suspected
violation and the appropriate enforcement action,
during which investigation we may suspend services
to any customer being investigated and/or remove any
material from our servers. You agree to cooperate
fully with any such investigation. You acknowledge
that violations of the Terms and Conditions or the
The local export control laws regulate the export and
re-export of technology of its origination. This
includes the electronic transmission of information
and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their
AustraliaCakes.com is committed to protecting
customers' privacy. It is important that you
fully understand the terms and conditions under which
we use the information we gather from you through
the use of our Web site located at URL www.AustraliaCakes.com (our "Site"). We
will never share your personal information with anyone
Policy will be announced on our Web site at least
ten days in advance, so please check back periodically.
We respect and make efforts to protect the privacy
of all users of our Site. We reserve the right to
disclose or not disclose any information regarding
but not limited to our website, suppliers, product
cost, company, directors, managers, location, contact
number, fax number and any other business handlings. However, any issue related to payment including payment disputes, we reserve the right to disclose any and all information of the user's information especially for collection of payment.
We welcome all comments, feedback, information, or
materials ("Feedback"), which you submit
to us through or in conjunction with our Site. Please
note that Feedback shall be considered non-confidential
and become the property of AustraliaCakes.com. By submitting
Feedback to us, you agree to a no charge assignment
to us of all right, title and interest in copyrights
and other intellectual property rights on a worldwide
basis to the Feedback. We reserve the right to use the Feedback
on an unrestricted basis. Should we find any feedback inappropriate or with any intention to damage, distort or disturb the website or company image, we reserve the right to delete or alter the posting.
You must be 18 years or older and have a valid credit
card, with full authority to use it, to submit an
order through this Site. You agree not to use this
Site or any content contained in it for any illegal
or inappropriate activities.
Due to the constant
change of floral products, food and gift items, stock is not always available thus we reserve the right to make substitutions. Should a particular item ordered not be available, substitutions of the item, in equal value, will be made. Substitutions are applicable for
all products found on the website. Substitutions can
be in the form of, but not limited to, size, shape,
color, kind, type, material and matter. Substitutions
apply to flowers of all kinds and types and for products
including, but not limited to, wines, chocolates, gift products, gift baskets, fruits, teddy bears, stuff
animals, cakes and any products found on the website.
In the case you, the user, selects "Depends" as the option for substitutions, and an item is unavailable or out of stock our florist may contact the recipient to ask their preference of other items. If the recipient is not available or unreachable and an item is not available, our florist will help decide on the substituted item on your behalf to avoid delay in delivery. Should you not wish for the florist to make any decision for substitutions nor do not want the recipient to make any decision, you should select "No" for substitutions.
In the case that you, the user, selects "No" for substitutions and an item is unavailable, we will try to send an email to you to inform you that the item is unavailable and also try to offer other options. However, at our discretion, your order may be placed on hold and not be delivered if substitutions are not allowed. Allowing substitutions is recommended if you do not want your order to be delayed when an item or items are not in stock or unavailable.
Services, such as, but not limited to, the Photo Return
Service, Singing Telegrams, Custom Orders, Photo Drawings,
Packages, that is unavailable we will try to ask the user to make a substitution for another item, otherwise we will make
a refund of that particular service.
Substitution policy applies to typographical errors
and mistakes of descriptions or mistakes found on
the website with products that may also not be available.
Upon ordering, you, the customer and/or buyer, agree
to abid by the terms and conditions of the website
and agrees on our policy of substitutions.
If you, the customer and/or buyer do not agree to
any of these conditions and policies you have the
right to not order or make any purchases on the website.
and value on website:
agree that the prices are acceptable. You acknowledge,
agree and understand that our website prices reflect
numerous factors such as, but not limited to, purchased
cost, overhead, delivery, labour, packaging, handling
and advertising fees. You acknowledge, agree and understand
that our prices may not be the same as the prices
found at any store offline or online and may be higher
priced. You acknowledge, agree and understand that
when ordering an item or items such as, but not limited
to, flowers, plants, fruit, fruit baskets, wine, cake,
food and/or any item listed on our website we reserve
the right to choose the item on your behalf. You acknowledge, agree and understand
that our prices on our website may change at any time and should the price change lower after you had purchased the item, you agree to accept the price you had paid. Prices can change even within the day due to market prices, our suppliers and/or service providers.
acknowledge, agree and understand that our delivery
fee that is charged does not reflect our actual delivery
fee cost. Some charges of delivery may be included
within the pricing of the product.
delivery fee that is charged does not reflect our
actual delivery fee cost. Some charges of delivery
may be included within the pricing of the product.
