Terms and Conditions of Service

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ORDERING

Black Velvet Cakes currently accepts orders at the store located at shop 3a, 110 Darlinghurst Road, Darlinghurst NSW 2010, over the phone (02) 9331 8183, online via www.blackvelvetcakes.com.au, via email info@blackvelvetcakes.com.au or through web chat on the site. It is imperative that all confirmed orders have written documentation.

Orders need proper lead time to ensure their inclusion in the store’s baking schedule. Cakes offered on the service generally require payment confirmation, 48 hours before delivery, while customised buttercream and fondant cakes need 3 and 5 business days, respectively. While the store bakes cupcakes daily, orders with special requirements such as corporate logos, piping, and orders above 250 pieces require at least 24 hours' notice.

For custom cakes, our cake decorators can provide you with original designs and sketches. Black Velvet Cakes reserves the right to charge up to $100 as an artist fee.

Due to the significantly higher demand for orders on the weekend, Black Velvet Cakes can only take a specific amount of orders. To avoid disappointment, the store recommends confirming orders via payment before the aforementioned deadlines. Should a customer wish to check if an order can be rushed, the ordering party can check in by emailing info@blackvelvetcakes.com.au or reach the team via web chat on www.blackvelvetcakes.com.au.

Black Velvet Cakes reserves the right to cancel or decline orders that do not meet the proper lead time requirements. This also ensures that proper care will be given to all orders accepted, to ensure the quality of our products and services.

Once payment is made, the order will be confirmed and the customer will receive a copy of the invoice via email. Confirmation of order via payment signifies agreement to Black Velvet Cakes' Terms and Conditions.

It is the ordering party’s responsibility to provide and ensure Black Velvet Cakes of the complete and correct contact details such as their full name, contact number, email address, complete delivery details if for delivery (recipient, contact number, and address), preferred date and delivery or pick-up time.

Black Velvet Cakes takes orders on a first-come, first-serve basis with all cakes made to order. All orders require full payment at the time of ordering.

Black Velvet Cakes reserves the right not to accept an order at any time.

ORDER CHANGES

For same-day cupcake deliveries, in the event that a cupcake flavour is unavailable upon payment, Black Velvet Cakes reserves the right to arrange an alternative replacement for the order. As soon as the order is paid, it is looked at in great detail by decorators and if there is an unlikely chance of ANY issue, Black Velvet Cakes will be in touch. The store also reserves the right to change the flavour or adjust the sizing of cake and/or cupcakes if we cannot get in touch with the customer after repeated attempts. The store cannot guarantee the availability of all products at the time the order was made online. To avoid disappointment, Black Velvet Cakes recommends confirming orders via payment at least 24 hours before the cupcakes are needed.

In the event that a certain delivery time is fully-booked, Black Velvet Cakes reserves the right to arrange an alternative timeframe to the customer. The customer will be provided a notification regarding this change and will have the option to proceed with the new schedule, reschedule to next-day delivery or cancel the order.

Changes to orders are permissible at least 72 hours prior to the scheduled pick-up or delivery time but are still subject to Black Velvet Cakes' approval. A 15% surcharge will apply for last-minute changes. All changes must be submitted in writing to info@blackvelvetcakes.com.au

PRICES

All cake prices on the site are in Australian Dollars, inclusive of GST at 10%. Prices are subject to change without notice. Should the price change within 24 hours of purchase, customers can cancel their order without penalty.

PAYMENT

Payment can be made online via MasterCard, Visa, or AMEX. Payment via EFT is exclusive to corporate clients with outstanding order history with Black Velvet Cakes and is subject to approval.

CANCELLATION POLICY

Once an order is booked and reserved, cancellation is only possible with at least one week’s prior notice of the delivery or pick-up date. No refunds will be provided for orders that are canceled with less than 48 hours' notice due to costs incurred by the initiation of an order. This includes cancellation due to change of mind, acts of God, and other unforeseeable events. In the event that the order is canceled after the delivery has been made, Black Velvet Cakes will not issue any refund. All order cancellations must be submitted in writing to info@blackvelvetcakes.com.au

Last minute cancellation is only allowed within 30 minutes after an order is placed especially for next-day or same-day orders. Any cancellation beyond this 30-minute threshold would only be subject to conversion to store credit, or delivery/pick up reschedule.

If the order is made within less than one week, no refund will be provided and cancellations will not be accepted. The order however, can be postponed to a later date.

You must notify Black Velvet Cakes within 30 minutes of placing the order if you decide to cancel your order by phone or email, preferably by email, and provide your order number.
Black Velvet Cakes may cancel an order if the ordered item is not available for any reason. We will notify you if this is the case and return any payment that you have made.
Should an event be canceled for whatever reason, custom items such as but not limited to Fondant Toppers, Special topper purchases, and the likes are non refundable since a 3rd party vendor (Supplier) is involved. Customers are free to pick up the specially procured items at the store located at 110 Darlinghurst St. Darlinghurst NSW 2010 or have the item delivered on a different day with the cost of delivery fee.
COVID-19 related cancellation policy, while we empathize with the customers’ predicament, Black Velvet Cakes reserves the right to refuse cancellation if the cancellation is done less than 48 hours before the event. Black Velvet Cakes offers to postpone the order until a later date instead with a 15% surcharge that must be paid 3 days prior to the new delivery date.
48 hours prior to the day of the event, 100% of the order is non refundable but convertible to store credit or postponement is available.
48 hrs prior to the event the client may reschedule their order, however perishable items and incurred additional expenses such as specifically procured ingredients, will be subject to charge.

