Terms and Conditions

These Terms and Conditions define the services provided by Cakes by Acacia Simone. By placing an order, clients agree to the following terms, which are in place to protect both the client and the business and to ensure a smooth, professional experience. 

ENQUIRIES

General enquiries will receive a response within 4 business days. For requests outside of this scope, additional time may be required for a quote and response. During peak periods, production, or delivery days, delays may occur. Communication is primarily via email, but phone calls can be arranged by appointment.

General enquiries include requests that are straightforward in nature, such as tiered wedding cakes or themed celebration cakes. Requests outside of this scope include specific and customised items such as tiramisu style, oversized custom cut cakes, dessert bars, etc.

BOOKING & PAYMENT

All quotes are valid for 14 days from the date of issue. To secure a booking, a non-refundable deposit is required within this period. The deposit amount is subject to the order request and will be detailed via email. No date is secure without the deposit paid. If 14 days have passed since the quote was provided and the booking has not been secured, a requote may be required if costs have changed.

An invoice will be generated when the quote has been accepted. A non-refundable deposit (minimum of $100, or a higher amount as specified in the quote) is due upon acceptance. The remaining balance is due four weeks prior to the event. Payment options are available upon request. Orders placed with less than 6 weeks’ notice require full payment at the time of ordering. Preferred payment method is bank transfer; details are provided on the invoice.

By making a non-refundable deposit, the client agrees to these Terms & Conditions. The person placing the order confirms they have the authority to enter into this agreement on behalf of all parties associated with the event, including the couple, family members, or any third party making payment. All payments should include the client’s name, event, and event date in the description. All requests are custom made and personalised. Payment is required prior to event delivery. Last minute orders are considered on a case by case basis.

Once an order has been delivered or collected, the Client agrees not to initiate payment reversals, chargebacks, or disputes through their financial institution for services rendered. Any disputes must be handled directly with Cakes by Acacia Simone in accordance with these Terms & Conditions. 

PAYMENTS cont.

A non-refundable deposit is required and forms part of the total due balance. This covers securing the date, including the potential of turning away other clients, and time spent on administration (quoting, correspondence, order forms, research).

After the deposit and confirmation of details, the order form will be issued with the final due balance. This amount is due:

• Four weeks prior to the wedding date
• Two weeks prior to the event date for other requests

Payment plans are available upon request. Options include:

• Deposit, then remaining balance four weeks prior to event
• Deposit, then 50% of remaining balance two months prior, then final balance one month prior
• Deposit, then fortnightly payments until paid in full
• Payment in full within 14 days of accepting quote

PICK UP & DELIVERY

Pick up is available upon request. Date and time will be confirmed prior to collection. Once products have been collected, responsibility for their care and safe transport transfers to the client or their representative. Care instructions will be provided. Cakes by Acacia Simone is not responsible for damage incurred after pickup, including during transport or storage.

Delivery and setup are recommended for large orders. Coordination with venue staff is provided as needed. Delivery fees are based on distance. Additional trips (e.g., for equipment hire) incur additional fees. Cakes by Acacia Simone is not responsible for damage incurred after delivery and handover.

The client is responsible for ensuring the venue allows adequate access, setup time, refrigeration (if required), and safe display conditions. Cakes by Acacia Simone is not liable for damage caused by venue restrictions, heat, lighting, unstable tables, or venue handling. 

LIMITATION OF LIABILITY

Once products have been collected or delivered and handed over, responsibility for their care and safe storage rests with the client or their representative. Cakes by Acacia Simone takes every precaution to ensure products arrive in perfect condition and provides clear care instructions, but cannot accept liability for any damage, loss, or deterioration after handover, or for circumstances outside of the business’s control (including traffic, weather, or venue conditions).

While every effort is made to accommodate dietary needs and disclose potential allergens, Cakes by Acacia Simone cannot guarantee products are free from trace allergens. It is the client’s responsibility to inform guests and determine suitability for consumption.

To the maximum extent permitted by law, Cakes by Acacia Simone is not liable for any indirect, special, or consequential loss, or for injury or damage arising from circumstances beyond reasonable control. Cakes by Acacia Simone is not liable for emotional distress, disappointment, reputational impact, or subjective dissatisfaction relating to appearance, style, or aesthetic preferences. 

DESIGN & ARTISTIC DISCRETION

Cakes by Acacia Simone aims to match the agreed designs as closely as possible. However, due to the nature of handmade products and seasonal ingredients, minor variations in colour, decoration, and styling may occur. Cakes by Acacia Simone reserves the right to adjust design elements to suit weather, product availability, or structural integrity.  

MODIFICATIONS TO EXISTING ORDERS

Changes to the order after confirmation can be made up to four weeks prior to the event date. A fee may be incurred depending on the scope of the changes.  In the event that additional funds are required, they must be paid at the time the modifications are confirmed. 

CAKE SIZE AVAILABILITY & PRODUCTION REQUIREMENTS

For round cakes, tin sizes available range from a 4" to a 16" (note: 11" is not available).  For square cakes, tin sizes available range from a 5" to a 14" (note: some sizes in between are not available but can be custom cut to size).  For heart cakes, tin sizes available include a small 6" and a medium 8", outside of these, the cake will be custom cut to size (for example, the 1 metre wide wedding cake custom Acacia Simone design for Bronte and Billy, featured in Vogue Australia December 2025 edition). 

In terms of height, a single tier is 2 layers of cake, an extended tier is 3 layers of cake, a tall tier or double barrel is 4 layers of cake, an extended tall tier is 5 layers of cake. Please note, not all sizes are available in all heights - the stability of the cake based on the width to height ratio is factored in when generating quotes.

