GENERAL TERMS AND CONDITIONS FOR ONLINE SHOP WWW.TAKE-A-CAKE.EU
I. GENERAL TERMS
1. These terms and conditions (the “General Terms”) regulate how the online shop www.take-a-cake.eu (the “Online Shop”) can be used and how customers can make purchases via the Online Shop.
2. The Online Shop is owned by: Take a Cake OOD, UIC 201219878, VAT No. BG201219878, address: 1582 Sofia, l.q. Druzhba 2, bl 405, entr. A, 2nd floor, app. 6, represented by Elitza Tumneva, tel. 0888409609, e-mail: firstname.lastname@example.org (the “Merchant”)
3. In case of questions you may also use the request form Contact us in the Online Shop. This form you may find below the goods’ descriptions under ‘Have a question?’
6. To make purchase via the Online Shop you have to make an order by choosing the good you wish and specifying its type and quantity.
7. Beside each good’s picture you may find: its exact description, ingredients with appointed allergens, nutrition facts, sale price per unit or set with VAT included.
8. Order can be made as follows:
i. For today (the day of the order) – the goods, which you can order for the same day, are marked with blue icon with a clock and you have to make the order until 4 pm on the day of the; or
ii. For tomorrow (the next day) – the goods, which you can order for the next day, are marked with orange icon of calendar and you have to make the order until 4 pm on the day of the order; or
iii. For every other day you may order by choosing date and time without limitation; or
iv. With request – the goods, which you can order with request, are marked with purple icon of text massage. In this cases, send request to us by using the form under ‘Submit request’. The delivery or the collection of the goods at a bakery will be fixed upon sending the request. When it is explicitly said beside the good you may also order a sample.
9. The minimum order quantity is 6 standard-sized or 24 party (mini) cakes or muffins.
10. You may find additional information how to make the order as well as the delivery/collection terms and conditions next to the description of the good.
11. For each good it is described how you can order it:
i. By ordering single goods you may choose and add the number you wish in a box at your choice by using ‘Add to your selection’. Within the next step you have to choose the type of box you wish. In the box you may add goods with other flavours, choose their number and change them. Within third step you have to choose date and time for delivery. You may also add greeting card, cupcake stand and/or certificate of quality, if you wish. Within the third step you will also see the total sale price of your choice (VAT incl.) and afterwards you may add it to your basket by using ‘Add to basket’.
ii. You may also choose set of goods as they are offered on the Online Shop by choosing (if the set does not require request): number of sets, date and time for delivery, greeting card, cupcake stand and/or certificate of quality, if you wish, and afterwards you may add your choice in the basket by using ‘Add to basket’.
12. In your basket you will receive information about your order: type of good, quantity, end sale price with VAT incl., date and time for delivery or collection. You may also apply a promo code.
13. You may continue with the shopping, edit your order or complete it by pressing ‘Order to address or pick up from bakery’.
14. To complete your order you have to checkout either as ‘guest’ or through your profiles in Google, Facebook or in the Online Shop. You may register here. Afterwards you may choose how to get you order – to be delivered at address provided by you or to be picked up at a bakery chosen by you. You may also write a greeting, if you pick up a greeting card. Here, you have to choose the form of payment. At the end, you may review your order again and edit it, if you wish so. At this stage you will get information about the total sale price of your order which will include the sale price of the chosen good, accessories and the delivery price, if you chose this shipping method.
16. The Merchant preserves the right to refuse an order, if the respective goods are not available or cannot be prepared on time. In this case, the Merchant will inform you about it within the same working day by email or telephone call. If you paid the order in advance, you may withdraw it and receive the paid amount back, or you may receive other substitute goods.
III. DELIVERY OF THE ORDER
17. We may fulfil your order by:
i. Delivering it to an address in Sofia provided by you; or
ii. Delivering it at a bakery of Take a Cake OOD in Sofia at your choice.
18. The Merchant executes the orders every day from 8 am to 8 pm.
19. The price of delivery to an address depend on the zone where the address is. More information about the prices you may find here.
20. You do not pay costs for delivery when you pick up the order at a bakery.
21. The Merchant bears the risk of goods’ damages caused during the delivery. When the order is delivered to you or to a person appointed by you, the risk is passed to you.
22. At the time of delivery you or the person appointed by you have to examine the goods for compliance with the order in view of type of goods, quantity and quality. If there are no discrepancies, you sign in a daily protocol for deliveries next to your order and by this you confirm you receive your order without objections. If you find discrepancies, you have to indicate them in a separate protocol which our deliverer or employee at the bakery will give you. The protocol for discrepancies has to be signed, in two copies, in the presence of the deliverer or our employee at the bakery. If the delivery does not comply with the order, you may withdraw the order and to receive the paid amount back, or to receive another substitute delivery without additional costs.
23. If we do not deliver the order at the time appointed by you, you may request we to deliver it within additional time period. If you have interest to receive the order at the time initially specified, you may withdraw the order and receive the paid amount back. The Merchant is not liable for not delivery or late delivery, if you provided wrong address, contact person and/or telephone number, or also if we fail to find a person who can accept the delivery at the address provided, or nobody pick up the order from the bakery, or if the late delivery is caused by unexpected circumstances out of the Merchant’s will.
24. Prices announced in the Online Shop are sale prices with VAT included.
V. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
25. You as a customer of the Online Shop may look at and order the goods shown in the Online Shop.
26. You have right to request information about the status of your order.
27. You are liable for the protection of your username and password, if you are registered in the Online Shop, as well as for all actions taken by you or by third person while using them. You have to notify the Merchant immediately for every unlawful access through your username and password as well as always when such risk exists.
28. Every user of the Online Shop has the following obligations while using it:
i. to comply with the applicable Bulgarian and foreign legal acts, the good manners and the Internet ethics;
ii. not to load, send, transmit, circulate or use in any way and to make public to third persons software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorized remote control (“Trojan horses”), computer codes, or materials aiming to interrupt, impede, violate or limit the normal functioning of the computer hardware or software or telecommunication equipment or aiming to unlawfully access to resources and software of third persons;
iii. not to perform malicious actions;
iv. to compensate the Merchant and other third persons for all damages and losses, including costs and paid lawyers’ fees, which are result from violation of the law, these General Terms, the good manners or Internet ethics.
29. For the purposes of the order you have to provide precise and valid telephone number, address for delivery and email address, to pay the price of the goods and delivery costs as well as to ensure the receiving of the order.
VI. RIGHTS AND OBLIGATIONS OF THE MERCHANT
30. The Merchant do not have to and cannot control how the user uses the Online Shop.
31. The Merchant has the right to cancel, cease or change the services provided via the Online Shop within prior notification when the users use the Online Shop in violation of the applicable law, these General Terms, the good manner and the Internet ethics, as well as every time this is considered as necessary by the Merchant.
32. The Merchant is not liable for the content of links or information which the users of the Online Shop reach through it.
33. The Merchant has to deliver the order within the requested time and in a condition which allows its regular use.
34. The Merchant is not liable for damages which are not direct and immediate consequence of the Online Shop’s use.
VII. AMENDMENTS AND DISPUTES
35. These General Terms as well as the offered services and goods might be amended by the Merchant any time when the Merchant considers this necessary due to amendments in the applicable law, market conditions or Merchant’s supply conditions. Merchants has to notify the customers in appropriate manner.
36. All disputes will be resolved with understanding and in a good faith. If agreement cannot be reached, the dispute will be resolved by the competent court pursuant to the Bulgarian legislation.
37. The General Terms are prepared in Bulgarian and English.
These General Terms and Conditions for the Online Shop www.take-a-cake.eu are updated by 01.01.2019.