BRUNETTI PRODUCTION PTY. LTD. – TERMS AND CONDITIONS

Terms and Conditions

THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.BRUNETTIORO.COM AND THE PURCHASE OF ANY GOODS AND SERVICES FROM IT.

www.brunettioro.com is owned and operated by Brunetti Production Pty Ltd (ABN 881 152 501 605). When we say “you, your” etc, we mean the person using our site. When we say “our, we, us” etc, we mean Brunetti Production Pty Ltd. Please note that by using this website you agree to be bound by its terms, conditions, disclaimers, and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Prices and Payment

You agree to pay for all products and services you order. Prices given on product pages exclude delivery (see below under Delivery for more detail). The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by Visa and Mastercard. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase. We also accept ZIP pay.

Ordering

You may order products from our site by placing an order through the product pages. By placing an order with us, you are making an offer to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any offer you make us, for any reason, including but not limited to if the products requested are not available, payment not being processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy. Each offer you make to us and accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Maximum order sizes apply, if you have requirements that exceed these, please contact us directly by emailing us at orders@brunettioro.com.au For us to process your order, we need some information from you including your name, contact details, billing address, delivery address, and payment details etc. For information on how we obtain, store and use your personal information please see our Privacy Policy. You should receive a message on the screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing orders@brunettioro.com.au

Delivery

Brunetti Oro offers same-day and next-day delivery services across metro areas in Melbourne. 96% of national orders are delivered on time, however, sometimes they can take a little bit longer (up to 4 days) depending on our courier partners. The cost of delivery is dependent on suburb and fees start from $13.95. This is subject to change and will be updated on our website as the changes occur. Our delivery hours vary between 9 am to 1 pm and 3 pm to 7 pm Monday to Sunday. See website for detailed delivery options. Please note we are not able to guarantee delivery at a specific time of day. Our courier partners do not provide same-day or next-day delivery services to interstate or regional parts of Australia or to International markets. In the circumstance of the cake/gift not being received by the recipient within four days of the chosen dispatch date, Brunetti Oro will contact our third-party logistics company to launch an investigation. We aim to provide a resolution within 24 hours of the investigation launch. We cannot send to PO Boxes.

Third-party courier service

Brunetti Oro uses reputable third-party contract couriers to deliver products across metro Melbourne. Due to the reliance on third-party courier services, Brunetti Oro cannot be held responsible for delays during transit. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a cake not arriving at a certain time or place. Once a cake has been delivered to a concierge or front desk (on the proviso refrigeration is available) at the address specified, we cannot be held responsible for the cake getting to the recipient. In regards to hospital deliveries, if the patient has been discharged the cake will be returned to Brunetti Oro HQ and a re-delivery fee will apply. In the unfortunate event of a delay or delivery issue, Brunetti Oro will work with the customer to assist in resolving any issues that may be a result of a third-party failure.

Undeliverable items

A cake is considered as undeliverable if (i) the recipient’s address is incomplete, incorrect, or cannot be located, (ii) there is no one at home to receive the cake or (iii) the delivery is refused by the recipient before opening the package.

All undeliverable cakes will be returned to Brunetti Oro HQ where the customer will be liable for all charges and fees incurred in returning, storing, or disposing of an undeliverable cake.

Units and apartment buildings

Couriers sometimes face problems with delivering goods to units and apartment buildings which can result in cakes arriving late, going missing, or being returned to the closest Brunetti Oro HQ. If cakes are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the cake. If the recipient is not home and the courier cannot gain access to the building to leave the cake, the cake will be deemed ‘undeliverable’ and be returned to Brunetti Oro HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable cake.

Incorrect and incomplete addresses

Please be very careful in providing us with correct, complete, and up-to-date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to Brunetti Oro HQ, we can redeliver but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items that need to be replenished. Please be very careful in providing the correct mobile phone number for the recipient to ensure the delivery driver can contact the recipient about the delivery when they are nearby to ensure the cake is delivered.

Substitution and Seasonal Availability Disclaimer

Brunetti Oro endeavours to fulfill all orders in compliance with product descriptions, however, orders may be subject to seasonal and ingredient availability. Brunetti Oro reserves the right to substitute decorations or ingredients if and when necessary, however, we will always take the utmost care to ensure the final product is as similar to the requested item as possible. Substitutions and alterations of ingredients will be of similar quality and value. Due to the hand made nature of our cake production, colours and final finishes of icing, decorations, fillings etc. may vary.

Availability of product

A limited number of celebration cakes are available for same day delivery. Orders must be received before 9 AM (11:00 AEST) for same day delivery.

For next day delivery, the cake range is more extensive and orders must be received by 11.59pm (23:59 AEST) to be delivered the following day and treated as an advance order (see below for information on advance orders). The homepage and product pages will be updated when cakes are no longer available to purchase, stating that the style has sold out. All other products will state on the product page if they are no longer available. You will accept the cake and products sent (subject to quality issues and your statutory rights).

Advance orders

If you order a cake and choose to ‘send tomorrow or on a later date’ you accept that you will not see the cake until the day of delivery when it will be too late to change your order. If we encounter any supply issues we will inform the sender immediately and offer the option of either a full refund or sending the cake on an alternative day.

Days of operation

We do not operate on certain public holidays in Victoria (Christmas Day, Good Friday and New Year’s Day), so products will not be dispatched on such days. If you order a product for public holidays we will deliver on the next working day. Delivery is otherwise available 7 days a week. The last delivery is at 7 pm (20:00 AEST).

Warranties, refunds, and cancellations

Due to our quick turnaround times, we are unable to refund if you change your mind about a ‘send now’ purchase. We are also unable to offer a refund if incorrect delivery information is given to us. It is the sender’s responsibility to make sure they provide us with detailed and accurate delivery instructions. If the wrong delivery address is given we can re-deliver, but this will be at an additional cost. For advance orders, cancellation must be made 24 hours in advance if necessary. Cancellations can be made by emailing orders@brunettioro.com.au or phoning us on 03 9069 3169. You should expect your cake to last up to 2 days (if refrigerated). If for any reason (excluding extreme spikes in temperature) they last less than 2 days, or you’re not happy with your order, please let us know immediately so we can do our best to put things right. If you are at all unsatisfied with our add-ons, please let us know within 48 hours so that we can discuss a refund or an alternative delivery.

Errors, inaccuracies, and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Liability and general matters

We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document.

This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document.

Any failure to act on a breach by you or others does not waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance, please contact us orders@bruenttioro.com

Brunetti Oro Gift Card T&Cs

– Gift cards are available in denominations of $25, $50, $75, and $100 and are redeemable on Brunetti Oro product only

– Gift cards will not include or cover shipping costs

– Valid for 4 years from the date of purchase

– Cannot be used in conjunction with another offer

– No cash alternative available

– Standard Brunetti Oro terms and conditions also apply