Terms of Use

This website (“Website”) is operated by Maison baked Pty Ltd (ABN 98 644 726 698), (“we”, “our” and “us”). Please read the following terms and conditions, which include our Privacy and Cookies Policy (collectively, this “Terms of Use”), carefully before you use the Website because they affect your legal rights and obligations.


When we refer to “Content” in this Terms of Use, we mean anything that is published or made available through the Website, e.g. text, audio, video, images, software, data, code, scripts etc.


1.1 You must be 18 years or older or over the applicable age of majority in your jurisdiction to use the Website. If you are below 18 years old or the applicable age of majority in your jurisdiction, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of this Terms of Use and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of the Website or purchase of goods and services; and (c) your acceptance and compliance with this Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using the Website.

1.2 You can access most areas of the Website without registering for an Account with us. Certain areas of the Website are only open to you if you register for an Account.

1.3 We may revise this Terms of Use at any time by updating this posting (see date on top). It is your responsibility to check the Website from time to time to review the current terms and conditions as each use of the Website by you signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of this Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use the Website.


2.1 Each Account registration is for a single user only. We do not permit you to share your Account username and/or password with any other person, nor with multiple users on a network.

2.2 You are responsible for all use of your Account, and all activity emanating from your Account, whether or not such activity was authorised by you. You are solely responsible for maintaining the confidentiality and security of your username and password. If you know or suspect that someone else knows your password or that your Account has been accessed by unauthorised persons, you should contact us immediately and change your password at the earliest possible opportunity.

2.3 We may suspend or cancel your registration, or terminate your Account immediately at our discretion where we reasonably believe that: (a) you are in breach any of your obligations under this Terms of Use; (b) there are transactions on your Account which might be fraudulent, illegal or criminal activity; or (c) your use of the Website or your Account constitutes a violation of applicable laws or regulations.

2.4 You may terminate your Account at any time by sending us notice in writing to hello@maisonbaked.com. However, so long as you continue to use the Website, this Terms of Use will continue to apply to you, notwithstanding that you no longer have an Account.


3.1 The Website may offer you the opportunity to purchase goods and services. Some of these goods and services will be provided directly by us (and we will notify you in each instance where we are the seller). In such cases, the legal contract for the provision of these goods and services will therefore be made directly between you and us, and will be governed by the Selling Terms for Goods and Services as set out in Section 3.2 below, this Terms of Use and any additional terms notified to you at the time of sale. In the event that there are other terms on the Website referring to the sale of such goods and services that conflict with the Selling Terms for Goods and Services, the terms on the Website will prevail.

Examples of the goods that we sell are music CDs, posters and clothes. The specific terms that relate to “goods”, therefore, only apply to all physical goods sold through the Website by us.

Examples of the services that we sell are music and/or video downloads and/or streams, digital downloads of magazines, and/or access to online ‘paid for content’. The specific terms that relate to “services” only apply to all non-physical items sold through the Website by us.

