Terms & Conditions

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern staceyjanesnappycake.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to staceyjanesnappycake.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and staceyjanesnappycake.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that staceyjanesnappycake.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), staceyjanesnappycake.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of staceyjanesnappycake.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

staceyjanesnappycake.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded minus the delivery fee and a 10% administrative and service fee. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of staceyjanesnappycake.com.au. A refund will not be give for a simple ‘change of mind’. You can choose between a refund (minus 10% for administrative and service charges and minus the delivery fee) or exchange where goods are faulty, wrongly described, different from a sample shown to you or damaged.

LINKS TO OTHER WEBSITES

staceyjanesnappycake.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between staceyjanesnappycake.com.au and the owners of those websites. staceyjanesnappycake.com.au takes no responsibility for any of the content found on the linked websites.

staceyjanesnappycake.com.au’s website may contain information or advertisements provided by third parties for which staceyjanesnappycake.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

In full disclosure please know that some links provided on this website are affiliate links, when clicking on these links and purchasing the products I may receive a small commission.  I generally recommend products that I have used, do use, or have been recommended and researched. Only purchase a product if you think it will be of benefit to you and we recommend that you do your own independent research of the product before purchasing anything. In no event will staceyjanesnappycakes.com.au be liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage of data or profits arising from or in connection to the use of this website and third party links. 

Please note that I have not been given any free products, services or anything else by these companies in exchange for mentioning them on the site. The only consideration is in the form of affiliate commissions.

 

DISCLAIMER

To the fullest extent permitted by law, staceyjanesnappycake.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. staceyjanesnappycake.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of staceyjanesnappycake.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At staceyjanesnappycake.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. staceyjanesnappycake.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. staceyjanesnappycake.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data staceyjanesnappycake.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

staceyjanesnappycake.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

staceyjanesnappycake.com.au may be required, in certain circumstances, to disclose information in good faith and where staceyjanesnappycake.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of staceyjanesnappycake.com.au. staceyjanesnappycake.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then staceyjanesnappycake.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. staceyjanesnappycake.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

staceyjanesnappycake.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and staceyjanesnappycake.com.au concerning your use and access to staceyjanesnappycake.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

EDUCATION OR LIFE COACHING

By using our services, you agree that staceyjanesnappycake.com.au is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold staceyjanesnappycake.com.au liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by staceyjanesnappycake.com.au.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and staceyjanesnappycake.com.au takes no responsibility for your actions, choices or decisions.

JURISDICTION

This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and staceyjanesnappycake.com.au that results in litigation then you must submit to the jurisdiction of the courts of South Australia.

Other General Terms for Conduction Transactions with Stacey Jane’s Nappy Cakes

  • Orders will not be dispatched until full payment is received.
  • 24hr notice must be received in writing (email or SMS is fine) for any gift order cancellations.
  • Cancellations will not be accepted after the gift has been dispatched.
  • I endeavor to deliver your baby gift by the requested date, however sometimes this is not always possible due to unforeseen circumstance that are out of my control (ie. courier/transport delays).  You agree when ordering from Stacey Jane’s Nappy Cakes that if a late delivery occurs this does not entitle you to cancel an order or constitute a failure of our agreement. Refunds will not be given for late deliveries out of my control.
  • Cancellations made within the 24hr window before dispatch will incur a 10% Administration & service charge.
  • Every effort will be made to reproduce what you see on this website, however depending on product availability some items shown in the pictures may not be available at the time of your purchase. In the event that this occurs will be substituted for a product of equal or higher value. Colours, designs & style may also vary depending on stock availability.
  • Gifts are packaged with care, in the unfortunate event that a gift is delivered faulty or damaged please inform me within 2 days of delivery. I am more than happy to replace the item once I have  received it back and deemed it faulty or damaged. The replacement product will then be posted back to the gift recipient asap.
  • Please contact me with in 7 days of delivery if you have any problem relating to your purchase. I will do everything I can to resolve your issue within a reasonable time frame.
  • All prices quoted on this website are in Australian Dollars (AUD) and can be changed at my discretion at anytime.
  • I am not required at this time to charge GST.
  • Any suggestions, comments or views that have been submitted to Stacey Simpson via the website and any other means remain the property of Stacey Simpson. Stacey Simpson is under no obligation to pay any fees for the use of those suggestions, ideas, comments or views.
  • Any products seen on this website https://staceyjanesnappycakes.com.au are not to be copied, replicated, stored, printed, exhibited, published, developed in any form without the permission in writing from Stacey Simpson.
  • By signing up for a user account you agree to receive emails pertaining to your current purchase, reward points received and anything else related to the purchase you have made. You can opt out of this at anytime from the email unsubscribe link.
  • Custom (bespoke) nappy cakes require 20% deposit once a design has been agreed upon.  This will be used toward any ‘custom items’ required to make the pre-arranged design. If cancellation occurs with a bespoke nappy cake the deposit will be refunded minus any product outlay that has been purchased specifically for that nappy cake. If items purchased exceed the 20% deposit the whole deposit will be forfeited. Final balance of the gift will need to be paid in full prior to assembly. If cancellation occurs after this payment and before the 24hr window of dispatch a refund will be given minus any outlay for specific products purchased for the gift.  If the cancellation occurs within 24hr of  dispatch, a 10% administration & service fee will also be deducted before the refund is given.

