T&C's

PLEASE FIND BELOW OUR TERMS AND CONDITIONS, WHICH FORM THE BASIS OF THE CONTRACT BETWEEN OUR CUSTOMER AND CAKES BY DULINI. IT IS THE CUSTOMER’S RESPONSIBILITY TO CHECK ALL DETAILS ARE COMPLETE AND ACCURATE PRIOR TO PAYMENT OF DEPOSITS/BOOKING FEES.

PLEASE NOTE THAT OUR COMMITMENT TO CUSTOMER SATISFACTION AND OUR REPUTATION IS OF UTMOST IMPORTANCE TO US AND WE WILL ALWAYS ENDEAVOUR TO HELP. 

PAYMENTS MADE TO CAKES BY DULINI ARE DEEMED BY CAKES BY DULINI AS ACCEPTANCE OF THESE TERMS.

GENERAL TERMS & CONDITIONS 

SECTION 1 - OUR CAKES

Our cakes are freshly baked to order and hand-made.

As general guidance, cupcakes, butter cakes decorated in fondant icing or butter cream icing should be eaten within 2 days from the date of purchase as no preservatives been added. To enjoy freshness, they should be eaten at room temperature. 

Some of our cakes may have non-edible items or toppers on them and we advise removing these before serving the cake.

SECTION 2 - ALLERGIES

Unless otherwise specified all Cakes by Dulini cakes contain dairy, gluten (wheat) and eggs and are made in an environment that handles nuts, soya and alcohol. 

Our kitchen is not an allergy-free kitchen, and so we cannot guarantee that allergy-friendly cakes will not contain trace amounts of these ingredients due to the nature of production.

If a severe allergy is known it is the customer’s responsibility to inform that guest not to eat the cake due to the possibility of trace allergens. 

Cakes by Dulini accepts no liability for customers suffering allergic reactions from eating our cakes.

It is the customer’s responsibility to make Cakes by Dulini aware of any special dietary requirements that need to be accommodated in the making of their cake.

SECTION 3 - ORDERING AND PAYMENT

Orders will be accepted via WhatsApp, website, Facebook page or by phone.

A non-refundable booking fee of 60% of the final total amount for ceremonial cakes & 100% payment for all the other orders is required to confirm your order and save your date.

We accept payment by bank transfer, details of which will be provided upon booking.

You will be invited for a design consultation and taster around 4-6 months before your wedding, after which you will receive a full proposal detailing your design, flavours, the number of guests, delivery details and the price.

The outstanding balance is due no later than one month before delivery.

Your date will only be held once your booking fee is received. 

SECTION 4 - DESIGNS

All cake designs are the result of the information given to Cakes by Dulini by the customer. The interpretation of customers’ bespoke requirements and amendments to the design are approved by the customer during the order process; written/verbal descriptions and a diagram may be used to explain what the customer will receive. Cakes by Dulini reserves the right to make minor changes to best suit a design if they feel it necessary, and these changes may not always be communicated to the customer.

Cakes by Dulini will do its best to match any colour requests for icing but we cannot guarantee an exact Pantone match as colours present differently in different materials. We aim for a close-to-perfect match but this is not always possible.

Please check your order thoroughly before payment. For bespoke cakes we can only create the finished article from what we interpret from the wording of your order.

SECTION 5 - HIRE OF CAKE STAND/SEPARATORS

Cake stands can be hired for a period of up to 2 days. 

It is the customer’s responsibility to ensure that a suitable, sturdy table is provided for the cake.

A security deposit equal to the value of the item is also payable. This will be refunded in full once the item is returned to us, undamaged and in its original condition within 2 days of hire. Details of these fees will be sent to the customer when placing their order.

If the item is not returned as agreed or we have to collect it then this deposit will not be returned.

If the item is returned damaged this deposit will not be returned.

Payment will be deemed as acceptance of these terms.

SECTION 6 - DELIVERY & SETUP

Due to the delicate nature of the sugar craft on our cakes, we like to personally deliver and set up your cake at your venue. We will liaise directly with your wedding coordinator at your venue to arrange this so it’s one less thing for you to think about! The cost of delivery and set up will be separately assessed and notified.

Some cakes may be suitable for collection which can be discussed at the point of ordering.

Responsibility for your cake passes to you once it has been collected from our premises or delivery has been accepted. Cakes by Dulini accepts no liability for cakes that are damaged after they have been delivered to the agreed location.

If the cake is collected, the full responsibility for the safety of the cake is with the client and Cakes by Dulini will not be responsible for any damage to the cake after it’s been collected.

