1. Site and Licensing
1.1 The Site provides the service of home delivery of baked confections, flowers and balloons.
1.2 The Company reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
(i) The Site
(ii) any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site (collectively, “Content”), except, to the extent permitted, with the prior written consent of the Company.
1.4 You agree not to reproduce, display or otherwise provide access to the Site, Services or content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.
1.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Site or any content, except under the specific circumstances expressly permitted by law or Dig In Cakes in writing.
1.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
2. Ordering, Pricing, Payment
2.1 The different stages of ordering, breakdown of pricing, and order details, are made easily available to the user throughout the whole online ordering process. As a result, the opportunity to correct errors before the confirmation of order may be done with great ease. A submission of order from the customer indicates the users acceptance. Prior to order confirmation, there will be no allowance for amendments, refunds, or discounts. The confirmed order is seen only as a confirmed contract when the Site or Company accepts the order. The Site or Company reserves the right to cancel or refuse a made and paid order without due reason.
2.2 Online payments are secure and made through payment gateways Paypal, Stripe or Hitpay. Customers may choose to pay via their debit cards, credit cards, Paypal account, or Paynow. The customer accepts that the order amount will be debited from his or her account immediately.
2.3 The Site aims to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. You agree that the Company and Site shall not be liable for any errors in the pricing and product or promotional information listed on our Site. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site.
2.4 If the actual price of any item ordered by you is higher than that reflected on the Site, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
2.5 Payment for all orders shall be made in Singapore dollars.
2.6 By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
3. Exchange Policy, Refund Policy, Cancellation
3.1 No refunds, exchange, cancellations or amendments is applicable once payment is processed and completed online. During a case of agreed refund, you agree that all refunds are subjected to a 5% merchant fee and may take up to 15 working days to be credited into your personal bank account or credit card, whichever method you used to make initial payment.
4.1 Delivery slots are subject to availability.
4.2 The Company will try in its absolute power to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries. You agree that the Company and Site shall not be liable for any deliveries made outside the delivery time frame.
4.3 Re-delivery due to failed delivery will be charged at S$10.00 per delivery. The customer agrees that all information input on our Site at checkout is accurate and correct.
4.4 Where you specifically instruct the Site and Company to leave your delivery outside the door of the specified delivery address, or not to be received by any representative individual, the customer shall be at your sole risk and you accept all liability and risk of loss, theft and damage.
4.5 If there is any damaged, spoilt, or incorrect item (including delivery of additional product(s) not ordered by you), please contact us within 24 hours. You will allow the Company at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
5. Intellectual Property
5.1 The trademarks, logos, images, content, and concept displayed on this Site are the property of the Company, and all rights to these intellectual property are expressly reserved by the Company. You are not permitted to use the name of the Company, Site, or anything that may be found within the Site, including in any advertising or publicity or as a hyperlink, without the prior written consent of the Company.
5.2 The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
5.3 Any texts, remarks, structures, illustrations and images reproduced on the website are controlled and regulated by copyright as well as by intellectual property throughout the whole world. Any reproduction of the website, whether in whole or in part, is strictly prohibited and will result in legal action.
6. Promotions, Contests, and Discounts
6.1 From time to time, the Site and Company may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms and Conditions.
6.2 Promotions, contests, privileges, voucher discount codes, and programmes are only valid for the time period specified by the Site and the Company. The Site and Company reserves the right to terminate any of such Promotions, Contests, or Discounts prematurely without due reason, notice, or liability.
6.3 Use of any discount must be indicated at the time of checkout, and all information required by the Site must be provided. No retroactive use of such discount codes is permitted. The user or customer will not be entitled to a post purchase partial refund equivalent to the discount value if he or she forgets to key it in during checkout.
6.4 Voucher Codes cannot be refunded, redeemed or exchanged for cash.
6.5 Where you are permitted to return or receive a refund for any product, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rated basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.
6.6 The Site and Company’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
7. Complaints and Disputes
7.1 A customer of the Site and Company agrees that should there be a complaint, a report shall be made via our Whatsapp or email at firstname.lastname@example.org. We will then take 1 to 2 working days to reply. The decision following up to the dispute is solely based on the discernment of the Company. Complaints that are based on opinion will not be entertained.
8. Applicable Law
The Terms and Conditions, and any disputes arising from or under the Terms & Conditions, shall be governed by Singapore law. You agree to submit to the exclusive jurisdiction of the courts of Singapore regarding any such dispute. A person who is not a party to Terms & Conditions shall have no right under the Contract (Rights of Third Parties) Act to enforce any part of Terms & Conditions.