TERMS AND CONDITIONS
Last Updated: 26th November 2025
Introduction and Acceptance
Welcome to Pastels! These Terms and Conditions constitute a legally binding agreement between you (the "Customer") and Pooja Shankar trading as Pastels, NZBN 9429052924941 (referred to as "we," "us," "our," or "Pastels"). By accessing our website at www.pastels.nz, placing an order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
If you do not agree with any part of these terms, you must not use our website or services. Your continued use of our website or services following any modifications to these terms constitutes acceptance of those changes.
Business Information
Trading Name
Pastels
Legal Entity
Sole trader operated by Pooja Shankar
Business Location
New Lynn, Auckland, New Zealand
NZBN
9429052924941
Contact
Email: info@pastels.nz
Website: www.pastels.nz
Nature of Business
Pastels is a boutique dessert brand specialising in handcrafted cakes, pastries, and baked goods. All products are made to order with careful attention to quality and presentation.
Orders and Order Acceptance
Placing Orders
Orders may be placed through our website, email, phone, or direct message via social media platforms. All orders are subject to acceptance at our sole discretion.
Order Confirmation
An order is not confirmed until you receive written confirmation from us (via email or other written communication) and full payment has been received. We reserve the right to decline any order for any reason, including but not limited to unavailability of ingredients, capacity limitations, scheduling conflicts, design feasibility concerns, or orders that conflict with our artistic or operational standards.
Minimum Notice Periods
Standard products require a minimum of 24 hours' notice. Custom cakes and speciality items require a minimum of 72 hours' notice. Complex or intricate designs may require significantly more preparation time, which will be communicated to you during the consultation process. Rush orders may be accommodated at our discretion and may incur additional fees.
Order Modifications
Requests to modify an order must be made as early as possible. We will make reasonable efforts to accommodate changes, but modifications cannot be guaranteed once production has commenced. Changes made within 48 hours of the scheduled pickup or delivery time may not be possible and may result in additional charges.
Custom Cake Consultations
For custom cakes, a design consultation or discussion is typically required before a final price is determined. Once you accept the quote and make full payment, your order will be confirmed and added to our production schedule.
Order Capacity
We accept a limited number of orders per day to maintain quality standards. During peak periods (including but not limited to Christmas, Valentine's Day, Mother's Day, Easter, and wedding season), orders may need to be placed further in advance. We will notify you if your preferred date is unavailable.
Payment Terms
Payment Required
Full payment is required in advance for all orders. Your order will not be confirmed or commence production until payment is received and cleared in our account.
Accepted Payment Methods
We accept the following payment methods: Bank transfer (direct deposit), Stripe (online credit/debit card payments), and EFTPOS (for in-person pickup payments). Cash payments may be accepted at our discretion for in-person pickups.
Currency
All prices are listed in New Zealand Dollars (NZD) and are inclusive of GST where applicable.
Payment Processing Fees
Third-party payment processors (including Stripe, PayPal, and bank transfer services) may charge transaction or processing fees. These fees are deducted by the payment provider before funds reach us. In the event of a refund, payment processing fees are non-refundable as they are not returned to us by the payment provider.
Pricing and Quotes
All prices quoted are valid for 7 days from the date of quotation unless otherwise specified. Prices are subject to change based on ingredient costs, design complexity, size adjustments, and other factors. Once an order is confirmed and paid in full, the price is locked and will not change.
Product Quality and Design
Handmade Nature of Products
All products are handmade, and as such, minor variations in appearance, colour, decoration, texture, size, and finish are normal and expected. While we strive for consistency and accuracy, no two handmade items are identical.
Design Replication
We will make every reasonable effort to replicate requested designs as closely as possible. However, exact replication cannot be guaranteed due to the handmade nature of our products, ingredient availability, natural colour variations in food products, differences in screen display settings, and artistic interpretation of design requests.
Design Variations
Minor variations in the following areas are considered normal and acceptable and do not constitute grounds for refund or complaint: colour shades and intensity, decoration placement and size, texture and finish, piping details, fondant or icing smoothness, hand-sculpted or hand-piped elements, and natural variations in fruit, flowers, or other fresh ingredients.
