Terms and Conditions...
Welcome to thehomebakedcookie.com and thank you for shopping with us.
These Terms and Conditions govern the use of thehomebakedcookie.com ("the website") and the purchase of any goods from it. The website is owned and operated by The Home Baked Cookie Company Pty Ltd (ABN 70 077 129 090). If you need more assistance you can always contact our us on 03 5942 7038 during business hours or email customerservice@thehomebakedcookie.com.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). The Home Baked Cookie Company reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of The Home Baked Cookie Company in connection with goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of The Home Baked Cookie Company be limited to:
the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of obtaining equivalent goods.
Disclaimer
The information contained on the website is provided by The Home Baked Cookie Company in good faith. To the best of The Home Baked Cookie Company's knowledge, the information is accurate and current. However, The Home Baked Cookie Company, any of their directors, officers, employees, or consultants do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, The Home Baked Cookie Company disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Home Baked Cookie Company makes no warranty that this website, any information or ideas contained on this website or any products will meet your requirements.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", The Home Baked Cookie Company will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods supplied to you, or on behalf of you, through the website.
Copyright
Copyright in the thehomebakedcookie.com website is property of The Home Baked Cookie Company. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of The Home Baked Cookie Company. This property may only be used for the purposes of browsing the thehomebakedcookie.com website and acquiring goods of thehomebakedcookie.com.
Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
Information Provided by You If you purchase goods and services from The Home Baked Cookie Company or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide The Home Baked Cookie Company with current, complete and accurate customer information when asked to do so by the website or an employee of The Home Baked Cookie Company.
Virus Warning
All care is taken to ensure that The Home Baked Cookie Company website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Membership
A member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as promotional benefits and the value therein.
Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a The Home Baked Cookie Company member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
Product Information
Prices of goods, postage and other charges displayed on the The Home Baked Cookie Company website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Placing and Accepting Orders Orders will not be despatched until payment in full has been received and The Home Baked Cookie Company is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, The Home Baked Cookie Company is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on 03 5942 7038 or from outside Australia on +613 5942 7038 during business hours. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date.
It is the responsibility of the customer to inform The Home Baked Cookie Company if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
As a guide only, our couriers attempt to deliver between 9am and 5pm. Unfortunately, we are unable give a guaranteed time of delivery.
All deliveries will require a signature upon delivery. This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Goods Damaged or Faulty on Delivery
Except where required by law, you must return damaged goods within 14 days of receipt.
In the event that you receive a defective or damaged product, we will refund the original product price, postage and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
Returns and Refunds of items paid for by Gift Certificates
For gifts purchased using a Gift Certificate (or any part thereof), the amount paid by Gift Certificates will be refunded in the form of another Gift Certificate, and the remaining amount will be refunded via the original method of payment.
Please allow up to 14 days for refunds to be processed upon our receipt of goods.
Gift Certificates
Please ensure all Gift Certificates are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Certificate to offset that cost.
All Gift Certificates are issued with an expiry date as indicated on the voucher itself. Once that Gift Certificate has expired, we are unable to extend the expiry date under any circumstances. It is the Gift Certificate holder's responsibility to ensure it is redeemed before the expiry date.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to The Home Baked Cookie Company promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
GST (Goods & Services Tax)
Our products and services attract a Goods and Services Tax (GST) of 10%. All prices advertised are inclusive of GST.
Currency
All prices on thehomebakedcookie.com are listed in Australian dollars (AUD).
Copyright 2009 The Home Baked Cookie Company Pty Ltd | FAQ | Terms & Conditions | Privacy Statement | About Us | Media Enquiries