1. Acceptance & Scope
These Terms of Service (“Terms”) govern your use of kivaniyon.com and your purchase of products and services from Kivaniyon, a dessert studio based in South Brisbane, Australia (“we”, “us”, “our”). By using the site or ordering, you confirm that you are at least 18 and have authority to enter into the agreement.
2. Contents
3. Quotes & Orders
- Quotes. Quotes are valid for 7 days unless stated otherwise and may change with design or scope updates.
- Order details. You are responsible for providing accurate event date, time window, venue address, serves, flavours, and design notes.
- Lead times. Custom cakes generally require 5–7 days’ notice; multi-tier/wedding pieces 2–4 weeks. Rush slots may be available on request.
- Acceptance. An order is accepted when we confirm in writing (email) and receive any required deposit.
4. Pricing & Payment
- Prices are in AUD and inclusive of GST where applicable.
- Delivery fees are distance/time based and quoted once the address and window are supplied.
- We accept the payment methods stated on our invoice or checkout. Payment is due by the date shown on your invoice.
5. Deposits, Changes & Cancellations
- Deposit. A non-refundable deposit of 30% secures the booking date for most custom orders. Weddings/multi-tier may require a higher deposit.
- Balance. The remaining balance is due by the due date on the invoice (typically 3 days before fulfilment).
- Design changes. Reasonable changes are possible until production starts. Changes may affect price and timeline.
- Cancellation by you. If cancelled:
- ≥7 days before fulfilment: deposit retained; any balance paid is refunded.
- <7 days: deposit retained and additional costs for ingredients/work already incurred may apply.
- Cancellation by us. If we must cancel due to unforeseen circumstances, we will refund all amounts you paid for the affected order.
6. Delivery, Pickup & Risk
- Pickup. Pickup is available at Southbank Parklands, Shop/30B Stanley St Plaza, South Brisbane QLD 4101 during the agreed time window.
- Delivery. Courier delivery across Brisbane and nearby suburbs is available. You (or your representative) must be present at the address within the agreed window.
- Risk & care. Risk passes on pickup or delivery. We provide handling/storage guides. Heat, direct sun, uneven surfaces, and prolonged travel can damage desserts.
- Venue handling. Once the item is handed to your venue/representative, we are not responsible for subsequent handling or display conditions.
7. Allergies & Dietary
We offer options that are gluten-friendly, nut-free, or vegetarian upon request. However, our kitchen handles common allergens (e.g., gluten, nuts, dairy, eggs). While we follow good hygiene and separation practices, we cannot guarantee the absence of traces. Please communicate any severe allergies in writing before confirming your order.
8. Design, Colours & Variations
- All products are handmade; minor variations in colour, texture, size, and décor are normal and part of artisanal work.
- Colours may render differently on screens/prints vs real life. Edible dyes, buttercream and chocolate have natural limits.
- Where necessary, we may make reasonable, equivalent substitutions (e.g., florals, décor elements) to achieve the agreed aesthetic.
9. Photos, Intellectual Property & Portfolio
- Design concepts, sketches, recipes, and techniques remain our intellectual property.
- Unless you request otherwise in writing before fulfilment, you grant us permission to photograph the product and use images for our portfolio, website, and marketing.
- If you supply logos/brand assets, you confirm you have rights to use them and grant us a licence to reproduce them on the product solely for your order.
10. Promotions & Gift Cards
- Promotional codes must be used within the stated period and cannot be combined unless expressly allowed.
- Gift cards/vouchers (if offered) are non-refundable and valid only until their expiry date, subject to applicable law.
11. Warranties & Liability
To the maximum extent permitted by law, we exclude all warranties not expressly set out in these Terms. If goods or services are not of acceptable quality or otherwise breach the ACL, you are entitled to remedies under the ACL. Our liability for a failure to comply with a consumer guarantee is limited, where permitted, to resupply or refund.
We are not liable for loss arising from: incorrect or incomplete information provided by you; failure to follow care instructions; delays or failures caused by events outside our control; or any indirect, special, or consequential loss (e.g., loss of enjoyment or opportunity).
12. Events Outside Our Control (Force Majeure)
We are not responsible for delays or failures caused by events outside our reasonable control, including severe weather, natural disasters, public utility failures, transport disruptions, public health events, or supplier issues. If such an event occurs, we will notify you and take reasonable steps to minimise impact.
13. Website Acceptable Use
- Do not misuse the site (e.g., attempt to gain unauthorised access, introduce malware, scrape at scale, or overload the service).
- Content on the site (text, photos, graphics) is owned by us or our licensors and may not be reproduced without permission.
- Information on the site is general in nature and may change without notice; it is not professional advice.
14. Governing Law & Disputes
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia. We encourage you to contact us first so we can attempt to resolve issues amicably.
15. Contact
Email: kivaniyon@gmail.com
Phone: +61 7 3844 8165
Address: Southbank Parklands, Shop/30B Stanley St Plaza, South Brisbane QLD 4101
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new “Last updated” date. Your continued use of our site or services after changes indicates acceptance.