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BLACK STAR PASTRY

ABN: 90 151 541 865

ONLINE SALES TERMS AND CONDITIONS

TERMS OF PAYMENT

To commence production we require a 100% non-refundable deposit. Your order will be confirmed when we have received your confirmation of payment.

Payment through the website can be made by credit card (Visa, Mastercard or American Express).

COLLECTION POLICY

All orders require order confirmation email to be shown upon collection. Orders cannot be collected unless this information is provided.

CANCELLATIONS & DEPOSITS

We take great pride in all Black Star Pastry creations. Should you be unhappy with the product received, please contact us at [email protected].

We require a minimum of 48 hours notice for any order amendments & cancellations. Speciality cakes, wedding cakes and catering orders require at least two week’s notice.

We shall deal with all issues on a case by case basis and reserve the right to resolve accordingly. We are unable to cancel cake orders that are already prepared and packed ready for pick-up. Other order cancellations may incur a $50 administration fee.

DELIVERY

We entrust the responsibility to Go People, an innovative Australian start-up revolutionising delivery services for over 10,000 businesses like ours. Experts in delivering specialty products that require delicate handling, Go People's team are trained to treat products like ours with the utmost care, ensuring that each slice arrives at its destination in perfect condition - just as you'd expect.

We are now delivering across Sydney Metro, to homes and businesses 30kms from our Rosebery kitchens, suburbs included and pricing can be found here: Sydney

Our delivery window is from 11am to 4pm, Monday to Sunday however, we cannot guarantee a specific time within this delivery window. For Strawberry Watermelon Cake, orders must be placed by 12pm for next day delivery. All other cake orders must be placed with a minimum of 48 hours’ notice.

When confirming your order, you are agreeing that our delivery partner has authority to leave, and that you are responsible for the delivery once they have left it according to your delivery details. Please ensure all details are entered correctly when confirming your order with apartment/unit numbers included (if required). If you have missed a detail when entering your delivery address, please reach out to us by replying to your confirmation email (24-48 hours notice required). You will receive a tracking link via text to the mobile number provided, for any additional details on the day for the driver.

REFUND POLICY

In order for a full refund to be granted we request that the product in question either be photographed (in the case of deliveries) or returned to Black Star Pastry for inspection. Any other complaint not covered by relevant consumer laws, will be subject to our customer service policy with remedies at the discretion of management.

GST

GST is applicable on all quoted prices and will be clearly itemised on any quote and/or invoice.

RISK AND TITLE

Risk and title in the products passes to you upon collection.

SHIPPING POLICY - RETURNS & REFUNDS

Deliveries can be organised at the cost and risk of the customer. Couriers that offer this service are: Zoom2U.com.au

When arranging your booking please request that couriers handle cakes with care and ensure the safe handling at each stage of transportation. Please check your delivery upon receipt to ensure your satisfaction at the time of delivery handover.

LIMITATION OF LIABILITY

Please Note - all product images on our web site are for illustration purposes only. Colours and shades of delivered products may vary from image/description.

Provided that it’s fair and reasonable to do so, any liability of Black Star Pastry resulting from a breach of warranty (express or implied) in relation to products ordered from our website will be limited as follows:

If the breach relates to the products, to the replacement of the products or the supply of equivalent products. If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.

These limitations don’t apply to any condition or warranty implied by legislation that does not permit our liability to be limited.

$150 GIFT CARD GIVEAWAY TERMS

One winner will be drawn randomly and contacted via the email provided in the sign-up form. The winner must reply within 14 days of receiving the email to redeem their prize. The prize is only valid for entrants that sign up via our website form or in-store via provided signage. The winner(s) are entitled to 1 x $150 Gift Card which can be redeemed in-store at Black Star Pastry

L’Occitane x Black Star Pastry - Instagram Competition Terms & Conditions

Section 1: Promotion

By entering into this competition, you (“Entrant”) agree to be bound by these terms and conditions.

