TERMS & CONDITIONS
Last updated: March 2026
By placing an order with Cake & Layer, you (“the Client”) agree to the following terms and conditions. Please read them carefully before ordering. If you have any questions, contact us at gemma@cakeandlayer.com.au before placing your order.
Cake & Layer is operated by Gemma Pratt, ABN [87 267 522 782], based in Botany, NSW, Australia.
1. Quotes and Orders
1.1 All quotes provided by Cake & Layer are valid for 14 days from the date of issue unless otherwise stated. Pricing is in Australian dollars (AUD) and inclusive of GST where applicable.
1.2 A quote is not a confirmed order. An order is only confirmed once Cake & Layer has accepted your order in writing (via email or message) and the required deposit has been received.
1.3 Cake & Layer reserves the right to decline any order at its discretion, including due to capacity constraints or the nature of the request.
1.4 It is the Client’s responsibility to ensure all order details are correct at the time of confirmation, including event date, flavour selections, design details, serving size, and delivery or pickup requirements.
1.5 Any changes to a confirmed order must be requested in writing at least 14 days before the event date. Changes requested within 14 days of the event date may not be possible and, if accommodated, may incur additional charges. Changes to flavour within 7 days of the event date cannot be guaranteed.
2. Payment
Cake & Layer accepts two types of orders: online orders placed through our website, and custom orders placed by contacting Gemma directly. Different payment terms apply to each.
Online Orders (placed via the website)
2.1 All cakes, cupcakes and cookies ordered through the Cake & Layer website require full payment (100%) at the time of ordering. Your order is not confirmed until payment has been received in full.
2.2 Online orders are non-refundable once payment has been processed, except as outlined in section 3 (Cancellation and Refunds) below.
Custom Orders (placed by contacting Gemma directly)
2.3 Custom orders for bespoke cakes, cupcakes or cookies that are placed by contacting Gemma via email, phone or the enquiry form require a non-refundable deposit of 50% of the quoted price to confirm the order and secure your date. No work will commence until the deposit has been received.
2.4 The remaining balance for custom orders is due no later than 48 hours before the scheduled delivery or pickup date.
2.5 If the remaining balance for a custom order is not received by the due date, Cake & Layer reserves the right to cancel the order. In this event, the deposit will not be refunded.
General
2.6 All prices are in Australian dollars (AUD). Payment can be made via bank transfer or other methods as advised at the time of invoicing.
2.7 Cake & Layer reserves the right to update pricing at any time. The price confirmed in your quote or at checkout is the price that applies to your order.
3. Cancellation and Refunds
3.1 All cancellation requests must be made in writing (email or message).
Online Orders
3.2 Online orders are made-to-order products. Once an online order has been placed and payment received, cancellations are not available as preparation may begin immediately.
3.3 If you need to change the details of an online order (e.g., pickup date), please contact Gemma as soon as possible. Changes are subject to availability and cannot be guaranteed.
Custom Orders
3.4 Cancellation by the Client:
(a) More than 7 days before the delivery/pickup date: A full refund of the 50% deposit will be issued, minus the cost of any bespoke items already purchased (e.g., personalised toppers, custom cutters, specialty ingredients) and a reasonable amount for planning time already invested.
(b) Between 7 days and 48 hours before the delivery/pickup date: The 50% deposit will not be refunded.
(c) Less than 48 hours before the delivery/pickup date: The full balance is due and no refund will be issued, as baking and decorating will have commenced or been completed. The cake, cupcakes or cookies will be provided as ordered.
General
3.5 Cancellation by Cake & Layer: In the unlikely event that Cake & Layer needs to cancel an order (whether online or custom) due to illness, emergency, or circumstances beyond our control, we will endeavour to find an alternative solution. If no suitable alternative can be arranged, a full refund of all payments received to date will be issued.
3.6 Date changes (custom orders): If you need to change your event date, please contact us as soon as possible. Date changes are subject to availability. If the new date is available, your order and payments will be transferred at no additional charge. If the new date is not available, the cancellation policy above applies.
4. Design and Product Accuracy
4.1 All cakes, cupcakes and cookies are handmade and decorated by hand. While Cake & Layer will make every effort to match the agreed design as closely as possible, slight variations in colour, shape, texture and finish may occur due to the handmade nature of the products. These variations are not considered defects.
4.2 Where a design is based on an inspiration image (whether from Cake & Layer’s portfolio, social media, or another source), the finished product will be Cake & Layer’s interpretation of that design and will not be an exact replica.
4.3 Colours may vary slightly from what is shown on screen due to differences in monitor settings, lighting conditions, and the nature of working with buttercream and fondant.
4.4 If any non-edible elements are used in the construction or decoration of a cake (e.g., dowels, supports, wires, ribbon, or decorative toppers), these will be clearly communicated at the time of delivery along with care instructions for their removal before serving.
5. Allergens and Dietary Requirements
5.1 Cake & Layer operates from a home kitchen that regularly uses the following allergens: wheat (gluten), eggs, dairy (milk, butter), nuts, and soy. While every effort is made to clean and sanitise all equipment and surfaces between orders, Cake & Layer cannot guarantee that any product is completely free from traces of these or other allergens.
