Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by The Aviary Cake Store ("The Aviary Cake Store ", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.theaviary.nz. They are effective from 1 September 2024 and will replace all earlier The Aviary Cake Store terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.



Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.



Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges. There are no delivery options available at present and all orders should be collected from inside the Grand Millennium Hotel, at the Aviary Bar located at 71 Mayoral Drive, Auckland, New Zealand between the hours of 08:00 and 19:00 by stating your name and presenting the order confirmation. You may be asked for the confirmation email and proof of ID.



Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.



Payment options

We accept the following credit cards when placing the order.
Visa, MasterCard and American Express.



Credit Card Security

All payments are processed via Stripe and are subject to Stripes terms and conditions which can be found here https://stripe.com/nz/legal/ssa.



Order notifications and tracking of orders

There is a minimum lead time of 48 hours for non-custom products such as macarons, cupcakes, and naked cakes, and 7 working days for custom products.

We don't have an order tracking system, so your order confirmation will serve as sufficient notice that we've received your order.



Returns
We have taken guidance from the Consumer Guarantees Act for the following policy.

Our goal is to provide the very best in customer service whilst still acting within the parameters of the Act. All replacements, credits, refunds and compensation are at the owner's discretion.



CANCELLATIONS:

For cancellations less than 72 hours in advance,

Please be aware that preparation of your order begins in advance of the date of collection or delivery.



For cancellation of tiered/custom cakes within 72 hours of the agreed collection time, no refund or credit will be issued.



For cancellation of all other cakes within 48 hours of the agreed collection time, no refund or credit will be issued.



For cancellations more than 72 hours in advance

Please be aware that for any cancelled orders providing 48 hours' notice (72 hours' notice for tiered/custom cakes) you will be emailed an online Aviary credit voucher, at our discretion, for the full, equal value of the original order. We do not give cash refunds. This is due to:

• The administration that has already occurred in processing your order.
• Your order possibly being already made and ingredients, labour and preparation that have already been incurred.
• Your product being 'made to order' and us usually being unable to sell these products elsewhere.
• Our production calendar filling up quickly and being on a first-come, first-served basis. If you cancel, your order has taken up slot that could have been filled by another customer.

Should you need to cancel your order for any reason, please do so as soon as possible by EMAIL at aviarycakes@millenniumhotels.co.nz quoting your order number.



Liability Limitation

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.



Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.



Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.



General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.theaviary.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.