Online Ordering Terms & Conditions

  1. GENERAL
    • These Terms & Conditions shall apply to an online order for the supply of products (Order) by a participating Bakers Delight bakery (Bakery) which is submitted via the online ordering system at bakersdelight.com.au or via any application (Online Ordering System). You acknowledge that the Online Ordering System is hosted and administered by a third party provider and not by Bakers Delight Holdings Ltd (BDH).
    • You will be deemed to accept these Terms & Conditions when you submit an Order through the Online Ordering System.
    • BDH may amend these Terms and Conditions from time to time, by publishing the amended Terms & Conditions on this website. The amended Terms & Conditions will apply from the next Order you submit through the Online Ordering System. By placing an Order through the Online Ordering System you agree to the amended Terms & Conditions.
    • BDH does not guarantee that the Online Ordering System will be available 24 hours a day 7 days a week and will be free from errors, viruses or other harmful components. BDH will not liable if the Online Ordering System is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason.
    • BDH may suspend or terminate the Online Ordering System at any time for any reason and without prior notice.
  2. USE OF THE ONLINE ORDERING SYSTEM
    • To use the Online Ordering System and to submit an Order you will be required to set up a user account (Account) by clicking on the ‘sign-up’ link and following the prompts.
    • You acknowledge you will be required to provide your personal details, including your name, address, mobile phone number, e-mail address and payment information.
    • In setting up an Account and in using the Online Ordering System:
      • you warrant that all personal details and information you provide to BDH are true and correct;
      • you accept full responsibility for maintaining and keeping up to date all personal details and information, including payment information. You accept that in the event these details are not up to date you may not be able to use the Online Ordering System until such time as you have provided the updated information;
      • you accept full responsibility for maintaining the confidentiality of your personal details, password details and payment detail;
      • you assume full responsibility for all your activities whilst using the Online Ordering System and for any costs or charges that you incur as a result of using the Online Ordering System, including any additional mobile data or other internet user charges.
    • You are permitted to use the Online Ordering System for your own personal use. You are not permitted to resell or resupply any products ordered through the Online Ordering System to a third party.
    • You must be aged eighteen (18) years or over or otherwise be under the supervision of an adult or guardian in order to access, use and submit an Order through the Online Ordering System.
    • BDH reserves the right to refuse any Order or terminate your access to the Online Ordering System, in BDH’s sole discretion, and without prior notice to you and without refunding any payment made by you:
      • if BDH reasonably suspects you are reselling or resupply any products ordered through the Online Ordering System to a third party;
      • if BDH believes, in its sole discretion, that you have breached these Terms & Conditions.
  1. ORDERS
    • You acknowledge and agree that:
      • each Order submitted by you is treated as an express offer to purchase the products specified in the Order for the prices published on the Online Ordering System at the time the Order is submitted;
      • you enter into a separate and binding agreement with the individual franchisee with respect to products ordered from a Bakery owned by a franchisee in accordance with these Terms & Conditions;
      • you enter into a separate and binding agreement with BDH with respect to products ordered from a Bakery owned by BDH in accordance with these Terms & Conditions.
    • Where products are supplied by a Bakery owned by a franchisee:
      • BDH merely acts as an agent of the franchisee of the Bakery from which the products will be provided.
      • the franchisee will be responsible for supplying the products and BDH accepts no responsibility and make no warranties or representations regarding the products provided by the franchisee.
      • For the purposes of these Terms & Conditions “franchisee” means a franchisee appointed by BDH to operate the Bakery from which the products will be provided.
    • To place an Order via the Online Ordering System you will be required to specify the following:
      • the products you wish to order;
      • the Bakery from which you wish to collect the Order (“Collection Bakery”);
      • the time you intend to collect the Order (“Collection Time”), which must be during the Collection Bakery’s hours of operation and on the same day the Order is submitted; and
      • your payment information; and
    • You must check the details of your Order and correct any errors before submitting the Order through the Online Ordering Platform.
    • You will receive a confirmation of your Order once submitted.
    • Quoted Collection Times are estimates only and may be affected by the volume of orders.
    • BDH takes the utmost care to ensure that the names, descriptions, prices, nutritional information and allergenic warnings in respect of products are accurate. Any queries in respect of any products should be directed to the Bakery directly or BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on +613 9811 6111 before you submit your Order.
  2. PRICES AND PAYMENT
    • The prices for the products will be as published on the Online Ordering System at the time you submit your Order.
    • The prices are expressed as inclusive of GST and in Australian dollars.