Promotion: Eligible Entrants who entered the competition will be selected by random to win 1x prize valued at over $600 containing 1 x L’Occitane Almond gift pack (1x Almond Shower Oil 250ml, 1x Almond Milk Concentrate 200ml, 1x Delicious Hands 75ml, 1x Almond Supple Skin Oil 100ml and 1x Almond Delicious Shower 200ml) and 1x Black Star Pastry gift pack (1x four portion L’Amande Cake, 1x Black Star Pastry Black Bomber Jacket, 1x Black Star Pastry Grey Hoodie, 1x Black Star Pastry Canvas Tote and 1x Black Star Pastry Yellow Frank Green Keep Cup). These Terms and Conditions of Entry will be published online and will be accessible in English.

Promotor: The Promoter is Black Star Pastry, ABN 90 151 541 865. Address of the Promoter is C1/85-113 Dunning Ave, Rosebery NSW 2018.

Promotion Period: The competition opens for entry on 9am, 14th

August 2024 and closes on 11:59pm, August 18th 2024 (“Promotion Period”). Competition accessible at: https://www.instagram.com/blac... and https://www.instagram.com/locc... .




Section 2: Eligibility

Entry is open to all residents of Australia only, excluding employees and officers of the Promoter and any agency associated with the promotion of the competition and their immediate families.

Further, any missing or incorrect information or contact details provided on the entry form, or any subsequent cancellation of an entry before the conclusion of the promotion, will render that entry invalid.




Section 3: Entry to the Promotion

To enter, the eligible Entrants must have followed the Instagram accounts @blackstarpastry and @loccitaneanz and tagged a friend. Each additional friend tagged is an additional entry.

Entry into the competition is free.


Section 4: Judging


Judging: 1 entry made by eligible Entrants will be selected as the winning entry by random draw conducted by a representative of the Promoter. The prize draw will take place at 12pm on 19th August 2024 (‘Draw Date’) at C1/85-113 Dunning Ave, Rosebery NSW 2018. This is a game of chance. 1 winner will be selected among the entries. The Promoter’s decision will be final and no correspondence will be entered into.

Prize winners: There will be a total of 1 winner.

Section 5: Prizes

Prize Components: The Promotion offers 1 Prize only. The Prize consists of 1 x L’Occitane Almond gift pack (1x Almond Shower Oil 250ml, 1x Almond Milk Concentrate 200ml, 1x Delicious Hands 75ml, 1x Almond Supple Skin Oil 100ml and 1x Almond Delicious Shower 200ml) and 1x Black Star Pastry gift pack (1x four portion L’Amande Cake, 1x Black Star Pastry Black Bomber Jacket, 1x Black Star Pastry Grey Hoodie, 1x Black Star Pastry Canvas Tote and 1x Black Star Pastry Yellow Frank Green Keep Cup). Please note: if a winner is drawn outside of Sydney and Melbourne, they will not receive the L’Amande Cake. The cake will be delivered to a residential address within 30kms of Black Star Pastry’s St Kilda or Rosebery Store. The winner must be 18 years old and over.

Prize value: The total prize is valued at over $600 AUD . Prize values are accurate as at the commencement of the promotion.



Prize Conditions: The Prizes are subject to the following conditions:

Prizes are not transferable, exchangeable or redeemable for cash.

If the Promoter is unable to provide a Winner with the nominated prize, the Promoter may provide any substitute prize of approximately the same value.

No exchange of Prize: Prizes will be supplied as described in these Terms and Conditions of Entry. The Prize can be transferred to another person or entity with approval of the Promoter. If for any reason, the Prize Winner cannot take any component of the Prize and it does not wish to transfer the Prize, then the Prize will be forfeited.

Taxes: Winners will be responsible for any tax liability associated with a Prize.




Section 6: Prize Winner

Contact: The Winner will be contacted via @blackstarpastry Instagram direct message.

Claim of Prize: Winner is required to confirm name and address by reply in return message within 7 days. If the Winner fails to confirm his or her address by message within 7 days, the Promoter is not obliged to send the Prize to the Winner and may, in its discretion, select an alternative entry as the Winner. Prize will be sent to the Winner by pre-paid post to the address given on the entry form. The Promoter is not liable for non-receipt of a prize for any reason. Any prizes returned to the Promoter unclaimed may be distributed by the Promoter in its absolute discretion.

