Terms and conditions

Course purchases terms and conditions

When you enrol online (purchase a course), your payment will be processed, and you will be provided with confirmation of your enrolment. Your place in a course is not secure until the fee(s) for the course are paid in full.

1. Registration, enrolment and payment

1.1 Registering your interest for a course does not provide you with a place in class. Enrolments can only be finalised and confirmed once the full payment has been received.

1.1a International students, Australian temporary or permanent humanitarian visa holders are required to provide a copy of their e-visa after the payment has been processed, in order to finalise their enrolment. Students will be contacted by the Australian Patisserie Academy via e-mail to formalise this final requirement.

1.2 The Australian Patisserie Academy cannot hold places for students that have registered their interest only. Places in classes are allocated in the order full payments are received.

(a) When you enrol online, your payment will be processed and you will be provided with a confirmation of your enrolment.

(b) In addition, students receive a confirmation e-mail, containing all relevant information needed, prior to attending the class. This e-mail is forwarded to students 7 days prior to the course commencing.

(d) The Australian Patisserie Academy reserves the right to cancel a program if there are insufficient enrolments or other extenuating circumstances.

(e) The Australian Patisserie Academy accepts VISA and MASTERCARD for online payments.

2. Refunds and cancellations courses

2.1 Cancellations notified in writing at least 5 business days before the start of 1 (one), 2 (two) or 3 (three) day short courses are eligible for full refunds; this excludes Guest Chefs and Masterclasses. (see 2.4)

2.2 Cancellations notified less than 5 business days before our 1 (one), 2 (two) or 3 (three) day short courses will not receive a refund.

2.3 Cancellations notified in writing more than 14 business days before the start of our 5 day intensive courses are eligible for full refunds.

2.4 Cancellations notified in writing more than 30 business days before the start of our guest chefs and master class courses are eligible for full refunds.

2.5 Cancellations notified within 14 business days prior of our 5 day intensive courses will not receive a refund.

2.6 Cancellations notified within 30 business days prior of our guest chefs and master classes will not receive a refund.

2.7 If a program is cancelled by the Australian Patisserie Academy, you are entitled to a full refund.

2.8 Refunds will be made to the original credit card only.

3. Refunds due to illness

Students who are requesting a refund less than 5 business days before our 1 (one), 2 (two) or 3 (three) day short courses due to an illness must provide us with a medical certificate.

Students who are requesting a refund less than 14 business days before the start of our 5 day intensive courses due to an illness must provide us with a medical certificate.

4. General Information Courses

4.1 The program prices, dates and times are subject to change without notice, please check with the Australian Patisserie Academy offering the program.

5.Rights and Responsibilities

Australian Patisserie Academy is part of TAFE NSW and is governed by the policies and procedures that the organisation sets down. When you enrol in an Australian Patisserie Academy course you are automatically enrolled in TAFE NSW.

TAFE NSW students have rights and responsibilities which they need to be aware of.

Know your rights and responsibilities and what you can expect from TAFE NSW.

Online Shop terms and conditions

1 General

1.1 Welcome to the online shop located at www.theapa.edu.au (Site or Online Shop), a shopping website where you can browse, select and purchase products displayed on the Site. The Site is operated by the Australian Patisserie Academy (we or us), which forms part of The Technical and Further Education Commission (ABN 89 755 348 137).

1.2 Your purchase of goods from www.theapa.edu.au is subject to these terms and conditions (Online Shop Terms) and our general website terms and conditions. We will also collect, hold, use and disclose all personal information in accordance with our privacy policy.

1.3 By accessing and using the Site, you are deemed to confirm your acceptance of these Online Shop Terms. If you do not accept these Online Shop Terms, you must refrain from using the Online Shop or making a purchase from this Site, however your browsing of our Site will still be governed by our general website terms and conditions and privacy policy referred to in clause 1.2 above.

2 Prices and products

2.1 The sale of products through the Online Shop is for your private and personal use only, in normal and reasonable household quantities.

2.2 All prices are in Australian dollars. Prices include GST unless indicated otherwise (for example where the relevant goods do not attract GST, or the goods are for delivery outside of Australia) but are otherwise exclusive of all taxes.

2.3 We may vary the prices on the Site at any time without notice to you, and the prices are subject to change until you have paid for the products in full. Payment is by Visa or MasterCard only and additional merchant fees may apply.

2.4 While we will take reasonable steps to ensure the availability of the Online Shop and the accuracy of the information displayed there, the Online Shop and its contents are provided on an “as is” and “as available” basis. We reserve the right to correct any errors published on the Site and to suspend access to the Site, without notice.

3 Orders

3.1 You may order products by selecting and submitting your order through the Site in accordance with these Online Shop Terms. You must be at least 14 years of age to place an order with us.

3.2 You do not need to register with us in order to place an order, however where we offer users the option of registering an account with us you should note that we may only be able to offer you reduced functionality if you choose not to register.

3.3 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including, without limitation, all applicable delivery and other charges and taxes) at the time you place the order. While we may take certain preliminary procedural steps (e.g. process your order, provide you with an order number and/or charge your payment method), we do not actually accept your offer until we have confirmed stock availability and shipped your product. If we need to cancel your order, we will do so in accordance with clause 3.7.

3.4 Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products.

