Terms and Conditions

1. Agreement and acceptance

In these terms, “Criollo”, “we”, “us” and “our” mean Criollo Designer Cakes NZ Ltd, trading as Criollo Designer Cakes. “Customer”, “you” and “your” mean the person placing or paying for the order.

These terms form part of the agreement between you and Criollo. You accept them when you place an order through the website, select the checkout terms checkbox, approve a written quotation, pay a deposit or other amount, or otherwise instruct us to proceed.

Your quotation or written order confirmation records the product, design, price, due date, fulfilment method and any order-specific conditions. If an expressly agreed written order-specific condition conflicts with these general terms, the order-specific condition applies only to that point. All remaining general terms continue to apply.

Nothing in these terms limits any right or remedy that cannot lawfully be excluded under New Zealand law.

Meaning of time periods

Working day

Monday to Sunday, only excluding days we have previously declared as holidays. The product’s due date is not counted when calculating days before that date.

Banking day

A day on which New Zealand registered banks are generally open for ordinary banking business, excluding weekends and public holidays.

Due date

The agreed collection or delivery date recorded in the accepted quotation or written order confirmation.

2. Quotations, bookings and deposits

• Discussing a date, receiving a quotation or submitting an enquiry does not reserve a production slot.
• A quoted custom cake booking is confirmed only when the required $50 non-refundable deposit per cake has cleared into our nominated account.
• The deposit must be received within 3 banking days after you receive our quotation or booking message, unless we agree otherwise in writing.
• Work on your order, including design preparation and production planning, begins only after the deposit has been received.
• For cupcakes, desserts, gift products, combined orders or online-shop purchases, the deposit or payment requirement stated in the quotation, product listing or checkout applies.
• If the deposit is not received by the stated deadline, Criollo may release the date without further obligation.

The deposit secures limited production capacity and contributes to booking administration, planning and preparation for a made-to-order product. The circumstances in which it will or will not be returned are stated in the cancellation clauses below.

3. Prices, instalments and final payment

• The price and included items are those recorded in the accepted quotation, product listing or order confirmation.
• Unless clearly stated otherwise, prices are in New Zealand dollars and include GST where applicable.
• You may ask to pay the balance in parts. Any payment schedule must be agreed between you and Criollo in writing.
• Regardless of an agreed payment schedule, the complete balance must clear no later than 10 working days before the due date.
• No interest is charged merely because an agreed order is paid in parts.
• Bank, card, payment-gateway or currency-conversion charges imposed on you by a third party remain your responsibility.

If final payment is late

If full payment has not cleared by the 10-working-day deadline, Criollo may pause work and give written notice that the order will be treated as cancelled. If cancellation is completed while more than 7 working days remain before the due date, we will retain the $50 non-refundable deposit and offer to refund the remainder paid.

If you do not respond or make full payment before the order reaches the period on or within 7 working days of its due date, the no-refund rule for that period applies. Accepting a late payment on one occasion does not require us to accept late payment on another order.

Payment in parts is a payment arrangement, not a separate finance service. However, if a particular arrangement is legally treated as a layby sale or consumer-credit arrangement, the mandatory statutory requirements for that arrangement apply regardless of the name used by either party.

4. Customer cancellations and refunds

Cancellation must be sent in writing to criollo.designer.cakes@gmail.com. The effective cancellation time is when Criollo receives the written notice.

Cancellation more than 7 working days before the due date

If we receive cancellation more than 7 working days before the due date, we will offer a refund of amounts paid minus the $50 non-refundable deposit for each cancelled cake. For other products, any deposit identified in the accepted quotation will be deducted.

Cancellation on or within 7 working days before the due date

If we receive cancellation on or within 7 working days before the due date, no refund, partial refund or credit is available. This period reflects the advance purchasing, preparation, labour allocation and production capacity required for customised and perishable products, and the limited opportunity to replace the reserved booking.

Refunds approved under this clause will normally be made electronically to the original payer or a verified bank account. A change of mind, change in personal circumstances, event cancellation or failure to use the product does not create an additional right to a refund, subject always to rights that apply under law.

The $50 deposit will not be retained where Criollo cancels because we cannot fulfil the accepted order, or where New Zealand consumer law requires its return.

5. Changes, postponements and rescheduling

Any change to the date, design, quantity, flavour, dietary requirement, collection, delivery or other order detail must be requested in writing. A requested change is not accepted until both you and Criollo have agreed to it in writing.

