General conditions

These terms and conditions of sale of the My Cake OÜ e-store (hereinafter: e-store) (hereinafter: terms and conditions) are valid when purchasing from the My Cake OÜ e-store from the internet address www.mycake.ee. The seller of the products is My Cake OÜ (hereinafter: the Seller), address Mere pst 4 Tallinn 10151, registry code 11281580, e-mail address info@mycake.ee. The terms and conditions regulate the legal relations that arise between the Seller and the buyer of products in the e-store (hereinafter: the Customer).
The Seller has the right to unilaterally change and supplement the terms and conditions by publishing the new terms and conditions on the internet address www.mycake.ee. If the Customer submitted the order before the amendments to the terms came into force, the terms and conditions in force at the time of submitting the order shall apply to the legal relationship between the Customer and the Seller.
When using the e-store in a language other than Estonian, the terms and conditions are also reflected in the respective language. In case of differences in translations, the Estonian text shall prevail.
The Customer agrees with the provisions of the terms and conditions for confirming the order from the e-store.
The pictures of the products in the e-store are illustrative.
In addition to the conditions, the legislation in force in the Republic of Estonia applies to making a purchase from the e-store.

Submitting/placing the order

Orders can be submitted from the e-store, either by logging in as a registered Customer or as an unregistered Customer.
The customer selects the desired product (s) from the e-store and adds it to the shopping cart.
The prices of the products in the e-store are given in euros and include VAT.
The prices displayed in the e-store apply to the products at the time of purchase. If the sales price has changed at the time of receipt of the product, the price valid at the time of placing the order will remain in force.
The fee for delivery of the goods depends on the location of the Customer and the method of delivery. The delivery fee is displayed to the Customer when ordering.
Alcoholic products are sold only to adult Customers who have confirmed that they are at least 18 years old when submitting the order, and this will be additionally checked upon delivery of the order.
Also, non-alcoholic beer, cider and wine are sold only to adult Customers who have confirmed that they are at least 18 years old when submitting the order, and this will be additionally checked upon delivery of the order.
The Customer checks the product (s) in the shopping cart and if there are no errors in the order (unwanted goods, quantities, etc.) the Customer goes to the checkout. However, if errors occur, the Customer can correct them by removing or adding products and quantities.
The Customer chooses the date and time of receipt of the order, the number of people, special wishes and the method and place of delivery (either by courier service or by the respective restaurant). The earliest time of receipt depends on the workload of the respective restaurant and is automatically displayed on the website for both the courier service and the arrival to the respective restaurant.
The Customer confirms the order and pays for the entire order whether:
(a) In payment environments offered by the Seller:
• Estonian banking links: Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay;
• Visa / Mastercard card payments;
(b) on receipt of the order by card payment;
(c) on receipt of the order in cash.
Before payment, the Customer checks that the products, quantities and prices reflected in the order correspond to the Customer's actual wishes.
When paying with a bank link, be sure to click the "Back to merchant" button on the bank's page.
The Seller will send an automatic e-mail to the Customer regarding the receipt of the order and payment (if payment is made upon submission of the order).
Payments are mediated by Montonio Finance UAB. Payment takes place outside the e-shop in a secure environment - when paying with a bank link in the secure environment of the respective bank and when paying with a credit card in the secure environment of Montonio Finance UAB. The Seller does not have access to the Customer's bank and credit card data. The agreement enters into force upon receipt of the amount due to the current account of the e-store.
The owner of the online store is the chief processor of personal data and forwards the personal data necessary for making payments to the authorized processor Montonio Finance UAB.
If, after confirming the order, the Customer discovers that there are errors in the order, the Seller must be contacted immediately, either by e-mail or by contacting the respective restaurant by phone where the order was placed.
The Seller will start fulfilling the order once the Customer has confirmed the order.
In the case of courier service, the products are transported either by the Seller's own courier or by contractual partners.
The Seller has the right to cancel the execution of the order by notifying the Customer thereof, either by e-mail or telephone, together with the reason for the cancellation. If the Seller cancels the execution of the order, the cost of the order will be refunded (if the payment has been made upon submission of the order).

Receipt and verification of the order

Orders can be received from the respective restaurants or delivered by courier to the address indicated by the Customer.
Receiving orders from restaurants
Orders from the restaurants are issued on all days of the week according to the restaurant's opening hours. If there are any changes in the issuance of orders and opening hours, they are marked on the website www.mycake.ee.
Orders are available in restaurants from the time of receipt specified in the order.
The Customer will receive the order upon presentation of an identity document (ID card, passport, driver's license, residence permit) or name and order number.
The Seller shall not be liable for the damage caused to the Customer if, for reasons not attributable to the Seller, third parties have obtained a unique order number and have received the order on the basis thereof.
If the order contains alcoholic beverages, they will only be handed over to an adult (required recipient document). If the Customer does not submit the document or if the Customer is a minor, the Seller has the right not to hand over the aforementioned products.
The Seller keeps orders until the end of the day (until the closing of the respective restaurant). If the Customer arrives after the order later than the time specified in the order, he must take into account the possible decline in quality (the food may no longer be so fresh or warm, etc.). If the Customer does not pick up the order within a day, the Customer is considered to have canceled the order and the Seller does not return the cost of the order to the Customer (if the payment has been made upon submission of the order).