PICK-UP

It is the customer’s responsibility to pick up the order within the hour selected upon confirming the order with Black Velvet Cakes or before closing time. It is not Black Velvet Cakes' responsibility to contact the customer to remind them to pick up their order.

Any time pick-up time changes must be submitted in writing to info@blackvelvetcakes.com.au at least 48 hours before pick-up. Black Velvet reserves the right to dispose of the order, should the customer fail to pick it up. These orders will not be issued a refund.

Upon Pickup, customers alone are responsible for inspecting the Goods/Order when they Pick-Up the items and shall report any issues and/or defects to the front of house.
It is the ordering party’s responsibility to ensure that the correct and complete order is in their hands before leaving Black Velvet Cakes' premises. We are not liable for any damages to the order once they are fully transferred to the customer’s hands such as but limited to incorrect/incomplete items due to the customer’s negligence, balloon deflating or flying away, toppled over cupcakes, icing touching the box or broken cake toppers.
Refunds are not applicable for failure to pick up due to the ordering party’s unavailability.
Should the ordering party hire their own delivery service to pick up from the store, Black Velvet Cakes will not be liable for any damages during transit using the ordering party’s courier.

Order Pickup Failure Policy:

In the event of unreasonable delays in Pick-Up attributable to ordering party or pick-up past store hours, and was asked to store the items elsewhere other than Black Velvet Cakes premises, the ordering party bears the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, the ordering party shall not be entitled to a replacement, refund or replacement of the Goods. Black Velvet Cakes cannot guarantee that we can schedule a delivery in place of the failed pick-up same-day.

DELIVERY

Delivery times: All delivery times are estimated and may vary depending on the location and availability of our delivery partners. We offer a 2-hour delivery window, which can be selected at checkout and may expand to a 4-hour delivery window during peak seasons (e.g. Valentine’s and Christmas).

It is the responsibility of the ordering party to ensure that someone will be present at the delivery address to receive the goods during the 2-hour delivery period selected. Black Velvet Cakes' trusted third-party couriers will not be able to wait at a delivery location in the event there is no authorized person to receive the order. For business locations, deliveries will be made via the delivery dock or reception. For residential locations, if no one is present at the address the items will be left at the doorstep or with the concierge. Black Velvet Cakes accepts no responsibility if both the ordering party and recipient cannot be contacted and will not be held liable to issue refunds for lost or damaged deliveries after dispatches have been made in the absence of the recipient.

Uncontrollable circumstances: Black Velvet Cakes will make every effort to ensure that deliveries are prompt and on time, but is not responsible for delays caused by uncontrollable circumstances such as sudden changes in weather, or high levels of traffic, any acts of God, and gridlocks.

Refunds: Due to the nature of our products and the potential for delays caused by uncontrollable circumstances mentioned above, refunds for delivery fee will not be provided for any delayed deliveries.

Contacting the recipient: Black Velvet Cakes reserves the right to contact the recipient in case of difficulties when delivering the order. If only the purchaser's number is provided and we cannot deliver to the recipient, a redelivery charge may apply.

Black Velvet Cakes shall only be held liable for delivery costs incurred as a result of a delay in delivery, provided that such delay is solely caused by the kitchen and not by any other external factors mentioned.

It is the responsibility of the ordering party to check the order carefully upon delivery as Black Velvet Cakes does not accept returns once the delivery is signed for. Neither the store nor its trusted third-party courier will be liable for any lost or damaged deliveries after drop-off. In light of this, damages during transit must be reported in writing to info@blackvelvetcakes.com.au with photographic evidence no later than 30 minutes after receipt of the order, and make sure to arrange for the product to be delivered by the trusted third-party courier back for repair. Otherwise, Black Velvet Cakes can assist in fixing the product over a phone call or email.

Should the customer wish to have delivery redirected to a different address, a request in writing is required, and should the delivery fee be higher than what was previously charged, payment for the additional fee is required before redelivery.

Once transferred to the recipient upon pick-up or delivery, Black Velvet Cakes relinquishes all responsibility for an order's condition and appearance to the recipient. To ensure the best quality for consumption, it is the recipient’s responsibility to follow Black Velvet Cakes' guidelines for storage, to wit:

Keep cakes/cupcakes on a completely horizontal flat surface.

Keep cakes/cupcakes refrigerated until 30 to 60 minutes before consumption.

Do not expose the cakes/cupcakes to heat, direct sunlight, or excessive humidity.

Do not jolt or suddenly expose to sidewards gravitation force.

Consume within 48 hours unless frozen.

All orders go through quality checks before boxing. Black Velvet Cakes offers a delivery service through trusted third-party couriers that guarantee orders to arrive in pristine condition as intended by the store. Black Velvet Cakes will repair or remedy any damage if it occurs in transit with its trusted third-party courier service.

Black Velvet Cakes will not repair or remedy any damage that occurs in transit for deliveries made through UberEats, Deliveroo, and Foodora. We have no direct control or direct contact with these third-party order services, and the customer is responsible for lodging any complaints directly to these third-party services.

NATIONAL DELIVERY POLICY

Black Velvet Cakes prides itself in being able to deliver cupcakes to all locations across Australia and only uses reputable and trusted third-party couriers. While all the necessary steps are taken to ensure accurate and safe delivery, Black Velvet Cakes will not be liable for unforeseen circumstances such as damages or delays that result in parcels not arriving at a certain time or place.

As the option for National Delivery is taken by the ordering party, the minimal risk will not be shouldered by Black Velvet Cakes and no refunds will be made due to this. Black Velvet Cakes is not liable for late national deliveries through our trusted third-party couriers. Redelivery can be done for 50% off and delivery costs are shouldered by the ordering party.

REFUND POLICY

Black Velvet Cakes are award winning and have been guided by judges in the Cake Guild of NSW. We make firm butter cake sponges to support the heavy decorations on our cake and use custom cream cheese buttercream icing. While customers' taste vary, our standard recipes remain constant, so we therefore do not refund for this reason.

If an order cannot be fulfilled by Black Velvet Cakes upon purchase of the customer, or a suitable replacement cannot be agreed upon, then a full refund will be issued by Black Velvet Cakes.

If Black Velvet Cakes cannot deliver or fulfill a paid order on the agreed date stated on the invoice upon purchase, or no alternate delivery date can be agreed upon by both parties, then a full refund will be issued by Black Velvet Cakes.

Refund requests due to irreparable and irreplaceable damages during transit must be reported in writing to info@blackvelvetcakes.com.au with photographic evidence no later than 30 minutes after receipt of the order. Black Velvet will not liable for any damage or injury over and above the cost of the order.

Once both parties have agreed that a refund is to be issued the customer should allow 3-4 business days for the transfer of funds to be available in the nominated account.

If the goods or services received are severely damaged or incorrect order, a full refund or credit or replacement will be provided. Please note that products cannot be returned due to change of mind, incorrect choice, or the item does not fit. This replacement extends to damage caused in-transit. Accompanying photographic evidence of damage/defect will highly aid in determining the best resolution. Black Velvet Cakes reserves the right to determine the amount to be refunded or credited or item replacement.

FORCE MAJEURE

Neither Black Velvet Cakes, nor any of its trusted third-party delivery services shall be liable for any failure to perform, where such failure or delay, results from any circumstances outside our reasonable control 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, pandemic, an act of government, act of war, act of terror, act of God, or an act from any industrial dispute or strike whatsoever.

CREATIVE LICENSE DISCLAIMER

Black Velvet Cakes does not guarantee that all the product lines used in the construction of the cakes and cupcakes shown on its website and all of its social media channels will be available at the time of making. For example, when a supplier de-lists an item such as a particular lollipop used as a cake topper, etc, the store will endeavor to use a very close substitute to reflect the spirit of the original design as closely as possible.

It is in this same thought that should the customer ask for a custom design to be made by Black Velvet Cakes, they should understand that all customised cakes are handmade and intricately crafted, capturing the likeness based on photos provided. The cakes will not be a 100% copy or replica of the image. Cake colour may also be subject to slight variations from the actual product due to possible discrepancies in the photo or screen resolution. For printed images, photo print quality is the result of the technology available to us at the time of order therefore sometimes output may be less than expected. Therefore image quality and colour matching are variable and cannot be used as grounds for refunds.

While specific decorations may be requested, these are still subject to Black Velvet Cakes' approval and confirmation. Black Velvet Cakes reserves the right to replace these items with items of equal or better quality without consultation. The store reserves the right to make alterations to the design, appearance, and technical specifications of the products on the website without notice. Black Velvet Cakes also reserves the right to take photos of all products and use these materials for promotional purposes.

ALLERGIES AND DIETARY REQUIREMENTS

Black Velvet Cakes takes pride in being able to provide nut-free, vegan, and gluten-free cakes and cupcakes. The store will not be held responsible for anyone suffering from intolerance or allergies. It's the customer's obligation to inform Black Velvet Cakes, in written form, of any allergies and dietary requirements, as the cakes contain gluten, eggs, and dairy products.

For schools and other institutions that wish to order from Black Velvet Cakes and must take dietary precautions for a large group of people, you may request a list of allergens that may be present in our cakes and cupcakes.

Inedible items may be used as decorations or packaging for the cakes. It is the customer’s responsibility to ensure that any inedible items are removed before consumption.

Some cakes cannot be made vegan or gluten-free due to the toppers required for the cake’s design. It is the customer’s responsibility to read cake descriptions and confirm with Black Velvet Cakes if a cake has a vegan and/or gluten-free option. To meet the dietary requirements of cakes and cupcakes, Black Velvet Cakes endeavors to ensure that its cakes and cupcakes are always beautiful. The store may make substitutions and changes to the cake to this effect without notice.

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