Terms of service

Bilberry Bakehouse – Terms of Service

OVERVIEW Welcome to Bilberry Bakehouse! The terms "we", "us" and "our" refer to Bilberry Bakehouse. Bilberry Bakehouse operates this website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated fresh-baked shopping experience (the "Services"). Bilberry Bakehouse is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. By visiting, interacting with, or purchasing from our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, or country of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

To complete purchases, you will be required to provide accurate email, billing, payment, and delivery details. You represent and warrant that all information provided is accurate, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all activity under your account.

SECTION 2 - OUR PRODUCTS We make every effort to display the colours, textures, and details of our fresh-baked items as accurately as possible. However, because our products are handmade food items, slight variations in size, colour, and finish may occur between batches. Colours depicted may also vary depending on your viewing screen.

All descriptions of products and product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to modify or discontinue any flavour, product, or box size at any time, and to limit the sales or quantities of our products to any person, geographic region, or jurisdiction on a case-by-case basis.

 

SECTION 3 - ORDERS & CANCELLATIONS When you place an order, you are making an offer to purchase. Bilberry Bakehouse reserves the right to accept or decline your order for any reason. Your order is not confirmed until payment has been processed and an order confirmation email is issued.

 

Because our cookies are perishable food items prepared fresh to order, any requests to cancel or modify an order must be submitted at least 24 hours prior to your scheduled dispatch day (Monday or Wednesday). Once order preparation or dispatch has begun, orders cannot be cancelled or modified. Purchases are subject to refund or replacement solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for personal or household consumption only and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING All prices listed on our store are in Australian Dollars (AUD) unless stated otherwise, and are subject to change without notice. Shipping charges and applicable taxes are calculated and displayed at checkout.

You agree to provide current, complete, and accurate purchase and account information for all orders. You represent and warrant that you are authorized to use your designated payment method (credit card, PayPal, Express Checkout) and that charges incurred will be honored by your financial institution.

SECTION 5 - SHIPPING AND FRESHNESS Orders are baked fresh and dispatched on designated dispatch days (Mondays and Wednesdays). Delivery transit times are estimates provided by third-party shipping carriers (e.g., Express Post) and are not strictly guaranteed.

Bilberry Bakehouse is not liable for carrier delivery delays, weather-related transit interruptions, or parcels left unattended at recipient addresses following delivery. Title and risk of loss for perishable items pass to you upon delivery by the carrier to the specified address.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including brand names, logos, recipe descriptions, images, graphics, photography, and website design, are owned by or licensed to Bilberry Bakehouse and are protected by copyright, trademark, and intellectual property laws.

You are permitted to use this site for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, or republish any material from our site without prior written permission from Bilberry Bakehouse.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools (such as dynamic address lookup, date selectors, or review modules) over which we neither monitor nor have control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties or links to external websites. We are not responsible for examining or evaluating the content or accuracy of third-party websites and are not liable for any harm or damages related to transactions made on third-party platforms.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Bilberry Bakehouse is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products to you. By using our Services, you acknowledge that sales and purchases are made directly with Bilberry Bakehouse, and Shopify is not responsible for any liability, loss, or claims arising from your purchase or use of our products.

SECTION 10 - PRIVACY POLICY All personal information submitted through our store is governed by our Privacy Policy. Information you submit is processed securely via Shopify to facilitate checkout and order fulfillment.

SECTION 11 - CUSTOMER FEEDBACK & REVIEWS If you submit product reviews, suggestions, photos, or feedback ("Feedback"), you grant Bilberry Bakehouse a non-exclusive, royalty-free, perpetual license to use, reproduce, publish, and display such Feedback in any media (including on our website and social media channels) for promotional or operational purposes.

We reserve the right to remove any review or content deemed offensive, unlawful, or inappropriate.

SECTION 12 - ERRORS AND OMISSIONS Occasionally, information on our site may contain typographical errors or inaccuracies relating to product descriptions, pricing, availability, or dispatch times. Bilberry Bakehouse reserves the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose or to solicit others to perform unlawful acts;
  • To violate any international, federal, state, or local laws and regulations;
  • To infringe upon or violate our intellectual property rights;
  • To submit false, misleading, or fraudulent information;
  • To transmit viruses or any type of malicious code;
  • To scrape, index, or harvest site data using automated tools, robots, or AI scraping engines without prior consent.

SECTION 14 - AGENT & AUTOMATED ACCESS Any software, agent, or automated system interacting with our Services must identify itself accurately via user-agent headers (Agent/[agent name]) and must not mimic human behaviour to bypass site security, CAPTCHAs, or rate-limiting measures.

SECTION 15 - TERMINATION These Terms of Service remain effective unless terminated by either you or us. We may terminate or suspend your access to our Services at any time if we determine that you have breached any provision of these Terms.

SECTION 16 - DISCLAIMER OF WARRANTIES & CONSUMER GUARANTEES Nothing in these Terms excludes, restricts, or modifies any consumer rights, guarantees, or statutory remedies available to you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or applicable state legislation.

Except as expressly provided by law, our products and Services are provided 'as is' and 'as available' without any representation or implied warranties of any kind.

SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by Australian law, Bilberry Bakehouse, its owners, employees, contractors, or suppliers shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of any of our products or Services.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Bilberry Bakehouse and our platform provider (Shopify) from any claim, demand, or liability, including reasonable legal fees, arising out of your breach of these Terms of Service or violation of any law or third-party rights.

SECTION 19 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of remaining provisions.

SECTION 20 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

SECTION 21 - CHANGES TO 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 by posting updates to our website.

SECTION 22 - ALLERGENS & HEALTH DISCLAIMERS All Bilberry Bakehouse products are prepared in a facility that handles peanuts, tree nuts, wheat, gluten, milk, eggs, soy, and sesame. Customers acknowledging these terms accept full responsibility for inspecting ingredient lists and evaluating cross-contamination risks prior to purchase. Bilberry Bakehouse accepts no liability for adverse allergic reactions.

SECTION 23 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at:

  • Trading Name: Bilberry Bakehouse
  • Email: info@bilberrybakehouse.com
  • Location: Bannockburn VIC 3331, Australia
  • ABN: 83934569126