Receiving orders by courier

To receive orders by courier at the desired address, you must select the date and time when placing the order and specify the address. Orders are delivered by courier on all days of the week according to the restaurant's opening hours. If there are any changes in the receipt of orders by courier or during the opening hours of restaurants, they are indicated on the website www.mycake.ee
When receiving orders by courier, a service fee / courier fee will be added to the invoice according to the distance / area of the restaurant and the location.
The courier service can be used in the Republic of Estonia. If the Customer has doubts as to whether the courier service covers a specific area, the Seller must be contacted by e-mail or telephone and the fact must be specified.
The customer must ensure that the order is accepted at the time and address indicated in the order. If the Customer does not answer the phone and / or does not guarantee acceptance of the order when the courier arrives at the Customer's location or due to another circumstance on the part of the Customer it becomes impossible to deliver the order at the agreed time, the Seller considers that the Customer has canceled the order. The Seller does not return the cost of the order to the Customer (if the payment has been made upon submission of the order).
If the order contains alcoholic beverages, they will be handed over only to an adult (required recipient's document) and the courier has the right to check the identity document of the person receiving the order. If the Customer does not submit the document or if the Customer is a minor, the courier has the right not to deliver the aforementioned products.
Upon receipt of the order, the Customer has the right to cancel the order only if there are defects in the order (damaged goods or incorrect goods).
If the order is not delivered on time due to circumstances arising from the Seller, the Customer will be notified of this using the contact details provided in the order, while agreeing on a new time. If no agreement is reached in the new time, the Customer has the right to cancel the order and the Seller will return the cost of the order to the Customer (if the payment has been made upon submission of the order).

Product inspection

Upon receipt of the order, the Customer is obliged to check the conformity of the products to the order immediately. Complaints are generally resolved upon delivery of the products. If it is not possible to immediately identify the defects, the Seller will be notified immediately by e-mail or telephone about the non-compliant products (eg damaged products, non-ordered products, etc.) and, if possible, take a photo to identify a specific non-conformity.
Upon receipt of the order by courier, products that do not match the order found upon receipt must be returned to the courier immediately.
Processing of customer's personal data and direct marketing
The e-store uses the personal data entered by the Customer only to process the order and to deliver the goods to the Customer. The e-store transmits personal data to courier companies in order to deliver products.
The e-store sends newsletters and offers to the Customer to the Customer's e-mail address only if the Customer has expressed a wish by entering the e-mail address in the e-store and has announced his / her wish to receive direct mail notifications.
The Customer can cancel offers and newsletters sent to e-mail at any time by notifying the Seller by e-mail or by following the instructions in the e-mail containing the offers.

Use of cookies

The e-store uses cookies. A cookie is a small text file that is automatically stored on the device used by the Customer. Cookies are used to collect information about how the Customer uses the e-store in order to provide the Customer with a better user experience.

Right of withdrawal

The right of withdrawal does not apply if the buyer is a legal person.
According to the legislation of the Republic of Estonia and the European Union, the consumer's right to withdraw from the contract and return the goods does not extend to alcoholic beverages.
Pursuant to the Law of Obligations Act (§ 53 (4)), the right of withdrawal does not apply to products which, due to their nature, cannot be returned, including perishable products such as prepared food.
If the goods do not correspond to the order, the Seller must be notified immediately upon receipt of the goods orally or by e-mail or telephone, and, if possible, a photograph must be taken to identify a specific defect. The costs of replacing or returning a non-compliant order shall be borne by the Seller.
If the goods do not correspond to the order, the Customer has the right to demand the replacement / rounding of the order or demand a refund. In this case, a refund is made within 14 days.

Order cancellation

The order can be canceled if the Customer contacts the Seller by e-mail info@mycake.ee or by calling the relevant restaurant before the Seller has sent out the order or started manufacturing. If the order has already been made, the order has already been completed in the respective restaurant or has already been sent by courier from the respective restaurant, it is not possible to cancel the order.

Settlement of disputes

In case of an improper order, a complaint can be submitted by e-mail to info@mycake.ee or by phone. The claim must state the name and contact details of the Customer, the date of submission of the claim, the defect in the product and the content of the claim to be submitted, and attach a document certifying the purchase.
The Seller shall not be liable for any damage or any other consequences arising from incorrect information provided by the Customer during the execution of the order, including delay in delivery, if it is due to circumstances beyond the Seller's control.
Disputes arising between the Seller and the Customer shall be resolved by the parties through negotiations. If the agreement is not reached, the Customer has the right to apply to the Consumer Protection Board and the Consumer Disputes Committee for out-of-court settlement of the dispute or to the Harju County Court.