AustraliaCakes.com is not responsible for:
plants and preserved items delivered to incorrect
addresses supplied by the sender. Unsuccessful deliveries arising from the recipient
not being present at time of delivery at the address
supplied by the sender. Decreased flower and plant quality due to improper care or delays of a delivery due to an incorrect
delivery address supplied by the sender, or a re-route
or redelivery requested by the sender. Flower and plant quality problems where delivery is
delayed due to sender requiring signature upon delivery.
The handling of the item or items by the recipient.
For orders that has been dispatched the
payment of the order cannot be refunded. As long as an order has not been dispatched, applications or request
for refunds must be submitted via email no later than
five (5) days of the delivery date. Any applications
or request for refunds after five (5) days we reserve the right and discretion to reject or refuse the refund. For refunds on orders that were paid by bank transfer we will subtract any fees of incoming and outgoing transfers as well as restocking fees. Restocking fees may be approximately 20% of the total paid amount. We reserve the right to provide store credit minus fees for orders that were paid by bank transfers. We reserve the right to further add any handling charges or restocking fees for refunds. Refunds will be handled by our Billing department which could take several days depending on the issue or season. During peak seasons such as Valentine's day, Mother's day and Christmas, the refund process may take longer.
After and order has been dispatched and delivered, the order cannot be refunded. Non durable goods cannot be returned nor refunded. In the case that you, the buyer, or the recipient, request to return items, a restocking fee of a minimum 20% will apply to the full amount paid as long as the items are not opened and not tampered with and returned within 48 hours in the same condition that the item or items were received. Delivery fees, Express fees and Morning fees cannot be refunded. If the item or items are not returned within 48 hours, you, the buyer, waive the right for any refund.
Recipient rejecting the order
If in the event the recipient rejects the order, there can be no refunds as the items had been purchased and arranged as well as all expenses paid for the delivery. It is not our responsibility if the recipient rejects the order. If the recipient rejects the order because of quality issues, we will request our florist to make an exchange of the item. For exchanges of the item(s), the item(s) must be in the same condition as received and item(s) cannot be opened, missing or damaged. If redelivery is requested more than once, redelivery charges and restocking fees will apply.
For cancellations made forty-eight (48) hours prior of the requested delivery date which the order has not yet been arranged or delivered we will provide a refund or credit. Once the order has been scheduled, arranged or delivered it cannot be cancelled for a refund. An email is sent when the order is scheduled. Orders cannot be cancelled for a refund within 48 hours of the delivery. An order can be cancelled at any time which an email cancellation email may be sent to you but no refunds and no credits will be given for cancellations that are made within forty-eight (48) hours of delivery or for orders that were scheduled or delivered.
For any disputes about payment for orders that were delivered, including cancelled orders that were delivered, we reserve the right to bill and collect from the recipient and any assocations with the order, including the buyer, sender, recipient and recipient's associations. We reserve the right to use, release, post online and offline and provide to any third party people, companies, agencies such as collection agencies, authorities and the alike, any and all information about your order including your information, your digital data, the sender's and buyer's personal information and digital data, and email correspondences with any association with your order. We allow and give third party entities the full authority to use, release and post online and offline all information associated with your order for the primary purpose to collect payment.
We take disputes and non-payments very serious, especially when payment involves fraud. We
reserve the right to contact the recipient upon any
dispute or issue and disclose any and all information that is related to the order including private information. Upon any disputed charge or chargeback,
we reserve the right to contact the recipient of the
order for payment and collection. We also reserve the right to contact you, the user's or the recipient's associations, through any means such as email, phone or post mail, in attempt to collect payment or resolve any disputes. In addition, we reserve the right to post any information online or offline regarding any disputed payment or non payment which we may also expose you, the buyer's, user's and/or the recipient's detailed information. You agree that if we are unable to collect payment, we may use a third
party company to make the collection of payment. The third party will be authorized to use in any way or method all data we provide them which may include your personal information and online data as well as the recipient's information and online data. We reserve the right to take back and demand back the item or items from the recipient of the order
at any time.