For shapes and sizes outside of these ranges, quotes will be provided if achievable. If not possible due to equipment or resource restrictions, alternatives will be offered. The business is available to advise on size selection during the quoting process. 

SERVING RESPONSIBILITY 

All cakes are sized and quoted based on the number of estimated servings. Standard serving sizes are:

• Coffee serve = approx. 1” x 1” slice
• Dessert serve = approx. 1” x 2” slice

Recommendations are provided to ensure the cake serves the intended number of guests. Once collected or delivered, Cakes by Acacia Simone is not responsible for how the cake is cut or portioned. Cutting guides are available on request. 

CHANGE OF DATE

If the event date changes, Cakes by Acacia Simone will accommodate if availability allows and sufficient notice is given. If the business is unable to fulfil the order for the new date, a refund of any due balance payments will be issued. 

CLIENT CANCELLATION & REFUND

Deposits are non-refundable but in the event of a cancellation and the deposit has been paid but further payments have not been paid, the deposit amount can be held for a future booking. There is no expiry date for when this can be utilised.

In the event of a cancellation and partial or full payment of the due balance has been paid, the following will apply:

• if the event is more than four weeks out at the time of cancellation, a refund of the due balance will be issued minus the cost of expenses already incurred (i.e.: stock purchased for the order)
• if the event is less than four weeks out at the time of cancellation, a 50% refund of the payment made will be issued
• if the event is less than two weeks out at the time of cancellation, no refund of payment will be made as the date can no longer be rebooked

Please note, the non-refundable deposit is deducted from the total quote and covers:

• securing the date - this includes the potential of turning away other clients
• time spent on administration - quoting, email correspondence, phone calls, order forms, research, etc

SUPPLIER CANCELLATION & REFUND

Cakes by Acacia Simone reserves the right to cancel an existing booking within a reasonable time frame prior to the event for any of the following reasons:

• Unrealistic or Unsafe Design Requests - The requested design is unachievable, structurally unsound, or poses safety concerns, and recommended adjustments are refused.
• Client Misconduct or Breakdown in Communication - The client is repeatedly unresponsive, disrespectful, or displays aggressive or inappropriate behaviour that affects the working relationship
• Late or Missed Payments - Payment deadlines are not met, and the client fails to pay the remaining balance by the due date despite follow-ups
• Significant Changes or Missing Information - Major changes to event details, or failure to provide essential information (design, dietary, access), make fulfilment unviable
• Health, Safety, or Storage Risks - The client requests unsafe ingredients, refuses proper storage conditions, or insists on unsafe display environments (e.g. extreme heat outdoors)
• Third-Party Interference - Another vendor alters, mishandles, or interferes with the cake setup in a way that was not agreed upon or compromises quality/safety
• Reputational or Legal Concerns - The client shares defamatory or false statements about the business, misuses images, or is linked to unethical, discriminatory, or unlawful activity.
• Force Majeure or Personal Emergency - In rare and unforeseen circumstances (illness, emergency, disaster), Acacia Simone may cancel and issue a refund where appropriate.

A refund will be issued in accordance with the above conditions. If Cakes by Acacia Simone cancels a booking:

• If cancellation is not due to the client's conduct, breach of terms, or missed deadlines, the payment will be refunded.
• If cancellation is due to the client’s conduct, breach of terms, or missed deadlines, the payment will be retained.

AUSTRALIAN CONSUMER LAW

All products and services come with guarantees that cannot be excluded under Australian Consumer Law. Clients are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Clients are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. 

DIETARIES & ALLERGENS

Products are made in a kitchen that handles gluten, dairy, eggs, nuts, soy, and other common allergens. Cakes by Acacia Simone offers cakes tailored to certain dietary needs (e.g., dairy-free or gluten-friendly) but does not guarantee products are allergen-free.

Every precaution is taken when preparing cakes and products to meet requested requirements, but trace elements of allergens may still be present. It is the client’s responsibility to inform guests of potential allergens and determine suitability for consumption. 

PHOTOGRAPHY, PROMOTION & MARKETING

Cakes by Acacia Simone reserves the right to photograph and/or film all cakes before or during setup and to use these images for marketing, social media, website, and portfolio purposes. This may include reposting professional images taken at the event by photographers, videographers, content creators, or other vendors. By booking, you grant permission for these images to be used for promotional purposes. Credit will be given to the original creators where possible.

INTELLECTUAL PROPERTY

All cake designs, images, and written content shared by Cakes by Acacia Simone—including those on the website, social media, and marketing materials—are original works and remain the business’s intellectual property. These may not be reproduced, copied, or used for commercial purposes without prior written consent. By booking, clients grant permission for their cake to be photographed and featured in portfolio and promotions, unless otherwise agreed in writing. 

FORCE MAJEURE 

In rare cases where circumstances outside of the business’s control prevent fulfilment of an order—such as illness, accident, extreme weather, road closures, natural disasters, or other emergencies—clients will be notified as soon as possible.  If the order cannot be completed, Cakes by Acacia Simone may issue a refund for any payments made beyond the non-refundable deposit, less the value of any work or materials already completed or purchased. 

DISPUTE RESOLUTION & JURISDICTION

Cakes by Acacia Simone is committed to resolving any concerns or disputes professionally and in good faith. If an issue arises, clients are encouraged to make contact so a fair solution can be sought. If a resolution cannot be reached, either party may seek mediation. These Terms & Conditions are governed by the laws of New South Wales, Australia.