• Changes depend on production capacity, ingredient and equipment availability, and the stage already reached in the work.
• A change may alter the price. Any additional amount must be paid by the deadline we specify.
• We may be unable to accept changes requested after ingredients, decorations or production work have been committed.
• A postponement or new date is subject to our availability and agreement.
• Unless we agree otherwise in writing, all general terms – including deposit, final-payment and cancellation terms – continue to apply to the rescheduled order.

If we cannot agree to the requested new date or change and you decide not to continue with the original confirmed order, that decision is treated as a customer cancellation made on the date we receive it.

6. If Criollo cannot fulfil or cancels an order

If Criollo cannot reasonably fulfil an accepted order, we will contact you as soon as practicable. Depending on the circumstances, we may offer:

• a suitable replacement or product swap;
• a voucher acceptable to you; or
• another reasonable solution agreed between you and Criollo.

If no replacement, voucher or other proposed option is reasonably acceptable to you, we will offer a full refund of the amount paid for the affected order. We will not require you to accept a voucher instead of a refund where the law gives you the right to a refund.

Events outside reasonable control

If severe weather, natural disaster, civil emergency, power or utility failure, government restriction, serious illness, ingredient-supply disruption or another event outside reasonable control affects an order, both parties will discuss a reasonable replacement, postponement, voucher or refund solution. The remedies above and applicable New Zealand law will continue to apply.

7. Handmade products and artistic tolerance

Criollo products are individually handmade. No two handmade products or designs are exactly the same. By ordering, you accept reasonable artistic tolerance in the finished product, including minor variations in colour, shade, proportions, placement, texture, pattern, finish and handmade decoration.

• Reference images are used as inspiration and guidance unless a particular feature is expressly agreed in writing.
• Screen settings, lighting and photography can cause colours to appear different from the finished product.
• Fresh flowers, seasonal items, toppers, ribbons, packaging and decorative materials may be substituted with a reasonably similar option if the original item becomes unavailable.
• You are responsible for checking the spelling, dates, numbers and wording supplied or approved for an order.
• If you ask us to reproduce a logo, image, character or other third-party material, you confirm that you are entitled to authorise that use.

8. Dietary requirements and allergens

You must tell Criollo in writing about every dietary restriction, allergy or intolerance relevant to the intended consumers before the booking is confirmed. Dietary information should be included in the quotation and checked by you before approval.

All Criollo products are made in a kitchen where allergens are used or may be present. These include milk, egg, wheat and gluten-containing cereals, peanuts, tree nuts, soy, sesame, fish, crustaceans, molluscs, lupin and sulphites. Individual tree nuts may include almonds, Brazil nuts, cashews, hazelnuts, macadamias, pecans, pine nuts, pistachios and walnuts.

We take reasonable precautions and will use the ingredients and preparation approach agreed for the order. However, because the kitchen and equipment are not dedicated allergen-free facilities, we cannot guarantee that accidental cross-contact or traces will never occur.

A product described as vegan or gluten-free describes the selected recipe and ingredients; it does not mean the product was made in a dedicated vegan, dairy-free, egg-free, nut-free or gluten-free kitchen. It must not be treated as an assurance that the product is suitable for every allergy or medical condition.

Our dietary declaration and care/cutting guide can be supplied on request. If an intended consumer has a serious allergy, the customer is responsible for deciding – with appropriate medical advice where needed – whether a product made in this shared kitchen is suitable for that person.

9. Collection, delivery and handover

Collection

• Criollo is a home-based business and does not operate a public walk-in shop.
• Collection is by confirmed appointment. Collection instructions and the private collection location are supplied directly to the customer for a confirmed order.
• The customer or nominated collector should inspect the order at handover and raise any visible concern before leaving.
• If an order is not collected at the agreed time, product quality cannot be guaranteed beyond that time and additional storage or rearrangement may not be available.
• Failure to collect does not create a right to a refund, credit or replacement.

Delivery

• You are responsible for providing complete and accurate delivery details, access information and a contactable recipient.
• If delivery cannot be completed because the recipient is unavailable, access is prevented or the supplied details are incorrect, the order may be returned and an additional delivery charge may apply.
• If you or the recipient authorise us to leave an order unattended, handover occurs when it is left in the agreed place.

Responsibility after handover

Handover is complete when the product is collected, delivered to the customer or recipient, or left in an authorised place. After handover, responsibility for transport, handling, storage, display, food safety after storage, serving and the use of stands, supports or decorations passes to the customer.