AustraliaCakes.com GUARANTEES THAT ITS FLOWERS, PLANTS
AND PRESERVED ITEMS WILL BE FRESH FOR AT LEAST THREE
(3) DAYS AFTER DELIVERY, AND THAT IF THEY ARE NOT,
AustraliaCakes.com' SOLE MAXIMUM LIABILITY WILL NOT BE
MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE
AND DELIVER EQUIVALENT FLOWERS, PLANTS OR PRESERVED
ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE.
CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT WITHIN
THREE (3) DAYS AFTER DELIVERY OR AustraliaCakes.com SHALL
NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL
RELATED CLAIMS REGARDING SUCH FLOWERS, PLANTS AND
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE
INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION
ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS,
INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS
THEREIN ARE PROVIDED "AS IS" AND "AS
AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR
ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY
CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC
AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM
ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD
ON OUR SITE, OUR SITE AND OUR SITE'S USE, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to
you. You may have other rights which vary from jurisdiction
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN,
AustraliaCakes.com, ITS DIRECTORS, OFFICERS, EMPLOYEES
OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES
RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT
OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION
OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE
AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS,
REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED
TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR
SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE
HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY
OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not
apply to you.
You agree that any legal action brought against us
shall be governed by the local and/or international law, without regard
to conflict of law principles. You agree that the
sole jurisdiction and venue for any litigation arising
from your use of or orders made on our Site shall
be an appropriate court of the country. You agree that you will pay all legal fees, including our legal fees, resulting from any letigation. We make no
representations that the content in our Site is appropriate
for access outside the
country. Those who choose to access
our Site from outside the country do so on their
own initiative and are responsible for compliance
with local laws. If any provision within the Terms
and Conditions is held to be invalid or unenforceable,
such provision shall be struck and all remaining provisions
shall be enforced.
By using our Site, you agree to indemnify and hold
AustraliaCakes.com, its subsidiaries, affiliates, officers,
agents and other partners and employees, harmless
from any loss, liability, claim or demand, including
attorneys' fees, made by any third party due to or
arising out of your use of our Site, including providing
a link to another site or any content to or of our
Defamation, Libel and Slander
Defamation!Xalso called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)!Xis the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. In the event a user posts slander or tries to intentionally ruin the image of our website, the user may be liable for Punitive damages, exemplary damages, compensatory damages and any type or form of damages resulting from such action. We reserve the right to hold and/or keep the user/buyer's payment in the event the user/buyer make any attempt of threats or claim of posting slander, defamation and/or negative comments online. We reserve the right to contact the user/buyer's recipient of the order, affilliates and related parties in the event the user/buyer has made any threat or attempt of slander or any attempt of trying to ruin the image of our website.
regarding this Policy should be directed to us.
This Policy will explain the following regarding use
of our Site:
What information do we collect from you?
Where do we collect information from you and how do
we use it?
Who is collecting your information?
With whom do we share your information?
How may you update, correct or delete your Personally
What are your choices regarding collection, use and
distribution of your information?
What security precautions are in place to protect
against the loss, misuse or alteration of your information?
Children, Parental Consent and Privacy.
You should carefully review privacy policies of any
third party sites accessible from our Site.
Contacting us about privacy questions or concerns.
1. What information does AustraliaCakes.com collect from
In order to better provide you with numerous products
and services, our Site collects two types of information
about its visitors: Personally Identifiable Information
and Non-Personally Identifiable Information. Our primary
goal in collecting information from you is to provide
you with a smooth, efficient and customized experience
while using our Site.
Personally Identifiable Information: "Personally
Identifiable Information" refers to information
that lets us know the specifics of who you are. Personally
Identifiable Information is requested when you register
with us, order a product or service, fill out surveys,
correspond with us, or otherwise volunteer information,
for instance, through the use of our Reminder Service.
Personally Identifiable Information might include
your name, mailing address, telephone number, email
address and other identification and contact information.
