Terms of Service

1.    DEFINITIONS

1.1    These Terms of Sales are referred to as the  Terms. 
1.2    In the Terms, the following words have the meanings given to them:

(a)    Delivery Fee means the $14.95 fee charged to deliver your Order.  The Delivery Fee is subject to change without notice.
(b)    Delivery Date means the date you insert in the delivery instructions field, on the Website during the checkout process of the Order.
(c)    Order means your purchase of our Product/s via our Website.
(d)    Product/s means the product/s offered for purchase on the Website from time-to-time.
(e)    Website means the website owned and operated by RFGA Management Pty Ltd at  www.dkoccasions.com.au. 

2.    YOUR ACCEPTANCE OF TERMS

2.1    By using (including, but not limited, browsing, submitting enquiries and or placing an Order), you agree and accept the Terms.
2.2    We may amend the Terms from time to time, with immediate effect. 
2.3    By agreeing to these Terms, you represent that you are at least 18 years of age.
2.4    You acknowledge and agree that although we will use all reasonable endeavours to ensure that the Website is available, temporary interruptions (including for maintenance or restricted access to parts) may occur.   We will not be liable for any reason where our Website is unavailable.

3.    PRODUCTS

3.1    All Products are subject to availability and may be discontinued. 
3.2    Products and descriptions displayed on the Website are published using the information  available to us, which was accurate at the time it was published. Where an error or omission occurs, we will update our Website as soon as practicable. 
3.3    Product descriptions and pricing are subject to change at any time, without notice, at our sole discretion. 
3.4    As the Products are decorated by hand, there may be variance in the size of our Products. This includes the size of the donuts and the donut holes. 
3.5    We may use props on our Website for advertising and display purposes.  Props do not form part of a Product.  You should refer to the description of each Product of your Order. 

Care of perishable products
3.6    Products should be stored at ambient temperatures and not exposed to  humid conditions. If Products are exposed to hot or humid conditions, the toppings may deteriorate and may change in appearance. 
3.7    Our Products should be consumed on the Delivery Date. If the Product/s are left overnight or for longer, there will be a noticeable difference in quality. 

Allergies
3.8    Your Order may contain Products which contain allergens. Please refer to our Website here for allergen information    on each Product. It is your responsibility to review this information prior to placing the Order.  We are not responsible for any reactions to allergens or ingredients which have been declared in our Products.

4.    PRICING AND TRANSACTIONS

Pricing
4.1    Prices for our Products are subject to change without notice.
4.2    All prices quoted, unless otherwise stated, are inclusive of GST and in Australian Dollars.
4.3    Product prices on the Website do not include the Delivery Fee, which is an additional charge.

Transactions
4.4    We accept payment by Paypal, Visa, Mastercard, American Express.
4.5    When providing your credit or debit card details, you agree that you are authorised to use that card and that has sufficient available funds to cover the Order price.
4.6    Except in the case of our negligence, we will not be liable to refund you for any Order which has been paid for by a third party, using credit card information which has been improperly or fraudulently obtained.  

5.    DELIVERY

Details
5.1    You must provide us with correct and accurate information we require to process your Order.
5.2    The content of any personalised message you provide us for the recipient of the Order is your responsibility (including content, spelling and grammar) however, we have the sole and unfettered discretion to vary or delete a personalised message.
5.3    If you have any delivery instructions that will assist to deliver your Order to the intended recipient, please add them in the delivery instructions field at the checkout on the Website.
5.4    It is your sole responsibility to ensure that the address noted as the address for the delivery at the time the Order is placed (Delivery Address) is correct and accurate. 
5.5    We provide tracking information to you when the Order is out for delivery, and when it has been delivered. 

Risk and liability
5.6    Risk to the Order transfers to you upon delivery of your Order to the Delivery Address.
5.7    By placing an Order, you authorise us to leave your order at the Delivery Address. 
5.8    Where your Order is delivered, by it being left  in a safe location at the Delivery Address,, you are responsible for securing your Order and should do so as soon as possible to avoid the Products being impacted by third parties,  pests or other environmental conditions. We are unable to replace Orders that have been stolen or affected by weather or pests.
5.9    You unconditionally release us, and we accept no liability arising out of, any failed delivery or other issue because the Delivery Address you provide us:

(a) was not correct or complete; or 
(b) results in a delivery to a reception, front office or similar type of delivery point.

5.10     We are under no obligation to confirm your Delivery Address or take action to correct an incorrect or incomplete Delivery Address.
5.11    Where an incorrect or incomplete Delivery Address is provided, it may result in an undelivered or misdelivered Order. We have unfettered discretion to attempt to deliver the Order to a new or updated Delivery Address, however such will result in a further Delivery Fee being charged.

Delivery Area and limitations 
5.12    We deliver to the Delivery Address, subject to it being within the boundaries of our current delivery area (Delivery Area).  
5.13    The Delivery Area may be updated from time to time and can be confirmed by entering your Delivery Address during the checkout of your Order.. 
5.14    To assist with effective delivery, you should nominate a Delivery Address where a person will be in attendance on the Delivery Date during the delivery hours, to receive your Order. 
5.15    If the Delivery Address is a hospital, the ward, room and bed number must be provided to us at the time the Order is placed. 
5.16    We are not able to deliver to PO. Box addresses.

Delivery Dates and Times
5.17    Orders placed by at least 4:00pm AEST on the business date prior to the Delivery Date, will be delivered on the next business day, for the Delivery Fee.  This may vary depending on the volume of orders placed at the time of your Order. 
5.18    We endeavour to deliver Orders between 9:00am and 1:00pm on the Delivery Date.  However, delivery times are determined by various factors, some of which are outside our control. For this reason, delivery of the Order can occur at any time on the Delivery Date.  
5.19    We cannot always guarantee the Delivery Date and time you choose at the checkout of your Order. We will advise you if it is not possible to meet your chosen Delivery Date and time.
5.20    Deliveries on public holidays are not available, except when stated otherwise.
5.21    Third-party delivery agents are engaged by us to deliver your Order.

