Terms and Conditions

The French Kitchen (operated by Artisan Gourmet Retail Pty Ltd)

Effective date: 8 November 2024 Last updated: 28 April 2026

These Terms and Conditions ("Terms") govern your use of the website located at www.thefrenchkitchen.com.au (the "Website"), the products and services we offer through the Website and our Castle Hill store, and any related dealings with us.

The Website is operated by Artisan Gourmet Retail Pty Ltd ABN [INSERT ABN] ("we", "us", "our"), trading as The French Kitchen Castle Hill, located at Unit 1, 19 Victoria Avenue, Castle Hill NSW 2154.

By using the Website, placing an order, creating an account, or otherwise transacting with us, you agree to these Terms. If you do not agree, please do not use the Website or place an order with us.

These Terms should be read together with our Privacy Policy and our Refunds, Returns and Exchanges Policy, which form part of your agreement with us.

1. About these Terms

1.1 Changes to these Terms

We may update these Terms from time to time to reflect changes in our business, technology, or the law. The current version will always be available on the Website, and the "Last updated" date above will show when the most recent change was made. Where the change is significant, we will take additional steps to notify you, such as a notice on the Website. Your continued use of the Website after changes are published means you accept the updated Terms.

1.2 Your acceptance

By accessing the Website, creating an account, placing an order, or making a booking, you confirm that:

you are at least 18 years old, or you are using the Website with the consent and supervision of a parent or guardian;
the information you provide to us is accurate and current; and
you agree to comply with these Terms.

2. The Website

2.1 Use of the Website

The Website is provided for your personal, non-commercial use. You agree not to:

use the Website in any way that breaches any applicable law or regulation;
use the Website to transmit or upload any harmful or unlawful content;
attempt to gain unauthorised access to the Website, our systems, or any account that is not yours;
interfere with or disrupt the Website, our servers, or the networks connected to the Website;
use any automated tool (including bots, scrapers, or crawlers) to access, copy, or extract content from the Website without our written permission;
reverse engineer, decompile, or otherwise attempt to derive source code from the Website; or
use the Website to compete with us or to develop a competing product or service.

2.2 Accounts

You may create a customer account to manage your orders, save preferences, and participate in our loyalty program. You are responsible for:

providing accurate and complete information when creating your account;
keeping your password confidential and secure;
all activity that occurs under your account, whether or not authorised by you; and
notifying us promptly if you suspect any unauthorised use of your account.

We may suspend or close your account if we reasonably believe you have breached these Terms, provided false information, or used your account for fraudulent or unlawful purposes.

2.3 Website availability

We do our best to keep the Website available and working properly. However, we do not guarantee that the Website will be uninterrupted, error-free, or available at all times. We may suspend or restrict access to the Website at any time, including for maintenance, upgrades, or operational reasons.

2.4 Intellectual property

All content on the Website, including text, images, logos, designs, recipes, product photography, and the layout and arrangement of the Website, is owned by us or our licensors and is protected by copyright and other intellectual property laws.

You may view and print Website content for your personal, non-commercial use. You must not copy, reproduce, distribute, modify, publish, or commercially exploit any Website content without our prior written permission. The trade marks "The French Kitchen" and "Artisan Gourmet", together with our logos and branding, may not be used without our prior written consent.

2.5 Third-party content and links

The Website may contain links to third-party websites or services. We are not responsible for the content, products, services, or practices of any third party. Visiting third-party websites is at your own risk and subject to those websites' own terms and policies.

2.6 User-submitted content

If you submit content to us through the Website (for example, photos for a Personalised Cake, reviews, comments, or order notes), you confirm that:

you own the content or have the necessary rights to submit it;
the content does not infringe any third party's rights, including copyright, trade marks, privacy, or moral rights;
the content is not unlawful, offensive, defamatory, misleading, or otherwise objectionable; and
you grant us a non-exclusive, royalty-free, worldwide licence to use the content for the purpose of fulfilling your order and operating our business (including, where appropriate, on our marketing channels with your consent).

We may refuse, remove, or decline to print any submitted content that we reasonably consider unlawful, infringing, offensive, or unsuitable. If we do so, we will contact you to discuss alternatives.

3. Products and orders

3.1 Products

We sell baked goods, confectionery, party supplies, balloons, helium hire, and related products through our Castle Hill store and through the Website.

We try to display product information, images, and descriptions accurately. However, slight variations may occur due to:

the handmade nature of our cakes and food products;
screen colour and display differences;
changes to packaging, ingredients, or suppliers; and
substitution of decorative elements where a particular item is unavailable.

Where a substitution is necessary for a custom order, we will use a reasonably equivalent alternative and contact you if a material change is required.

3.2 Pricing

All prices are in Australian Dollars (AUD) and include GST unless otherwise stated. Shipping, delivery, and other fees are additional and shown at checkout.

We try to ensure all prices on the Website are accurate. If we discover a pricing error after you place an order, we will contact you and offer you the option to:

proceed with the order at the corrected price; or
cancel the order and receive a full refund.

We reserve the right to change prices at any time. Price changes will not affect orders that have already been accepted by us.

