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TERMS AND CONDITIONS

  1. INTRODUCTION
    This document and all documents referred to herein establish the Terms and Conditions governing the use of the website www.lilycake.es (hereinafter, the “Website”) and the purchase of products on it. We ask that you carefully read these Purchase Conditions, our Cookies Policy and our Privacy Policy before using this Website. By using this Website or placing an order through it, the web user (hereinafter, the “User”) agrees to be bound by these Purchase Conditions and by our Privacy and Cookies Policies. For any questions related to the documents indicated, the User can contact us through our email info@lilycake.es
  2. OUR DATA
    Purchases made on this Website are made under the name Lily Cake by LILY CAKE BARCELONA, SL (hereinafter, “Lily Cake”) as a Spanish company with registered office at C/ del Bruc, 34, L'Eixample, 08010 Barcelona, Spain, with telephone number +34 932 466 455 and email info@lilycake.es
  3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
    The information or personal data provided by the User will be treated in accordance with the provisions of the Privacy and Cookies Policies. By using this Website, the User consents to the processing of said information and data and declares that all information or data provided to us is true and corresponds to reality.
  4. USE OF OUR WEBSITE
    By using this Website and placing orders through it, the User agrees to:
    • Use this Website only to make legally valid inquiries or orders.
    • Do not place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
    • Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the necessary information, we will not be able to process your order.
    • By placing an order through this Website, the User declares to be over 18 years of age and to have the legal capacity to enter into contracts.
    • Registered Users may post comments or reviews about their purchases or experiences. Lily Cake reserves the right to delete any comments that are inappropriate or offensive and to delete any comments originating from unauthorised spam mass mailings that attempt to invade the Website.
  5. SERVICE AVAILABILITY
    The items offered through this Website are only available for shipping in Spain (mainland only) and the European Union. If you wish to place an order from this Website for shipping to another country, you must first contact us by email. info@lilycake.es and we will advise you accordingly.
  6. HOW TO PLACE AN ORDER
    To place an order, the User must select all the products and the desired quantity to add to the cart. By clicking on “Checkout” the User will be taken to the Cart page where he/she will be able to see all the items he/she has selected. Here he/she will be able to modify or cancel the products he/she wishes to purchase and the possibility of using a promotional code. By clicking on “Checkout” again he/she will be taken to the Checkout page where the User must fill in his/her personal data, billing and delivery addresses, shipping and payment methods. Once all the data has been entered and the terms and conditions of purchase have been accepted, by clicking on “Accept payment”, he/she will receive an email acknowledging receipt of his/her order with the corresponding Order Confirmation.
  7. TECHNICAL MEANS TO CORRECT ERRORS
    In the event that the User detects that an error has occurred when entering their personal data during registration on this Website, they may modify it in the “My Account” section. In any case, the User may correct errors related to the personal data provided during the purchase process by contacting our email address info@lilycake.esDuring the purchasing process, confirmation windows are displayed in various sections of the purchasing process that do not allow you to continue with the order if the data in these sections have not been provided correctly. Likewise, this Website offers the details of all the items that you have added to your basket during the purchasing process, so that before making the payment the User can modify them. If the User detects an error in their order after completing the payment process, they must immediately contact us at the following email address: info@lilycake.es to correct the error.
  8. PRODUCT AVAILABILITY
    All orders are subject to product availability. If there are any difficulties in supplying products or if there are no items in stock, we will refund any amount that the User may have paid.
  9. SHIPPING AND DELIVERY CONDITIONS
    Lily Cake only ships within European territory with some exceptions and depending on the type of product. For shipments to other countries, the User must first contact our email info@lilycake.es and we will inform you accordingly. The User must clearly specify the delivery address for each order and a contact telephone number. Otherwise, the address with which the User registered on the Website will be used. The User must indicate the date and time interval for delivery of the order. Lily Cake will do everything within its power to carry out the delivery under the conditions requested. Otherwise, Lily Cake will inform the User of the final date and time. If the delivery date and time are not specified, Lily Cake will deliver depending on the stock or the manufacturing time of the product. If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also contact the User explaining where the order is and how to have it sent again. If the User or the indicated recipient is not going to be at the delivery location at the agreed time, please contact us in advance by email info@lilycake.es to arrange delivery on another day. For the purposes of these Purchase Conditions, "delivery" or the order being "delivered" shall be deemed to have taken place at the time when the User or a third party indicated by him acquires physical possession of the products, which shall be accredited by the signature of receipt of the order at the agreed delivery address. Lily Cake shall not assume any liability for any damage or loss arising from delays in requested deliveries. Shipping costs may vary depending on the total amount of the order, the time of year and whether the goods must be refrigerated. The shipping costs indicated on the Website at the time of purchase shall prevail.
  10. TRANSFER OF RISK AND OWNERSHIP
    The risks of the products will be borne by the User from the moment of their delivery. You will acquire ownership of the products when we receive full payment of all sums due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later.
