These terms and conditions (the “Terms and Conditions”) govern the use of www.whippatisserie.com (the “Site”). This Site is owned and operated by W.H.I.P Patisserie. This Site is an e-commerce and service website.
By using this Site, you indicate that you have read and you understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of W.H.I.P Patisserie and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, recipes, and anything that contributes to the composition of the Site.
Acceptable Use
As a user of our Site, the client agrees to use this Site legally, not to use this Site for illegal purposes, and not to:
- Harass or mistreat the business employees, founders, and Site creators
- Violate the rights of other users of our Site
- Violate the intellectual property rights of the Site owners or any third party to the Site
- Hack into the account of another user of the Site
- Act in a way that could be considered fraudulent
- Plagiarism of pastries creations.
If W.H.I.P Patisserie believes that the client is using this Site illegally or in a manner that violated these Terms and Conditions, W.H.I.P Patisserie reserves the right to limit, suspend or terminate the client’s access to this Site, and W.H.I.P Patisserie’s goods. W.H.I.P Patisserie also reserves the right to take any legal steps necessary to prevent the client from accessing this Site.
Collection of information
W.H.I.P Patisserie collects information to enable W.H.I.P Patisserie’s owners and team to provide our service. That information may be used to, among other things, comply with legal requirements, advertise or promote our business generally, and improve services.
W.H.I.P Patisserie may collect and hold personal information relating to the client such as the client’s name, address, telephone number, email address, and any other information provided. W.H.I.P Patisserie will obtain personal information directly from the client. W.H.I.P Patisserie may also obtain information from third parties as required.
The client has no obligation to provide any information requested by W.H.I.P Patisserie, however, if the client chooses to withhold requested information, W.H.I.P Patisserie may not be able to provide the client with offered products or services.
Cookies
W.H.I.P Patisserie may use “cookies” to personalise and simplify the client’s access to and use of this website.
Cookies are small pieces of information sent by a web server and stored by the user’s browser on the user’s computer’s hard drive so they can later be read back from that browser. This allows the browser to remember some specific information and may enhance the user experience of the website.
These websites may collect data about the user, use cookies, embed additional third-party tracking, and monitor the user interaction with that embedded content, including tracking your interaction with the embedded content if the user has an account and are logged in to that website.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on this Site or organised by email agreement.
The following goods are available on this Site:
- Vegan baked goods
The following services are available on this Site:
- Catering services
The following services by W.H.I.P Patisserie are available outside this Site:
- Consulting
- Courses
The goods and services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on this Site at the time of access.
This includes all products listed as being out of stock. All information, descriptions, or images that W.H.I.P Patisserie provides about offered goods and services are as accurate as possible. However, W.H.I.P Patisserie is not legally bound by such information, descriptions, or images as W.H.I.P Patisserie cannot guarantee the full cosmetic accuracy of all goods and services provided. The client agrees to purchase goods and services from this Site at their own risk.
W.H.I.P Patisserie reserves the right to modify, reject or cancel the client’s order whenever it becomes necessary. If W.H.I.P Patisserie cancels an order and has already processed the payment, W.H.I.P Patisserie will give the client a refund equal to the amount paid. The client agrees that it is their responsibility to monitor their payment instrument to verify receipt of any refund.
Third-Party Goods and Services
This Site may offer goods and services from third parties. W.H.I.P Patisserie cannot guarantee the quality or accuracy of goods and services made available by third parties on this Site.
Payments
W.H.I.P Patisserie accepts the following payment methods on this Site:
- Paypal
- Stripe
W.H.I.P Patisserie accepts bank transfer payments for orders placed via email.
When the client provides W.H.I.P Patisserie with payment information, the client authorises W.H.I.P Patisserie to use and access the payment instrument the client has chosen to use. By providing W.H.I.P Patisserie with payment information, the client authorises W.H.I.P Patisserie to charge the amount due to this payment instrument.
If W.H.I.P Patisserie believes that the client’s payment has violated any law of these Terms and Conditions, W.H.I.P Patisserie reserves the right to cancel or reverse the transaction.
Methods of placing orders.
Order must be placed a minimum of 2 business days prior to desired delivery. Any order placed in less than 2 business days won’t be accepted.
Business days are Wednesday to Sunday.
Reception of payment from the client will confirm the order to W.H.I.P Patisserie.
Orders placed by email or social media messenger platforms must be paid by bank transfer to the provided bank details, at least 2 business days prior to the requested delivery date in order to be accepted.
Late or non-payment will result in the order being void.
All catering orders over the value of $450 must be paid in full at least 7 days prior to the delivery day.
All catering orders over the value of $1000 must be paid in full at least 14 days prior to the delivery day.
Shipping and Delivery
When the client purchases goods from this Site, the goods are to be collected by the client or nominated agent, from the suggested location at checkout.
Any order must state the date for which the order is required.
The order pick-up will take place on the selected date within the selected time frame.
The goods purchased on the site excludes delivery unless otherwise mentioned on the product page.
Delivery is possible for orders of the value of and above $450.
