T&Cs
SIR SOUR TERMS AND CONDITIONS
Thank you for choosing Sir.Sour 80565939090 (hereafter “Sir.sour” “we”, “us”) to create your custom order.
This is an Agreement under which you (hereafter ‘you’ or ‘your’) agree to use the Goods and Services (‘the Terms’) supplied by us.
Please read these Terms carefully before ordering Goods and Services from us. The Terms below are important because they set out the rights and obligations of you, when ordering our Goods andServices (“Your Order”).
Your Order is confirmed once you have executed these Terms using our online system. However, where you fail to accept the Terms but proceed to instruct us in relation to the creation of the Goods or the manner in which the Services are undertaken, you confirm your agreement to be bound by these Terms. This also applies where you pay the non-refundable Booking Fee as required by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
1. Making Your Order
1.1 We will discuss the concept and details of the Order for your special event with you.
1.2 You acknowledge that there are a number of factors that determine how the Order can be arranged and that the Order that you choose may be different to what you thought it would be. We will endeavor to inform you of any reason as to why this may be the case in our initial discussions with you.
1.3 We offer free consultations, whether it be face to face, phone or zoom. During these consultations, we will ask you for as much information as possible so as to ascertain the design of your custom cake.
1.4 We may assist you by providing photos during our discussions. However, you acknowledge that the ingredients that we use as part of your Order may look different to those in the photos. All attempts will be made to source the colours, types of Order and materials requested for the Order. However, some items requested may not be available. Where measurements have been provided for arrangements, this sizing will be a guide only. Orders vary in size during the baking process, this can impact the sizing of the final Order. We cannot accept responsibility for these variations in size.
2. Quoting Your Order
2.1 When you have decided on the details of your Order, we will then provide you with our invoice (‘invoice’) for your Order. This information will include:
a. Your chosen Goods and Services with details (‘Goods and/or Services’);
b. The date of delivery of your Order (‘Delivery Date’); and
c. The price (‘Price’).
2.2 Your Order may require premium prices to be paid at certain times of the year, and therefore are subject to a price increase for cakes required on, but not exclusively, any public holidays, and any dates that fall on Easter weekend, the Christmas period between 1st December and 31st December, New Years’ Eve and New Years Day(‘Peak Periods’). You acknowledge that the Price will be higher if your Delivery Day or any of the Delivery Dates are within a Peak Period.
2.3 If you would like to change any of the Order or Delivery Date, we will provide you with a new quote with the revised Order, revised key Dates and revised Price.
3. Confirming Your Order
3.1 To confirm your Order, we require a non-refundable and non-transferable Booking Fee of 50% of the total price of your Order or the amount that we specify (the ‘Booking Fee’).
3.2 Such Booking Fee is non-refundable unless otherwise provided by these Terms. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.
3.3 If you confirm your Order by the last day of the Quote Period, then we agree to provide the Order on the Delivery Dates for the Price.If you do not confirm your Order by the last date of the Quote Period, then our offer to provide your Order will no longer be valid and we will have no further obligations to you. We can provide you with a new quote if you would like.
4. Cancellation or Postponement of Order
4.1 Cancellation
4.1.1 You may cancel your Order at any time, by notifying us in writing. In doing so, the following terms apply:
a. Where you have provided twenty-one (21) days notice of cancellation, you forfeit the Non-Refundable Booking Fee, as outlined in Clause 3 and all other monies paid to us will be refunded;
b. Where you cannot or do not provide twenty-one (21) days notice of cancellation, no refund of monies will be provided.
4.1.2 You accept that the non-refundable amounts paid to us are also non-transferable and cannot be applied to later dates.
4.2 Postponement
4.2.1 We will, where possible, use our best endeavours to accommodate arrangements where you require a Delivery Date change. However, where you require a postponement, you are allowed one postponement only. The new Delivery Date must be within twelve (12) months of the original Delivery Date. Where you require a further postponement, or a date beyond twelve months from the Original Delivery Date, your postponement will be treated as a new Order and you will be subject to these terms once more (including the payment of a further Non Refundable Booking Fee).
5. Preparing for Your Delivery Day and Making Changes to Your Order
5.1 Once you confirm your Order, we will start our work to provide your Order.
5.2 You may however request a change to the Order at any time up twenty-one (21) days before your Delivery Date. If we need to change the prices of the Order in your Order to accommodate your change request, then we will provide you with an additional quote. (‘Additional Quote’). Work cannot proceed on your changed Order unless that additional quote is accepted.
5.3 While we make every effort to provide exactly the flavour, filling, decoration, size, colour, shape, and design discussed during consultations, creating is an art form and may be subject to variations.
5.4 Colour matching is not a precise science and different sugar substrates take colour differently. We will do everything possible to make substrates match to each other and to match provided colour swatches, but sometimes it is not possible to make a 100% perfect colour match and some colours are just not achievable using food grade dyes.
