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Terms and Conditions

Accuracy

We have taken care to ensure that the content of this website is accurate and current. However, The Chocolate Cake Company accepts no responsibility in cases where a genuine error has taken place either in the description of a product, its price or information relating to any other service that we provide. We reserve the right to refuse to sell you a product if there is a dispute relating to the attributes or price of a product. All prices are subject to change.

Privacy Policy

Please note that we collect and retain information about visitors to the site. If you purchase products from the site we will collect and retain personal information including your name, telephone number and address. We will not disclose this information to any individual or company other than those who require the information to process your order. You have the right under the Privacy Act 1993 to access any personal information held about you and to correct or delete such information from our database.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of The Chocolate Cake Company Ltd.

License and Site Access

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express writtenconsent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Chocolate Cake Company Ltd so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

Site Security

All ordering information, including your name, address and credit card details.The Chocolate Cake Company Ltd may hold these details on file,but do not accept responsibility for information that is sent bye e-mail or web site being lost or stole.

Exclusion/Limitation of Liability

We do not accept any responsibility whatsoever for any damage or harm arising from or in relation to this site and/or associated sites and/or associated stores and/or other services, including but not limited to damage or harm arising out of errors or omissions in the material contained on this site.

Links

Any links included in this site does not imply endorsement of the content of sites that we link to. We take no responsibility for any damage or harm arising from the inclusion of such links.

Website Modification

We may at our discretion, modify any of the material contained on this website, including these terms and conditions, without prior notice. Continued use or the placing of an order by the Customer after a notification is made constitutes acceptance by the Customer of the modifications.

Termination of Services

The Chocolate Cake Company Ltd reserves the right, and has absolute discretion to, at any time and for any reason whatsoever, terminate all or part of any service supplied by us, with or without notice, effective immediately.

Consumer Guarantees Act

If you are a New Zealand 'customer' as defined in the Consumer Guarantees Act 1993 then you are protected by the said Act. Nothing in these terms and conditions limits your rights under this Act.

Force Majeure

The Chocolate Cake Company Ltd shall be under no liability - to the Customer in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to naturaldisasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage.

Refund and Cancellation Policy

Once an order has been processed and payment has been made cancellations are not accepted and no refund will be given. No cash refunds will be issued, if product is deemed to be unsatisfactory or sub-standard, a store credit for the same product or to the same value may be issued by the Store Manager. The Chocolate Cake Company is not obligated to provide GST receipts for previous orders that may have been lost, and will not be liable if receipts or invoices are lost or damaged.

Store Hours

The Chocolate Cake Company Ltd reserves the right to open for business or remain closed on Public Holidays at the Store Manager’s discretion, or due to unforeseen circumstances, as detailed above. Opening hours may vary between stores. The Chocolate Cake Company Ltd reserves the right to remain closed on Saturday where a public holiday occurs on the Friday and/or Monday of the same weekend. The Chocolate Cake Company Ltd reserves the right to close for business for an annual holiday period during Christmas and New Year period. This will be a minimum of two weeks.

Pick-up Policy

All orders placed for Pick-Up are to be collected before store closing time on the day specified. The Chocolate Cake Company Ltd accepts no responsibility for cakes not picked up before the closing time, and reserves the right to charge for any orders not collected.

Delivery Policy

Delivery prices may vary between stores and are subject to change. The Chocolate Cake Company Ltd reserves the right to set definitions of CBD and Suburb designations in regards to any order placed for delivery.
Any cakes delivered out of Auckland City or Wellington City are at purchasers risk. No refund will be given for damaged cakes. (this does not apply to corporate orders over 20 cakes).
A second delivery cost will incur if the person is not there to receive delivery. If instructions are given for the delivery item to be left at the door or at the delivery premises, The Chocolate Cake Company Ltd does not take any responsible for damages or loss. The Chocolate Cake Company Ltd does not accept responsibility in the event the item does not get there on the day required for delivery, due to any of the above. All products must be paid for before delivery. The Chocolate Cake Company Ltd cannot be held responsible for any time zone differences when placing an order on the net. The customer is responsible for ensuring that the order required for delivery is placed in advance and The Chocolate Cake Company Ltd will not be held responsible if the order is received outside of shop hours or time zone hours. The customer is responsible for ensuring that they have filled out all the correct details on the order form needed to fulfill the order for delivery. The Chocolate Cake Company Ltd is not required to provide delivery on days that our stores are closed. This includes, but is not limited to, all Public holidays, Sundays and our annual close down period during Christmas and New Year.

The Chocolate Cake Company Ltd reserves the right to request additional payment for delivery if bookings are not made within the required time frames or if post codes are input incorrectly.

Wedding Cake Policy

Prices and designs may vary between stores. A non-refundable deposit is required at the time the order is placed, prices and deposit will be set by Store Manager. Changes to an order already placed may incur extra charges. Wedding cakes will not be delivered. The Chocolate Cake Company Ltd accepts no responsibility for any damages once product has left the store. The Chocolate Cake Company Ltd may cancel any order in the event of Forces Majeure as detailed above.

Customer Accounts

Loyalty Cards issued by The Chocolate Cake Company Ltd may only be used by the account holder, and cannot be exchanged for cash or used for wedding bookings. Loyalty Cards are issued at the Store Manager’s discretion. Loyalty cards are valid for six months from date of issue, after which they are subject to review. Loyalty Cards will be valid only at the Chocolate Cake Company Ltd outlet at which they have been issued. Promotions offered to Loyalty Card customers may only apply to the store at which the customer holds an account, and may be limited to a particular customer, company or event. The Chocolate Cake Company may retaincustomer’s contact details for the purpose of sending promotional material on a monthly basis, but is not obligated to offer a promotion every month. Promotions may be discontinued without notice and are subject to change. The Chocolate Cake Company Ltd may cancel any customer’s Loyalty Card in the event of misuse.