Terms & Conditions

Important information

Please read the following Terms and Conditions carefully before placing your order with Sweet Madness Cake Designs.

Your access to this website is subject to these Terms and Conditions and any disclaimers or other conditions or statements contained on this website (referred to collectively as “Terms and Conditions” or “Policies”).

By using this website you agree to be subject to these Terms and Conditions.

Sweet Madness Cake Designs (from now on in these terms and conditions referred to as SMCD ) may at any time, at its sole discretion, amend, vary or modify these Terms and Conditions without notice. Modifications to this site including these Terms and Conditions will be effective immediately and any subsequent use by you of the website will constitute an acceptance of those modifications. Please re-read these terms and conditions before subsequent use.

We reserve the right to refuse the sale of goods or services or to cancel an order under certain circumstances.

Online Shop

Items ordered online require at least 48 hours notice unless otherwise stated. Strictly No refunds will be given for incorrect required dates or shown as “booked” on SMCD availability calendar. The customer will be updated on the status of their order.

It is the responsibility of the customer to check the availability calendar before placing an order. It will be made for the date shown on the order form or the next immediate available business day. 

Pick Up: is by appointment only and the address will be provided to the customer when payment is complete and we confirm the order.

Delivery: It is the obligation of the customer to ensure someone will be at the delivery address on the required date to accept delivery of the cake. Cakes cannot be left unattended.  The customer must enter the correct delivery address when placing an order. If the customer  enters the wrong address, we will re-send the order to the correct address at your expense. Upfront payment will be required.

Residential premises: It is the obligation of the customer to  make sure someone is home to receive the order. Anyone at the delivery address who receives the order will be deemed to have been authorised to receive it by the customer. If nobody is home, the cake will be returned to our studio for collection and ]a text message will be sent with the pick up address and respecting our usual pick up times. Cakes and desserts will strictly only be stored for 24 hours and then be disposed of. No refunds will be given.

Commercial premises/ Venues: the customer must inform us of the person who will be taking delivery of the cake. Otherwise, Anyone at the delivery address who receives the order will be deemed to have been authorised to receive it by the customer. Delivery to Shopping centres or multilevel buildings attracts a premium fee and must be requested and confirmed prior to placing an order.

Prices

Prices are updated every year according to the consumer price index and industry rising product market prices.

Prices are subject to the aforementioned, as well as the addition of materials, production and labour, dexterity, technical difficulty, know how, resources & research required, admininstration & communication time.

Deposits and Payments of cakes

Each product is made to order. Therefore, special time and attention is given to each and every order to ensure the best quality. A limited amount of orders is reserved several weeks in advance. Therefore, it is recommended you attempt to reserve your custom order at least three weeks in advance or more. Short notice and urgent custom orders (less than 72 hours) will be accommodated whenever possible and may incur a rush fee.

Quotes given are valid only for 7 days from its date. We reserve the right to amend the quote as and when required. After a quote had been accepted by the enquirer, an invoice is issued with a due date. Any invoices issued must be confirmed with at least a 35% deposit or full payment by the due date.

One reminder and final cancellation notice is given if payments are not made by the due date. 

Your order is not confirmed and will not be processed  until a 35% deposit has been made in order to book your date. Of course for convenience, you can choose to pay in full,  especially  for online orders and cakes that are being delivered. The balance needs to be paid two weeks before the delivery date.

Short notice bookings made with less than 14 days notice. Full upfront payment is required. We reserve the right to automatically cancel your order if full payment has not been received by the due date on the invoice.

No work will commence until full payment is received into our bank account based on the agreed detailed invoice. Your booking will be cancelled if we find there is no time to accommodate your order due to late payment.

By paying a deposit or full payment, you confirm that the details contained in the invoice are correct in all respects. An order has been placed and a contract formed, only when SMCD receives your payment and sends you a confirmation email that your order and payment has been received and accepted.

Urgent orders or overdue balance payments required within 5 business days of the booking date are only accepted at SMCD discretion via credit card online payment only.

The Terms below regarding Pick and Delivery also apply to inline orders. 