3.3 Placing an order

When you place an order through the Website:

your order is an offer to buy the products at the prices and on the terms set out;
you will receive an order confirmation email acknowledging receipt of your order;
the contract between you and us is formed only when we accept your order, which we do by sending an email confirming the order has been processed for fulfilment, dispatch, or pick-up; and
we may decline to accept your order at our discretion, including where a product is unavailable, where there is a pricing or description error, where we suspect fraud, or where we cannot fulfil the order for operational reasons.

If we decline an order, we will refund any amount you have paid in full.

3.4 Payment

We accept the payment methods shown at checkout. Payment is processed by our payment providers (including Shopify Payments, Stripe, and PayPal) and is subject to their terms.

By providing payment details, you confirm that you are authorised to use the payment method and that the funds are available.

3.5 Pick-up and shipping

In-store pick-up: Orders for pick-up will be ready by the time confirmed in your order. Please bring your order confirmation and photo ID for collection.

Local delivery: Local delivery is available to businesses, offices, schools, churches, and large organisations on the terms set out in our FAQs. Local delivery is not generally available to residential addresses or on weekends.

Shipping (non-perishable items): We ship non-perishable items Australia-wide via Australia Post Standard or Express Post. Orders placed before 2 pm are usually shipped the same day. Once an order has been accepted by Australia Post, delivery times are determined by their network and service standards. We are not responsible for delays caused by Australia Post.

Risk and title: Risk in the products passes to you on delivery (or on collection by you or your nominated carrier, whichever is earlier). Title passes to you when we have received payment in full.

Customer-arranged couriers (including Uber): If you arrange your own courier or rideshare driver to collect an order, risk passes to you when the order leaves our store with the driver. We are not responsible for any loss, damage, delay, or non-delivery once the order has been collected by a driver you have arranged.

3.6 Returns, refunds, and exchanges

Our Refunds, Returns and Exchanges Policy sets out how we handle faulty products, change-of-mind returns, and other return scenarios. That policy operates in addition to your rights under the Australian Consumer Law and forms part of these Terms.

4. Custom orders and catering

4.1 Custom orders

Custom orders include personalised cakes, photo cakes, made-to-order food platters, and any other product produced to your specifications.

When placing a custom order:

you are responsible for checking the accuracy of all details (including spelling, dates, photos, names, and quantities) before confirming the order;
you must place your order by the cut-off times set out in our FAQs (for example, 11.45 am Wednesday for weekend personalised cakes and 11.30 am Wednesday for weekend photo cakes);
short-notice requests are subject to availability and our discretion;
we may refuse a custom order request that we reasonably consider unsafe, unlawful, infringing, offensive, or impractical to produce; and
once production has commenced, the order is non-refundable, except where required by the Australian Consumer Law (for example, where the finished product is faulty, unsafe, or significantly different from what was agreed).

4.2 Photo and image orders

If you submit a photo, logo, or other image for a Personalised Cake or photo cake, clause 2.6 (User-submitted content) applies. You confirm that you have the rights to use the image and grant us the rights needed to print it. You indemnify us against any claim by a third party arising from your use of an image you do not have the rights to use.

4.3 Catering and large orders

For catering orders and large orders:

minimum notice periods apply and are confirmed at the time of booking;
a deposit may be required to secure your booking;
changes to guest numbers, menus, or timing are subject to availability and may incur additional charges;
if you cancel before production has commenced, we will refund any amount paid or hold it as a credit toward a future order; and
once production has commenced (including the purchase, preparation, or cooking of ingredients), the order is non-refundable, except where required by the Australian Consumer Law.

4.4 Allergens and dietary information

We are happy to discuss dietary requirements and allergen concerns and to recommend products to suit your needs. However:

our store and production facilities handle a wide range of allergens, including nuts, gluten, dairy, eggs, soy, sesame, and others;
we cannot guarantee that any product is entirely free from any specific allergen, even where we have taken care to avoid that allergen as an ingredient; and
if a guest has a serious allergy, please discuss this with us in detail before ordering, and let us know clearly when ordering so we can recommend appropriate options or, where we cannot meet the requirement safely, advise you to source the product elsewhere.

You are responsible for informing your guests of allergens that may be present in our products.

5. Balloon hire and helium tank rental

5.1 Balloon orders

Balloon orders, including loose balloons, balloon arrangements, and bouquets, must be paid for in advance at the time of booking. Changes to your order may be made up until the day before your function. Once balloons have been inflated, the order cannot be changed or refunded.

5.2 Customer-supplied balloons

We may agree to inflate balloons that you have supplied. If we do:

we cannot guarantee the quality of balloons we have not supplied; and
we are not responsible for the cost of any balloon or helium that is lost because a customer-supplied balloon has a hole, defect, or pops during inflation.

5.3 Helium tank rental

Helium tanks may be hired from us subject to availability and the following terms.

Bond: A refundable bond may be required at the time of hire and will be refunded on return of the tank in its original condition.

Hire period: The hire period will be confirmed at the time of booking. Late returns may incur additional charges.