If you are using our Send a Hint Greeting service,
we may ask you to provide the name and email address
of a friend or loved one so that we may send them
a hint about an event that could be made more special
with the gift of flowers. We may also collect certain
financial information, like your credit card number
(or a check or money order if using such payment method
while ordering via mail); whenever we do so, we will
attempt to provide a link to this Policy so that you
can confirm how this information will be used. With
this information, we can fill your service and product
orders and better provide you with personalized services.
Identifiable Information: "Non-Personally Identifiable
Information" refers to information that does
not by itself identify a specific individual. We gather
certain information about you based upon where you
shop on our Site in several ways. This information
is compiled and analyzed on both a personal and an
aggregated basis. This information may include the
Web site's Uniform Resource Locator ("URL")
that you just came from, which URL you next go to,
what browser you are using, and your Internet Protocol
("IP") address. A URL is the global address
of documents and other resources on the World Wide
Web. An IP address is an identifier for a computer
or device on a Transmission Control Protocol/Internet
Protocol ("TCP/IP") network, such as the
World Wide Web. Networks use the TCP/IP protocol to
route information based on the IP address of the destination.
In other words, an IP address is a number that is
automatically assigned to your computer whenever you
are surfing the Web, allowing Web servers to locate
and identify your computer. Computers require IP addresses
in order for users to communicate on the Internet,
browse and shop.
2. Where do we collect information from you and how
do we use it?
Our primary goal in collecting personal information
is to provide our visitors with a superior customized
online experience. We use customer contact information
to fill orders, contact prior purchasers to inform
them of their order status, to remind customers of
events through our Reminder Service, to send our customers'
friends or loved ones hints to send flowers through
our Send a Hint Greeting service and to send promotional
We may perform statistical analyses of aggregate customer
behavior. This allows us to measure relative customer
interest in the various areas of our Site for product
development purposes. Any information we collect is
used for our own internal purposes to improve the
content and navigation of our Site, to enhance users'
experiences when visiting our Site, to customize the
content and/or layout of our pages, and to provide
the services required by an individual customer. We
also use information to notify consumers about updates
to our Site, to complete user-initiated transactions,
to trace false orders and to contact consumers directly,
or through our third party service partners, for marketing
gather information in the following ways:
We collect IP addresses for the purposes of system
administration, to gather broad demographic information,
and to monitor the level of activity on our Site.
We collect information from visitors to our Site regarding
the referring URL, your IP address, which browser
you used to come to the Site, the country, state and
telephone area code where your server is located,
and the pages of our Site that you viewed during your
Ordering: When you order from us, we collect Personally
Identifiable Information from you. If you order one
of our products or services, we will collect and maintain
your name, email address, mailing address, telephone
number, product selections, credit card number (or
check or money order information if using such payment
methods while ordering via mail), order number, referring
URL, IP address and a password, as well as the recipient's
name, address and telephone number, if different than
yours. We collect this, and other information, as
disclosed in this Policy, in order to fill your order,
to communicate with you about your order, or the recipient,
as appropriate, and to send you promotional materials.
Before confirming your order, you will have the opportunity
to review the product order form and make changes
and additions to the information it contains and these
changes will be automatically kept for future use.
If you cancel an order or do not complete an order
we may collect and use your email address that you
have entered as we would collect and use it if you
had completed an order.
Order: If you use our Track/Modify Order service we
will gather your email address and account password,
if you have one, in order to locate your order so
that we may give our most recent tracking information,
or so that you may modify the order. If you choose
to modify your order, we may collect information that
we would normally collect when you order products,
as explained in the above paragraph.
Account: When you set up a corporate account with
us we collect your name, company name, email and phone
number. Upon signing up for a corporate account we
will contact you by either email or telephone to determine
how AustraliaCakes.com can best serve your corporate needs.
We will also give you the opportunity to receive periodic
updates regarding AustraliaCakes.com' corporate services.
If you make purchases through your corporate account
we shall gather similar information that we gather
when you order as an individual, plus certain information
regarding your corporation.
Surveys and Polling: In order to improve our services
to you, we ask some of our customers to voluntarily
complete surveys, which may be collected by an independent
third party. Individual survey answers are confidential,
although Non-Personally Identifiable Information is
collected and disclosed to third parties. If you do
not wish to participate in a survey, simply decline
to participate when asked.