Communications
5.22    As part of the Order, you must provide us with a current and valid phone number (preferably a mobile phone number) and a current and valid email address (Contact Information). We (and our third-party delivery agent) will communicate with you via the Contact Information. 
5.23    If you do not provide us with Contact Information, or the Contact Information you provide is not accurate, and we need to contact you, but cannot (‘Failed Communication’), you unconditionally release us and we accept no liability whatsoever that might arise out of any undelivered Order or Failed Communication.
5.24    We will contact you by email or by phone (at our election) about your Order or provide general communications by posting notices on the Website. 

6.    ORDER CHANGES

6.1    An Order is final at the time we process your payment and issue a confirmation of your Order. You are responsible for and must ensure that your Order is correct before payment. 
6.2    We may, in our sole discretion and without having to provide you with a reason, refuse to alter or amend any Order at any time. 
6.3    In limited circumstances, we may, at our sole discretion agree to vary an Order, where a request has been made by you in writing. However, we will be unable to agree to any change, if the request is received after 4:00pm AEDT the business day prior to the Delivery Date. 
6.4    We are unable to provide any alterations or amendments (including cancellations) for Orders that have already been prepared and/or are in transit.
6.5    We reserve the right, to substitute Products in your Order, where a Product is out of stock, or for other circumstances outside our control.
6.6     Where there is a material change your Order, we will communicate with you before doing so. This may change the Delivery Date of the Order. 
6.7    Any substitutions and alterations to the Products of an Order will be of similar quality and value.
6.8    For special events, including but not limited to, Valentine’s Day, Mother’s Day, Father’s Day and Christmas deliveries, all Orders are final and we reserve the right to not accept any alterations, amendments or cancellations of your Order.
 
7.    CANCELLATION & REFUNDS

7.1    You must inspect the Order immediately upon receipt at the Delivery Address.
If the Product/ss are damaged or faulty upon delivery, or if there is a shortfall or error in your Order, in addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, you may submit a claim to us.
7.2    To submit a claim, you must contact our Customer Care Support within 24 hours of receiving your Order, via email to hello@dkoccasions.com.au , and provide the following details: 

(a)    your full name, address, telephone number (during business hours) and email address;  
(b)    your Order number;  
(c)    a detailed explanation of the fault, error or reason for the return; and  
(d)    clear photographic evidence of the fault, error or reason for the return. 
(“Claim”) 

7.3    Delivery occurring without due care
Where we assess (in our sole discretion, acting reasonable) that the cause of the Claim was either due to:

(a) Products being damaged during transit to your Delivery Address, or 
(b) Products being of unacceptable quality at the time of delivery

we will, at our option: 
(a)    replace your Product/s (on a date we specify) at our cost with identical Product/s or a Product/s of equivalent value; or  
(b)    refund your Order (in full or part).
7.4    Where we determine that there was a genuine error or shortfall with your Order, we will endeavour to correct the error or shortfall.  
7.5    Your Claim will not be accepted by us if:  
(a)    the fault or damage to the Product/s was caused by you or a third party       (unless the third party is a third-party delivery agent engaged by us to deliver your Order); or 
(b)the Product/s has been modified or tampered with in any way by you or a third party. 
7.6    Subject always to your rights under applicable laws, including the Australian Consumer Law, we reserve the right to refuse your Claim for a refund for reasons including where damage to the Product/s was not caused by us, was caused by improper or inadequate care, where you fail to provide sufficient proof of fault, error or reason for the return or due to unreasonable delay.  
7.7    We do not provide refunds for a change of mind.  
7.8    We reserve the right, to limit the sales of our Products to any person, geographic region or jurisdiction.

8.    PROMOTIONS AND DISCOUNTS

8.1    We may conduct promotions and discounts on the Website from time to time. 

Promotions
8.2    The terms & conditions for each promotion will be published on the Website from time to time. 

Discounts:
8.3    We may provide discounts to the price of our Product/s from time to time.  Discounts, when available:

(a)     apply to the Product price, and unless otherwise specified, do not apply to the Delivery Fee;
(b)    may not be combined with any other offers, discounts or gift vouchers;
(c)    must be applied at the checkout prior to payment;
(d)    may not be redeemed for cash or transferred; and
(e)    will not be applied to an Order after an Order has been paid.

8.4    These terms and conditions apply in conjunction with any terms and conditions, written on or associated with the discount given to you.
 
9.      CUSTOMER DATA AND COMPLAINTS

9.1    Your submission of personal information and data on the Website is governed by our Privacy Policy, the terms of which are located here. (https://www.donutking.com.au/privacy-policy/ )

10.    PROHIBITED USES

10.1    In addition to other prohibitions in these Terms, you are prohibited from using the Website or its content: 

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, or state regulations, rules, laws, or local laws;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
(f) to collect or track the personal information of others;
(g) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(h) for any obscene or immoral purpose; or
(i) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. 

10.2    We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
   
11.    FORCE MAJEURE 

11.1    We do not accept any liability for anything that, if not for this provision, would or might constitute a breach of these Terms in relation to our Product/s or delivery of our Product/s, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god; 
(b) natural disasters; 
(c) sabotage; 
(d) accident; 
(e) riot; 
(f) shortage of supplies, equipment, and materials; 
(g) strikes and lockouts; 
(h) pandemic or epidemic;
(i) civil unrest; 
(j) computer hacking; or 
(k) malicious damage.