Delivery

  • Delivery of your baby gift hamper or nappy cake is Monday to Friday only.  The couriers do not work on the weekend.
  • Deliveries to hospitals or large businesses often have a central delivery point like a reception, good inwards or mail room. It is considered that delivery has been competed once it is signed for by a member of staff at that central point.
  • It is the purchasers responsibility to inform me immediately if an order has not arrived. I will then endeavor to track the order with the courier and have it delivered as soon as possible.
  • I will not accept liability for any loss or damage that arises from gifts being lost, damaged or stolen after delivery has taken place. This includes loss or damage resulting from delivery to unattended addresses where the sender has given an “authority to leave” when no one is at home.
  • Please ensure you enter all of the delivery details in the delivery form carefully and correctly.  Miss typed or inaccurate information can result in a delay with your delivery.  Or incorrect delivery. If this occurs the associated re-delivery cost may be incurred by the purchaser.
  • Delivery interstate is via road courier. Delivery time frames are stated at checkout and on your order confirmation that is emailed when an order is placed. It is your responsibility to ensure you are not requesting an unrealistic delivery date. (ie. Wanting a parcel delivered in 1 days when it take 3-4 businesses days in transit). These orders will be dispatched next business day of order and will take the allotted time to reach its destination. These orders will not be refunded once dispatched.
  • If sending to a maternity hospital please ensure you have the correct surname for the mother, some hospitals will admit under the maiden name even if the mother is married.  Re-delivery fees will occur if the gift is rejected by the hospital.
  • Some hospitals will transfer a mum & baby from the hospital with in a day or two, please be mindful on how long your recipient will be in the hospital to avoid delivery delays.
  • All gifts received by the hospital and signed for are classified as ‘delivered’ and no dispute of non-delivery or loss of goods will be entered into. It is your responsibility to follow up with the hospital should your items not be received by the recipient after the delivery has been made. Hospital deliveries are made to a receiving dock and transferred to the appropriate ward when they can.
  • I am not able to specify a delivery time with the courier.  It will be dispatched at the earliest pick up possible and the courier has the entire day until close of business to make the delivery.  If you believe the patient will be discharged from hospital on the day you place the order it is best to send it to a residential address.  If the patient has been discharged the gift will be returned to me and I will need to charge a new delivery fee to have it sent to a new address.  This will also delay the delivery of your gift.  Please read these terms and conditions carefully.
  • Please be mindful when sending your gift interstate, it is preferable to send to a residential address rather than a hospital.  This is in case mum & baby are discharged early, you WILL be charged for re-delivery if this occurs, the potential for increased delivery fees if the new address is not in the same delivery area, and a delay in your recipient receiving their gift.

Failure to Deliver

  • The date chosen at checkout is a shipping/dispatch Date (not a delivery date). This is the date you wish to have the gift sent out and delivery will occur within a reasonable time frame of this dispatch. This might be the same day but no guarantees are made and can be dependent on the destination. Interstate deliveries will not be delivered on the same day as ordered.
  • Sometimes unforeseen circumstances occur with the delivery process and a short delay may occur.
  • Stacey Jane’s Nappy Cakes will under no circumstance pay any compensation for delay in delivery or failing to deliver due to circumstances out of their control.

Same Day Delivery (Adelaide Only) – CURRENTLY UNAVAILABLE

  • Orders must be placed by 10.30am (Adelaide time).
  • Any orders placed after 10.30am will be dispatched on the next available courier service which may mean a delivery for the next business day. I.e. if you place your order at 10.45am on Friday it will not be delivered until Monday.
  • Only valid on products pre-made and ready for delivery, to an Adelaide maternity hospital. Items can be found here ‘Same Day Delivery to Metro Maternity Hospitals’. These items may change without notice.
  • There are occasions I can accommodate ‘other gifts’ (not on the same day order page) and alternative delivery addresses for same day delivery, however they will be dependent on the current work load, the gift you choose, the time you place your order and the delivery destination.  All efforts will be made to accommodate your needs but this is not guaranteed as a same day delivery.
  • Generally only 1 of each item will be pre-assembled and ready for dispatch. This is why you must order form the pre-assembled page.  If an item is out of stock normally this means I have sold it that morning, however please call me to confirm as I may be able to assemble a new gift, depending on time of order, the gift and other deliveries for the morning.
  • There will be the extremely odd occasion when the online shop is not attended for same day deliveries. A note on the top of the page in Red will notify you of this. Orders may still be placed and I will endeavor to have them dispatched on the next available courier service, however this may mean it will be delivered the next business day.
  • I only use reliable courier services however sometimes circumstances beyond my control may occur and therefore cannot guarantee this service 100%. In the unlikely event your gift is not delivered on the day of ordering it will be delivered on the next business day.  You agree that if a late delivery occurs this does not entitle you to cancel an order or constitute a failure of our agreement.
  • I am not able to specify a delivery time with the courier.  It will be dispatched at the earliest pick up possible and the courier has the entire day to make the delivery.  If you believe the patient will be discharged on the day you place the order it is best to send it to a residential address.  If the patient is discharged the gift will be returned to me and I will need to charge a new delivery fee to have it sent to a new address.  This will also delay the delivery of your gift, and higher delivery fees may apply if it is out of the Adelaide Metro Area. Please read the Terms and conditions carefully.
  • The following maternity hospitals are serviced:
    • Women’s and Children’s Hospital – North Adelaide SA;
    • Calvary Hospital – North Adelaide SA;
    • Ashford Hospital – Ashford SA;
    • Burnside War Memorial Hospital – Toorak Gardens  SA;
    • North Eastern Community Hospital – Campbelltown SA;
    • Flinders Private Hospital and Flinders Medical Centre – Bedford Park SA.
    • Lyell McEwin – Elizabeth Downs.

 

Stacey Simpson reserves the right to alter the content of this website, and these disclaimers, terms and conditions, at any time.

Click here to visit the online store to purchase your nappy cake or baby gift basket today