& Promotional Emails: We may offer free electronic
newsletters and promotional emails as a service to
our prior customers. We may send you newsletters and
emails periodically listing current specials and deals
ourselves or through our third party service partners.
We never send promotional emails to you once we have
processed your request for us not to do so. This option
is included in every promotional email. There may
be opportunities to subscribe to an email list that
will send you information about our Site events, but
we will only add you to the list with your consent.
To stop receiving our newsletter, send us a request by email.
GIFs: In conjunction with our third party service
GIFs to gather information when you visit our Site,
make a purchase and when you click-through to our
Site from a targeted email or newsletter. To find
out what cookies and clear GIFs are and how they can
be used, click here.
Information and Third Party Data: If you contact us
by telephone, email or letter, we may keep a record
of your contact information, correspondence or comments.
If you report a problem with our Site, we may collect
such information in a file specific to you. If you
provide us feedback through our Site, by email or
by calling one of our Customer Care representatives,
we may ask for your name and email address in order
to send you a reply. If other users or third parties
send us correspondence about your activities or purchases
on our Site, or if you are the recipient of flowers
sent by another customer, we may keep the information
in a file specific to you. Send a Hint Greeting: If
you are using our Send a Hint Greeting service, we
may ask you to provide the name and email address
of a friend or loved one so that we may send them
a hint about an event that could be made more special
with the gift of flowers. We store this information
for the sole purpose of sending this one-time email.
You or the loved one or friend may contact us to request the removal of this information from our
Service: If you choose to use our Reminder Service,
we will ask for and store your email address, as well
as your important flower occasions and holidays and
the names of the individuals to whom you may wish
to send flowers, in order to remind you to send flowers.
Programs: You may purchase flowers from us through
a link on one of our affiliates' ("Affiliates")
Web sites. We pay each Affiliate a commission, or
a portion of the sales made to those who link to our
Site from the Affiliate's site. Some of our Affiliates
run a "rewards" or "charity" program
(the "Programs"). Under such Programs, participants
receive credits based on the commissions an Affiliate
receives from sites such as ours. Participants in
such programs can donate their credits to a chosen
charitable organization, or keep them for their own
use and benefit. If you make a purchase from us and
you are a participant in such Programs, we may share
your name, email address and the value of your purchases.
for an Affiliate Program: Please read the terms of
our Affiliate Program Agreement. A record of any and
all information submitted to AustraliaCakes.com as part
of an Affiliate Program application shall be stored
by AustraliaCakes.com and only disclosed by AustraliaCakes.com
in an effort to evaluate such application with prior
consent from you.
also track customers' traffic patterns throughout
their online sessions, including which pages a customer
views while using our Site. We use your IP address
to diagnose problems with our servers and software
and to administer our Site.
We may share aggregated statistics about pages viewed
on our Site and sales and other shopping information
with third parties.
3. Who is collecting your information?
Except as otherwise expressly discussed in this Privacy
Policy, only we collect your information. This document
only addresses the use and disclosure of information
we collect from you. We encourage you to ask questions
and to be very cautious before you disclose your Personally
Identifiable Information to others. Our third party
advertising service partner may collect information
when you click on its advertisements, open promotional
emails or newsletters or visit our Site via a link
in a promotional email or newsletter. This information
is gathered solely for AustraliaCakes.com' use, however,
our third party advertising service partner may use
this information in a non-personally identifiable
aggregated form for its own purposes. You should contact
our third party advertising service partner directly
if you have any questions about its use of the information
that it collects. For more information about how our
current third party advertising service partner collects
information please click here: https://www.doubleclick.net/us/corporate/privacy/privacy/email/index.asp
In addition, we currently employ a third party service
partner that tracks the traffic on our Site, however,
the only information gathered is solely Non-Personally
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4. With whom do we share your information?