5.2 Some cakes and cupcakes can be baked gluten-free or nut-free upon request, as indicated on our menu. However, due to the shared kitchen environment, Cake & Layer cannot legally claim or 100% guarantee that these products are free from all traces of allergens.
5.3 If you or your guests have severe or life-threatening allergies, Cake & Layer may not be the appropriate provider for your needs, and we encourage you to seek a dedicated allergen-free bakery.
5.4 It is the Client’s responsibility to inform their guests of the allergen information provided and to communicate any allergy requirements to Cake & Layer at the time of ordering.
5.5 Cake & Layer will not be held liable for any allergic reaction resulting from the consumption of any of our products.
6. Delivery and Collection
6.1 Cakes, cupcakes and cookies can be collected from Botany, NSW, or delivered within the Sydney area. Delivery fees apply as follows:
Within Botany: Free
Within 5km of Botany: $15
5km–15km from Botany: $30
15km+ from Botany: Upon request
Any road tolls or parking fees required for delivery will be charged as an additional cost.
6.2 Delivery times are estimates and may be subject to change due to traffic, weather, or other circumstances beyond Cake & Layer’s control.
6.3 Someone must be available at the delivery address to receive the order at the agreed time. If no one is available and Cake & Layer is unable to make contact, the order may be returned and a redelivery fee may apply.
6.4 For collection orders, the Client or their nominated representative must collect the order at the agreed date and time. Orders not collected within 2 hours of the agreed time without prior notice may be forfeited, and no refund will be provided.
6.5 The Client (or the recipient) assumes full responsibility for the cake, cupcakes or cookies once delivered or collected. Cake & Layer is not responsible for any damage that occurs after the product leaves our possession, including damage caused during transport, storage, display, or handling by the Client or any third party.
6.6 If a third party is collecting on the Client’s behalf, the Client is responsible for communicating all care and handling instructions to that person.
7. Cake Care and Storage
7.1 Care instructions specific to your order will be provided at the time of delivery or collection. General care guidelines are available on our FAQ page.
7.2 Buttercream cakes should generally be stored in the refrigerator and removed approximately 1 hour before serving to bring to room temperature.
7.3 Cakes should be kept away from direct sunlight, heat sources, and moisture.
7.4 Cake & Layer is not responsible for any deterioration in quality or appearance caused by improper storage, handling, or display conditions.
8. Intellectual Property and Photography
8.1 All cake, cupcake and cookie designs created by Cake & Layer are the intellectual property of Cake & Layer.
8.2 Cake & Layer reserves the right to photograph all products prior to delivery and to use these photographs on our website, social media accounts (including Instagram and Facebook), blog, printed materials, and any other marketing channels.
8.3 No personal information (such as the Client’s full name, address, or event details) will be shared publicly without the Client’s consent. Only photographs of the products and, where permission is given, the Client’s first name and occasion type may be used.
8.4 If you do not wish for images of your order to be used for marketing purposes, you must advise Cake & Layer in writing at the time of placing your order.
9. Limitation of Liability
9.1 Cake & Layer’s liability in connection with any order is limited to the total amount paid by the Client for that order.
9.2 Cake & Layer is not liable for any indirect, incidental, or consequential loss or damage arising from or in connection with an order, including but not limited to loss of enjoyment, disappointment, or any claim made by a third party.
9.3 Cake & Layer will not be liable for any failure or delay in fulfilling an order caused by circumstances beyond our reasonable control, including but not limited to illness, accident, severe weather, supply shortages, power outages, or government-imposed restrictions.
9.4 Nothing in these terms excludes or limits any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law.
10. Complaints and Disputes
10.1 If you are not satisfied with your order, please contact Cake & Layer within 24 hours of delivery or collection with a description of the issue and supporting photographs.
10.2 Cake & Layer will review any complaint in good faith and work with you to find a reasonable resolution. This may include a partial refund, credit towards a future order, or other remedy as appropriate.
10.3 Complaints regarding flavour or taste preference, where the product has been made as ordered and with the agreed ingredients, are not grounds for a refund.
10.4 Refund requests relating to minor decorating variations, colour shade differences, or general design interpretation (where the product reasonably matches the agreed design) will not be honoured.
11. Food Safety and Standards
11.1 Cake & Layer operates from a council-approved kitchen in Botany, NSW. Gemma Pratt holds a current Food Safety Supervisor Certificate. The kitchen is fully insured.
11.2 All ingredients are sourced from reputable suppliers and all products are baked fresh to order.
11.3 Cake & Layer is a member of the Australian Cake Decorating Network (ACDN).
12. General
12.1 These terms and conditions are governed by the laws of New South Wales, Australia.
12.2 Cake & Layer reserves the right to update these terms and conditions at any time. The most current version will always be available on our website at cakeandlayer.com.au/terms-and-conditions.
12.3 By placing an order with Cake & Layer, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
12.4 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply in full.