The client is required to provide W.H.I.P Patisserie with a complete and accurate delivery address, including the name of the recipient. W.H.I.P Patisserie is not liable for the delivery of the goods to the wrong address or wrong person as a result of the client providing inaccurate or incomplete information.
The client is required to provide W.H.I.P Patisserie with a mobile phone number so W.H.I.P Patisserie’s team can send the client a text with an Estimated Time of Arrival on the way to the agreed delivery address.
Delivery is limited to certain postcodes, in a range of 30 minutes drive from Inglewood, W.A.
For any delivery orders placed, it is required to carefully supply all the instructions necessary for W.H.I.P Patisserie to conduct the delivery in a safe and timely manner.
Should there be a gate, opening hours, (a) pet(s), or anything preventing access for safe and effective delivery, the client is requested to add details in the note section of the online order.
For catering orders placed outside the website, the client is requested to provide the same level of access and contact details as described above, for the delivery to be conducted effectively and safely,
W.H.I.P Patisserie delivers from Thursdays to Sundays.
Specific Delivery Hours:
While W.H.I.P Patisserie will make sure to deliver the order within an agreed time frame, W.H.I.P Patisserie cannot confirm a precise delivery time ahead as traffic and other events may cause delayed or earlier arrival.
While an order may be eligible for delivery, W.H.I.P Patisserie reserves the right to suggest pick up from W.H.I.P Patisserie Inglewood shop instead. Should W.H.I.P Patisserie be unable to accept a delivery, W.H.I.P Patisserie reserves the right to refuse the order or offer alternative options, should the requested time frame be unavailable.
Should the delivery be requested at a private venue, W.H.I.P Patisserie needs to receive the contact details of the venue’s event coordinator or manager to organise the best delivery options.
Refunds
Refunds for goods
Refund requests must be made within 2 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Order not completed
- Wrong products delivered
- A mistake from W.H.I.P Patisserie
- Cancellation made with respect to cancellation Terms and Conditions described below.
Cancellation
For orders under $400: the catering services will be fully refunded if the order is canceled at least 2 business days before the service was scheduled to be provided.
For catering services valued from $400: the service will be fully refunded if the order is canceled at least 7 business days before the service was scheduled to be provided.
For catering service valued from $1000: the service will be fully refunded if the order is canceled at least 14 business days before the service was scheduled to be provided.
Change to an order
Change to an order can be agreed upon by W.H.I.P Patisserie for the following:
- Change or cancellation more than 2 business days before the agreed delivery date for orders under $400.
- Change or cancellation more than 7 business days before the agreed delivery date for orders from $400.
- Change or cancellation more than 14 business days before the agreed delivery date for orders from $1000.
In the reason of unforeseen circumstances, outside the client’s and/or W.H.I.P Patisserie’s control, an order can be canceled or postponed to a later date at W.H.I.P Patisserie’s discretion, based on their own level of damage control.
W.H.I.P Patisserie comprehends that unforeseen circumstances can happen and all arrangements will consider W.H.I.P Patisserie’s own losses in the process. W.H.I.P Patisserie is able to offer other arrangements such as postponing based on the Terms and Conditions.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provision of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of that legislation will apply.
Limitation of Liability
W.H.I.P Patisserie and our partners, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site the client indemnify and hold harmless W.H.I.P Patisserie and their partners, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, and expenses including legal fees arising out of the client’s use of our Site or client’s violations of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia and Australian federal laws.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if the client and W.H.I.P Patisserie are unable to resolve any dispute through informal discussion, then the client and W.H.I.P Patisserie agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both the client and W.H.I.P Patisserie. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, the client and W.H.I.P Patisserie agree that both retain the right to bring an action to small claim court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms
- Allergies
All W.H.I.P Patisserie products are Vegan, therefore don’t contain eggs, dairy, animal products, animal-derived colorings, or gelatines.
Some of the products used by W.H.I.P Patisserie such as chocolates, nuts, and others may contain traces of eggs and dairy due to their own manufacturing process independent of W.H.I.P Patisserie’s control.
W.H.I.P Patisserie products are made in a kitchen using soy, gluten, nuts, and other allergens. All allergens must be clearly stated upon orders so W.H.I.P Patisserie can accept the possibility of the order and execute it in the safest way possible.
Traces of allergens such as soy, gluten, and nuts can be found.
For all allergy questions and concerns, it is requested to contact W.H.I.P Patisserie in writing at info@whippatisserie.com and let the team know of potential allergies.
- Handling and preservations
W.H.I.P Patisserie baked goods are fragile handmade pastries and must be handled and stored properly to optimise the final taste, look, and degustation experience.
W.H.I.P Patisserie can provide the best preservation information for each delivered goods.
W.H.I.P Patisserie cannot be held responsible for wrong handling and preservation once the product has been delivered to the location.
W.H.I.P Patisserie products are always best consumed on the same day of delivery.
Severability
If at any time the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way W.H.I.P Patisserie operates this Site and the way W.H.I.P Patisserie expects users to behave on this Site.
Contact Details
Please contact W.H.I.P Patisserie if you have any questions or concerns. W.H.I.P Patisserie contact details are as follows:
Terms and Conditions effective from Friday 16 June 2023.