– Confirmation of Orders

Upon receipt of your order, you will be emailed a copy of your invoice. Please ensure all contact details, personal information, spelling of names, delivery/collection dates and times, design, cake flavour and any requested changes have been properly documented on your invoice.

It is the responsibility of the customer to ensure all details required on the invoice are correct.

Please contact us immediately of any errors on your invoice. Failing to notify us of any errors may result in additional charges where alterations are necessary after your order has been completed.

No refunds or credits will be given due to failure of the customer to notify of any incorrect information on the invoice. Including but not limited to delivery/collection dates and times, location, design, cake flavour, cake toppers or any other items made and/ or supplied to the customer according to an incorrect invoice, as well as any requested changes.

– Changes

Any changes made to your order within 14 days of collection or delivery must be made in writing and will incur a surcharge, depending on the change requested. In most cases we can accommodate changes, however at times it is not possible. We will however, endeavour to accommodate you to the best of our ability. The Final product is subject to the availability of ingredients, supplies and materials.  SMCD will substitute these items at its sole discretion without prior consultation to the customer.

– Cancellations

All cancellations must be done by email to sweetmadnesscakes@gmail.com. For cancellations made within 24-48 hours, please also call us directly 0420 727 168.

In the event of a cancellation, including but not limited to postponing or rescheduling your confirmed order for any reason including falling ill from covid-19, the 35% deposit is non-refundable. At the discretion of management and dependent on the circumstances, a partial or full credit note*or refund may be issued less a cancellation administration fee** of 10% to cover the transaction costs. Please note that the administration fee is not a credit and cannot be used towards an order. In addition, any work already done or special custom items purchased will be deducted from any partial or full refund or credit note given. In this last case, any work that requires to be redone must be paid for again.

By postponing your confirmed order to an undetermined future date or rescheduling to a confirmed future date, you are effectively cancelling your original confirmed booking date with SMCD. This automatically converts your payment into a credit note subject to the definitions and limits mentioned above and to the full terms of this policy. In any event, no refunds or credit notes will be given if you decide to cancel a second time.

Cancellations within 14 days of the delivery or collection date.  This defines the act by which the customer conveys to SMCD the desire to cancel, postpone or reschedule an order due on a previously confirmed date and time. In any event, there will be no credits or refunds issued and you will lose any deposits or full amounts paid. Any credits or refunds given are at the sole discretion of management. 

Notes:

* Credit Note Conditions. All credit notes are valid for 12 months from the original booking date.  This means the actual new booking date must fall within the 12 month time frame. At least 30 days notice is required to  book a new date and it is strictly subject to availability. If there is no availability on your chosen date, strictly no refunds will be given. You may use your credit note on another available date. The credit note cannot be extended beyond the initial 12 months from the original boking date and you the customer, will lose any credit note given for any amounts paid. 

**Administration fee. This is the set cost of the administration work generated by your order. It covers the following tasks which unfortunately cannot be refunded in any event: communication time, quotations beyond the first generic quote, invoicing, all bookkeeping and accounting entries originated, processing payments and refunds or rescheduled dates (rearranging work schedule &  updating customer data – storage & maintenance).

Transporting your cake

At Sweet Madness Cake Designs we take pride in the quality of our products and services. It is important to remember that cakes are a perishable and delicate product. Unfortunately once you take possession of your cake, a number of factors relating to its care and transportation may result in its quality being compromised. SMCD will not accept responsibility for any damaged, “melted” or  infested” cakes incurred during transportation or storage of the cake by customers. 

We recommend that cakes be transported in a cool environment, on a flat and level non slip surface in your vehicle, such as the floor or boot of your car and not on a passengers lap.

To ensure our cakes arrive safely, We offer a complimentary delivery service within our free delivery zone for all our specialty cakes. Delivery to other areas will incur an additional cost depending on the distance from SMCD premises.

PICK-UP

It is the responsibility of the customer to arrange pick-up of the order within the time frame selected/ agreed upon when confirming the order with SMCD. 

Pick-up time changes must be submitted in writing to sweetmadnesscakes@gmail.com at least 48 hours before pick-up. 

SMCD reserves the right to dispose of the order strictly after 24 hours and no refunds will be given.