Ingredient Substitutions
We reserve the right to substitute ingredients of equal or greater quality if the specified ingredient is unavailable. We will inform you of significant substitutions where possible, but minor substitutions may be made without notice.
Edible Decorations and Non-Edible Items
Some decorations may be non-edible, including but not limited to wires, dowels, structural supports, plastic or paper decorations, fresh flowers (unless specified as edible), and certain metallic or lustre finishes. It is the customer's responsibility to remove non-edible items before consumption.
Customer Obligations
Accurate Information
You must provide complete and accurate information when placing an order, including delivery address, contact phone number, pickup/delivery date and time, dietary requirements or allergies, design specifications and preferences, and any other relevant details.
Timely Communication
You must respond promptly to any requests for information, clarification, or confirmation from us. Delays in communication may impact our ability to complete your order as requested.
Compliance with Laws
You agree not to use our products or services for any unlawful purpose or in any way that violates these Terms and Conditions or applicable laws and regulations.
Intellectual Property Rights
Ownership of Content
Unless otherwise stated, all intellectual property rights in the content, design, and materials on our website and in our products belong exclusively to Pooja Shankar trading as Pastels. This includes but is not limited to brand name, logos, trademarks, product photography, cake designs, website design, and written content.
Restrictions on Use
You may access and view our website for personal, non-commercial use only. You must not copy, reproduce, republish, distribute, sell, rent, or commercially exploit any content without prior written permission.
Photography and Social Media
Products purchased from Pastels are for personal consumption only. You may photograph and share images of your purchased products on personal social media accounts, provided you credit Pastels appropriately.
Use of Customer Images
By placing an order, you grant us a non-exclusive, royalty-free license to photograph your completed order and use those images for marketing purposes. If you do not wish for your order to be photographed or shared publicly, please inform us at the time of ordering.
Limitation of Liability
Maximum Liability
To the maximum extent permitted by law, our total liability for any claim arising from your order or use of our services is strictly limited to the total amount paid by you for that specific order.
Exclusion of Consequential Damages
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business opportunities, disappointment, emotional distress, costs of alternative arrangements, event cancellation costs, travel expenses, or any other economic or non-economic losses.
Exclusions from Liability
We are not responsible for damage or spoilage occurring after pickup or delivery, allergic reactions or health issues, dissatisfaction with subjective matters such as taste, issues arising from failure to follow storage instructions, damage caused during customer transportation, delays caused by events beyond our control, or third-party service failures.
Force Majeure
We are not liable for any failure or delay due to events beyond our reasonable control, including acts of God, natural disasters, pandemics, government restrictions, power failures, equipment breakdowns, supply chain disruptions, or labour disputes. In such cases, we may cancel orders and provide full refunds, but our liability is limited to the refund amount only.
Consumer Guarantees Act 1993
Where applicable, the Consumer Guarantees Act 1993 provides certain guarantees regarding the quality and fitness of goods and services. For personal or household purchases, your rights under this Act remain in full effect.
Complaints and Dispute Resolution
Raising Concerns
If you have any concerns or complaints, please contact us at info@pastels.nz. We are committed to addressing issues fairly and promptly.
Dispute Resolution Process
Disputes will be resolved through: (1) Informal negotiation, (2) Mediation (costs shared equally), and (3) Disputes Tribunal or New Zealand courts if necessary.
Governing Law
These Terms and Conditions are governed by the laws of New Zealand and subject to the exclusive jurisdiction of New Zealand courts.
General Terms
Entire Agreement
These Terms and Conditions, together with our Privacy Policy and other related policies, constitute the entire agreement between you and Pastels.
Amendments
We reserve the right to modify these terms at any time. Changes are effective immediately upon posting with an updated "Last Updated" date.
Severability
If any provision is found invalid, the remaining provisions remain in full force and effect.
Related Policies
Please also refer to our separate policies for detailed information:
Privacy Policy
Delivery and Pickup Information
Cancellation and Refunds Policy
Allergen Information
Contact Information
Pastels
Owner: Pooja Shankar
NZBN: 9429052924941
Email: info@pastels.nz
Website: www.pastels.nz
Location: New Lynn, Auckland, New Zealand
or you can contact us by submitting the form here.