  11. PRICE AND PAYMENT
    The prices on the Website are expressed in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially in relation to VAT. Shipping costs, if applicable, are also included. Prices may change at any time, but possible changes will not affect orders placed for which Lily Cake has sent an Order Confirmation. Once the User has selected all the items they wish to purchase, these will be added to their basket and the next step will be to process the order and make the payment. To do so, they must follow the steps of the purchasing process, filling in or checking the information requested at each step. Likewise, during the purchasing process, before making the payment, they can modify the details of their order. In addition, if you are a registered User, you will have a detail of all the orders placed in the My Account section. The accepted payment methods are by credit or debit card of the Visa or Mastercard type, PayPal, Samsung Pay, Apple Pay and Google Pay. To ensure the security and confidentiality of all credit or debit card data of the User, Lily Cake has the integration in the PAYCOMET application to which it links a user ID to an account within payments where they are associated with the stored card data. In this way we guarantee a clean and secure process. For more information about the payment platform you can visit the website www.paycomet.com Credit or debit cards will be subject to verification and authorization by the bank that issued them. If the bank does not authorize the payment, Lily Cake will not be responsible for any cancellation. At all times, the User confirms that the payment method used is his/her own and is responsible for it at all times, and may delete or change it whenever he/she wishes.
  12. VALUE ADDED TAX AND BILLING
    In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla or a non-EU country, deliveries will be exempt from VAT, without prejudice to the application of the corresponding tax in accordance with the regulations in force in each of these territories. In orders destined for a country of the European Union, the invoice will be issued as to an individual, that is, including VAT at the corresponding tax rate. If the User is a company previously registered in the VIES Census (VAT Information Exchange System) or ROI (Registry of Intra-Community Operators), he/she must notify us in advance before making the purchase so that the invoice is issued without VAT. The User may request the corresponding invoice if he/she expressly authorizes us to issue it in electronic format, or may indicate to us at any time his/her desire to receive the invoice in paper format, in which case, we will issue and send the invoice in this format. You may request it by contacting us at the email info@lilycake.es indicating the details of the purchase made.
  13. RETURN POLICY
    Pursuant to article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, given the nature of the products purchased, it is reported that refrigerated, frozen or other perishable products that may deteriorate or expire quickly, as well as those sealed products that are not suitable to be returned for reasons of health protection or hygiene, will be excluded from the general withdrawal regime. Despite this, Lily Cake offers the possibility of accepting its return, as long as it occurs within twenty-four (24) hours after delivery. To exercise the right of withdrawal, you must notify us within the indicated period to the email info@lilycake.es, indicating the purchase details. Lily Cake will refund all payments received, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer). We will proceed to make said refund using the same payment method used by the User for the initial transaction, unless you indicate otherwise. If the return is made through a courier, the User must assume the direct cost of returning the goods. No costs will be incurred if the return is made by the User personally at our bakery in Barcelona. Notwithstanding the foregoing, we may withhold the corresponding refund until we have received all the goods.
  14. RESPONSIBILITY AND DISCLAIMER OF LIABILITY
    Unless otherwise expressly provided in these Terms of Purchase, our liability in relation to any product purchased on our Website shall be strictly limited to the purchase price of that product. Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this Website unless otherwise expressly stated therein.
  15. INDUSTRIAL AND INTELLECTUAL PROPERTY
    The User acknowledges and agrees that all copyright, trademarks and other intellectual property rights in the materials or content provided as part of this Website shall remain at all times vested in us or our licensors. The User may use such material only in the manner expressly authorized by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy information about your order or Contact details.
  16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
    The User must not misuse this Website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or material. The User must not attempt to gain unauthorized access to this Website, the server on which this page is hosted or any server, computer or database related to this Website. The User undertakes not to attack this Website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may lead to the commission of offences under applicable law. Lily Cake will report any breach of this law to the competent authorities and we will cooperate with them to discover the identity of the attacker. Furthermore, in the event of breach of this clause, the User will immediately cease to be authorized to use this Website. Lily Cake will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging material that may affect your computer equipment, computer programs, data or other proprietary materials due to your use of this Website or to your downloading of any content on it, or to any website linked to it.
  17. LINKS FROM OUR WEBSITE
    In the event that this Website contains links to other websites and materials from third parties, such links are provided for information purposes only, without us having any control over the content of such websites or materials. Therefore, Lily Cake will not accept any liability for any damage or loss arising from their use.
  18. WRITTEN COMMUNICATIONS
    Applicable law requires that some of the information or communications we send to you be in writing. By using this Website, you agree that most of your communications with us will be electronic. We will contact you by email or telephone. For contractual purposes, you agree to use these means of communication and acknowledge that all contracts, notices, information and other communications we send to you electronically comply with any legal requirement that they be in writing. This condition will not affect your rights recognized by law.
  19. EVENTS BEYOND OUR CONTROL
    Lily Cake shall not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond our reasonable control or a Force Majeure Event. Force Majeure Events include, but are not limited to: (i) any event that is impossible to foresee, or that is foreseen or foreseeable but unavoidable, (ii) failures in the supply of the electricity or telephone network, (iii) problems or failures in the reception, obtaining or accessing the various services by these third parties, (iv) fires, (v) floods or earthquakes, (vi) strikes or labour disputes or other social disorders that prevent the supply of the products. It shall be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the period to fulfil said obligations for a period of time equal to the duration of the Force Majeure Event.
  20. OUR RIGHT TO MODIFY THESE TERMS
    Lily Cake reserves the right to modify these Terms and Conditions. Any modifications made will not be retroactive. If you do not agree with the modifications made, we recommend that you do not use this Website.
  21. APPLICABLE LEGISLATION AND JURISDICTION
    The use of this Website and contracts for the purchase of products through said website shall be governed by Spanish law. Any dispute arising from or related to the use of the Website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If the User is contracting as a consumer, nothing in this clause shall affect the rights that the current legislation recognises as such.
  22. CONTACT
    Our email info@lilycake.es is enabled for the purpose of allowing easy and direct access so that the User can submit comments, suggestions, queries or complaints that he/she deems appropriate. For more information, please consult the “Contact” section of the Website.