    • You must pay for your Order through the Online Ordering System at the time of submitting your Order using an accepted credit card or debit card and payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider.
    • If your payment cannot be processed you will be notified and your Order will not be processed.
    • BDH reserves the right to:
      • refuse an Order or change a price if the published price was incorrect due to a malfunction or interference with the Online Ordering System.
      • change the payment methods that can be used for Orders at any time in its absolute discretion.
  1. CANCELLING OR CHANGING YOUR ORDER
    • If you wish to cancel or change your Order after it has been submitted through the Online Ordering System and accepted and payment processed you must:
      • telephone or attend the Collection Bakery directly; and
      • request the cancellation or change.
    • The Collection Bakery may accept or reject your request for a cancellation or change of an Order in its absolute discretion.
    • If your request for a cancellation or change of an Order is accepted your original payment will be processed and if you are entitled to a refund this will be processed by the Collection Bakery.
    • If, due to unforeseen circumstances, the Collection Bakery is unable to fulfil your Order, or if a product is no longer available, the Collection Bakery will contact you before the Collection Time to:
      • replace the unavailable item with as similar item of equivalent value;
      • provide a refund of the price of the unavailable item;
      • cancel the entire Order and provide a full refund; or
      • provide another form of compensation that is appropriate in the Bakery’s reasonable opinion.
    • If there are any issues with your Order you may contact the Collection Bakery directly or BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on +613 9811 6111 during business hours within 48 hours of the Collection Time.
    • BDH’s Customer Relations Team will review your communication and contact you a soon as possible with a proposed resolution.
  2. COLLECTING YOUR ORDER
    • You must collect your Order at the Collection Bakery at the selected Collection Time.
    • To collect your Order you will be required to provide your Order confirmation and if requested, proof of identity.
    • The Collection Bakery will use best endeavours to have your Order ready at the Collection Time.
    • If you do not collect your Order on the same day that the Order is submitted the products will be discarded at the end of the day and no refund will be provided to you.
  3. LIABILITY INDEMNITY
    • To the extent permitted by law, BDH is not liable for any claims, losses, judgements, liabilities and damages that you sustain as a result of your use of or the failure of the Online Ordering System, including delays in collection, or your consumption of the products ordered through the Online Ordering System, except to the extent caused by BDH’s negligence or willful acts or omissions.
    • These Terms & Conditions will not be construed as excluding, qualifying or limiting your statutory rights or remedies.
    • You agree to indemnify and hold harmless BDH and its related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) arising from or in connection with:
      • your use of and access to the Online Ordering System;
      • your violation of any term of these Terms & Conditions;
  1. PRIVACY POLICY
    • The Bakers Delight Privacy Policy forms part of these Terms & Conditions and applies to all personal information submitted by you on the Online Ordering System such as your name, address, mobile phone number, e-mail address and payment information. If BDH does not have this information BDH may be unable to process your Order.
    • By placing an Order and providing BDH with your personal information, you agree to BDH’s Privacy Policy and consent to BDH collecting, using, disclosing, processing, and storing your personal information in accordance with the Bakers Delight Privacy Policy.
    • BDH does not actively disclose your personal information overseas. BDH discloses your personal information to Task Software Pty Ltd (Task) in order to facilitate its Online Ordering System.  This may involve disclosure to USA and Poland.  Task will use information in accordance with their privacy policy.  See: https://tasksoftware.com.au/privacy-policy
    • If you consent to disclosure of your personal information as described above, BDH is not required to take reasonable steps to ensure that Task does not breach the Australian Privacy Principles (APPs) in relation to the disclosed information, BDH will not be liable under the Privacy Act 1988 (Cth) and you will not be able to seek redress under the Privacy Act 1988 (Cth). Task may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities.  Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by placing your Order.
    • The Bakers Delight Privacy Policy contains information about how you may access or seek correction of your personal information, how to file a complaint and how BDH will deal with your complaint. To view BDH’s full privacy policy, please click here.
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  2. ABILITY TO ACCEPT TERMS AND CONDITIONS OF USE

In setting up an Account and in using the Online Ordering System you warrant that you are either aged eighteen (18) years or over or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set out n these Terms & Conditions and to abide by and comply with these Terms & Conditions.

  1. INTELLECTUAL PROPERTY

You acknowledge that all trade marks, copyright and intellectual property associated with the brand Bakers Delight are the property of BDH and you will not copy any of the BDH branding.  In the event that you copy any of the BDH intellectual property, you acknowledge that your actions will be a breach of these Terms & Conditions and BDH reserves all of its legal rights and remedies.

  1. GOVERNING LAW

These Terms & Conditions are governed by the laws of Australia.