By continuing to use this website you agree to comply with and be bound by the following terms of use. Together with our privacy policy these govern Di’s Bake & Make’s relationship with you in relation to this website. The term ‘Di’s Bake & Make’ or ‘us’ or ‘we’ refers to the owner of the website, ABN 40 877 994 613. The term ‘you’ refers to the user or viewer of this website.
Trading Terms and Conditions
Payment Terms
Full payment for your order is due two weeks prior to the collection date unless otherwise agreed. Your order is not confirmed or guaranteed until payment is received. No refunds will be issued for cancellations within two weeks of the event date. For cancellations with more than 14 days’ notice, refunds may be considered at our discretion, subject to any costs already incurred, including the purchase of custom materials for your order.
Order Changes
The date of final payment is the deadline for any changes to the size, style, or flavors of your order. We will attempt to accommodate any changes requested after this date, but cannot guarantee them. Any changes made after the payment deadline may incur additional charges.
Pickup and Delivery
We are not responsible for any damage to the product once it has been picked up or delivered. You assume full responsibility for the condition of the product after it leaves our possession, including during transportation and storage. You agree that we are not liable for any damage caused by improper handling or storage after the order has been collected.
Allergy Disclaimer
Our products may contain or come into contact with milk, eggs, nuts, soy, and other allergens unless otherwise specified. It is your responsibility to inform your guests of this risk. We accept no liability for allergic reactions once the product has left our premises. Furthermore, we are not responsible for any cross-contamination that may occur after pickup or delivery.
Complaint and Refund Policy
Any complaints regarding your order must be made within 24 hours of pickup or delivery. For complaints related to taste or quality, at least 75% of the product must be returned immediately to allow us to inspect and assess the issue before determining if a refund is warranted. Refunds, if applicable, are issued at our discretion.
Limitation of Liability
Our liability is strictly limited to the amount paid for your order. Under no circumstances will we be responsible for any direct, indirect, incidental, consequential, or special damages arising from your use of our products. Once the product has been picked up or delivered, we bear no responsibility for any issues arising thereafter, including but not limited to damage, mishandling, or improper storage.
No Guarantee of Specific Results
While we strive to meet your specifications, exact matches in color, style, flavor, or appearance cannot be guaranteed due to the nature of ingredients and materials. We reserve the right to make adjustments to designs or ingredients based on availability.
Force Majeure
We are not liable for any delay or failure to fulfill your order due to circumstances beyond our control, including but not limited to accidents, Acts of God, transportation disruptions, supply chain issues, or illness.
Photographs
We may photograph our products and reserve the right to use any such photographs for promotional purposes without compensation to you.
No Resale
Our products are sold for personal consumption only and are not intended for resale unless expressly agreed upon in writing. We accept no liability for issues arising from the resale of our products.
Intellectual Property and Copyright
All custom cake designs and decorative elements created by us are considered our intellectual property and are protected by copyright law. You, as the customer, may not reproduce, distribute, or sell our cake designs without our explicit written consent. We reserve the right to use any custom designs we create for promotional purposes, including photographs of the cakes, without compensation to you.
Website Terms of Use
This website (Site) is operated by Di’s Bake & Make (we, our or us). It is available at: https://dibakemake.com.au and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our site, including the content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us
