The terms that govern your use of our website and purchase of our products and services.
These Terms and Conditions ("Terms") govern your use of the website located at rise52pty.site ("Site") and any products or services supplied by Rise52 Pty Ltd (ABN 96 696 962 311 / ACN 696 962 311) ("Rise52", "we", "us", or "our").
By accessing our Site, placing an order, or engaging our services, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use our Site or services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Food Act 2008 (WA), the Food Standards Code (FSANZ) and the Sale of Goods Act 1895 (WA).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Rise52 provides artisan sourdough breads, laminated pastries, catering services, wholesale supply, Bread Club subscriptions and baking workshops in Western Australia. Specific product descriptions, availability, pricing and allergen information are published on the Site or in our current price lists.
All products are produced in a kitchen that handles wheat, rye, spelt, dairy, eggs and nuts. We cannot guarantee any product is free from traces of these allergens. Customers with severe allergies should contact us before purchase.
All prices are quoted in Australian Dollars (AUD) and inclusive of GST where applicable. GST is applied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Tax invoices will be provided on request.
Collection times and delivery windows will be communicated at the time of order. For retail pickup orders, risk and title in the goods pass to you on collection from our bakehouse. For delivery orders, risk passes on delivery to the address nominated by you.
We are not responsible for quality issues arising from delays caused by the customer in collecting goods, or from storage conditions outside of our control after delivery.
Due to the perishable nature of our products, retail orders may only be cancelled more than 24 hours before the scheduled collection or delivery. Catering orders may only be cancelled in line with the specific timeframes stated in your booking confirmation.
Bread Club subscriptions may be paused or cancelled at any time via email to [email protected], provided notice is given at least 48 hours before the next scheduled delivery.
Where a product is faulty, not as described, or otherwise does not meet an Australian Consumer Law guarantee, you are entitled to a replacement or refund in accordance with clause 9.
All intellectual property rights in the content of the Site — including text, graphics, logos, recipes, photography and software — are owned by or licensed to Rise52 Pty Ltd. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Workshop materials, recipe booklets and handouts remain our intellectual property and are licensed to attendees for personal, non-commercial use only.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our goods or services are provided to a consumer under the ACL, you may have consumer guarantees including that goods are of acceptable quality, fit for purpose and match their description, and that services will be rendered with due care and skill within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Subject to clause 9 and to the fullest extent permitted by law:
You agree to indemnify, defend and hold harmless Rise52 Pty Ltd, its directors, officers, employees and agents from any claims, losses, damages, costs or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a wholesale or catering engagement, and to use such information only for the purposes of that engagement. This obligation survives termination of the engagement for a period of 3 years. It does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a wholesale, catering or subscription engagement by providing written notice as specified in the relevant agreement or subscription terms. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Rise52 Pty Ltd to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any wholesale or catering agreement and our Privacy Policy, constitute the entire agreement between you and Rise52 Pty Ltd with respect to your use of the Site and our products and services, superseding all prior agreements, representations and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: