Terms and Conditions

At Crumbs Patisserie we love what we do, and we want to ensure that our delicious cakes and products are delivered to happy customers.

For this reason, it is necessary for us to have Terms and Conditions which set out how we will work together to deliver our amazing cakes and products to you.

Throughout our website, the terms:

1. “we”, “us” and “our” refers to Crumbs WA Pty Ltd T/as Crumbs Patisserie, and
2. “products” and “cakes” refers to all of our products produced by us.

By visiting our website and/or purchasing products from us, you agree to be bound by the following terms and conditions (“Terms and Conditions”), including all additional policies referenced within these Terms and Conditions and/or available by hyperlink.

Please read these Terms and Conditions carefully.

Order Confirmation and Payment

Our Order Confirmation and Payment terms apply to orders placed in person, over the phone or online.

To secure your order a non-refundable deposit of 50% of the total value of your order is required at the time your order is placed. Until a deposit is paid. Your order has not been finalised with Crumbs.

The payment of your deposit will confirm your order and secure the selected delivery or collection date for your order.

The outstanding balance of your order must be paid no later than 7 days prior to your nominated collection or delivery date. If payment of the balance is delayed, we have the right to deem your order as being cancelled and apply our Cancellation terms and conditions on the basis that you have cancelled your order.

Despite the above, you are always entitled to pay for your order in full at the time of placing your order.

If you are making payments to us via direct bank deposit, please ensure transfers are made at least 3 clear days of any deadlines as deposits or payments for orders are not deemed to have been made by you until they are actually received in our nominated bank account.

Collection Terms

You may either collect your order from our Applecross store or we can deliver your order to you or a designated venue (delivery charges and our Delivery Terms apply).

You can find your agreed collection date and time on your invoice.

Please note that we do not make ourselves available for collection of orders outside of our standard business hours. We ask that you be mindful of potential traffic and other delays to ensure that you do not miss a collection date. Please refer to our website for our standard business hours.

We do not use delivery services such as Uber.

Whilst our friendly front of house team will always use their best efforts to contact you to remind you about the collection of your order, this is not always possible. Please do not rely on a phone call reminder to remind you about the collection of your order. We thank you for your understanding in this regard.

Our cakes and products are designed to be consumed within 24 hours of collection. If you miss a collection date, you may collect your order the following business day however we accept no responsibility for the quality of our product should this occur.

If your product is not collected by the close of business the day immediately following your agreed collection date, your product will be destroyed and disposed of, and you will not be entitled to any refund. This is to ensure that we comply with our food health and safety obligations.

Notwithstanding any of the above, should you miss a collection date and our next business day is more than 24 hours away, your product will be destroyed and disposed of, and you will not be entitled to any refund.

Delivery Terms

To qualify for delivery your order must be valued above $30.00AUD. If your order qualifies for delivery, delivery fees may apply. (Please refer to our website for delivery fee details when placing an order).

Your agreed delivery date and time is recorded on your invoice.

If you require your order to be delivered to you or a nominated venue, we ask that you notify us at the time of placing your order and in any event no later than 14 days prior to your scheduled order collection date. This is to ensure we have capacity to accommodate your request.

Deliveries are agreed within a delivery window timeframe. We can not guarantee delivery at a specific time. Your delivery window will be recorded on your invoice. We may contact you on the delivery date to confirm a more accurate estimate of our delivery time.

It is your responsibility to ensure that you supply us with accurate and correct delivery address details. Where your chosen location is difficult to locate or you have special access requirements, we recommend that you provide us with as much information as possible to ensure that our delivery driver is able to deliver your order.

Our delivery driver may attempt to contact you on the contact number provided on your invoice, however they will not wait more than 2 minutes at a nominated delivery location for someone to attend to accepting delivery.

If no-one is available to accept delivery of your order, our delivery driver will not leave the order on site and will return your order to our Applecross store.

You will need to arrange separate collection of your order and our Collection Terms will apply with respect to the destruction and disposal of your order should this occur.

*Please also note that where this occurs, collection of your order may be delayed as our delivery driver may be completing additional deliveries prior to returning to our Applecross store. This may also mean that your order can not be collected on the same business day.

Where you have requested your order to be delivered to a venue, our delivery driver is entitled to hand over your order to anyone who purports to be responsible for accepting your order. We are not required to formally check the authority of this collecting person to accept the order.

Once delivery of your order is complete, you may receive a text message to notify you of this.

If any part of your order is found to be missing, damaged or is rejected upon delivery, you must advise the delivery driver and contact us immediately. You will be asked to provide a photo of the damaged products. Our delivery driver will also photograph your order.

Design of our Cakes & Products

We understand that as a customer you are looking to us to create a cake or product that matches your vision.

When you place an order with us, we ask you to provide us with inspirational images and designs. We use these as inspiration only. We are creatives and patisserie artists, as such we do not copy or replicate other’s work.

No two custom cakes are ever the same, even where they are both made by us.

When you place an order for cakes and products with us, we ask that you provide us with as much information as possible regarding the size, style, design, colour, flavour etc as possible. Our online order form is designed to capture as much information as possible.

Product and Cake Flowers

If you would like your chosen product or cake to come with specific fresh flowers, we ask that you or your florist supply these to us no later than 24 hours prior to the agreed collection or delivery date.

If you request us to source fresh flowers for your cake, we will do our best to style and colour match flowers however this may not always be possible due to the seasonal nature of fresh flowers and stock availability at our designated supplier/s. Where we are unable to match fresh flowers, we will use our expertise and sole discretion to source and supply flowers which we consider to be a suitable match.

Non-edible Product items

Please note that not all components of our cakes and products are edible. This is particularly applicable to our custom cakes which often contain fresh flowers, cake toppers, support structures and candles which are non-edible.

If you are uncertain about edible and non-edible components of our products or cakes, please contact us before attempting consumption.

We do not accept any responsibility for the consumption of non-edible items used in our products and cakes.

Cancellations

We understand that circumstances can change and sometimes you may have to cancel an order you have placed with us. Your entitlement to a refund or credit note with us depends largely on the timing of your cancellation.

If you are looking to cancel or vary an order due to COVID, please see our COVID terms and conditions below.

If you wish to cancel your order more than 7 days out from your nominated collection or delivery date, we will provide you with a Credit Note equal to the sum of any amounts already paid by you less our Administration Fees (if applicable). Please see our Credit Note terms below.

Returns/Refund Policy

We are committed to ensuring we supply our products to happy customers.

We understand that you have chosen to purchase products from us because you love our style and creative flare, and you are confident in our experience.

If you are unhappy with your products at the point of collection, then we will use our best endeavours to work with you to find a solution. If you send an agent to collect or accept delivery of any of our products on your behalf, you are deemed to be 100% with the visual appearance, size, design, colour etc of your product.

If you are unsatisfied with the taste or quality of our product following collection, we will aim to resolve your concerns in our absolute discretion. If we are to consider your concerns, the product you have purchased from us must be returned to us within 24 hours. If your product has been consumed, we are unable to offer a refund.

If you are seeking a refund or product cancellation due to COVID, please see our COVID Terms below.

Credit Notes

Our credit notes are valid for up to 6 months from the date of issue. If unused, the credit note expires and you forfeit all monies paid to us.

In order to utilise a credit note, delivery or collection of your order must occur within 6 months of the date of issue of the credit note.

The use of credit notes is subject to availability. Credit note orders must be placed at least 14 days prior to the requested collection or delivery date to ensure availability.

Damage to our Products

We always endeavour to deliver your order to you free of any damage.

Your order remains our risk and responsibility until delivery.

Once our products have been delivered to you or a nominated agent or venue, you are responsible for any damage, loss, theft or deterioration of the goods from the time of delivery. We accept no further responsibility for any damage.

Storage of our Cakes and Products

Our cakes and products are perishable in nature and for this reason they are designed to be consumed within 24 hours of collection or delivery and are required to be stored within certain temperatures.

For further information regarding the storage and consumption of your cake or product please refer to our “Cake Care” card which is provided at collection or delivery of your order and also available by clicking here.

Allergies and Special Requirements

As a general rule, Crumbs Patisserie offers a wide range of Gluten, egg, lactose and nut FRIENDLY products. HOWEVER, we are NOT a “free from” kitchen and all of our products may contain traces of the above allergens due to cross contamination. Please keep this in mind before purchasing or consuming any “free from” items.

Many of our products and cakes contain nuts, lactose, wheat and other allergens. While we take steps to minimise the risk of cross contamination, we cannot guarantee that any of our products are safe to consume for people with allergies.

To the fullest extent possible we accept no responsibility for any harm or loss suffered by you or anyone else because of the consumption of our cakes and products as part of an order due to an allergy or intolerance.

Where you have specific requirements, including but not limited to, egg free, diary free, lactose free, gluten free, nut free etc, these must be explicitly communicated to us at the time you place your order. These requirements will be noted on our invoice to you. We ask that you please carefully check your invoice to ensure these specific requirements have been correctly recorded.

Administrative Fees

Our Administrative Fees apply to order cancellations or refunds and are charged to cover our third-party payment fees and other administrative costs associated with running our small business.

Our Administrative Fees will not exceed 10% of the purchase price of your product.

Variations & Variation Fees

If you have placed an order with us and you wish to make changes to the order, we will work with you to implement such changes as best we can. This is not always possible due to supply issues, staffing and time.

If you wish to change the collection or delivery date of your order, this will be subject to our availability and may not be possible. Where we are unable to accommodate your new requested date, our Cancellation terms and conditions will apply.

In the event you wish to make changes to an existing order with us and we accept such requested changes, we may charge you a variation fee (currently $25.00AUD per variation) in addition to charging you for any additional materials and products required to complete your requested variation.

Where variations are requested within 7 days of an order collection or delivery date or after full payment of your order, we are entitled not to accept your requested changes.

COVID Terms

We understand that Covid has been very disruptive over the past few years and that it continues to affect planned events.

Covid interruptions more than 5 days out from your collection date

If you have placed an order with us and notify us more than 5 days prior to a scheduled product or cake collection date that Covid has impacted your planned event and that your cake or product is no longer necessary on a particular date, we will happily postpone the collection or delivery date for your order by up to 30 days subject to availability.

If we are unable to produce or deliver your order on the requested postponed date, then we will provide you with a credit note equal to the value of your order less any Administrative Fees and charges incurred by us.

If you do not intend to reschedule your event due to Covid and you have given us at least 5 days notice of the cancellation ahead of the collection or delivery date, we will refund you 50% of the product or cake purchase price.

Covid interruptions within 5 days out from your collection date

If Covid has impacted your planned event within 5 days of your collection date and your product or cake is no longer necessary due to the event cancellation, we are unable to provide you with any refund.

We are a small business, and we thank you for your understanding with respect to our Covid terms and conditions.

Re-sale of Items

We supply our cakes and products for direct customer use and consumption.

We expressly prohibit the resale of our products other than with our express prior written consent.

Payment and Pricing

We accept online payments in a secure environment by credit card.

We currently accept JCB, American Express, Visa and Mastercard. All transactions are shown in Australian Dollars and are inclusive of 10% GST.

All prices quoted on our website are subject to change and are quoted in Australian Dollars and are inclusive of 10% GST.

We also accept payment of our invoices via Direct Bank Deposit. Please refer to our Order Confirmation and Payment terms above for further details.

Discontinuance of Products

We reserve the right to modify or discontinue our product range without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our product range.

Disclaimer & Limitations of liability

To the fullest extent permitted by law, we will not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of our contract with you, or in negligence (whether on our part or any of our members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of our website, the supply of our products or their use by you.

While we use reasonable endeavours to ensure that the information on our website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.

Furthermore, while we take all reasonable steps to ensure a fast and reliable service, we does not guarantee that your use of our website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Our liability under or in connection with any contract for any products to which these Terms and Conditions apply will not exceed the value of an order, except as expressly provided in these Terms and Conditions.

We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond our reasonable control.

We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. This may includes but is not limited to, our right to use third party delivery providers.

Copyright and Trademark

The contents of our website (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Crumbs WA Pty Ltd. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited.

Governing Laws

Our Terms and Conditions and any orders are governed by the laws of Western Australia and the Commonwealth of Australia.

Acceptance of our Terms & Conditions

By accessing or using any part of our website or ordering products from us, you agree to be bound by these Terms and Conditions.

By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions.

Our Terms and Conditions are subject to change at any time without notification to you.

Customer Feedback

If you wish to provide feedback about our products or service please email us at hello@crumbspatisserie.com.au

Please allow up to 48 business hours for a response