Winner Publicity: In accepting a Prize, the Prize Winner agrees to participate in any publicity arrangements made by or on the behalf of the Promoter in relation to the Promotion. The Prize Winner further acknowledges that the Promoter reserves the right to publicise their name, state, country and photographs without any payment being made to them in respect of this Promotion.


Section 7: General Conditions

The Promoter accepts no responsibility for any entries not received within the required time or at all. Entries will be deemed accepted when they are received by the Promoter. The Promoter reserves its right to verify the validity of entries and to disqualify any Entrant for providing false information, failing to comply with these terms and conditions or tampering with the entry process. The Promoter is not responsible for any technical difficulties which prevent an otherwise valid entry from being received by the Promoter.

The Promoter is not liable for any loss or damage suffered by an Entrant (however caused, including by the negligence of the Promoter) in connection with these terms and conditions or the competition. To the fullest extent permissible by law, each Entrant in the Promotion including without limitation the Prize Winners, releases the Promoter from any claim, loss, damage, expense (including any claim for legal expenses), cost or charge sustained or in any way incurred by such Entrant in connection with the Prize or their participation in the Promotion. The Entrant is liable for and indemnifies the Promoter from and against any loss or damage (including legal fees) however caused, suffered or incurred by the Promoter in connection with these terms and conditions or any act or omission of the Entrant.

All liability for Government charges, expenses, taxes or any other tax or duty is the sole responsibility of each Winner of a prize and each Winner will indemnify the Promoter for any such liabilities the Promoter may incur arising out of the competition.

All entries remain the property of the Promoter. Entry into the competition will be deemed of acceptance of these terms and conditions and is deemed that approval and consent is given to the Promoter using, modifying and disclosing:

the Entrant's name, likeness, image or voice (including photograph, film or recording) in any media; and

all information provided by the Entrant in the entry form ('Material'),

for an unlimited time without further reference, payment or any other compensation to the Entrant for the promotion of any products or services of the Promoter, including sending the Entrant electronic messages. The use and disclosure of the Material by the Promoter is subject to the Promoter's privacy policy and the restrictions imposed by the Privacy Act 1988. A copy of the Promoter's privacy policy is available at https://au.loccitane.com/priva...,23,1,6061,70895.htm

If an Entrant does not provide the Promoter with the personal information requested in the entry form, then at the absolute discretion of the Promoter, the Entrant may be disqualified from the competition.

By entering the competition, Entrants acknowledge and agree that the Promoter will own all right title and interest in the Material; this includes the re-posting of Entrant Material on L’Occitane and Black Star Pastry Social Media accounts. Entrants hereby assign to the Promoter all right, title and interest which they may have in the Material.

By entering the competition, Entrants consent to all acts or omissions that would otherwise constitute an infringement of any moral rights that Entrants may have now, or in the future, pursuant to the Copyright Act 1968 in, or in any way relating to the competition. Entrants must not institute, maintain or support any action or proceeding against the Promoter in relation to infringement of moral rights.

Entrants are required to take full responsibility for the content of the Material and for ensuring that their Material complies with these terms and conditions. Entries must be the entrant’s original work and free from any third party claims, including copyright or trademark claims. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.

The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type prohibited under these terms and conditions.

An entry or Material must not contain information that is discriminatory, defamatory, or offensive or which infringes any law or regulation.

The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.

Any queries regarding the competition should be directed to Black Star Pastry Instagram account via Direct Message.

The laws of respective states apply to the competition and these terms and conditions.

Notwithstanding anything else in these terms and conditions, the Promoter may cancel the competition at any time by notice to Entrants (which may be given by an announcement on the Instagram Post), if any circumstance beyond the control of the Promoter make it commercially unfeasible for Promoter to proceed with the competition, and the Promoter is not liable for any loss or damage suffered by the Entrant as a result of the can