Use: You agree to:

use the helium tank only for inflating balloons;
follow all safety instructions provided with the tank;
keep the tank upright and in a cool, ventilated place, away from heat sources and direct sunlight;
keep the tank out of reach of children at all times; and
never inhale helium from the tank or from balloons inflated using the tank. Inhaling helium is dangerous and can be fatal.

Damage and loss: You are responsible for any damage to or loss of the tank during the hire period, fair wear and tear excepted. If the tank is damaged or lost, we may retain the bond and charge you the reasonable cost of repair or replacement.

Return: The tank must be returned by the agreed return time, in the condition it was supplied (other than the consumed helium).

5.4 Balloon safety acknowledgement

You acknowledge that:

balloons can pose a choking hazard to young children;
broken balloon pieces should be discarded promptly;
balloons should be kept away from pets and wildlife, and disposed of responsibly;
balloons are sensitive to heat and should be stored in a cool place and kept out of hot cars and direct sun; and
helium must never be inhaled.

6. Loyalty program

If we offer a loyalty program (and you choose to join it), the following applies in addition to these Terms:

membership is free and subject to any specific program terms we publish on the Website;
points or rewards have no cash value and cannot be exchanged for cash;
we may change, suspend, or end the program at any time, with reasonable notice where practicable;
we may adjust your points balance to correct errors, address fraud, or reflect returns or refunds; and
we may close your loyalty account if you breach these Terms or engage in fraudulent activity.

7. Australian Consumer Law and our liability

7.1 Consumer guarantees

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be lawfully excluded.

7.2 Limitation of liability

To the extent permitted by law, and subject to clause 7.1:

(a) our total liability to you for any claim arising out of or in connection with your use of the Website, our products or services, or these Terms, however the claim arises (including in contract, tort, equity, statute, or otherwise), is limited to the amount you paid for the relevant product or service giving rise to the claim;

(b) we are not liable to you for any indirect, special, or consequential loss or damage, including loss of profit, loss of revenue, loss of opportunity, loss of data, loss of goodwill, or business interruption, whether or not the loss was foreseeable; and

(c) we are not liable for any failure or delay in performing our obligations to the extent caused by an event beyond our reasonable control, including natural disasters, fires, floods, severe weather, power or telecommunications failures, public health emergencies, government actions, strikes or industrial disputes, or carrier delays.

7.3 Where we provide services to you in connection with your trade or business

Where you acquire products or services from us in connection with a trade or business (and you are not a "consumer" under the Australian Consumer Law), our liability for breach of any non-excludable consumer guarantee is, to the extent permitted, limited (at our option) to:

in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing or repairing the goods, or the payment of the cost of having the goods repaired; and
in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.

7.4 Your responsibility

You agree to use the Website, our products, and our services responsibly and in accordance with these Terms. You are responsible for any loss or damage arising from your misuse of our products (including misuse of helium tanks or balloons) or your breach of these Terms.

8. Privacy

We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.

9. Promotions, vouchers, and gift cards

From time to time we may offer promotions, discount codes, vouchers, or gift cards. Where we do:

specific terms may apply and will be set out at the time of the promotion;
promotions may be limited in time, quantity, or eligibility, and we reserve the right to vary or end them at our discretion (subject to any rights you have already acquired);
discount codes are not redeemable for cash and cannot be combined unless we expressly permit it;
gift cards and credit notes are not redeemable for cash, and any unused balance after expiry (where lawful) will be forfeited; and
we may decline to honour a promotion, code, voucher, or gift card that we reasonably believe has been obtained or used fraudulently.

Gift cards are subject to applicable law, including the minimum expiry period required under the Australian Consumer Law.

10. Complaints and disputes

If you have a complaint or concern, please contact us first using the details in clause 12. We will do our best to resolve your concern promptly.

If we cannot resolve your complaint informally, you may have rights to lodge a complaint with:

NSW Fair Trading (www.fairtrading.nsw.gov.au) for consumer issues;
the Australian Competition and Consumer Commission (www.accc.gov.au) for matters under the Australian Consumer Law; or
the Office of the Australian Information Commissioner (www.oaic.gov.au) for privacy matters.

11. General

11.1 Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

11.2 Entire agreement

These Terms, together with our Privacy Policy and Refunds, Returns and Exchanges Policy, form the entire agreement between you and us in relation to your use of the Website and your dealings with us, and supersede any prior agreement or understanding.

11.3 Severability

If any part of these Terms is held to be unlawful, invalid, or unenforceable, that part will be severed and the rest of the Terms will continue in force.

11.4 No waiver

A failure by us to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

11.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms (for example, in connection with a sale or restructure of our business), and we will notify you if we do.

11.6 Relationship of the parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

11.7 No third-party beneficiaries

These Terms are between you and us. No other person has the right to enforce any provision of these Terms.

12. Contact us

If you have any questions about these Terms, please contact us:

Artisan Gourmet Retail Pty Ltd Trading as The French Kitchen Castle Hill Unit 1, 19 Victoria Avenue, Castle Hill NSW 2154 Phone: 1300 835 888 Email: info@tfk.com.au

For privacy matters, please use the contact details in our Privacy Policy.