Important Legal Statement

Please read the following terms and conditions of sale carefully before placing your order with us.

All orders placed with Allergybakery either on this website or by direct contact by telephone or facsimile will only be accepted using these terms and conditions as the basis for the contract sale. All prices quoted are in Australian dollars, inclusive of GST where applicable the minium order $25.00.

Acceptance of Terms and Conditions

This web site owned by Pavs Organic & Allergy Products RBN 97830277.
However Saillake Pty Ltd T/as Pav's Allergy & Organic bakery / allergybakery.com.au.
You agree, by accessing, browsing or in any other way using this site, to be bound by these terms and conditions and disclaimers as amended from time to time and also acknowledge that you have read and understood these terms and conditions.

Accuracy of information you tender to us:

You agree to:
· Provide detailed current, accurate and complete, information about yourself as this web site prompts you to do so.
· Maintain and update this information as required to keep it current, accurate and complete.

All information provided by you when you sign up to become a Customer you provide when placing an order. You are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Saillake PTL: for any losses, costs, expenses or damages that Allergybakery.com.au may suffer if any of this information is not correct.

It is your responsibility to ensure that you do not transmit or attempt to transmit any data of any kind to Allergybakery web site.

If you attempt to transmit any such harmful component or attempt to transmit any such material which contains a virus or malicious computer code, or you otherwise are in breach if these terms and conditions. Allergy Bakery retains the right to terminate your rights to purchase goods and services from this web site and to prosecute you to the fullest extent of law.

We reserve the right, and to this consent, for Allergy Bakery to disclose to any law enforcement agency in any jurisdiction of your identity or any other information which you have provided to us on this web site. Upon being requested to do so by such a law enforcement agency.

Legal age for entering into a Contract of Sale

Allergy Bakery web site only makes the offer to sell its goods and services persons who can make legal binding contracts. We under no circumstances offer these services to persons under the age of 18 years old or to other individuals who are legally prohibited from entering a binding contact of sale.

Allergy Bakery cannot guarantee that it will notice or will be able to prevent any illegal or otherwise unfit use of this web site, nor can it guarantee that it will tender notice of any illegal or otherwise inappropriate use of this web site.

Allergy Bakery does not guarantee that any information (files being included) which may be obtained from or by entering this web site is or will be free from any known computer viruses, faults or defects.

It is the sole responsibility of the user of this web site to scan for any such viruses and or defects.
And Allergy Bakery will not be held liable to you or any other person for any loss or damage (be it direct, indirect, consequential or economic) however it may be caused by negligence or otherwise, which may result from any such information. And to that extent that any applicable law that cannot be excluded imposes any liability on Allergy Bakery, that liability shall be deemed to be limited to the cost of re-supplying that information.

You hereby waive, release, discharge and forgive and relinquish any and all claims that you now have or may have against Allergy Bakery, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of your use of this web site. The violation of these terms and conditions by you, or the infringement by you, or other user of this web site using your user Id, of any intellectual property or other right of any person or entity.

Application of law governing these Terms and Conditions.

These terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You and Allerybakery agree to submit to the exclusive jurisdiction of the courts of the state of NSW. If any provision or provisions of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law. Then such provision or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Allergybakery failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Allergybakery in writing.

An order placed by you in the manner we set out in this Web Site is taken as an offer by you to make a purchase of a particular product or service for the price which includes delivery handling and any other related charges, specified in this Web Site at the time you place your order. Allergybakery reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product or in the listed product description listed on this web site, or an error in your order.

Liability for taxes, duties and other liabilities

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services acquired or ordered by you from this Web Site.

Currency of listed Pricing

Quoted prices of goods and services, delivery and any other changes displayed on this web site are current at the time of publication, but may however change at any time and are subject to availability. The availability of products and services may change from time to time .

Title to goods

All Allergy Bakery products are for personal consumption only and are not to be resold without prior written consent. Saillake Pty Ltd currently has exclusive rights for the resale of Pav's products, any person(s) knowingly purchasing online for resale without prior consent will be subject to legal action.

Allergybakery will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on the dispatch of goods from Allergybakery distribution point.

Review of Delivery Conditions

We strongly request that you carefully review the Allergybakery delivery information contained on this web site for information concerning delivery.

The delivery times stated on this web site are indicative only. Allergybakery will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery. Frieght charges are based on area and amount of boxes to areas ,Frieght charges are subject to change at all time's even after purchase of goods.
International Deliveries to country's may occur duties and tax's delivery's to country's out side Australia will not be charged at time of purchase, however if duties or tax's occur you the customer will be billed allergybakery or freight Company.

Allergybakery right to Terminate Use of this Web Site

Your right to make purchase of goods and services from this Web Site may be terminated at any time by Allergybakery without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Allergybakery will survive termination. Should you object to any of these Terms and Conditions (inclusive of any amendments) you must immediately;
· Discontinue use if this web site; and
· If applicable notify Allergybakery and terminate your membership.

Accepted Codes of Security for Banking

Under the accepted codes of conduct operating within the banking industry, your bank cannot hold you liable for any fraudulent charges without signatures, unless your actions have contributed to the unauthorised use of your credit card. In the event of an unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Limitations of Liability

Allergybakery will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this web site or for the costs of procurement of substitute products or services or resulting from any products or services purchased obtained or messages received or transactions entered into through this web site or resulting from authorised access to or alteration of your transmissions or data or of any information contained on this web site, including but not limited to, damages for loss of profits, use, data or other intangible, even of Allergybakery has been advised of the possibility of such damages.

Where an act of parliament implies in these Terms and Conditions any term, condition or warranty, and that act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty shall be deemed to be included in these Terms and Conditions. However, the liability of Allergybakery for any breach of such term, condition or warranty shall be limited, at the option of Allergybakery, to any one or more of the following:

1. If the breach relates to goods;
2. The replacement of the goods or supply of equivalent goods;
3. The repair of such goods;
4. The payment of the cost of replacing the goods or of purchasing equivalent goods, or
5. The payment of the cost of having the goods repaired;
6. If the breach involves the supply of services
7. The payment of the cost of having the services supplied again.
Disclaimer

You expressly acknowledge and agree that Allergybakery does not control other users of this web site or the suppliers of goods and services purchased from this web Site and Allergybakery is therefore not liable for their opinions or their behaviour. Including any information or advice provide by them or nay defamatory statements made by them or any offensive conduct on their part.

The information contained on this web site is provided by Allergybakery in the utmost good faith on an 'as is' basis. The information is believed to be accurate and current at the date the information was placed on this web site.

Information on this web site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws any other country. To the extent that if it does not satisfy the laws of the country in which you reside or from which you are accessing this web site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this web site. If you do, you agree to indemnify Allergybakery for any losses, costs, expenses or damages Allergybakery may suffer as a consequence.

Allergybakery, its related bodies corporate, any of its directors, officers or employees, make any representation or warranty as to the reliability, accuracy or completeness if the information contained on this web site. (including in relation to any products or services) an none of them accept any responsibility arising any way (including negligence) for errors in, or omissions from, the information contained on this web site.

To the fullest extent permitted by applicable law, Allergybakery disclaims all representations and warranties, express or implied, including but not limited to, implied warranties merchantability and fitness for a particular purpose and non- infringement.

Allergybakery makes no warranty that the web site or any products or services advertised on the web will meet your requirements, or that the web will be uninterrupted, timely, secure or be error free.