This page sets out the terms to provide Services to you and is subject to the below Terms & Conditions (Terms). When you accept the client agreement you accept the Terms, including the payment dates and the clauses around refund or you can refer to our refund policy.

Term Meanings

We, Us or Our

Luscious Deli and Bakery [ABN 35 504 748 604] as Luscious

Email: hello@lusciouskitchen.com.au

Services

We will provide the following Services (Services) for Celebration Cakes:

• consultation on the kind of cake or other dessert you would like us to create, including specific flavours and types of decoration;

• baking and decorating the cakes and/or desserts as agreed during the consultation (Baked Goods);

• liaising with third parties to source any requested / specific ingredients or decorations needed for the Baked Goods (e.g. fresh flowers to decorate the cake, cake topper, etc);

• liaising with you throughout the cake baking / decorating process and keeping you up to date as necessary; and

• delivery of the cake to the Location on the Delivery Date or liaise with you to arrange pick up on the Delivery Date (please note a delivery fee may apply depending on distance to travel)

Payment Terms

The Price (and all other amounts due under this Document) are payable as follows:

For Celebration Cakes payments:

• Deposit of 50% at the time of the booking to be paid in full upon client agreement;

• Deposits are non-refundable;

• Balance of 50% and all other amounts due under this Document, on or by 7 days prior to the Delivery Date (to allow for enough time to purchase extra supplies required); and

• If payment is not received before the specified date, we reserve the right to cancel your booking

For online ordering payments:

• 100% of the Price is payable at the time of ordering; and

• Order is not guaranteed until payment is received

Changes to orders

• Notice to change flavours or decoration of the Baked Goods must be made before the Cancellation Time specified in the row below; and

• Any changes to your order must be sent by email;

Rescheduling and Cancellation Time

[minimum notice period to cancel or reschedule the Order]

Any cancellations or rescheduling are subject to the following:

• All rescheduled Delivery Dates must be made with at least 14 days’ notice (Cancellation Time);

• Date changes are subject to availability;

• Rescheduled Delivery Dates may result in design changes if suppliers are unavailable; and

• If the Baked Goods are cancelled after the Cancellation Time, any remaining amount of the Price not paid is immediately due and owing to us

Allergies, Intolerances & Dietary Requirements

• Luscious operates from a home-based fully vegan/plant-based kitchen;

• No animal products, including dairy and eggs are present;

• It must be noted that that the kitchen does use gluten, wheat, soy, sesame and nut ingredients, with all precautions taken to reduce the risk of cross-contamination;

• It is the client’s responsibility to inform guests and other parties of the risk from any of the above allergens; and

• Any dietary requirements must be identified at the time of booking

Pick-Up, Delivery & Cake Care

• you assume full responsibility and liability for your cake after departure if you elect to pick-up your cake;

• Luscious accepts no accountability for any damage that may occur during self-transportation or after delivery at your preferred location, this includes temperature from direct sunlight or heaters, adverse weather and staff or guests at your venue;

• it is essential the cake remains level throughout self-transport, transporting the cake on your lap should be avoided with the best option to place the cake in an empty footwell with the air conditioner running; and

• ideally cakes should be refrigerated until one or two hours prior to event and then served at room temperature

Governing Law

Victoria

Terms & Conditions

1       Definitions

In this Document, unless the context otherwise requires, capitalised terms have the meaning given to them in the Proposal, and:

BAKED GOODS means the cakes, pastries, food or other dessert items which we have baked and / or decorated for you as part of the Services, as set out in the Proposal, or as otherwise agreed between the Parties.

COVID-19 SAFE POLICY means any policy that we may have implemented in relation to the COVID-19 pandemic.

DELILVERY DATE means the date that we will be providing the Baked Goods to you.

LIABILITY means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

LOCATION means the address or venue that the Baked Goods will be delivered to.

PARTY means a party to this Document and PARTIES means all of them.

PERSONNEL means a Party’s employees, consultants, suppliers, subcontractors or agents.

2       Commencement

(a)     This Document takes effect on and from the date on which this Document is accepted in accordance with its terms (Effective Date). Any cancellations after the Effective Date must be made in accordance with clause 5 and 8.

(b)     Subject to the terms of this Document, we will proceed with the provision of the Services in accordance with the Proposal (or as otherwise mutually agreed between you and us).

