TERMS OF USE

Vine and Ember Hospitality

Cakeophilics.com

 

Welcome to the official website of "Cakeophilics", available at: https://www.cakeophilics.com/ ("Website"). The Website is owned and operated by Vine and Ember Hospitality, a home-based artisan bakery registered and operating in Bengaluru, Karnataka, India ("We", "Us", "Our", "Cakeophilics"). The Website may be accessed by You for the purposes of browsing Our products and placing orders.

For the purposes of these Terms of Use, "You", "Your" or "User" means any person who accesses or uses the Website or avails Our Services.

These Terms of Use constitute a binding agreement between You and Vine and Ember Hospitality and govern Your use of, and access to, the Website and Our Services. This document is made in pursuance of the Information Technology Act, 2000 and associated rules, and is an electronic record generated by a computer system. It does not require any physical or digital signature for the purpose of acceptance.

By accessing or using the Website, You agree to be bound by these Terms of Use and Our other policies made available on the Website, including but not limited to the Privacy Policy ("Policies"). Please read the Terms of Use and Our other Policies carefully before doing so. If You do not agree to these Terms of Use or any of Our Policies, please do not access or use the Website.

Your acceptance of these Terms of Use implies that You have the legal capacity to enter into a binding contract under the applicable law of the jurisdiction from which You are accessing the Website.

We reserve the right to amend or modify these Terms of Use at Our sole discretion at any time without prior notice. Such amendments or modifications shall become effective immediately upon publication on the Website. Your continued use of the Website following any such amendment constitutes Your acceptance of the revised Terms of Use.

 

Our Website allows You to avail the following services from Us ("Services"):

•       Browse and place orders for products listed on the Website during specified order windows;

•       Make enquiries about Our products, pricing and customisation options;

•       Access information about Vine and Ember Hospitality, Our products, Our team, and Our ordering process;

•       Access Our social media pages on Instagram and other platforms; and

•       Submit enquiries via the Contact section of the Website.

You may reach out to Us by providing Your personal information via the Website's contact form or directly via WhatsApp. In doing so, You will be required to provide Your name, contact number and email address.

 

Our Website contains Our current product offering. Please note that all products are prepared fresh to order. We operate on a next-day delivery model:

•       Orders placed before 6:00 PM on any day will be prepared for delivery the following day;

•       Orders placed after 6:00 PM will be scheduled for delivery two days from the date of order, subject to confirmation from Us;

•       You may also select a future delivery date at the time of placing Your order; and

•       Delivery is available across Bengaluru on all days, subject to Delivery Partner availability.

Product images on Our Website are for representation purposes only. The actual product You receive may vary slightly from the image shown in terms of appearance, decoration or finish, while remaining consistent in flavour, quality and weight.

All product descriptions, specifications and pricing are subject to change without notice at Our sole discretion. We reserve the right to discontinue any product at any time.

All products are available in the following variants unless stated otherwise:

•       With Egg or Eggless; and

•       Cakes are additionally available in Slice, 500g and 1kg sizes.

No additional charge applies for the Eggless variant. Pricing for each size variant is as listed on the Website at the time of ordering.

 

All prices displayed on the Website are inclusive of applicable taxes. Prices are exclusive of delivery charges, which are calculated at checkout or communicated at the time of order confirmation.

We reserve the right to modify pricing at any time without prior notice. We shall not be liable to You or any third party for any price change, modification or discontinuation of any product or Service.

 

Payments for orders placed through the Website are processed via Razorpay, a third-party payment gateway ("Payments Partner"). Our Payments Partner has its own terms of use and privacy policy. You are requested to familiarise Yourself with these before making a payment, as payment transactions will be governed by the same.

Delivery is facilitated through Rapido or such other third-party logistics provider as We may engage from time to time ("Delivery Partner"). Our Delivery Partner operates under its own terms of service. We shall not be liable for any delays, damage or loss arising from Our Delivery Partner's services, though We will make reasonable efforts to assist You in resolving any such issues.

We take all reasonable care to ensure that Our products are packaged securely and in a condition suitable for delivery. Despite Our best efforts, there may be instances where products do not arrive in their expected condition. Refunds or replacements in such cases will be governed by Clause 6 of these Terms of Use.

Our products have the following approximate shelf life from the time of delivery when stored in appropriate conditions:

(a)   Cakes and brownies: 3 to 5 days;

(b)   Loaves: 5 to 7 days; and

(c)   Such other timelines as may be indicated on the product packaging.

Our Services are currently restricted to Bengaluru, Karnataka, India.

Delivery is offered on a next-day basis, seven days a week, subject to Delivery Partner availability. You may also schedule delivery on a future date of Your choosing at the time of placing Your order. While We will make every reasonable effort to communicate confirmed delivery windows, We do not guarantee specific delivery times and take no responsibility for delays caused by Our Delivery Partner.

 

All Our products are prepared and packed with extreme care to ensure they reach You in the best possible condition. In the event of an incorrect order or damage sustained during delivery, We will offer a replacement of the same or equivalent product, or a store credit of equivalent value. Monetary refunds will not be provided except in cases where:

(d)   Your payment has been processed but the order cannot be fulfilled by Us; or

(e)   A duplicate or erroneous payment has been made by You, verified by Us.

In such cases, refunds will be initiated to the original payment method within 5 to 7 business days.

 

If You wish to modify Your order after it has been placed, You may contact Us via:

(f)    WhatsApp at the number listed on the Website; or

(g)   Email at the address listed on the Website.

Any modification request must be received by Us at least 6 hours before the scheduled delivery time for it to be considered, subject to the stage of preparation at the time of the request. Modifications are subject to ingredient availability and production capacity at the time of the request.

