Terms of service

Fankery Limited Terms of Service

Last Updated: August 3rd, 2025

Welcome to Fankery! These Terms of Service (“Terms”) govern your use of our website (fankery.com), online ordering system, and services provided by Fankery, including the purchase, delivery, and pickup of our fresh, made-to-order cakes and baked goods.

By accessing our website, placing an order, or contacting us, you agree to be bound by these Terms, our Privacy Policy, and our Refund and Cancellation Policy. If you do not agree with these Terms, please do not use our services.

1. About Fankery

Fankery specialises in a variety of Asian fusion baked goods, freshly prepared to order for in-store pick-up, future-date collection, and delivery (where available).

Fankery is located at 2B York Street, Newmarket, Auckland 1023, New Zealand.

For any inquiries, please contact us at hello@fankery.com.

2. Use of Our Website and Services

2.1 Eligibility

You must be at least 16 years old to use our website and place orders. By using our services, you confirm that you meet this requirement and that all information you provide (e.g. name, delivery address) is accurate and complete.

2.2 Information Responsibilities

To place an order, you must provide personal information (e.g., name, email, phone number, and delivery address). You are responsible for:

- Providing accurate order and delivery details.
- Ensuring your contact details are correct so we can reach you regarding your order.
- Notifying us promptly at hello@fankery.com if there is an error with your order information.

2.3 Prohibited Activities

You agree not to:

- Use our website for unlawful purposes or in violation of these Terms.
- Attempt to access or interfere with our systems, servers, or data.
- Submit false or misleading information (e.g. incorrect delivery addresses).
- Reproduce, copy, or resell our products or content without written permission.

3. Ordering and Payment

3.1 Placing Orders

Orders can be placed via fankery.com for pickup or delivery. All orders are subject to availability and our acceptance. We reserve the right to refuse or cancel orders due to:

- Insufficient stock or ingredients.
- Suspected fraudulent activity.
- Errors in pricing or product descriptions.
- Failure to provide accurate delivery information.

3.2 Product Descriptions

We strive to ensure that product descriptions, images, and prices on fankery.com are accurate. However, as all products are handmade, minor variations (e.g. appearance, decoration, or size) may occur. Prices are in New Zealand Dollars (NZD) and include GST where applicable.

3.3 Payment

Payments are processed securely through third-party providers (e.g. Stripe, PayPal). By submitting payment, you confirm that you are authorised to use the selected payment method. We are not responsible for payment processing errors beyond our control.

3.4 Customisations

Custom cake orders or modifications to menu items can be requested via our Custom Cake Form. Once submitted, our team will contact you by email to confirm details and provide a quote.

4. Delivery and Pickup

4.1 Delivery

Delivery is available within Auckland every day of the week. Please see our Delivery Policy page for the list of postcodes we deliver to.

You will receive a confirmation message via email or text the day before delivery with the scheduled delivery time. You must provide a valid delivery address and ensure someone is available to receive the order. If you are unavailable, we may leave the order in a safe location or arrange redelivery (fees may apply).

4.2 Pickup

Orders for pickup are available during our store opening hours: Wednesday to Sunday, 10:00AM – 6:00PM. Uncollected orders will be held until the end of the day and considered fulfilled unless faulty.

4.3 Product Care

All products remain fresh for 24 hours if stored in their original packaging and under the correct storage conditions. You are responsible for following any storage instructions provided with your order.

5. Cancellations and Refunds

Cancellations and refunds are governed by our Refund and Cancellation Policy. In summary:

- Cancellations require at least 72 hours’ notice via hello@fankery.com.
- Refunds are available for faulty, incorrect, or non-delivered orders, in line with the New Zealand Consumer Guarantees Act (CGA).
- Change-of-mind refunds are not offered after preparation has begun. However, store credit may be issued at our discretion in the form of a voucher code sent via email.

6. Intellectual Property

All content on fankery.com, including but not limited to images, logos, recipes, branding, and text, is the exclusive property of Fankery Limited or its licensors. It is protected under New Zealand copyright, trademark, and trade secret laws.

You may not reproduce, distribute, or use our content without written permission, except for personal, non-commercial purposes such as sharing product links.

7. Limitation of Liability

To the maximum extent permitted by law:

- Fankery is not liable for indirect, consequential, or incidental damages (e.g. loss of enjoyment) arising from the use of our services or products.
- Our liability for breaches of consumer guarantees under the CGA is limited to, at our discretion, replacing the product, refunding the purchase price, or providing store credit.
- We are not responsible for delays or issues caused by third parties (e.g. couriers, payment processors) or events beyond our control (e.g., natural disasters, power outages).
- You assume responsibility for any allergic reactions or dietary issues unless we have failed to disclose ingredients as required by law. For ingredient inquiries, contact hello@fankery.com.

8. Indemnity

You agree to indemnify Fankery, its employees, and agents against any claims, losses, or damages arising from your breach of these Terms, misuse of our services, or provision of inaccurate information (e.g. incorrect delivery address).

9. Privacy

Your personal information is handled in accordance with our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in that policy.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. Updated Terms will be posted on fankery.com with the revised “Last Updated” date. For significant changes, we will notify you via email or a website notice. Continued use of our services after changes constitutes acceptance of the revised Terms.

11. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

12. Contact Us

For questions, concerns, or issues regarding these Terms, please contact us:
Fankery Limited
Email: hello@fankery.com
Address: 2B York Street, Newmarket, Auckland 1023
Website: fankery.com
We aim to respond to all inquiries within 24 hours.

13. Your Rights Under the New Zealand Consumer Guarantees Act

These Terms do not exclude or limit your rights under the Consumer Guarantees Act (CGA). You are entitled to consumer guarantees (e.g. acceptable quality, fitness for purpose) and remedies (e.g. refunds, replacements) for products that fail to meet these guarantees.

For more information, visit: https://www.consumer.org.nz/articles/consumer-guarantees-act