DELIVERY

Deliveries take place during Monday to Friday from 10:30am to 2:00pm on the date selected. Saturday and Sunday deliveries take place from 10:30 am-12:00pm. Depending on the work flow, we can provide a more approximate arrival time for delivery the same morning of your booking date.                

Whilst every effort is made to adhere to the above delivery schedule, occasionally situations arise which are out of our control resulting in delays to the time frames listed above. 

We do not accept responsibility for these unforeseen events, however every effort is made to ensure your order arrives on time and in perfect condition. 

No refunds or compensation will be made if your order is delivered outside of these delivery times as they are simply a guide.

It is the responsibility of the customer to ensure that someone will be present at the delivery address to receive the cake order during the delivery period selected. SMCD will not be liable to wait at a delivery location in the event there is no authorised person to receive the order. For business locations or multi level buildings or apartment/ unit blocks, deliveries will be made via the delivery dock or reception. 

It is the customers responsibility to attend to the cake within the time listed above. 

If  the driver cannot access the delivery address, the number provided with the order will be contacted. If the customer does not answer after one attempt or the contact number is incorrect, the cake will be returned to SMCD premises for pick up within 24 hours or a re-delivery fee of the same amount will apply. Re-delivery is subject to availability in the delivery schedule. If there is no availability the same day, re-delivery will be done the following day within the delivery schedule. In any case, no cakes will be stored at SMCD premises for longer than 24 hours. After this time, any cakes undeliverable due to lack of payment for re-delivery or collection by the customer at our premises will be disposed of and no refunds will be given. 

Force Majeure and Acts of God

In the event of a cancellation by SMCD due to Force Majeure or Acts of God, including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act including pandemic lockdowns or restrictions, act of war, terrorism, or from any industrial dispute or strike whatsoever, no refund will be given as it is completely out of our control the circumstances that lead to the cancellation. Making performance inadvisable, commercially impracticable, illegal, or impossible.

Your satisfaction

Your satisfaction is of the highest importance to us. If for any reason the cake you purchased does not meet your satisfaction, we would like to know about it. Please call or email us so that we can discuss your concerns and look at ways that we can rectify the situation.

Refunds

A refund for any issues other than cancellations as well as any other complaint will be resolved at the sole discretion of management and vary depending on the circumstances.

If you experience any problem with a product, for us to consider a credit note or refund, complaints must be made within 1 day of receipt of the product and part or all of the product may have to be returned to investigate the complaint.

Variations from pictured items

In some cases, it may be necessary to change a colour or vary a product from the picture on our site as certain cake decorating items may, from time to time, be unavailable.

Please note that where colours are concerned, the picture shown on our website or other online sites, may not be a true representation of the colour of the cake as quite often computer screen and photograph colours are not accurate and therefore your cake may appear to be different in colour from that shown. If an exact colour is fundamental, a swatch/ sample or colour code of said colour/ colours must be provided by the customer.

SMCD will use your photos of cakes by other designers as a reference of your style preferences only. However, we do not directly copy. Every effort is made to ensure that any requests are followed to your specifications. There are always going to be variations in hand made products. Sweet Madness Cake Designs cannot guarantee that items such as figurines, 2D and 3D characters and cakes made from pictures from our website will be an exact replication of the original item, sometimes this is not possible.

Where items are provided on cakes they are strictly provided as decorations on a cake. If there are any breakages or faults with the items during transport by the customer, or after they are removed from the cake, we will not replace, exchange or make new items.

Allergen Notice

All cakes are made in the same kitchen where nuts, gluten and dairy are present. While we will endeavour to accommodate your request, there is no guarantee that products are nut, gluten or dairy free.

Disclosure of Information

SMCD will not disclose any personal information such as your name, address, email or telephone number to any person outside of the company, unless the customer has authorised us to do so or unless required by law to disclose such information. Furthermore, under no circumstances will SMCD sell or receive payments or services for disclosing customer’s personal information to any partner or external company.

Sweet Madness Cake Designs is an insured and registered business.

Agreement to Terms and Conditions

By proceeding with a purchase you are in agreement with our terms and conditions as stated above.