Except where responsibility cannot lawfully be excluded, Criollo is not responsible for damage, deterioration, loss or an accident occurring after completed handover, including damage caused by tilting, braking, heat, sunlight, moisture, refrigeration, unsuitable display furniture, pets, children, guests, third-party handling or failure to follow the supplied care instructions.

10. Product care, display and cutting

Our dietary declaration, care instructions and cake-cutting guide are available on request. The customer is responsible for passing relevant instructions to the collector, recipient, venue, caterer and person cutting or serving the product.

• Always carry the cake box from underneath; do not carry it by its sides or lid.
• Keep the cake level during transport, storage and display.
• Transport a cake on a flat, stable surface rather than on a seat or a person’s lap.
• Keep the cake in its box and refrigerate it when instructed.
• Avoid direct sunlight, heaters, hot vehicles, damp environments and unnecessary movement.
• Use a stable cake stand or surface at least approximately 1 inch wider than the cake board.
• Unless different instructions are supplied, allow a refrigerated cake to approach an appropriate serving temperature before serving.
• If an edible image, gum-paste, fondant or other moisture-sensitive decoration is present, follow the specific storage instructions supplied with the order.

Serving and cutting estimates

Serving numbers are estimates based on the agreed cake dimensions and the cutting method used. Actual servings depend on how the cake is cut. The customer, venue or caterer is responsible for cutting portions appropriately. Our visual guide shows the recommended method of cutting tall cakes into long sections, slicing those sections vertically, and then dividing them into smaller portions.

11. Quality concerns and remedies

Please inspect the product at collection or delivery wherever reasonably possible. If you believe there is a quality, safety or order-accuracy problem, contact us as soon as reasonably practicable and provide:

• your name and order reference;
• a clear description of the concern;
• photographs or video showing the product, packaging and issue; and
• the remaining product or relevant item, where it is safe and reasonable to retain it for assessment.

Depending on the issue and the applicable law, a reasonable remedy may be a repair, replacement, product swap, partial refund, full refund or another agreed solution. We may ask reasonable questions or inspect the product so we can identify what occurred. Nothing in this process removes a remedy available under the Consumer Guarantees Act 1993 or other applicable New Zealand law.

12. Gift vouchers and promotional vouchers

• A voucher is valid only for the period and product, service, value or package stated on it, subject to any minimum validity period required by New Zealand law.
• A gift voucher sold to a consumer on or after 16 March 2026 will have a validity period of at least 3 years from its sale date, unless a statutory exclusion applies.
• The voucher will state whether it accommodates any dietary restriction. The shared-kitchen allergen conditions in these terms continue to apply.
• A voucher may be redeemed once only.
• A voucher cannot be split between separate bookings or redeemed in parts. Any unused balance is forfeited unless the voucher itself expressly states otherwise or the law requires otherwise.
• A booking request must be made at least 7 days before the requested collection or delivery date.
• Every booking remains subject to production availability. Holding a voucher does not guarantee that a particular date is available.
• The voucher will state whether it is for collection, delivery or either. Delivery outside its stated entitlement may require an additional charge.
• Failure to collect an order made under a voucher at the agreed time forfeits the voucher, subject to any right that cannot lawfully be excluded.
• A voucher cannot be exchanged or redeemed for cash except where required by law.
• These general Terms and Conditions apply to every order made with a voucher.

A complimentary, promotional, loyalty, prize, refund or event-specific voucher may have the validity period and restrictions stated on it where the statutory minimum gift-card expiry rules do not apply.

13. General terms

Communication

You are responsible for supplying current contact details and checking messages relating to your order. A notice sent to the email address, mobile number or messaging account you supplied may be relied on as having been sent to your nominated contact channel.

No transfer without agreement

You may not transfer a confirmed custom order, booking date or order credit to another person without our prior written agreement. Gift vouchers may be given to another person unless the voucher states that it is personal or non-transferable.

Severability and waiver

If part of these terms is found to be invalid or unenforceable, the remaining parts continue to apply. A delay or failure by either party to enforce a term on one occasion does not waive that term on another occasion.

Changes to these website terms

We may update the website version of these terms from time to time. The version accepted when your order is confirmed will ordinarily govern that order, together with any later written variation agreed by both parties.

Governing law

These terms and each order are governed by New Zealand law. The parties should first try to resolve any concern directly and in good faith. Nothing prevents either party from using the Disputes Tribunal, a regulator or a court where entitled.