Except as otherwise stated in this Policy, we do not
sell, trade or rent your Personally Identifiable Information
collected on our Site to others. The information collected
by our Site is used to process orders, to keep you
informed about your order status, to notify you of
products or special offers that may be of interest
to you, and for statistical purposes for improving
our Site. We will disclose your Personally Identifiable
Information to third parties for tracking purposes,
to charge your credit card (or process your check
or money order, as appropriate), fill your order,
deliver your order and deliver promotional emails
to you from us. These third parties may not use your
Personally Identifiable Information other than to
provide the services requested by AustraliaCakes.com. For
example, we must release your credit card number to
confirm payment; and release your mailing address
information to the delivery service to deliver products
that you ordered. We also share Web site usage information
we gather from visitors to our Site who have received
a targeted promotional campaign with our third party
advertising service partner for the purpose of targeting
future campaigns and upgrading visitor information
used in reporting statistics. For this purpose, we
and our third party service partners note some of
the pages you visit on our Site through the use of
clear GIFs. For more information about our third party
advertising service partner, please click here: https://www.doubleclick.net/us/corporate/privacy/privacy/email/index.asp
From time to time we may disclose a very limited amount
of information (names and postal addresses) to direct
marketing companies for trade or rental purposes.
You may "opt-out," or instruct AustraliaCakes.com
not to distribute such information to third parties
in the future by sending an email with such instructions
to admin@AustraliaCakes.com, however AustraliaCakes.com may
not be able to provide you our full range of services
if we cannot distribute certain Personally Identifiable
may provide aggregated statistics about our customers,
sales, traffic patterns, and related Site information
to third parties that do not include Personally Identifiable
Information. Moreover, we may release account information
when we believe that such release is reasonably necessary
to enforce or apply our Terms and Conditions or to
protect the rights, property and safety of our users,
others and ourselves.
Requests: From time to time we are contacted by flower
recipients who ask us who the sender was. If we receive
a request from a recipient asking who sent flowers
we will give the name on the gift message accompanying
the flowers. If there is no gift message filled out
or if there is no name on the gift message we may
ask the sender via email. If we receive approval to
disclose the sender's name from the sender via email
or in writing, we will then inform the recipient.
If the sender does not reply via email or in writing
or if the sender denies permission, then we will not
reveal the sender's identity to the recipient.
of Law: From time to time, we may be required by law
enforcement or judicial authorities to provide Personally
Identifiable Information to the appropriate governmental
authorities. We will disclose Personally Identifiable
Information upon receipt of a court order or subpoena
or to cooperate with a law enforcement investigation.
We fully cooperate with law enforcement agencies in
identifying those who use our services for illegal
activities. We reserve the right to report to law
enforcement agencies any activities that we in good
faith believe to be unlawful.
5. How can you update or correct your Personally Identifiable
During the online ordering process you can review,
change or delete the information that you have submitted.
We are updating our Site so that you may change any
of your personal information in your account online
at any time. You may ask us by
email to have the information
on your account deleted, updated or corrected; however,
because we keep track of past purchases, you cannot
delete information associated with past purchases.
Note that we may retain changed or deleted information
for archival or other purposes.
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6. What are your choices regarding collection, use
and distribution of your information?
We may from time to time send you email or other communications
regarding current promotions, specials and new additions
to our Site. If you have supplied us with your telephone
number(s) you may receive telephone calls from us
with information or requests for information regarding
an order you have placed. You may "opt-out,"
or unsubscribe from our newsletters and emails by
following the unsubscribe instructions in any email
you receive from us or by sending an email or by following the instructions provided in each
email to you.
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7. What security precautions are in place to protect
against the loss, misuse or alteration of your information?
We employ industry-recognized information technology
to protect the security of the information you submit
to us. The importance of security for all Personally
Identifiable Information associated with our customers
is of utmost concern to us. Our secure servers protect
this information using password protection and advanced
encryption, and we may use firewall technology for
In order to most efficiently serve you, credit card
transactions and order fulfillment are handled by
established third party banking institutions, process
agents and distribution institutions. They receive
the information they need to verify and authorize
your credit card transactions and to ship your order.
When collecting credit card information for online
purchases, we offer secured-server transactions that
encrypt your information in transit to thwart someone
from intercepting it and misusing it. When you access
your account information, the information is kept
on a secure server. Furthermore, all of the customer
data we collect is protected against unauthorized
access by physical security means.
also encourage our partners and service providers
to adopt and follow stringent consumer privacy policies.