3.5     You acknowledge that:
    (a) we will have no liability to you for any delays or losses resulting from you providing us with inaccurate, incomplete or out of date information. We may charge your payment method for any costs incurred by us for ‘return to sender’ fees, or similar;
    (b) once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Online Shop Terms, or otherwise agreed to by us in writing;
    (c) the transmission of your order or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s reasonable control, including, without limitation, to electronic failure, mechanical, software, computer or telecommunications, or the omission or failure of third party website providers or systems;
    (d) we may act on and process all completed electronic instructions transmitted or issued through the Site without further consent from or reference to you; and
    (e) we may treat an electronic instruction as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy or completeness of such electronic instructions.

3.6 We reserve the right to accept or reject an order in our sole discretion, including, without limitation, unavailability of product, an error in the price or product description, or an error in your order.

3.7 If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

4 Customer pick-up and Delivery

Customer pick-up

4.1 Customer pick-up is available for orders where the ‘pick-up’ option has been selected at the check-out of the Online Store.

4.2 Where selected, you may pick-up your ordered products from the Ryde Campus, at 250 Blaxland Road, Ryde NSW 2112 at least 48 hours after you receive confirmation from us to do so. Where your order relates to perishable goods, you may only obtain your ordered products by way of pick-up. If you do not pick up your perishable goods within 72 hours of such confirmation from us, we will securely dispose of those goods without refund to you.

Delivery within Australia

4.3 All items are dispatched via the Australia Post service. We do not accept any liability for dispatched goods once they have been picked up by Australia Post or any other shipping agent. It is your responsibility to contact the shipping agent to follow up on any lost, damaged or stolen parcels once they have been dispatched from our premises.

4.4 We use all reasonable efforts to dispatch orders within 10 business days of the purchase date, after which all delivery times are in accordance with Australian Post service (and may be greater than 7 business days after despatch for regional or remote areas), however, we do not guarantee that any of these timeframes will always be met.

4.5 We offer an express postal service on check-out. Please note that this option is limited to select metropolitan areas only. Please feel free to contact us prior to placing your order to check availability of service and estimated delivery times: nsi.apa@tafensw.edu.au.

4.6 We are not liable for any loss or damage resulting from late delivery or non-delivery (including, without limitation, where it arises due to you providing inaccurate, incomplete or out of date information) and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt, as well as an option to select insurance.

Delivery outside Australia

4.7 We can deliver parcels to international destinations via the Australia Post network. Shipping cost will be calculated on the destination country and total weight of order and priced at check-out. Check-out prices will not include customs duties, foreign taxes or any other fees. You are responsible for the payment of any additional charges required by the customs agency of the destination country. Please contact your customs agency prior to placing your order with us for details.

5 Refunds and Returns

5.1 Subject to clause 6 and our Refund Policy, no refunds are provided for incorrect choices or change of mind unless otherwise agreed by us.

5.2 In the event that you have received a faulty product, please contact us at nsi.apa@tafensw.edu.au to discuss replacement or return of the item. Subject to clause 6 and our Refund Policy, all products need to be returned in their original packaging within 14 days of providing written notification to us.

6 Liability

Consumer guarantees and our liability to you

6.1 The Australian Consumer Law (ACL) as set out in the Competition and Consumer Act 2010 (Cth) (CCA) provides consumers with certain ‘consumer guarantees’. These guarantees apply where the goods and services we supply you are of a kind ordinarily acquired for personal, domestic or household use and are not re-supplied by you.

6.2 Where our liability with respect to any statutory rights under the ACL and/or the CCA cannot be excluded, but may be restricted or modified by agreement, our liability is limited to: (a) in the case of products: our choice of replacing the products or supplying equivalent products; repairing the products; paying the cost of replacing the products or of acquiring equivalent products; or, paying the cost of having the products repaired, and (b) in the case of services, our choice of supplying the services again; or, paying the cost of having the services supplied again.

6.3     To the maximum extent permitted by law:
    (a) we exclude all liability for any loss, liability, damage or expense (whether direct or indirect) which may be suffered by you or any third party, arising from or in connection with your access and use of the Online Shop (including, without limitation, the purchase, receipt and use of any goods sold through the Online Shop) or your information or material being transmitted over our systems; and
    (b) we exclude and make no warranties, representations, statements or guarantees regarding the Online Shop or any goods displayed there or sold through the Online Shop.

7 General

Governing law

7.1 These Online Shop Terms are governed by the laws of New South Wales, Australia.

Entire Agreement

7.2 These Online Shop Terms, together with any additional terms and conditions set out or referred to on the Online Shop, constitute the entire agreement between the parties relating to its subject matter.

Variation

7.3 We may, from time to time, amend or update these Online Shop Terms without notice to you. If we amend or update these Online Shop Terms we will take such steps as are reasonable in the circumstances to bring this to your attention, however your continuing and ongoing use of the Site will indicate your agreement to the amended or updated Online Shop Terms.

Waiver

7.4 A right created by these Online Shop Terms may only be waived in writing by the party giving the waiver, and the failure to exercise a right or remedy provided by these Online Shop Terms or by law does not waive the right or remedy. A waiver of a breach of these Online Shop Terms does not waive any other breach.

Severability

7.5 If any clause (or part of any clause) in these Online Shop Terms is held by a court to be illegal, void or unenforceable, that clause (or part of a clause) is to be regarded as having been deleted from these Online Shop Terms, and the remainder of these Online Shop Terms otherwise remain in full force and effect.