Terms & Conditions
WEBSITE TERMS AND CONDITIONS
Terms of Agreement for online trading between NAKED BAKERY & CONFECTIONERY (ABN 79610334008) and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by NAKED BAKERY & CONFECTIONERY to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. NAKED BAKERY & CONFECTIONERY accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by NAKED BAKERY & CONFECTIONERY. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by NAKED BAKERY & CONFECTIONERY will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3.4 and 3.5. NAKED BAKERY & CONFECTIONERY may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by NAKED BAKERY & CONFECTIONERY.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 NAKED BAKERY & CONFECTIONERY may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If NAKED BAKERY & CONFECTIONERY requests payment for increased prices, You may cancel the order by giving notice to NAKED BAKERY & CONFECTIONERY, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by eWAY Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.7 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
1.8 NAKED BAKERY & CONFECTIONERY reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. The quantity per limited edition items currently stands at ONE unit per customer. It is a condition of this Agreement that you do not resell the Products to a third party.
1.10 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.11 NAKED BAKERY & CONFECTIONERY does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by eWAY Payment Systems for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.12 The Website is owned and operated by NAKED BAKERY & CONFECTIONERY. This Agreement supersedes all prior agreements and may be revised by NAKED BAKERY & CONFECTIONERY from time to time.
1.13 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2.YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, NAKED BAKERY & CONFECTIONERY’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.1 NAKED BAKERY & CONFECTIONERY delivers to most destinations around the world.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 NAKED BAKERY & CONFECTIONERY uses StarTrack, Fastway and DHL Express to deliver Products outside of Australia. Delivery of Products within Australia is effected using StarTrack and Fastway.
3.4 NAKED BAKERY & CONFECTIONERY’s freight charges are fixed and based on the value of your total order.
3.5 NAKED BAKERY & CONFECTIONERY will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 7-10 working days; and
3.6.2 within Australia, 2- 3 working days.
3.7 The expected delivery times set out in clause 3.6 are estimates only. NAKED BAKERY & CONFECTIONERY will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Please keep in mind that once your order has been dispatched Naked Bakery is not responsible for any losses or damages. It is the customers responsibility to follow the tracking information provided and contact Australia Post to ensure the safe and timely delivery of your purchase. We will assist you in recovering an item to the best of our abilities, however, will not provide a replacement or refund until the item is returned successfully or confirmation that the item is being returned can be provided. We will refund the price to You, less any shipping costs incurred by NAKED BAKERY & CONFECTIONERY, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
We will of course abide by Australian Consumer Law in regard to products with any major faults.
- SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 8 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
- WEBSITE AVAILABILITY
5.1 From time to time down-time, either scheduled or unscheduled, may occur. NAKED BAKERY & CONFECTIONERY will work within reason to ensure this amount of down-time is limited.
5.2 NAKED BAKERY & CONFECTIONERY will not be held liable for the consequences of any down-time.
5.3 Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice. During sales periods, we may reduce items further. No returns, refunds or credits are available on the price difference.
6.4 Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
6.5 Images displayed on this website should be regarded as illustrative and informational purpose only. We endeavour to display products as close to the physical colour/product as possible, but at times colourways (especially neon) may not be identical to the actual product.
5.6 On LIMITED EDITION and / or EXCLUSIVE release products, NAKED BAKERY & CONFECTIONERY reserves the right to limit purchases to one (1) item per customer. Multiple transactions will be monitored.
- INTELLECTUAL PROPERTY
6.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
6.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by NAKED BAKERY & CONFECTIONERY.
6.3 NAKED BAKERY & CONFECTIONERY’s trade marks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by NAKED BAKERY & CONFECTIONERY.
6.4 All rights not expressly granted are reserved.
6.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under NAKED BAKERY & CONFECTIONERY’s direct control and NAKED BAKERY & CONFECTIONERY accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that NAKED BAKERY is entitled to require you to remove any link from another website to this Website which you install without obtaining NAKED BAKERY & CONFECTIONERY’s prior written consent.
7.1 You acknowledge that the Products require certain storage conditions. NAKED BAKERY & CONFECTIONERY will not be liable for any damage caused by any failure by You to maintain the proper storage.
7.2 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, NAKED BAKERY & CONFECTIONERY does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
- LIMITATION OF LIABILITY
9.1 To the fullest extent permitted by law, NAKED BAKERY cannot be excluded is limited, at the option of NAKED BAKERY & CONFECTIONERY, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the replacement of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods replaced
9.2 NAKED BAKERY’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if NAKED BAKERY & CONFECTIONERY has been notified of the possibility of such loss or damage.
9.3 You agree that NAKED BAKERY LTD’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
- FORCE MAJEURE
10.1 NAKED BAKERY & CONFECTIONERY will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond NAKED BAKERY & CONFECTIONERY’s reasonable control.
11.1 NAKED BAKERY & CONFECTIONERY reserves the right to terminate this Agreement at any time.
11.2 Subject to clause 11.3, NAKED BAKERY & CONFECTIONERY shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
11.3 If the Product has not been delivered to You prior to any termination of this Agreement by NAKED BAKERY & CONFECTIONERY, NAKED BAKERY & CONFECTIONERY will refund to You any payment You have made prior to the termination.
12.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
12.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by NAKED BAKERY & CONFECTIONERY in writing.
12.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
12.4 The Agreement will be made on NAKED BAKERY & CONFECTIONERY‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
12.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
12.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
12.7 NAKED BAKERY & CONFECTIONERY may be notified by email at email@example.com or post to Naked Bakery Unit 15, 12 Garling Road, Kings Park, New South Wales Australia
- "Agreement"means the terms and conditions that apply to the use of the Website which may be amended from time to time.
- " NAKED BAKERY & CONFECTIONERY "means NAKED BAKERY & CONFECTIONERY Pty Ltd (ABN 79610334008).
- "Products"means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
- "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
- "Website"means internet website with the URLau and associated websites.
- "You"means the user of the Website (and "Your" has the corresponding meaning).