Terms & Conditions

By using our website (bakedbymg.com.au), and/or placing an order with Baked by M&G, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Baked by M&G and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website and/or placing an order with us to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website or place an order with us, then we will regard this as conclusive evidence of your agreement and acceptance that these terms govern your and Baked by M&G’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Baked by M&G is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Baked by M&G’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

ORDER CONFIRMATION

Payment is required to confirm orders. Your order cannot be guaranteed until payment is received by us. We reserve the right to cancel any order that is still awaiting payment on the delivery date.

Online orders placed through our website will be required to be paid in full at the time of check out.

Larger orders of goods (including orders for functions, such as hiring a dessert wall) that have been made via phone and/or email will be issued an email invoice. A 50% deposit will be required to confirm your order. The balance of the invoice, in addition to a $100 fully refundable security bond, will be due 14 days prior to the delivery date.

DELIVERY OF GOODS

All orders are hand-delivered by Baked by M&G. You will receive your goods on the date specified in your order. If you selected standard delivery, your order will arrive between 7am and 4pm AEST. If you selected priority delivery, your order will arrive within a 2-hour window of your choosing as specified in your order.

Please ensure someone is available at the delivery address on the day of your order delivery. If there is no one available to receive your order or no one is present at the nominated delivery address, we will leave your order in a safe place, as we do not offer re-delivery. You will receive a text message from us notifying you that we have delivered your order and where we have left your order but Baked by M&G does not accept any liability for damaged, lost or stolen goods once delivered. Any replacement of damaged, lost or stolen items is made in the sole discretion of Baked by M&G.

Priority deliveries will arrive within a 2-hour window as specified in your order. In the event that a priority delivery arrives more than 20 minutes outside the agreed delivery window, your delivery fee will be refunded.

ORDER CHANGES, CANCELLATIONS AND REFUNDS

If you need to change the date, details of your order, or cancel it altogether, please contact us as far in advance as possible.

The following refunds will be offered for order cancellations:

• Full refund for cancellations that are made more than 30 days from the nominated delivery date.
• 50% refund of the total order value for cancellations that are made between 15 and 30 days from the nominated delivery date.
• No refunds will be given for cancellations made within 14 days or less from the nominated delivery date. Additionally if we do not receive payment within 14 days of the nominated delivery date, we will treat your order as cancelled. For all cancellations within the 14 day period prior to delivery, the full outstanding amount of the order will be immediately due and payable.

Any changes to order details, such as quantity or flavours, will be accepted in the sole discretion of Baked by M&G.

RETURNS

Baked by M&G handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

All of our goods are baked to order and for hygiene and food regulation purposes, we do not accept returns. Refunds, credit notes or a replacement order to the same value will only be given in the event that you receive the incorrect product, or if the products are shown to be of unsatisfactory quality. Should this be the case, or if you are in any way unsatisfied with the condition or quality of your goods upon arrival, you must contact us as soon as possible.

All refunds are made in the sole the discretion of Baked by M&G.

FOOD ALLERGENS

While we take great care when baking products for special dietary requirements (e.g. gluten-free, dairy-free and vegan), we do advise that all of our products are produced using the same kitchen facilities and utensils. Therefore, despite using all sanitary methods prescribed, our products may contain traces of peanuts, tree nuts, milk, egg, wheat, sesame and soy.

If you have, or suspect you may have, allergies or medical issues that may be affected by certain foods after consuming any of our products, you should refrain from any further consumption and promptly contact your health care provider.

LINKS TO OTHER WEBSITES

On our website, we may from time to time provide links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Baked by M&G and the owners of those websites. Baked by M&G takes no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Baked by M&G absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Baked by M&G gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Baked by M&G to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Baked by M&G, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may ask us for access to your Personal Data or to correct it at any time. You can review, correct, amend or delete your Personal Data by contacting us directly at info@bakedbymg.com.au. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell, trade or rent your Personal Data or any customer information. We may however use in a general sense without any reference to your name or your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Baked by M&G, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, reorganisation, dissolution, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to customers, whether they be business customers or domestic customers, then you are a competitor of Baked by M&G. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then Baked by M&G will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Baked by M&G reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Baked by M&G expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Baked by M&G concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Baked by M&G that results in litigation then you must submit to the exclusive jurisdiction of the courts of Queensland.