Welcome to the The Cake Factory Online Store

This website provides the content and services available on the site to you subject to the following terms and conditions, our privacy policy and other terms and conditions and policies which you may find throughout our site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively “terms and conditions”). By accessing or using the Site, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions.

Intellectual Property

All information and content included in or made available on the site, but not limited to trademarks, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations and the compilation and organization thereof (collectively, the “Content”) is the property of The Cake Factory (Pvt) Ltd or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through the website is the exclusive property of The Cake Factory (Pvt) Ltd and is protected by international copyright laws.

You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Cake Factory without express written consent. 

Limitation of Liability

The site is presented “as is”. We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms and conditions or the site, including but not limited to warranties of Merchantability, Non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances, for any interruption of business, access delays or access interruptions to the site, data non delivery, corruption destruction or other modification, loss or damages of any sort incurred as a result of dealings with or the presence of off website links on the site, computer viruses, system failures or malfunctions which may occur in connection with your use of the site, any inaccuracies or omissions in content or events beyond our reasonable control.

Further to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental or consequential damages of any kind related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions.

Risk of Loss

All items purchased from The Cake Factory (Pvt) Ltd are made under a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Returns, Refunds and Title

If for some reason you need to return your order, please contact us at cakefactory@gmail.com.

Please state the following –

• Order Number
• Date of Collection
• Reason for requesting a return – (*please refer condition for return mentioned below)
• Customer Name and contact details 

 Any refund will be made by the same method as payment was received for your order or a suitable replacement as store credits. A full refund consists of the amount debited to your card or received as payment for that specific product, plus delivery costs. Our goal is your satisfaction

Returning of products is subject to the following conditions:

• The Product can be only be returned due to the result of our error – incorrect item, incorrect quantity or due to a quality concern.

• The Product must be returned back at either one of our two outlets.  Return delivery costs are not refundable.

• We cannot accept a Product return after 07 days from delivery.
• We cannot accept a Product return that has been largely consumed (more than two servings).
• We cannot accept a Product return if you have simply changed your mind, such as a preference for a different cake. 
• The Cake Factory does not take title to returned items until the item arrives at our premises. 
• Once the refund request is approved, the refund will be done within 4 to 5 business days (Terms and conditions apply). Please note that full/partial refunds will be made adhering to the final decision made by The Cake Factory Management.

Product Descriptions

The Cake Factory attempts to be as accurate as possible. However, The Cake Factory does not warrant that product descriptions or other content of any product are accurate, complete, reliable, current, or error-free. 

Site Policies, Modification, and Severability

Please review our policies posted on this site. We reserve the right to make changes to our site, policies, Service Terms, and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disputes

Concerning any dispute regarding the site, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of Sri Lanka as if the Terms and conditions were a contract wholly entered into and wholly performed within Sri Lanka. Any dispute relating in any way to your visit to the site shall be referred to arbitration by the rules of Sri Lanka, by the sole arbitrator, and the Arbitration proceedings shall be held in the English Language. 

General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.