3.2 Our Selling Terms for Goods and Services

  • 3.2.1 Your Status
  • 3.2.2 How the contract is formed between you and us
  • (a) for the purchase of goods
  • After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to sell the goods to you.
  • All orders are subject to acceptance by us, and, where you order online, we will confirm such acceptance to you by sending you an e-mail that confirms the goods have been dispatched (the “Dispatch Notice”). The contract between us for the provision of the goods will only be formed when we send you the Dispatch Notice. The contract will relate only to those goods whose dispatch we have confirmed in the Dispatch Notice. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such other goods is confirmed in a separate Dispatch Notice.
  • (b) for the purchase of services
  • After you place an order for services, the contract between you and us will only be formed when we make the services, including any digital content, available to you for download or access. We reserve the right, at our sole discretion to reject any orders we receive.
  • 3.2.3 Purchase of goods and services
  • (a) Price
  • The price of any goods or services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Notice unless in the event of a mistake (as set out below).
  • Our Website may contain a large number of goods, and despite our best efforts, some of the goods on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the price of goods is less than the stated price, we will charge the lower amount when dispatching the goods to you. If the correct price of the goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the goods or reject your order and notify you of such rejection. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice, if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mispricing.
  • (b) Payment method
  • Payment methods are detailed on the Website, where applicable. For the avoidance of doubt, we do not accept payment by cash or cheque. We charge your debit or credit card on receipt of your order.
  • (c) Out of stock goods
  • In the event that you place an order for goods that are out of stock, we will inform you if it is awaiting stock and the anticipated arrival date of such stock. We will hold your payment and order and dispatch your goods as soon as the stock arrives. You may elect for us to refund your card and to re-purchase on arrival of the stock. In this event, we will notify you via email that stock has arrived and you will be required to place your order again. Please note that customers who have not opted for the refund will take preference. We will not substitute or replace any out of stock item without your prior consent.
  • 3.2.4 Delivery of goods and services
  • (a) Delivery charges
  • When purchasing goods, you will be required to pay extra for delivery (unless stated otherwise) and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website, where applicable. All postage and packing charges are subject to change without notice.
  • We reserve the right to ship physical goods separately or via a third party supplier.
  • (b) Delivery locations
  • We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
  • Unless otherwise specified on the Website, we only deliver goods and provides services to residents in Australia and New Zealand only. We do not accept orders from outside the Australia unless expressly stated otherwise on the Website.
  • (c) Delivery time
  • We endeavour to deliver all goods that are in stock within thirty (30) calendar days of your order. Delivery of larger hand assembled items and selected fabric items may take up to eight (8) weeks. We will notify you if there is the likelihood of any delay and agree with you a revised delivery time.
  • (d) Title and risk
  • You will become the owner of the goods you have ordered when they have been delivered to you and we have received payment. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
  • We will be under no liability for any delay or failure to deliver goods or services, including digital content, if the delay or failure is wholly or partly caused by circumstances beyond our control.
  • 3.2.5 Digital content
  • (a) All downloads of digital content will be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to access, view or play the digital content.
  • (b) You agree that as soon as you download any digital content (which would include, by way of example, digital version of a publication), you will not have the right to cancel your order and receive a refund i.e. as soon as the file download commences or access to the online ‘paid for content’ is granted. Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content.
  • 3.2.6 Cancellation
  • (a) Subject to Sections 3.2.5(b) and 3.2.8, if you are a consumer, then you may cancel your contract to purchase the goods you order at any time up to the end of the fourteenth (14th) calendar day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  • (b) If you have received the goods for an order that you have already cancelled (in accordance with Section 3.2.6(a) above), you must send the goods back to our contact address at your own cost and risk within fourteen (14) calendar days after receiving the ordered goods. You must take reasonable care of the ordered goods whilst they are in your possession. If you cancel your order prior to receiving the goods but where we have already processed and subsequently deliver the goods, you must not unpack the goods and you must send the goods back to us at our contact address within fourteen (14) calendar days. The cost of sending the goods back will initially be paid by you (see Sections 3.2.7, 3.2.9(a) and 3.2.9(b)).
