TERMS AND CONDITIONS OF SALE

DEFINITIONS

1. "Contract" means any contract entered into for the provision of goods by Meyer to You;

2. "Goods" means goods supplied by Meyer to You;

3. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

4. “Meyer” means Meyer Cookware Australia Pty Ltd (ACN 073 818 069);

5. "Site" means the website www.cakebossbaking.com.au;

6. "Terms" means these Terms and Conditions of Sale;

7. "You" means the person, firm or corporation, jointly and severally if there is more than one, acquiring goods from Meyer.

BASIS OF CONTRACT AND ORDERING

8. These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms. All transacted currency will be in Australian dollars only.

9. Any quotation, displayed price, order list or order confirmation provided by Meyer to You concerning the proposed supply of goods is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Meyer on these Terms.

10. A Contract is formed when Meyer confirms its acceptance of Your order and receipt of Your payment.

11. Meyer in its absolute discretion may refuse to accept any order.

12. Meyer may vary or amend these Terms by notice written notice to You at any time. Any variations or amendments will apply to orders made by You after the date of notice.

PRICING AND PAYMENT

13. Prices displayed for the supply of goods include GST and any other taxes or duties imposed on or in relation to the goods.

14. Payment for the goods must be made strictly by credit card immediately upon confirmation of Your order. Goods will not be despatched until full payment has been confirmed.

15. Goods displayed are subject to availability. If any goods are not available, Meyer will inform You within 5 days. In the case of non-availability of goods:

15.1 You may request the provision of substitute or similar goods or services; or

15.2 cancel Your order; and

15.3 Meyer will make the appropriate adjustment to, or refund of, the purchase price.

COUPONS

16. From time to time, You may be eligible for coupons or gift vouchers relating to the goods ("Coupons").

17. Coupons may only be redeemed on the Site, and are not redeemable for cash. You must enter the Coupon during the ordering process in order to redeem the percentage discount or free gift.

18. Meyer reserves the right to vary or terminate any Coupon program at any time. Any special conditions from time to time relating to the redemption of Coupons will be displayed on this Site.

RISK AND INSURANCE

19. The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to You immediately on the goods being despatched from Meyer"s warehouse.

20. You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of Your use or possession of any of the goods sold by Meyer.

DELIVERY

21. Meyer will arrange for the delivery of the goods to You to a nominated delivery address within Australia. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of despatch of the goods to the point of delivery.

22. Meyer will designate the method of delivery for the goods. If You require a more costly method of delivery, You must reimburse Meyer for the extra cost involved.

23. Delivery of goods will occur within an estimated 7-10 working days. Any period or date for delivery of goods stated by Meyer is intended as an estimate only and is not a contractual commitment. Meyer will use its reasonable endeavours to meet any estimated dates for delivery of the goods.

24. A postage receipt, courier docket or driver"s manifest directing delivery to the address nominated by You will be proof of delivery of the goods.

25. You may be required to provide photo identification at the time of delivery of the goods.

26. You indemnify Meyer against any loss or damage suffered by Meyer as a result of delivery, except where caused by Meyer"s negligence.

27. You must advise Meyer in writing within 72 hours of delivery:

27.1 of the non arrival of any or all of the goods;

27.2 if there is damage to the goods;

27.3 that the wrong goods have been received; or

27.4 that the quantity of the goods is incorrect.

LIABILITY

28. Except as specifically set out here, or contained in any warranty statement provided with the goods, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.

29. Replacement or repair of the goods is the absolute limit of Meyer"s liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods by You or any third party.

30. Meyer is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.

31. Meyer will not be liable for any loss or damage suffered by You where Meyer has failed to deliver goods or fails to meet any delivery date or cancels or suspends the supply of goods.

32. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.

ACKNOWLEDGEMENTS

33. You acknowledge that:

33.1 You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Meyer in relation to the goods or their use or application.

33.2 You have the sole responsibility of satisfying Yourself that the goods are suitable for Your use.

33.3 any specification, drawing, illustration or description of the goods provided is given by way of identification only and does not constitute a contract of sale by description.

CANCELLATION

34. If, through circumstances beyond Meyer"s control, it is unable to affect delivery of the goods, then Meyer may cancel Your order (even if it has already been accepted) by notice to You.

35. If your order cannot be fulfilled within 48 hours Meyer will notify you via email beforehand.

36. No purported cancellation or suspension of an order or any part of it by You is binding on Meyer after that order has been accepted and payment confirmed.

WARRANTY AND RETURNS

37. Each range of goods provided by Meyer is subject to specific warranty terms, limitations and exclusions:

37.1 that are supplied with the goods; and

37.2 that are available from Meyer upon request.

38. Meyer will replace any goods that arrive at their destination faulty or damaged. Notification of faulty or damaged products must be received by Meyer’s Customer Service Department within 48 hours of the package being signed for accepting delivery. Under these circumstances, Meyer will provide instructions on how to return goods in an appropriate manner. These details can be obtained either by telephone on (03) 9761 5655 or by email to service@cakebossbaking.com.au.

Meyer will replace any undamaged item within 30 days of purchase so long as the product is returned in its original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip.

Any products returned to Meyer are at the customer"s own cost and risk.

Delivery and handling charges on returns are not refundable for incorrect choice or change of mind.

FORCE MAJEURE

39. Meyer shall have no liability whatsoever under or in any way related to the sale of the goods or otherwise for any failure to fulfil any obligation hereunder to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts of terrorism, or acts of war. Should an event of force majeure occur Meyer may terminate the Contract by giving You written notice.

MISCELLANEOUS

40. The law of Victoria from time to time governs Your Contract with Meyer.

41. Meyer"s failure to enforce any of these Terms shall not be construed as a waiver of any of Meyer’s rights.

42. If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

43. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on the sender"s communications machine confirming successful transmission.

44. Meyer is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to Meyer in accordance with Meyer"s Privacy Policy.

SECURITY POLICY

When purchasing from Meyer Cookware Australia Pty Ltd your financial details including the information you enter in relation to your credit card payments are transacted using the Westpac Payway interface and are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.