5.5 We cannot match a “verbal” colour. Colour sent via electronic device may differ, as all monitors display colours differently. To attempt an in person colour match, you must provide an in person colour swatch at least twenty one(21) days in advance of the Order.
5.6 To maintain stability and the integrity of your Order, we reserve the right to make design and structural changes to your Order on site or off, without prior notification.
5.7 If you change your mind about the concept or details for your Order and we need to change specific parts of the Order or we need to change the amount of work that we need to do to provide the Order, an additional invoice will be provided and this invoice must paid within twenty-one (21) days prior to the Delivery Date.
5.8 All ornaments and toppers provided should be brought to us at least seven (7)days prior to your Delivery Date so they can be assessed for weight and stability and cake reinforcements prepared. In the rare event, we reserve the right not to place ornaments on your cake if we feel that by doing so, it will cause damage to your cake.
5.9 We use an approved Florist and Approved food grade applications for fresh flowers on your cake. If you wish to use your own fresh flowers, they should be brought to us at least one or two days before your Delivery Date, or be placed at the cake table at the venue, prepped and ready for use.
5.10 We will not be liable for any damage or illness caused by incorrect floral inserts into the cake.
6. Making Payments to Us
6.1 You must pay us the full Price for your Order (including any increases in the Price) five (5) days before your Delivery Day.
6.2 If the Price for your Order increases after the date that the full Price is due (which is five days before your Delivery Date) then you must pay us that additional amount immediately upon issuing of the invoice.
6.3 You can make payments to us by using one of the payment options that we provide to you. Which is direct debit transfer.
6.4 If you fail to pay us any amount when due, we will suspend delivery of or withhold access to any Order or stop performing any of the Services until payment is made.
6.5 If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by us in collecting or attempting to recover all of part of the debt.
6.6 If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
7. Collection or Delivery of the Order
7.1 We will arrange with you, your primary contact or the venue coordinator the details of the Delivery of the Order. They will be made and packaged in a way that gives stability whilst in transit.
7.2 If you wish to pick up the Order, this must be arranged at time of consultation. You are solely responsible for the safe delivery of the product and we cannot be held liable for any issues with the Order once collected. We will not be responsible for any damage occurring to your cake once it leaves our facility. Please review our special care instructions on our website to ensure that your cake is at its best on your event. We recommend placing all cakes on a flat area of a Van or SUV or floor of your vehicle, with air conditioning flowing around the cake, and a non-slip mat under the box or cake board to prevent sliding. If damage occurs during transport, we may be able to repair it. Cost of repairs will be assessed based on whether the cake is returned to the bakery or if staff are required to go to the site for a service call, and the amount of time needed to make repairs. Cost of repairs will be negotiated and paid prior to repairs or service calls to the site being made.
7.3 The Delivery of the Order and its timeframes will be agreed with either you, your primary contact or the venue coordinator.
7.4 Due to the logistics of scheduling multiple deliveries and set ups each day, we will contact your venue to confirm delivery and storage logistics; however we require a time “range” for delivery of your Order, as provided by you. You are responsible for confirming this time with your reception/venue staff or wedding coordinator. Cake tables must be set up and ready for us to arrive before the start of this time range. Plateaus, pedestals, risers and dessert trays must also be in place if we are not the providers.
7.5 Deliveries to outdoor sites are scheduled as close to the event time as possible, to allow for any last minute changes to cake table location or risks of damage, due to weather.
7.6 Call to inform us of any changes to the time range for delivery, immediately, so we can do everything within our power to avoid scheduling conflicts. Please note the phone number at the top of these Terms.
7.7 Please keep in mind that any delay to delivery affects not only us, and its staffed labour, but also all clients expecting delivery following yours.
8. Specific Order Installations
8.1 On your Delivery Day, if it is part of the Services agreed, we will develop a “run sheet” with you. We will not be liable for items not set up if they were not listed on the “handover sheet”.
8.2 Prior to the Delivery, we will arrange the nature of the setup and break down of structures, equipment and materials with you, your primary contact or the venue coordinator
8.3 You warrant that you have obtained approval (by way of licenses, permits or otherwise) in order to hold your event at its location and with the structures, equipment and materials arranged. We will not be liable for any loss, damage or delay as a result of failing to obtain such approvals. It is the responsibility of the client to determine what approvals will be required.
8.4 We reserve the right to refuse set up of a cake in any location that is not properly air conditioned or weather proofed or on any cake plateau or stand that does not appear sturdy enough to hold the weight of our cakes. All efforts will be made to work with venue staff to find placement better suited for your cake to make sure it looks beautiful on your arrival.
8.5 Your Order will be heavy and will require a perfectly level and sturdy table and cake plateau/stand. We are not responsible for any damage caused by tables or cake plateaus/stands that were unable to withstand the weight of our cakes or improperly installed, or installed at a lean.