3       Our obligations

(a)     In consideration of you paying us the Price, we will provide the Services in accordance with this Document, whether ourselves or through our Personnel. 

(b)     Subject to clause 3(c), you may request a change to the Services and/or Baked Goods by providing verbal or written notice to us (Variation Request). We will discuss the Variation Request with you and agree (in writing) the change, together with any adjustment to the Price (if required).

(c)     Any Variation Requests which are in relation to the flavours or type of baked good provided must be made prior to the Cancellation Time set out in the Summary notice.

(d)     If there is a problem with the Services and/or Baked Goods which is caused by a breach of this Document by us (Defect), and you have notified us of the Defect within 24 hours after the Delivery Date, then, to the maximum extent permitted by law, our Liability arising from, or in connection with, the Defect will be limited to us remedying the Defect, or, at our discretion, refunding you that portion of the Price paid by you with respect to the Defect. 

(e)     If we express, through this Document or otherwise, any estimate on the Price at which the Services and/or Baked Goods are to be provided, you acknowledge and agree that any such price is an estimate only and creates no obligation on us to provide the Services and/ or Baked Goods at that price. 

(f)      We agree to perform the Services with due care and skill and use our reasonable endeavours to follow your reasonable instructions. However, despite our obligations under this clause, you acknowledge and agree that: 

(1)      the final Baked Goods may not be an exact representation of any sketches or images provided in any discussions we had with you, and that any sketches or images referred to are a guide only; and

             (2)      we will have absolute discretion as to the performance of the Services.

(g)     If a specific ingredient is to be used as part of the cake which must be specially sourced from a third party, we will use all reasonable commercial endeavours to obtain the ingredient.  If we are unable to obtain the ingredient due to its limited availability or unavailability in Australia, we reserve the right to make reasonable substitutions with an ingredient of a similar nature. We will contact you if a substitution is necessary.

(h)     If fresh flowers are to be used as decoration for the Baked Goods, we will use all reasonable commercial and professional endeavours to obtain the flowers as discussed with you. Because of the nature, seasonality and regional availability of flowers we reserve the right to make reasonable substitutions of equal value. We will contact you if a substitution is necessary.

4       Your obligations

(a)     You agree to comply with this Document and all of our reasonable requests or requirements.

(b)     You agree to obtain, and provide to us, all things reasonably necessary to enable us to provide the Services, including, but not limited to:

(1)      contact details for the Location in order to arrange delivery (if the Location is not your home address);  and 

(2)      access to a fridge or appropriate storage space for the Baked Goods if this is required.

(c)     You have the right to share any images, photographs or other visual images you provide to us and for it to be used as a guide in creating your Baked Good. You are responsible in ensuring that any such use does not infringe any intellectual property rights of any person and indemnify us in full in this regard.

(d)     You will take all reasonable steps to cooperate with and provide necessary assistance in ensuring that Delivery of your Baked Good at the Location can be made safely and hygienically. If applicable, you must comply with any COVID-19 Safe Policy that we have to ensure that safety of us and our Personnel as well as you and your Personnel. We are not responsible for and you indemnify us for any sickness or virus (including COVID-19) which results after consuming our Baked Goods.

(e)      You acknowledge and agree that risk in the Baked Goods will pass to you immediately upon your possession of the Baked Goods. Once risk in the Baked Goods passes, you will be solely responsible for the Baked Goods.

(f)     You agree to pay us the Price, all disbursements (including travel costs and third party costs incurred by us in the provision of the Services), and any other amounts payable to us under this Document in accordance with the Payment Terms.

(g)     If any payment has not been made in accordance with the Payment Terms, we may immediately cease providing the Services and/or charge you interest.

5       Rescheduling or Cancelling

(a)     You must contact us in writing (including by email) immediately if you would like to reschedule the Delivery Date or cancel the provision of the Services, noting any such rescheduling or cancellations must be made with at least within the Cancellation Time noted in the Summary to these Terms and is subject to the dates set out in the Proposal accompanying these Terms.  Failure to provide notice within the Cancellation Time will be considered a breach of this Document and we will be entitled to terminate under clause 8(a)(2).

(b)     Subject to clause 5(a), if you contact us to reschedule the Delivery Date, we will use reasonable endeavours to cater to your request (but are under no obligation to do so).

(c)     If you contact us to cancel the provision of the Services under this clause or we are unable to reach a mutually agreed date or time to reschedule the Delivery Date then clauses 8(a)(4) and 8(b)(3) will apply.

(d)     We will notify you as soon as reasonably possible if we are required to cancel the Services or reschedule the Delivery Date.

6       Intellectual property

(a)     As between the Parties, all intellectual property (including copyright) developed, adapted, modified or created by us or our Personnel (including in connection with this Document or the provision of the Services) will at all times vest, or remain vested, in us.

(b)     We grant you a non-perpetual, royalty-free, world-wide and revocable licence to use the intellectual property under clause 6(a) for the sole purpose of fulfilling your obligations under this Document.

(c)     On the Effective Date, you grant us a perpetual, royalty-free, world-wide, unconditional and irrevocable licence to use, develop, adapt and modify (Use) all intellectual property (including copyright) in any materials that you provide to us in connection with this Document, and you will ensure that any such Use does not infringe any intellectual property rights of any person.   

(d)     You acknowledge and agree that we may use images or photographs of the Baked Goods for the purposes of advertising or marketing on our website or through any other media channels.

7       Limitations

Despite anything to the contrary, to the maximum extent permitted by law:

(a)     you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us, whether before or after the Effective Date; 

(b)     you agree that this Document excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Document;

(c)     our maximum aggregate Liability arising from or in connection with this Document will be limited to, and will not exceed, the portion of the Price paid by you to us for the Services and/or Baked Goods the subject of the relevant claim; 

(d)     we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 

(1)      loss of, or damage to, any property or any injury to, or death of any person;

(2)      event or circumstance beyond our reasonable control;  

(3)      acts or omissions of you (or any of your guests or third parties engaged by you in connection with the Event); 

(4)      loss or damage to any items provided by us to you (including to the Hired Goods); and/or 

(5)      any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and 

(e)     you will indemnify us for and against all Liability arising from or in connection with any default or wrongful act or omission by you or any of your guests or third parties engaged by you in connection with the Event. 

8       Termination

(a)     This Document will terminate upon written notice by: 

(1)      either Party, if mutually agreed in writing between the parties; 

(2)      us, if you breach this Document and that breach has not been remedied within 10 working days of being notified by us; 

(3)      you, if we breach a material term of this Document and that breach has not been remedied or overcome within 10 working days of being notified by you; or

(4)      you, in accordance with clause 5.

(b)     On termination of this Document:

(1)      you will, where this Document is terminated under clause 8(a)(2), immediately pay to us the Price and all of our additional costs resulting from the termination; 

(2)      you will, where this Document is terminated under clause 8(a)(1) and 8(a)(3), immediately pay to us the Price for the Baked Goods provided and Services performed up to the date of termination (and all other amounts due and payable to us under this Document); 

(3)      you will, where this Document is terminated under clause 8(a)(4), immediately pay (or allow us to retain) any deposit (if applicable) and all of our additional costs resulting from the termination;

(4)      the Parties will immediately return to the other Party all property, including confidential information, belonging to the other Party or its Personnel; and 

(5)      neither Party will use any intellectual property (including copyright) belonging to the other Party or its Personnel.

(c)     Termination of this Document will not affect any rights or liabilities which a Party has accrued under it. 

9       General

(a)     Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, this Document (Dispute) without first meeting the other Party to seek (in good faith) to resolve the Dispute (unless that Party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause). 

(b)     Confidentiality: You will keep confidential, and not use or permit any unauthorised use of, any of our confidential information without our prior written consent, except where the disclosure is required by law. 

(c)     Notices: Any notice given under this Document must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

(d)     Relationship of Parties: This Document is not intended to create a partnership, joint venture or agency relationship between the Parties. 

(e)     Severance: If a provision of this Document is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Document without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Document. 

(f)      Entire agreement: This Document contains the entire understanding and agreement between the Parties in respect of its subject matter. 

(g)     Amendment: This Document may only be amended by written instrument executed by all Parties. 

(h)     Survival: Clauses 3(d), 6, 7, 8 and 9 survive termination of this Document. 

(i)      Governing law: This Document is governed by the laws of the state or territory specified in the Summary as the Governing Law.

Contact information

Luscious [ABN 35 504 748 604]

Email: hello@lusciouskitchen.com.au

Last update: 10th November, 2025