Effective Date: 22/02/2025

Welcome to Emma’s Cake Castlerea. These Terms and Conditions govern your access to and use of our services, including our website and the placing of orders for our custom-made cakes. By placing an order or using our website, you acknowledge and agree to be legally bound by the following terms and conditions. Please review them carefully.

1. Orders and Payment

All cake orders are custom creations and require payment in full at the time of booking to secure your order. Exceptions may be granted at the sole discretion of Emma’s Cake Castlerea, and any such exceptions must be documented in writing.

Orders are accepted subject to availability. Emma’s Cake Castlerea reserves the right to decline any order for any reason, including, but not limited to, concerns regarding design suitability, feasibility of execution, or scheduling constraints. We shall not be obliged to provide a detailed explanation for the refusal of an order.

Emma’s Cake Castlerea retains the right to cancel any order if payment in full is not received within the stipulated timeframe or if any payment disputes arise. In such cases, we will make reasonable efforts to inform the customer of the cancellation.

2. Collection Policy

All orders are for collection only at the designated time and location mutually agreed upon during the order confirmation process.

Customers are solely responsible for the timely collection of their orders. Failure to collect an order on the agreed date and time will result in the order being forfeited, and no refund will be issued. Emma’s Cake Castlerea reserves the right to dispose of uncollected cakes after the scheduled collection date without any obligation to provide compensation.

Upon the successful collection of the order and departure from our premises, Emma’s Cake Castlerea accepts no responsibility or liability for any damage incurred during transport or subsequent handling of the cake. It is the customer’s responsibility to ensure the safe and secure transport of the cake.

3. Refund, Cancellation, and Return Policy

Our comprehensive Refund, Cancellation, and Return Policy, detailed below, outlines the specific terms governing cancellations, refunds, and returns. We strongly advise reviewing this policy before placing your order.

Once an order has been collected and accepted by the customer, no refunds will be issued unless the cake is demonstrably unfit for human consumption due to verifiable safety concerns attributable to our production process.

Refunds, where applicable, will be issued solely at the discretion of Emma’s Cake Castlerea and will be rendered in accordance with all applicable consumer protection laws and regulations.

4. Design and Variations

Acknowledging the handmade nature of our cakes, customers recognise and accept that minor variations in design, colour, and decoration may occur. These variations are inherent characteristics of handmade products and shall not be construed as defects or grounds for refunds or returns.

It is the customer’s responsibility to provide accurate and complete design specifications when placing an order. Any alterations requested after order confirmation may be accommodated at the discretion of Emma’s Cake Castlerea, and may be subject to additional charges.

5. Copyright and Intellectual Property

All original designs created by Emma’s Cake Castlerea are the exclusive intellectual property of the business and are protected by applicable copyright laws. Any unauthorised reproduction, copying, modification, or distribution of these designs without the express written consent of Emma’s Cake Castlerea is strictly prohibited and may be subject to legal action.

By placing an order, the customer unequivocally acknowledges that they are solely responsible for ensuring that any images, logos, or characters provided to or requested for use by Emma’s Cake Castlerea do not infringe upon any existing copyright, trademark, or other intellectual property rights. Emma’s Cake Castlerea accepts no obligation to independently verify the copyright status of any such materials and accepts no liability for any legal issues that may arise from the reproduction of these materials. Please refer to our Copyright Responsibility Agreement for further details.

6. Allergies and Dietary Restrictions

Emma’s Cake Castlerea takes reasonable precautions to minimise cross-contamination; however, our cakes are produced in a kitchen environment where common allergens, including but not limited to nuts, dairy, gluten, and soya, are present. Therefore, we cannot guarantee that any cake will be entirely free from any specific allergen.

The customer is ultimately responsible for informing Emma’s Cake Castlerea of any allergies or dietary restrictions at the time of order placement. We will make reasonable efforts to accommodate these restrictions; however, we cannot guarantee allergen-free cakes, and customers with severe allergies should exercise extreme caution.

7. Limitation of Liability

 Emma’s Cake Castlerea shall not be held liable for any of the following:

• Damage to cakes that occurs after collection from our premises.

• Minor design or colour variations that arise due to the handmade nature of the product.

• