TERMS AND CONDITIONS FOR DONUT PANIC SUBSCRIPTION
Welcome to our Donut Panic Subscription!
In these terms, we also refer to Nizah Pty Ltd ATF Nizah Trust trading as ‘Donut Panic’ ABN 78 148 790 549 as “our”, “we”, or “us”. And you are you! What are these terms about? These terms apply when you purchase our subscription through our website, being www.donutpanic.com.au and any other websites we operate with the same domain name and a different extension (Website). Key Words used in these terms To make it easier for you to understand the terms on which we provide, and you use, the Subscription, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English. When we say “Subscription” in these terms, we mean our exclusive Donut Panic Subscription itself and any of the services provided during the Subscription, including access to our discounts, partner offers, early access to products, promotion entries and other specials as stated on our Website (Subscriber Benefits). We’ve also used a few other capitalized words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned. Acceptance of these terms Before you purchase our Subscription, or otherwise engage with the Subscription, please carefully read these terms. If you don’t agree to these terms, please don’t purchase the Subscription. By clicking “accept” when you create an account, or otherwise proceed to engage with the Subscription, you agree to be bound by these terms.
1 PURCHASING THE SUBSCRIPTION
(a) To purchase the Subscription, you will need to create an account (Account) and pay the Fees (as defined in clause 4(a)(i)). (b) By creating an Account and paying the Fees or otherwise accessing the Subscription (Subscription Purchase) you represent and warrant that: (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and (ii) you are authorized to use the debit or credit card you provide for your Subscription Purchase. (c) Purchasing the Subscription constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Subscription you have ordered in exchange for your payment of the total Fees listed upon checkout. (d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Subscription Purchase has been accepted.
2 YOUR SUBSCRIPTION
(a) The Subscription is designed to provide our customers with the Subscriber Benefits. (b) We will endeavor to ensure that the Subscriptions provided will be substantially the same as the Subscription as described on our Website. (c) The Subscriber Benefits are subject to change at our discretion. (d) Once we have received payment of the Fees you will be granted access to the Subscription. (e) You are responsible for managing your Account and ensuring that you only access and engage with the Subscription in an appropriate manner.
3 YOUR ACCOUNT
(a) Your Donut Panic Subscription will be valid for the duration you select and pay for at checkout (Subscription Term). (b) You must not give access to your Subscription to any other person. (c) We will only revoke your Subscription and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the Subscription, for example by giving access to your Subscription to other people, or if you do not comply with these terms. In the event your Subscription is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
4 PAYMENT
(a) All Fees are: (i) as displayed and accepted by you at the time of checkout (Fees); (ii) in Australian Dollars; and (iii) subject to change without notice prior to your Subscription Purchase. (b) (Payment obligations) You must pay the Fees in full at the time of your Subscription Purchase. (c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you. (d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees is made using a credit, debit, or charge card (including Visa, MasterCard, or American Express). (e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Subscriptions. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions, and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
Changes to Orders Donut Panic will accommodate changes to addresses, delivery dates, messages, and products, provided that Donut Panic is notified at least 24 hours in advance of the scheduled delivery date via email (nick@donutpanic.com.au).
Should 24 hours’ notice not be provided, Donut Panic reserves the right to refuse any changes to the order.
Once an order is en route for delivery, no modifications to the order details can be made.
If incorrect shipping information is provided or changes are requested on the day of delivery, the order will not be delivered on the same day. It will be dispatched on the next available delivery date. Should a customer decline redelivery, no refund will be issued for the order.
Orders & Payments
Cancellations and Refunds Orders may be cancelled with a full refund provided if Donut Panic is notified at least 48 hours before the scheduled delivery date via email (nick@donutpanic.com.au).
For cancellations made within the 48-hour window, we are pleased to offer a full credit note valid for 12 months, minus any applicable fees.
Orders cannot be cancelled less than 24 hours before delivery or during delivery.
Refunds will be processed within 1-10 business days to the original payment method.
Delivery Donut Panic delivers exclusively within Melbourne and selected surrounding suburbs. Certain areas may be excluded based on distance from our bakery.
We offer same-day delivery for orders placed before 10:30 am, Monday through Friday. Orders placed before 2 pm on Friday are eligible for next-day delivery on Saturday, subject to availability.
A flat-rate delivery fee of $10 applies to all orders, charged at checkout in addition to the cost of your products.
Deliveries typically occur from Monday to Friday between 12:30 pm and 5:30 pm, and on Saturdays between 8:00 am and 2:00 pm. We cannot guarantee specific delivery times as our drivers follow a predetermined route.
While we strive to adhere to our delivery schedule, delays may occur due to factors beyond our control. We cannot be held responsible for such delays but will make every effort to ensure your order arrives as scheduled.
No refunds will be issued for deliveries made outside these times.
If the recipient is not available to accept delivery and it is safe to do so, the order may be left at the door at the driver’s discretion. Donut Panic will not be responsible for any products that melt or become infested after delivery.
Should the delivery location be inaccessible or if there is no safe place to leave the order, we will attempt to contact the customer using the provided phone number. If the customer cannot be reached or the contact information is incorrect, the order will be returned to Donut Panic, and a re-delivery fee of $10 will apply.
Donut Panic is not responsible for incorrect or insufficient delivery details provided by the customer. It is the customer’s responsibility to ensure accurate delivery information is provided at the time of order.
By placing an order with Donut Panic, you acknowledge and agree to these terms and conditions
GOVERNING LAW AND JURISDICTION
These terms is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms
ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms
INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
2024. All rights reserved. Donut Panic