  • (c) When purchasing digital content (e.g. downloads of music, videos or digital versions of magazines, or access to online ‘paid for content’), if you are a consumer you may (subject to Section 3.2.5(b)) cancel your contract to purchase the services within fourteen (14) calendar days after the day the contract was entered to purchase the digital content, provided you haven’t downloaded such digital content.
  • 3.2.7 Incorrect / faulty / damaged goods
  • If the ordered goods you receive are incorrectly supplied, faulty or damaged on delivery then you may cancel your contract with us providing you do so by contacting us by email or telephone (on the number printed on the advice note sent with your goods) and returning the goods within thirty (30) calendar days after the date you receive the ordered goods. We will examine the goods on their return to us, to confirm if they were incorrectly supplied, faulty or damaged. Goods returned by you because they were incorrectly supplied, faulty or damaged will be refunded in full. We will also refund the delivery charges for sending the goods to you and the cost incurred by you in returning the goods to us provided you have selected the least expensive, common and generally acceptable kind of delivery offered by us to send the goods to you and for you to return the goods to us. If you have selected a premium delivery method, we will reimburse you the amount that it would have cost you if you had chosen the least expensive, common and generally acceptable kind of delivery offered by us.
  • 3.2.8 Exceptions to cancellation
  • You cannot cancel your contract with us if the goods you have ordered are:
  • (a) newspapers or magazines (except for subscriptions); or
  • (b) if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you unless faulty; or
  • (c) created pursuant to your own specifications; or
  • (d) perishable goods; or
  • (e) goods that by reason of their nature cannot be returned e.g. earrings; or
  • (f) if the order is for digital content, you have commenced downloading such content (see Section 3.2.5(b)).
  • 3.2.9 Returning ordered goods
  • (a) We reserve the right to refuse any cancellations, refunds or returns if you do not return the goods to us in the same condition as we supplied them to you. You should return the goods to us with the original and undamaged packaging. Wherever reasonable, you should keep the goods in their sealed packaging unless you are sure you wish to keep the goods. You should ensure that any clothing goods are kept or tried on in hygienic conditions. Any hygiene seals should be kept on goods and not removed unless you wish to keep the goods. If the value of goods is diminished by any amount as a result of you handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods i.e. that it goes beyond the sort of handling that might reasonably be allowed in a shop, we may recover that amount from you up to the order price. We may recover this amount either by deducting the amount to be reimbursed to you or otherwise the amount must be paid by you. We cannot accept returns of goods where any hygiene seal has been broken or removed. You have a legal obligation to take reasonable care of any goods whilst they are in your possession. If you fail to comply with this obligation then we may not provide a refund to you.
  • (b) When returning goods, adequate insurance cover and proof of posting is strongly recommended. We cannot accept responsibility for parcels lost in transit. For all returns (with the exception of certain goods (for which please see Section 3.2.9(c) below)), you will be required to arrange and pay for the return of the goods to us.
  • (c) The supplier of your goods will collect certain goods that have been delivered to the consumer and by their nature are not suitable to be returned to us by post. Please contact the relevant supplier to arrange a collection time.
  • (d) When returning goods ordered from the Website, please quote the order number found in the Dispatch Notification e-mail.
  • (e) Once you have notified us that you are cancelling your order for goods, that you are requesting a refund and that you have returned the goods to us, we will refund you as soon as possible and in any event within fourteen (14) calendar days of:
  • (i) us receiving the goods;
  • (ii) (if earlier) the date you supply evidence of having sent the goods back to us; or
  • (iii) after the day on which, if no goods were supplied, we were notified of cancellation.
  • (f) If you do not return the goods delivered to you or do not pay the costs of returning the goods (save for those goods stated in Section 3.2.9(c)), we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Once you have notified us that you are cancelling your order for services (including digital content) and that you are requesting a refund, we will refund you as soon as possible and in any event within fourteen (14) calendar days after the day on which we are informed by you that you wish to cancel your order. We will refund you using the same means of payment as you used for the initial transaction unless you tell us otherwise. We will not impose any fee on you in respect of your refund.
  • 3.2.10 Gifts
  • (a) Refunds for items bought as a gift will be credited to the original purchaser.
  • (b) If you are exchanging goods whereby the replacement goods cost less than the goods you have returned, you will be refunded the difference.
  • (c) When you are exchanging goods and the new purchase costs more than your original purchase, additional payment will be required. The additional payment of the remaining balance may either be included by you with the returned goods and new purchase details, or one of our operators will contact you on receipt of your return to obtain the payment balance.


4.1 Alternatively, goods and services available through the Website may either be:

  • (a) provided by a third-party through a third-party website linked to or framed by the Website; or(b) provided by a third-party through a third-party website which includes us or our brands however the goods and/or services are provided by the third-party; or
  • (c) provided by us acting as agent for a third-party.

4.2 In the circumstances described in Section 4.1 above (“Merchant Sales”), the legal contract for the goods and services provided will be made between you and the relevant third-party seller (“Merchant”) and the relevant Merchant’s terms and conditions will apply to the sale and supply of the goods and services (“Merchandise”) in addition to this Terms of Use. Accordingly, we cannot give any undertaking that the Merchandise you purchase from the Merchant through the Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against the Merchant.

4.2 Merchant Sales shall be subject to the following terms and condition (“Merchant Terms”):

  • 4.2.1 When purchasing Merchandise, you acknowledge that:
  • (a) the Merchant (and not us) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
  • (b) the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise, and/or recommendations made to you by such websites or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise will be directed to the Merchant in question and you acknowledge that we will have no responsibility, obligations or liability in relation to the Merchandise;
  • (c) any Merchant’s data protection practices may differ from those adhered to by us. We are not responsible for, and have no control over, any data that is submitted to, or collected by the Merchants; and
  • (d) we are not responsible or liable directly or indirectly for any charges or losses whatsoever and howsoever arising or resulting from your use of or reliance on any content, materials or Merchandise available through, on or from any Merchant or their websites.

4.3 You should carefully read the Merchant’s own terms and conditions in addition to these Merchant Rules and this Terms of Use. It is important that you check the privacy policy, terms and conditions of use and content of any Merchant’s website and any Merchant information accessible to you from the Website prior to purchasing any Merchandise.


5.1 The intellectual property rights in the Website and the Content, as well as trademarks, logos, service marks, trade names and trade dress appearing in them (collectively, “Marks”) are owned by us and/or our licensors. These are protected by copyright, trademark and other intellectual property laws and treaties around the world. All such rights are reserved. EXCEPT AS ALLOWED IN THIS TERMS OF USE, YOU MUST NOT USE THE WEBSITE, ANY CONTENT OR THE MARKS WITHOUT FIRST GETTING PERMISSION TO DO SO FROM US AND/OR OUR LICENSORS. It is important that you do this so that we (yes, that means you and us) don’t get in trouble unnecessarily.

5.2 You may for your personal and non-commercial use:

  • (a) view the Website on your computer and other devices;
  • (b) print one copy of the Content;
  • (c) save a copy of the Content on your computer or other devices (but not on any server or device that is connected to a network); or
  • (d) share the Content as permitted in this Terms of Use;
  • So, if you wish to use the Website or the Content (or any parts of them) for your business or other commercial purpose, you first need to get our permission and may have to pay a fee.

5.3 If you breach any of the terms in this Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed Content from the Website.

5.4 You must not tinker with or harm the Website, the Content or the Marks. For example:

  • (a) don’t hack into, reverse engineer or impair the working of the Website;
  • (b) don’t help someone to use the Website when they are not allowed to (e.g. a child);
  • (c) don’t pretend to be us (e.g. copying the Website to create your own look-alike website);
  • (d) don’t try to get around our content security technology (software that stops others from copying the Content);
  • (e) don’t use the Website to break any laws;
  • (f) don’t modify the paper or digital copies of any Content you have printed off or copied in any way;
  • (g) don’t use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  • (h) don’t tell others or give them the impression that you own the Content;
  • (i) don’t sell the Content;
  • (j) don’t harvest metadata from the Content;
  • (k) don’t copy or change the Marks;
  • (l) don’t use the Marks without first getting permission from the rightful owner; or
  • (m) don’t set up a company or register a domain name that uses the words appearing in the Marks

5.5 Sometimes, you may come across Content that you find interesting. We have made it possible for you to share it with others easily, but we don’t pay for any sharing you may choose.

5.6 Content that you can share will have a “Share” button near to it with favicon buttons for you to email or post such Content to your social media platforms (such as Facebook, Twitter, etc) When you share Content on such social media platforms, their terms will also apply to you. Those terms will be different from these here. Take time to read through them to properly understand what you are getting into.

5.7 When sharing Content, you should:

  • (a) use the favicon buttons in the Website to share;
  • (b) make sure the Content is displayed accurately; and
  • (c) include a credit of the source (if it does not already have one).

5.8 You should not:

  • (a) be charging others to view the Content;
  • (b) use the Content in any way that may suggest you have any sort of business relationship with us or that we endorse you; or
  • (c) associate the Content with advertisements or sponsorships e.g. putting advertisements in them or near them.


6.1 Do note that we may also from time to time make changes to the Website and the Content. For example, when we introduce a new feature, when we change how we provide a service to comply with a new legal requirement or when we correct a mistake in the Content etc.

6.2 We can at any time suspend or terminate access to the Website or the Content for certain territories or for any period.


7.1 If you believe that any Content infringes your or another person’s intellectual property rights, please email us at hello@maisonbaked.com  to report it.

7.2 We appreciate your help in identifying and reporting infringements. We promise to investigate the matter, but we cannot guarantee that we will respond to your email or that we will take any action.