8.6 Once our Order is set up, it is not intended to be moved until served. We are not responsible for damage caused by others after the cake is set up by us.
8.7 Tall cocktail tables are not suitable for tiered cakes over 2 tiers tall, and are not recommended, as someone will have to climb a ladder to both set up the cake, and again at the reception to disassemble and serve your cake.
8.8 Please be aware that 5 tiered or larger cakes on a standard height table may require a step stool or step ladder to disassemble and serve.
9 Warranties
9.1 We warrant to you that the Order will be made and related services performed using reasonable care and skill, however, subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, we give no warranties regarding any Order supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, we limit our liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
9.2 Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Order is limited to one or more of the following (at the election of us) - (i) replacement of the Order or supply of Order equivalent to the Order; (ii) repair of the Order; (iii) payment of the cost of replacing the Order or acquiring Order equivalent to the Order; (iv) payment of the cost of having the Order repaired.
9.3 You acknowledge, covenant and warrant that:
a. The terms of the Order are complete and accurate;
b. You will cooperate with us in all matters relating to the Order; and
c. You will provide us with such information and materials we may reasonably require in order to supply the Order, and ensure that such information is complete and accurate in all material respects.
10. Exclusivity
11.1 It is understood that we will act as the sole and exclusive cake designer and provider on the Delivery Date. It is your responsibility to ensure that other cakes are not provided on the Delivery Date. Without limiting Clause 13, where this clause is breached, you are liable for any loss suffered as a result of incorrect identification or attribution of work by us, including loss of reputation.
11. Taking and Using Photos
11.1 You agree, by making your Order, that you expressly grant us permission to use photos from your Order in various forms of advertising promoting our business. Where images are provided by your photographer, appropriate credit will be given but you must warrant that you have obtained permission from the copyright owner of the photo for its use.
11.2 We may use and publish photographs of all persons, flowers and décor involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote our services and inventory.
11.3 We may, at our cost and discretion, document aspects of your event with photography, video and or written word with our selected suppliers. We will be respectful of your privacy and anonymity by not including your name or photos of you and your guests if you do not wish for this information to be published.
11.4 All creative work and General Equipment provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the concept & items hired within your quote/invoice. All subcontractors/third party suppliers must also credit accordingly when using our services or Order.
13. Insurance
You must ensure that all other suppliers or contractors that will be in the same location as the Order when they have been delivered to you have adequate insurance to cover any loss, damage or expense if the Order is affected.
14. Product Disclaimer
14.1 Important Product Disclaimer: We are NOT an allergy-free bakery. We cannot guarantee that our products are free from any ingredients that may affect certain food allergies. We recognize the seriousness of food allergies and we recommend that you inform us of any food allergies you or your guests may have before you place your order. We will not assume any liability for adverse reactions to foods consumed or food items one may come in contact with while eating a Product provided by us.
14. Safety
14.1 Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing.
14.2 If these regulations are not strictly adhered to and we feel that our personal safety is at risk, we reserve the right to exit the location and cease our duties and you will forfeit any fees paid.
14.3 We are not responsible for the failure of the participants of your event or guests to follow government regulations in regards to public health and safety, including those restrictions relating to the handling of food, gatherings and social distancing. To the fullest extent permitted by law you agree that we will not be liable to you or any person for any claim resulting from issues relating to public health and safety and the following of mandatory rules and regulations relating to the same.
15. Subcontracting of Services
In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure Goods and Services in replacement. If suitable replacement Services are not found, responsibility and liability is limited to the return of all payments received by us for the Services.
16. Liability, and Indemnity
16.1 Subject to Australian Consumer Law, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.
16.2 We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
16.3 To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:
16.3.1. Any act or omission by you;
16.3.2. Any breach of these terms; and
16.3.3. Any third-party claim against us;
arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.
16.4. For the purposes of this clause, “liability” means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
17. Force Majeure
17.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
17.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.
17.3. In genuine force majeure circumstances, we will endeavor to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavors to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 4.
17.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part of the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.
17.5. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.
18. Entire Agreement
The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.
19. Disputes
Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.
20. Termination
20.1. We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:
a) we experience harmful or threatening behaviour;
b) you fail to provide instructions or cooperate with requests for information;
c) you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;
d) any invoice rendered by us remains outstanding;
e) you breach a term of this agreement which is not capable of remedy;
20.2. You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.
21. Governing Law and Jurisdiction
21.1. Any Agreement between us is governed by the laws of the state of [Victoria]. The parties submit to the non-exclusive jurisdiction of the courts of the State of [Victoria] and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.
22. Severability
22.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.
23. Miscellaneous
23.1. If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.
23.2. We may assign any rights or benefits under this Agreement to any third party.
23.3. You may only assign any rights or benefits under this Agreement with our prior written consent.
23.4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
24. Execution by Parties
24.1. This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.