Terms of service

Terms of Service – Le Bon Choix Bakery

OVERVIEW

Welcome to Le Bon Choix Bakery! The terms “we”, “us” and “our” refer to Le Bon Choix Bakery. Le Bon Choix Bakery operates this store and website, including all related information, content, features, tools, products and services (the “Services”). Le Bon Choix Bakery 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.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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 or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing and payment details. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products accurately in our online store. However, colours and product appearance may differ slightly depending on your device and settings.

All descriptions of products are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Le Bon Choix Bakery reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once your order has been accepted.

Your purchases are subject to our Refund & Returns Policy. Orders are for personal use only and not for commercial resale.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

All prices are in Australian dollars (AUD) and include GST unless otherwise stated.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that (i) you are authorised to use the payment method provided, and (ii) charges incurred by you will be honoured by your payment provider.

SECTION 5 – COLLECTION OF ORDERS

All orders placed through our website are click-and-collect only. You will select a collection time during checkout, and your order will be prepared for that time.

You are responsible for collecting your order at the agreed time. Because our products are perishable, we cannot guarantee freshness or quality if they are not collected on time. If you fail to collect your order, no refund will be provided except as required by Australian Consumer Law.

SECTION 6 – REFUNDS & RETURNS

Our pastries, cakes and food items are made fresh and are perishable. For this reason, we do not offer refunds or exchanges for change of mind, incorrect choice, or failure to collect an order.

However, nothing in these Terms limits your rights under the Australian Consumer Law. If a product you purchase from us is faulty, not of acceptable quality, unsafe, or does not match its description, you are entitled to a remedy such as a repair, replacement, or refund.

If you believe there is an issue with your order, please contact us promptly at admin@lebonchoixbakery.com.au.

SECTION 7 – INTELLECTUAL PROPERTY

All content on our Services — including text, images, graphics, designs, logos, trademarks and software — is owned by Le Bon Choix Bakery, its affiliates or licensors and is protected by Australian and international intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, republish, download or transmit any material from the Services without our prior written consent.

SECTION 8 – OPTIONAL TOOLS

We may provide access to third-party tools which we do not monitor or control. You acknowledge and agree that such tools are provided “as is” and “as available” without any warranties. Your use of such tools is entirely at your own risk.

SECTION 9 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites, nor for any transactions you may enter into with them. Please review third-party policies carefully before engaging.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Le Bon Choix Bakery is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with Le Bon Choix Bakery. Shopify is not responsible for any transactions between you and Le Bon Choix Bakery.

SECTION 11 – PRIVACY POLICY

All personal information we collect is handled in accordance with our Privacy Policy. Because our Services are hosted by Shopify, Shopify may also collect and process personal information as described in its Privacy Policy.

SECTION 12 – FEEDBACK

By submitting any feedback, suggestions, or reviews, you grant us a licence to use that content for business purposes. You must ensure any content you provide does not infringe the rights of others or contain unlawful material.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Services may contain errors, inaccuracies or omissions (including product descriptions or pricing). We reserve the right to correct these without prior notice, even after an order has been submitted.

SECTION 14 – PROHIBITED USES

You may only use our Services for lawful purposes. You must not misuse the Services in ways that could harm Le Bon Choix Bakery, Shopify, or others, including transmitting malicious code, harassing others, or engaging in fraudulent activity.

SECTION 15 – WARRANTIES UNDER AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which cannot be excluded by law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods, you are entitled to a replacement or refund, and compensation for any other reasonably foreseeable loss or damage. If the failure is not major, you are entitled to have the goods repaired or replaced.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Le Bon Choix Bakery and its affiliates will not be liable for any indirect, incidental or consequential damages arising out of your use of the Services. This limitation does not apply to the extent that liability cannot be excluded under Australian law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Le Bon Choix Bakery, Shopify, and their affiliates from claims, damages, or expenses arising from your breach of these Terms or your unlawful use of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms, together with our policies, constitute the entire agreement between you and Le Bon Choix Bakery regarding use of the Services. Failure to enforce any right under these Terms does not constitute a waiver.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights and obligations without notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland.

SECTION 22 – HEADINGS

Headings are included for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We may update these Terms of Service from time to time by posting the revised version on our website. It is your responsibility to review them periodically. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@lebonchoixbakery.com.au.

Trading name: Le Bon Choix Bakery Pty Ltd
Business address: Unit 3/209 Leitchs Rd, Brendale QLD 4500
Phone number: (07) 3520 0981
ABN: ‭91 112 778 579‬