8.1 The Website provides you with access to sites, applications, or platforms which are owned or operated by third parties. We can’t and don’t control these third parties. Whenever you use any of these third-party sites, applications, or platforms, they will have their own terms of use and privacy policies. You should read through their terms of use and privacy policies to ensure that you agree with them.

8.2 You agree that:

  • (a) we don’t endorse the third-party sites, applications, or platforms we link to, or the products, goods, services or content they provide;
  • (b) we’re not responsible for their products, goods, services or content, or liable for anything that happens to you if you use/buy them; and
  • (c) if you share something containing a link on the third-party site, application, or platform, we’re also not responsible for anything on that they link to.


9.1 We take effort to make the Website and the Content interesting and informative for your reading pleasure. However, sometimes things may go wrong. We do not have any special relationship with you which puts a duty on us to act in your best interest. YOU USE THE WEBSITE AND THE CONTENT ENTIRELY AT YOUR OWN RISK.

9.2 We (and our related companies and their respective directors, employees, representatives, successor and assigns) are only liable for your losses that are caused directly by our fraud, gross negligence or wilful default.

9.3 We make no promises about the Website or the Content, including that:

  • (a) it is of satisfactory quality or suitable for your use;
  • (b) it is accurate, complete or adequate;
  • (c) it is secure, error-free or will always be available;
  • (d) it has no bugs, viruses or other malware;
  • (e) its defects will be corrected;
  • (f) it is lawful for you to use in your country; or
  • (g) your use does not infringe any third-party rights.

9.4 We are not liable to you for anything that happens if:

  • (a) if it is caused by any of the above matters that we did not promise;
  • (b) you rely on advice, data, commentary, opinions etc. in the Content;
  • (c) we change or remove any Content;
  • (d) we remove your ability to share Content;
  • (e) we remove third-party sites linked in the Website and you can’t access them anymore;
  • (f) the thing that happens to you couldn’t reasonably have been foreseen; or
  • (g) the thing that happens to you wouldn’t usually result from our actions.

9.5 As far as allowed under law, we are also not liable for any indirect, incidental, special, consequential losses or punitive damages that you may suffer from using the Website or the Content.

9.6 All the above applies to third-party sites that we link to as well.


You agree to indemnify us (and our related companies and their respective directors, employees, representatives, successor and assigns) for all losses and expenses (including reasonable lawyer’s fees) that we may incur from claims made against us that arise from your use of the Website and the Content, including your breach of any laws, other persons rights or the rules in this Terms of Use, and our enforcement of our rights under this Terms of Use.


11.1 You should not submit any personal data to us without first reading our Privacy Policy which explains how we process your personal data.

11.2 Like most websites, we also use cookies to help us understand how people are using the Website. Our use of cookies, and how to disable cookies, is explained in our Privacy Policy.

11.3 By using the Website, you agree that we can process any personal data you provide to us in accordance with our Privacy Policy. Do read them.


We shall be relieved of the obligations to perform our obligations under this Terms of Use to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, acts of God, riots or civil disorder, fire, flood, lightning, industrial dispute, war or military operations, labour disturbance, inclement weather, disease outbreaks and any acts or omissions of government, persons or bodies beyond our reasonable control.


This Terms of Use shall be governed by and construed in accordance with the laws of Victoria Australia and without regard to its conflict of law provisions. Disputes arising in connection with this Terms of Use shall be in England and Wales.


14.1 You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Use. We may freely delegate and/or transfer our rights and obligations under this Terms of Use. This may occur, for example, when we hire others to help us run and operate the Website or when we reorganize or sell our business.

14.2 If any provision of this Terms of Use is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 A person who is not a party to this Terms of Use shall have no right to enforce any terms or, to enjoy any benefit under this Terms of Use.

14.4 This Terms of Use (which includes the Privacy Policy and any other terms that we may let you know about) is the entire agreement between you and us and replaces all previous terms. Any changes must be in writing.

14.5 If you break any of the rules in this Terms of Use, even if we do not take action against you when we find out about it, we can still take action later.

14.6 Headings are used to make it easy for us to refer to things. They don’t affect the interpretation of this Terms of Use.

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