8. Cookies/Clear GIFs.
Cookies: Like many other commercial sites, our Site
utilizes standard technologies called "cookies"
and clear GIFs to collect information about how our
Site is used. A cookie is a small data text file,
which a Web site stores on your computer's hard drive
(if your Web browser permits) that can later be retrieved
to identify you to us. Cookies were designed to help
a Web site recognize a user's browser as a previous
visitor and thus save and remember any preferences
that may have been set while the user was browsing
the site. A cookie cannot be read by a Web site other
than the one that set the cookie. Cookies can securely
store a customer's password, personalize home pages,
identify which parts of a site have been visited or
keep track of selections, such as those selected in
a "shopping cart." For instance, cookies
allow us to prepopulate (or fill in) an email field
with your email address if you revisit our Site and
place an order. A cookie cannot retrieve any other
data from your hard drive, pass on a computer virus,
or capture your email address.
send a cookie to your hard drive when you make an
order to record the product name, category of product
that you ordered, the amount paid, the order number
and any referral codes. No Personally Identifiable
Information is recorded. When you click-through to
our Site from a promotional email, our third party
advertising service partner may send a cookie to your
hard drive recording your IP address and other related
GIFs: We currently work with third party service partners
that employ clear GIFs (also known as pixel tags,
single pixel GIFs, web beacons or action tags) for
our benefit to help us measure advertising effectiveness.
Clear GIFs help us better manage content on our Site
by informing us of what content is effective. Clear
GIFs are tiny graphics with a unique identifier, similar
in function to cookies, and are used to track the
online movements of our users. The main difference
between the two is that clear GIFs are invisible on
the page and are much smaller, about the size of the
period at the end of this sentence. Clear GIFs are
not tied to your Personally Identifiable Information.
third party service partners use clear GIFs: (i) in
HTML-based emails to let us know which emails have
been opened by recipients; (ii) to record when products
have been ordered from our Site; and (iii) to track
the visitor traffic on our Site. These clear GIFs
allow us measure the usage of our Site by our visitors
and the effectiveness of certain communications and
GIFs can "work with" existing cookies on
a computer if they are both from the same Web site
or advertising company. That means, for example, that
if a person visited "www.companyX.com",
which uses an advertising company's clear GIF, the
Web site would match the clear GIF's identifier and
the advertising company's cookie ID number, to show
the past online behavior for that computer. This collected
information can be shared with the advertising company.
We do provide such information to our third party
advertising service partner, but that information
can only be used by our partner for AustraliaCakes.com's
9. Children, Parental Consent and Privacy.
The Children's Online Privacy Protection Act took
effect on April 21, 2000, and imposes certain requirements
on Web sites directed toward children under 13 that
collect information on those children, or on Web sites
that know they are collecting Personally Identifiable
Information on children under the age of 13. We want
to let you know that it currently is our policy not
to collect Personally Identifiable Information on
any person under 18. As one measure to ensure that
we do not gather Personally Identifiable Information
from children, we require that all individuals provide
a valid credit card number before completing a purchase
order. If we learn that we have inadvertently gathered
Personally Identifiable Information about children
under 18, we shall attempt to notify such child's
parent or guardian and erase such information from
our records, unless the child's parent or guardian
consents to AustraliaCakes.com' maintaining such information.
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10. You should carefully review privacy policies of
any third party sites accessible from our Site.
Other sites accessible through our Site have their
own privacy policies and data collection, use and
disclosure practices. Please consult each site's privacy
policy. We are not responsible for the policies or
practices of third parties. Please be aware that our
Site may contain links to other sites on the Internet
that are owned and operated by third parties. The
information practices of those Web sites linked to
our Site are not covered by this Policy. These other
sites may send their own cookies or clear GIFs to
users, collect data or solicit Personally Identifiable
Information. Additionally, other companies which place
advertising on our Site may collect information about
you when you view or click on their advertising through
this collection of information. You should contact
these advertisers directly if you have any questions
about their use of the information that they collect.
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11. Contacting us about privacy questions or concerns.
If you have any questions about this Policy, the practices
of our Site, or your dealings with our Site, please
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we make changes to any terms or conditions of the
Policy, the changes will be posted in this document
so that you will always know what information we gather,
how we might use that information and to whom we will
disclose it. Any change, modification, addition or
removal of portions of this Policy will be announced
on our Site at least ten (10) days before it is implemented.
Please be sure to check this page before proceeding
to use our Site.
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