Terms & Conditions

TERMS OF SERVICE
----

OVERVIEW
mulberrytreecafe.com.au website is owned and operated by The Trustee for Ohana(NSW)Family Trust. (ABN: 30 976 512 049). Throughout the site, the terms “we”, “us” and “our” refer to Mulberry Tree Cafe. 

By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers. Mulberry Tree Cafe may amend these terms and conditions from time to time. Any amendment is effective immediately.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

GENERAL CONDITIONS
All material on this site, including, but not limited to images, logos and illustrations, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Mulberry Tree Cafe and its related companies.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

MODIFICATIONS TO THE SERVICE AND PRICES
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

PRODUCTS OR SERVICES
Product design, colours and flavours may vary from images supplied on our website by discretion of Mulberry Tree Cafe. Some products may need to be substituted for a product of equal or greater value to meet delivery times.

Our products contain nuts and we cannot guarantee an absence of nuts in any of our products. Consumers with known nut allergies assume any responsibility by consuming our products.

We do not take any responsibility for the content on any messages as we do not create, change or censor a message sent from a sender to a recipient. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. In the unlikely circumstance your product has major faults, please contact us to discuss options for a refund or a replacement. We do not take liability for damages or spoilage caused by leaving your product outside the premises if no one is available to accept delivery.

DELIVERY
We deliver to Metropolitan Sydney. The delivery fee is payable in addition to the cost of your order and will be calculated at checkout. Delivery takes place between 8am to 5pm on the day selected. There may circumstances beyond our control which may result in deliveries after these times. Attempts will be made to contact the recipient if this occurs. We are unable to specify an exact time for delivery. 

If no one is available to accept the delivery, the driver may leave it in a safe place at the delivery address. Otherwise, the package will be returned to our cafe and we will contact you to arrange re-delivery for an additional fee. For delivery of products containing alcohol, please ensure the recipient is aged 18 years or over and is available to receive the delivery, as a re-delivery fee may be charged if delivery is not possible.

Orders will not be dispatched until full payment is received and we are satisfied with the integrity of the order. It is your obligation to enter the correct delivery address details at the time of ordering. If the delivery details you have given are incorrect, we will not refund any payment. If you wish to send the order again it will be at full expense. Re-delivery on the same day will not always be guaranteed. 
 
CANCELLATION
Please make sure all order details are correct at time of ordering. We are unable to vary any orders within 24 hours of their delivery.

Should you need to cancel your order, the full amount will be refunded less a $30 administrative fee, ONLY IF notice is received by Mulberry Tree Cafe 24 hours prior to the scheduled delivery date. 

Mulberry Tree Cafe is unable to cancel orders that are already prepared and/or are with a courier for delivery. 

LIQUOR INFORMATION
Any alcohol included in our products is intended to be delivered as a genuine gift alongside food and other items. The gift is packaged and presented in such a manner that it is taken to be a gift. Gifts containing alcohol can only be delivered to another adult who is not the purchaser. Any alcohol delivered cannot exceed 2 litres. Both the purchaser and recipient of the gift containing alcohol must be 18 years or over. The recipient must be available to receive the delivery, or a re-delivery fee may be charged if delivery is not possible.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mulberry Tree Cafe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shop 5/20-22 Macquarie Street, Parramatta, NSW, 2150, Australia.