Upon collection, cakes should be transported on a flat surface (preferably in an empty boot or passenger footwell - dependant on size of cake/car). It is not recommended that cakes are put on a seat or a passenger knee as the angle can cause damage to cake.

It is recommended to travel with the air conditioning on or the windows open to keep the environment relatively cool so that the cake does not get too warm.

SECTION 7 - CAKE STORAGE

After delivery or collection, please ensure that your cake is kept out of sunlight and at room temperature. Cakes with sugarpaste or sugar flowers/models should not be put in a refrigerator. Care should be taken to put cakes in marquees as close to guest arrival time as possible as marquees become very warm on sunny days.

Stacked cakes will be supported by dowels, which should be removed prior to serving. 

Decoration such as sugar flowers and models/figurines are made with edible ingredients, however they may contain wires or other supports which are inedible. Cakes by Dulini advises against these items being consumed. We ask you to take responsibility for ensuring these are removed prior to serving, as we cannot take any responsibility for the non-edible items once the order has been accepted and deposit paid.

SECTION 8 - COPYRIGHT & DATA PROTECTION

Copyright and ownership of all cake designs by Cakes by Dulini remains with “Cakes by Dulini” and we reserve the right to use photos of our cakes for advertising purposes including but not limited to, on our website, Facebook page, social media and in other advertising materials.

SECTION 9 - CANCELLATION / AMENDMENTS / POSTPONEMENTS POLICY

All booking fees are non-refundable and non-transferrable except in exceptional circumstances, for example, if we are unable to fulfil your order as agreed.

Any amendments need to be made two full months before the wedding date to allow for changes to our schedule, and cannot be guaranteed.  Significant amendments may incur an additional cost, and the balance will be adjusted accordingly.

In the event of a cancellation by yourselves, charges are as follows;

• More than ninety days prior to the date = booking fee only.

• Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.

• Less than one calendar month prior to the date = full amount

• Any booking fees previously paid are non-refundable.

Any work already undertaken towards your order, including ordering in supplies specifically to meet your order will incur further charges.

In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone within 90 days of the wedding half the remaining cost will be due on the original payment date. If you postpone less than one month prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability we will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependant on the duration of the postponement. 

Cakes by Dulini has the right to refund in whichever way they deem suitable, including vouchers and aims to refund within a month of cancellation.

Cakes by Dulini has the right to not refund at all dependent on circumstances. All refunds will be carefully considered by Cakes by Dulini.

SECTION 10 - COMPLAINTS

Complaints are very rare, however, Cakes by Dulini takes them very seriously. Our great reputation is built upon the word of mouth of our customers!

Corrections to cakes including inscription mistakes, can be corrected on the same day.

You are required to give us the opportunity and must let us know of the problem on the day of delivery. Please notify us along with relevant photos.

Some complaints may require further investigation and an immediate refund may not always be possible.

At least 75% of the cake must be returned within the same date of purchase to ensure we are able to fairly assess the nature of the complaint and determine what course of action we will take. No refund will be given if the cake is not returned or has been eaten.

The maximum refund we offer is the value of the cake. Further compensation is not available. All deposits/booking retainer fees are non-refundable. 

SECTION 11 - OUR LIABILITY

Our liability to you is limited to the price of the cake and we cannot be held responsible for any indirect losses which may happen as a consequence of any breach by us of these terms however arising. However, this does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 

SECTION 12 - EVENTS OUTSIDE OUR CONTROL

We cannot be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act, event, non-happening, omission or accident beyond our reasonable control.  

TERMS OF SERVICE (WWW.PREMIUMCAKES.LK)

OVERVIEW

This website is operated by Cakes by Dulini. Throughout the site, the terms “we”, “us” and “our” refer to Cakes by Dulini. Cakes by Dulini offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on Google.com & online payment gateway service provided by Payhere.lk. They provide us with the online platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cakes by Dulini, it's sole proprietor, our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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UNDER NO CIRCUMSTANCES SHALL CAKES BY DULINI (CBD) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY PHYSICAL PRODUCTS OR GOODS PURCHASED FROM CBD. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CBD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CBD. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CBD. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). YOU ACKNOWLEDGE, BY YOUR PURCHASE OF ANY PHYSICAL PRODUCTS OR GOODS, THAT YOUR USE OF ANY PURCHASED PHYSICAL PRODUCTS OR GOODS FROM CBD IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cakes by Dulini and our parent, subsidiaries, affiliates, partners, officers, proprietor, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@premiumcakes.lk