Terms
The terms and conditions set here are between you and Chikayo Kasahara (our, us, we) and govern the use of our online website known as simplycupcakes.com.au. Please read our terms and conditions carefully, as your use of our website, along with any rules, policies, conditions and procedures, will mean that you have fully understood, accept and willing to be bound by our terms and conditions including our privacy policy, returns policy and shipping information.
Please note that from time to time these terms and conditions, privacy policy, returns policy and freight information may be updated, and or added to, and it is your responsibility to update yourself every time you use our online website, and by your use of our website will mean that you will have read, fully understood, accept, and willing to be bound to our latest updated terms and conditions.
Content & Images
All content, including written information and images on our website is owned by Chikayo Kasahara and is protected by a worldwide copyright. You may make and use printouts of the content for your personal and non-commercial use only, provided that the printouts retain all copyrights. The use of the content or images, partially or fully from our website, for the purpose of redistribution, copying, selling, re-selling, duplicating or modifying on any other website or on any other platform whether online or printout without prior permission from Chikayo Kasahara is strictly prohibited and is in direct violation of the copyright laws. Should you need any clarification on the above matter, please contact us.
Whilst we endeavour that every care has been taken with photos, and writing to provide the correct and true information about the products and any or all other topics discussed at all times on our website, we will not accept and cannot be held responsible for any misspellings, misinterpretations, misleading and or false information provided. Also, whilst all photos are a close representation of the final product, there may be a variance with the products represented on the photos.
Allergies
Whilst all products suggested on our website are natural, we cannot make any claims about allergic reactions to the products, as some products although being natural can still cause allergic reaction to those with certain allergic sensitivities.
All products used, and or including third party products used, are deemed to be of good quality and used within the expiry date, as per the labelling of such products, however Simply Cupcakes does not take any responsibility should not take any responsibility if these products are faulty in any way and or have defects or have expired before the date on the label.
Pricing
The prices of our products are subject to change without any notice whatsoever. We reserve the right at anytime to change, modify or discontinue a service or product or part of or content thereof without any notice whatsoever at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service/services or the product/products.
Cancellation
Cancelling an order may be done preferably by email and or phone. You must allow 72 hours for an order to be cancelled excluding holidays and weekends. If the order is not cancelled 72 hours prior to order date, then the order will be executed and no monetary refund given.
Returns & Refunds
Please be aware that all products sold on this Simply Cupcakes website are perishable products and therefore strictly No Returns and or No Refunds will be accepted.
All orders will only be placed in our system once fully paid and refunds in full must be claimed 96 hours prior to due date. All claims for refund 96 Hours To 48 Hours before due date will be refunded only 50%.
All claims under 48 Hours will not be refunded.
Personal Information
Simply Cupcakes takes the responsibility and obligation to protect the personal information of its customers very seriously by having carefully implemented a safe and secure shopping system for its customers. When you register your personal details in order to place an order, Simply Cupcakes uses technology know as SSL (secure socket layer), which encrypts the information you send through to this website. All your personal information including, name, address, delivery address, phone numbers, email addresses etc. is processed through your web browser to us though this secure SSL service to avoid from prying eyes or malicious threats.
Disclaimer of Warranties and Limitation of Liability
This website is provided by Simply Cupcakes on an as is basis and on an as available basis. We do not in any way warrant, represent or guarantee that your using of our service will be uninterrupted, timely, secure or error free. We do not warrant that the results that you obtain from the use of our service will be accurate or reliable. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is entirely at your sole risk. To the full extent permissible by applicable law, simply cupcakes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Simply cupcakes does not warrant that this website, its servers, or e-mail sent from Simply Cupcakes are free of viruses or other harmful components. Simply Cupcakes and all its representatives including subcontractors, agents, interns, officers, employees, service providers, affiliates, personal and directors will not be liable for any injury, loss, claim, or any damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort, strict liability or otherwise, arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify, defend and hold harmless Simply Cupcakes and Chikayo Kasahara, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Understanding our Terms & Conditions
Should you the user, not understand, part or all of the terms and conditions of this website, then it is your responsibility to please contact us in writing about such matters otherwise it is deemed that your use of our website simplycupcakes.com.au is fully understood by you and willing to be bound to our latest Terms and Conditions.
Disputes
Should any dispute arise in relation to your visiting simplycupcakes.com.au or to any products you may have purchased through simplycupcakes.com.au shall be forwarded for private arbitration in Queensland, except that, to the extent that you have in any manner violated or threatened to violate Simply Cupcakes’ intellectual property rights, Simply Cupcakes may seek injunctive or other appropriate relief in any state or federal court in the state of Queensland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.