Terms & Conditions
Acceptance of Terms
These terms and conditions govern all supply of goods and services ("products") by Resolute Property Management Limited ("In the Mix Bakery", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at
www.inthemix.nz ("the website"). They are effective from 10 March 2020 and will replace all earlier In the Mix Bakery terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over. Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and Supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop or by direct contact with you.
Delivery and Delivery Charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website or after purchase where a total delivery cost will be provided either in the order summary in your online shopping basket or as an after purchase addition when applicable.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published.
We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
We accept the following credit cards:
Visa, MasterCard, Visa Debit
We also accept payment from your PayPal account if you have one.
Credit Card Security
All payments are processed via PayPal or Stripe's secure payments system to ensure high levels of payment security and are subject to PayPal or Stripe's terms and conditions.
Refund and Cancellation Policy
We do not have to provide a refund if you have changed your mind about a purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
All orders placed for Pick-Up are to be collected before closing time on the day specified. In the Mix Bakery accepts no responsibility for products not picked up before the closing time and reserves the right to charge for any orders not collected.
Delivery prices may vary between products and are subject to change. In the Mix Bakery reserves the right to set definitions of CBD and Suburb designations regarding any order placed for delivery.
Any orders delivered are at purchasers' risk. No refund will be given for damaged products in transit. (this does not apply to corporate orders over 20 cakes).
A second delivery cost will incur if the person is not there to receive a delivery. If instructions are given for the delivery item to be left at the door or at the delivery premises, In the Mix Bakery does not take any responsible for spoilage, damages or loss.
In the Mix Bakery does not accept responsibility in the event the item does not get there on the day required for delivery, due to any of the above or courier delays. All products must be paid for before delivery.
In the Mix Bakery cannot be held responsible for any time zone differences when placing an order on the website. The customer is responsible for ensuring that the order required for pickup and/or delivery is placed in advance and In the Mix Bakery will not be held responsible if the order is received outside of shop hours or time zone hours. The customer is responsible for ensuring that they have filled out all the correct details on the order form needed to fulfil the order for delivery.
In the Mix Bakery is not required to provide delivery on days that our premises are closed. This includes, but is not limited to, all Public holidays, Sundays and our annual close-down period during Christmas and New Year.
In the Mix Bakery reserves the right to request additional payment for delivery if bookings are not made within the required time frames or if post codes are input incorrectly.
In the Mix Bakery takes all care in supplying products for different dietary requirements. As our items are produced in a kitchen that is not entirely Gluten Free, Dairy Free or allergy product free we can not guarantee that traces won't be present. We do however take all care when producing these products.
Wedding Cake Policy
Prices and designs may vary slightly from those shown online subject to availability of products, size, flavours, individual requirements and/or flowers. A non-refundable deposit is required at the time the order is placed to book the date, prices and deposit will be set by Management. Changes to an
order already placed may incur extra charges.
Wedding cakes will not be delivered without prior arrangement and within our strict requirements.
We reserve the right to decline delivery. In the Mix Bakery accepts no responsibility for any damages once product has left the store. In the Mix Bakery may cancel any order in the event of Forces Majeure as detailed below.
In the Mix Bakery shall be under no liability - to the Customer in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer
hacking; health lockdowns; or malicious damage.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable Law and Jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor/client
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Unless you opt out of receiving messages from us, we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by
these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.