If no modification request is received within the above timeline, We will proceed with fulfilling Your original order as placed.

We reserve the right to refuse any modification request at Our sole discretion. You shall bear any incremental cost arising from an approved modification.

 

If You wish to cancel an order, the cancellation request must be communicated to Us at least 12 hours before the scheduled delivery time. Cancellations requested after this window cannot be accommodated, as preparation will have commenced.

Cancellations should be intimated to Us directly via WhatsApp or email. Store credit may be offered at Our discretion for cancellations made within the permitted window.

 

Our products are prepared in a home kitchen that handles the following allergens: milk and dairy products, eggs, tree nuts (including pistachios, almonds and hazelnuts), wheat (gluten), and soy. Whilst We take reasonable precautions, We cannot guarantee that any product is entirely free from cross-contamination.

Eggless variants are prepared with care, however they are produced in the same kitchen environment as egg-containing products. If You have a severe allergy or intolerance, please contact Us directly before placing an order.

Diabetic Friendly variants use reduced or alternative sugar formulations. These are not medically certified and should not be treated as clinical dietary products. Please consult Your healthcare provider before consumption if You have a medical condition.

 

By using Our Website and Services, You agree and warrant that:

(h)   You are 18 years of age or above, or the age of majority in the jurisdiction from which You are accessing the Website;

(i)    All information provided by You on the Website is true, current, complete and accurate;

(j)    You will update Your information as necessary to ensure it remains accurate throughout Your use of the Website;

(k)   You will use the Website only for its intended lawful purposes;

(l)    You will not use the Website or Our Services for any unlawful, abusive or fraudulent purpose;

(m) The products ordered through the Website are for Your personal consumption and shall not be resold or commercialised without Our prior written consent; and

(n)   You will be fair and accurate in any feedback, reviews or comments You post about Vine and Ember Hospitality on the Website or any third-party platform.

 

In addition to the obligations above, You agree not to:

•       Attempt to gain unauthorised access to any part of the Website, its servers or any associated network;

•       Probe, scan or test the security or vulnerability of the Website or any connected system;

•       Collect any user information through automated means, including bots, scrapers or spiders, without Our prior written consent;

•       Attempt to modify, circumvent or manipulate the pricing, quantities or descriptions of products listed on the Website;

•       Introduce any viruses, malicious code or disruptive software that may interfere with the operation of the Website;

•       Impersonate any person or entity or misrepresent Your affiliation with any person or entity;

•       Use the Website to advertise or promote any competing products or services;

•       Copy, reproduce, distribute or create derivative works from any content on the Website without Our prior written consent; or

•       Use the Website or Our Services in any manner that is inconsistent with applicable law.

 

Subject to Your compliance with these Terms of Use, We grant You a non-exclusive, limited, revocable, non-transferable and non-sublicensable licence to access and use the Website and its content for personal, non-commercial purposes only. No right, title or interest in the Website, its software, content or any intellectual property incorporated therein is transferred to You by virtue of this licence.

 

All rights, title and interest in and to the Website, its design, layout, graphics, photographs, product images, text, trademarks, and all other content thereon are owned by or licensed to Vine and Ember Hospitality. You may not copy, reproduce, modify, distribute, publish, display, transmit or otherwise exploit any content from the Website without Our express prior written consent.

 

We reserve the right, at Our sole discretion, to suspend or terminate Your access to all or any part of the Website and its Services, with or without notice and for any reason, including breach of these Terms of Use. Upon termination, Your right to use Our Services will immediately cease.

 

You agree to indemnify, defend and hold harmless Vine and Ember Hospitality and its associates, agents and representatives from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising from: (a) Your use of or access to the Website or Our Services; (b) Your breach of these Terms of Use; (c) Your violation of any applicable law or third-party right; or (d) any unauthorised use of Your account.

 

The Website, its content, and Our Services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, including those of merchantability, fitness for a particular purpose, completeness or non-infringement, to the fullest extent permitted by applicable law. We do not warrant that the Website will be error-free, uninterrupted or free from harmful components.

 

To the fullest extent permitted by applicable law, Vine and Ember Hospitality shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from Your use of, or inability to use, the Website, Our Services or any product ordered through the Website. Where applicable law does not permit the exclusion or limitation of liability, Our liability shall be limited to the maximum extent permitted by law.

 

We shall not be held liable for any failure or delay in providing the Website or Our Services caused by circumstances beyond Our reasonable control, including but not limited to acts of God, natural disasters, pandemics, power outages, network failures, government action, civil disturbance or any other event of force majeure.

 

If any provision of these Terms of Use is found to be invalid, void or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. Any failure by Us to enforce any right under these Terms of Use shall not constitute a waiver of that right.

 

These Terms of Use, together with Our Privacy Policy and any other policies published on the Website, constitute the entire agreement between You and Vine and Ember Hospitality with respect to Your use of the Website and Our Services, superseding all prior representations, understandings and agreements between the parties.

 

These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

In the event of any dispute arising out of or in connection with these Terms of Use, the parties shall first attempt to resolve the dispute amicably through mutual discussion. If the parties are unable to resolve the dispute amicably within 30 days, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, in the English language, with the seat of arbitration in Bengaluru, Karnataka, India. The award of the arbitrator shall be final and binding.

Subject to the above, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any matter arising under these Terms of Use.

 

For any queries relating to these Terms of Use, Our products or Our Services, You may contact Us at:

•       Website: www.cakeophilics.com

•       WhatsApp: +91 80507 14923

•       Email: cakeophilics@gmail.com

 

 

Fresh. Made to order. Delivered to your door.