Terms and Conditions of Purchase

Thank you for making a purchase with Bake it by Giovannellis. These Terms and Conditions govern your purchase.

By clicking “accept” you agree to these Terms and Conditions.

1.1. The Website is operated by Ashley Gribbin (abn: 38970187059) t/a Bake it by Giovannellis of Camden, New South Wales (‘Bake it by Giovannellis’). Access to and use of the Website, or any of its associated Products or Services, is provided by Bake it by Giovannellis.

1.2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'), to access and download free content (‘Free Content’) and to subscribe to the Bake It Boxes and/or Individual Mixes subscriptions (‘Subscription’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

2.1. By proceeding to purchase a Product, you warrant and acknowledge that you are over 18 years.

2.2. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.

2.3. You agree that all details that you have provided in completing the purchase are true and correct.

2.4. Your personal information is kept in accordance with the Bake it by Giovannellis’ Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.

3.1. In using the Purchase Services to purchase the Product through the Website you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

3.2. Payment of the Purchase Price may be made through direct deposit, credit card through the available payment provider (the 'Payment Gateway Providers').

3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.4. Following payment of the Purchase Price being confirmed by Bake it by Giovannellis, you will be issued with a receipt to confirm that the payment has been received and Bake it by Giovannellis may record your purchase details for future use.

3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.

3.6. Bake it by Giovannellis reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

4.1. Bake it by Giovannellis offers a Bake It Boxes and Individual Mixes subscriptions (Subscription). The Subscription recurring monthly payment and term are set out on the Website (Subscription Term).

4.2. The Subscriptions include the inclusions outlined on the Website.

4.3. Bake it by Giovannellis reserves the right to vary the Subscription inclusions at any time.

4.4. You are given the option of paying for the full Subscription Fes upfront, or on a monthly basis through a payment plan.

4.5. By purchasing a Subscription through a payment plan, you agree to pay Bake it by Giovannellis the monthly Subscription Fees at the then-current rate, on a monthly basis for the Subscription Term (Subscription Fees).

4.6. Subscription Fees are automatically billed on the nominated day of every month, on a monthly basis (Monthly Billing Date) and will charged to the same payment process used in your initial payment. The Monthly Billing Date is outlined in the Member Portal.

4.7. If you fail to make payment of the Subscription Fees by the Monthly Billing Date, the Products for that month will not be shipped. Failed payments will be attempted 3 times and if these attempts are unsuccessful the subscription will be cancelled.

4.8. You acknowledge and agree that where a request for the payment of the Subscription Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fees.

4.9. You agree that if you default on any payments due and payable under these Terms, any costs incurred by Bake it by Giovannellis for steps taken to enforce payment terms will be recoverable and payable by you.

4.10. Subscription deliveries are subject to the general delivery terms and conditions outlined these Terms.

4.11. Bake it by Giovannellis does not permit change of mind refunds for Subscriptions. For the sake of clarity, Bake it by Giovannellis will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the

Subscription.

4.12. If you are unsure about committing to the Subscription model, Bake it by Giovannellis recommends that you purchase a Product on a one-off basis before making your purchase.

4.13. Bake it by Giovannellis will make every effort to ensure a Product, including any Product provided through a subscription is accurately depicted on the Website, however, you acknowledge that inclusions, sizes, colours and designs may differ from what is displayed on the Website.

4.14. If you require a return for any other reason please see clause 8.

4.15. Bake it by Giovannellis reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion.

4.16. Any information provided to you by Bake it by Giovannellis regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

4.17. Bake it by Giovannellis makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.

4.18. Bake it by Giovannellis will not be liable for any damage, loss or any result based on your use of Bake it by Giovannellis Products.

4.19. Bake it by Giovannellis Products contain goods provided by third-party suppliers. You agree that Bake it by Giovannellis is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

5.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Bake it by Giovannellis is not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. Bake it by Giovannellis will strive to meet the requirements of your anticipated delivery date. However, Bake it by Giovannellis will not be liable for any losses you suffer as a result of a delay.

5.2. You acknowledge that the Purchase Services offered by Bake it by Giovannellis integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

5.3. In providing the Purchase Services, Bake it by Giovannellis may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Bake it by Giovannellis is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

5.4. Bake it by Giovannellis currently ships across Australia and to New Zeland limited to locations serviced by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Bake it by Giovannellis can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.

5.5. You agree certain Products contain perishable items that may be damaged if left outside for an extended period of time. You acknowledge that if the Products are left at a P.O Box or if you authorise the Delivery Services Provider to leave the Products on delivery, the state of the goods will be your responsibility.

5.6. In the event that an item is lost or damaged in the course of the Delivery Services, Bake it by Giovannellis asks that you:

(a) contact the Delivery Service Provider directly to request a refund; and

(b) contact Bake it by Giovannellis by sending an email to [e-mail] outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider

should be removed from the Purchase Services.

6.1. Bake it by Giovannellis does not provide refunds for change of mind.

6.2. If you have received a Product that is damaged, or if you have received an incorrect Product, Bake it by Giovannellis will provide a refund on the return of the item. To request a refund and organise a return for this reason please e-mail hello@bakeitbygiovannellis.com.au. with your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be unopened, and its original saleable condition.

6.3. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.

6.4. In the following situations, no refund or return will be available:

(a) Denied acceptance of delivery by receiver;

(b) Inaccurate delivery address;

(a) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Bake it by Giovannellis for a return fee charged to the initial payment method.

7.1. Once payment for an order has been accepted, no cancellations are permitted.

7.2. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Bake it by Giovannellis reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

8.1. Gift Cards can be purchased from the Website and are administered by shopify (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider.

8.2. Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.

8.3. Gift Cards can be used to purchase nominated Products for sale on the Website unless specified by Bake it by Giovannellis.

8.4. Gift Cards are not refundable.

9.1. Bake it by Giovannellis’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

9.2. If you have received a Product that you believe is faulty or defective, please contact hello@bakeitbygiovannellis.com.au with photographic proof

10.1. Any information provided to you by Bake it by Giovannellis regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

10.2. Bake it by Giovannellis makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.

10.3. Bake it by Giovannellis will not be liable for any damage, loss or any result based on your use of Bake it by Giovannellis Products including subscriptions.

10.4. Bake it by Giovannellis Products contain goods provided by third-party suppliers. You agree that Bake it by Giovannellis is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

Bake it by Giovannellis takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Bake it by Giovannellis’ Privacy Policy.

12.1. If circumstances beyond Bake it by Giovannellis’s control prevent or hinder its provision of the Products, Bake it by Giovannellis is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Bake it by Giovannellis may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

12.2. Circumstances beyond Bake it by Giovannellis’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

13.1. When completing your purchase, you will be given the option to register for the Bake it by Giovannellis Mailing List (the 'Mailing List').

13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name

13.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Bake it by Giovannellis.

14.1. You agree to indemnify Bake it by Giovannellis, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.