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Terms of Service

OVERVIEW

This website is operated by Paradise Brands Pty Ltd trading as Sprinkles Delight (hereafter referred to as Sprinkles Delight), ABN  14 622 744 423. Throughout the site, the terms “we”, “us” and “our” refer to Sprinkles Delight. Sprinkles Delight offers this website, including all information, images and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.

These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Online Store Terms

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General Conditions 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

4. Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

5. Services and Products

Products are available exclusively online through our website. These products may have limited quantities. We have made every effort to display as accurately as possible the images of our products that appear at the store. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

6. Accuracy of Billing, Shipping and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase, shipping and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, shipping address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. Personal Information

Your submission of personal information through Sprinkles Delight is governed by our Privacy Policy.

8. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

9. Indemnification

You agree to indemnify, defend and hold harmless Sprinkles Delight and our directors, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10 . Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

12. Governing Law

These Terms of Service and any separate agreements whereby we provide you Goods shall be governed by and construed in accordance with the laws of Australia.

13. Disputes

Any dispute relating in any way to your visit to Sprinkles Delight or to products you purchase through Sprinkles Delight shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violateSprinkles Delights intellectual property rights, Sprinkles Delight may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sprinkles Delight does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Sprinkles Delight only with involvement of a parent or guardian. Sprinkles Delight and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

14. Reviews, Comments, Communications and other content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.  Sprinkles Delight reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant  Sprinkles Delight and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant  Sprinkles Delight and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify  Sprinkles Delight or its affiliates for all claims resulting from content you supply.  Sprinkles Delight has the right but not the obligation to monitor and edit or remove any activity or content.  Sprinkles Delight takes no responsibility and assumes no liability for any content posted by you or any third party.

15. Copyright Complaints

Sprinkles Delight and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

16. Risk of Loss

All items purchased from  Sprinkles Delight are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

17. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. Mobile Terms

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sprinkles Delight. Your participation in this program is completely voluntary.

By consenting to Sprinkles Delight’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sprinkles Delight through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic messaging system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +61481610777 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sprinkles Delight mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +6148161077 or email support@sprinklesdelight.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

19. Products

Each item is unique and will have slightly different features from the one in the photo.

None of the items are perfect (like we are), so there might occur some imperfections. This is what gives the character of each product.

20. Images

All images on this website are not to be copied or modified in any way. Sprinkles Delight is not a wholesale website and does not permit any images to be used for selling purposes other than for use on  www.sprinklesdelight.com.au

If you see any images being used for selling purposes please don’t hesitate to report it to us.

21. Privacy

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

22. Coupon Code Restrictions

Periodically we run promotions with coupon codes automatically applied at the checkout. If you have access to other coupon codes, these cannot be stacked with the promotional coupon code or any other coupon code (i.e. used in conjunction). You may choose which coupon code works best for you at the time of checkout and apply it.

Additionally, any coupon offered by Sprinkles Delight does NOT apply to items already on sale, custom cookie stamps, custom cookie cutters or ColourMill 6 packs.

All coupons may be used on any other cookie stamps or cookie cutters, individual ColourMill colourings, baking accessories, sprinkles and other items on the store. The only exception to this is if the coupon specifies that it applies to a particular product or group of products.

23. Contact Information

Questions about the Terms of Service should be sent to us at

support@sprinklesdelight.com.au

 

 

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