Terms & Conditions

This Site is owned and operated by Dessert Fairy Company. Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site. These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site .

We would appreciate it if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

ACCOUNT REGISTRATION AND USE

Account Registration and Confidentiality. You are required to create an account to use parts of the Platform. During the registration process for your account, you must provide us with your email address and a password (that together will serve as your login credentials) and you may be required to provide additional information, such as your name, phone number and/or a credit card number. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of the information you provide us up to-date.

COMMUNICATIONS

You consent to accept and receive communications from us, including e-mail, calls, push notifications and text messages to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialling systems which may deliver prerecorded messages. Any text messages we send to you are subject to our SMS Terms & Conditions. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased our products or services, it will be charged at the price in force at the time a customer’s order is validated.

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the product or service.

We may from time to time provide discounted products and / or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion. Any courtesy/promotional credits that you receive may only be used to purchase goods or services, are non-transferrable and are not redeemable for cash. Other discounts, promotions or offers are also non-transferrable and are not redeemable for cash.

We offer visitors who want to purchase from our Site the option to pay for the products and / or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorize us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.

DELIVERY

Orders must be placed before 10:00 am the day prior to qualify for next-day delivery. Some menu items require 2 days minimum notice. Please refer to the descriptions of the menu items.

Payment must be made at the time of placing your order. No order will be processed without payment.

Change of delivery address is not permitted on the scheduled delivery date due to delivery route arrangements. You will need to provide us with 48 hours minimum notice, if you wish to change your delivery address. Surcharges may apply. If the receiver is not at the initial delivery address, the order will be forced to return back to the kitchen and a refund/ credit will not be issued.

In the unlikely event that there is an issue with your order, please email us info@dessertfairy.com.au as soon as possible. Proof of fault must be provided. In some circumstances, re-delivery can not be re-arranged due to kitchen and delivery arrangements however, we will do our best to have the issue remedied.

ORDER CANCELLATIONS

Changes to your order including rescheduling and cancellations can be made. If your order is cancelled with more than 72 hours notice, you will receive a 50% refund on your total order. No refunds will be given for cancellations under 72 hours notice.

Order adjustments including canceling select dishes or reducing quantities are not permitted due to supplier and kitchen arrangements.

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.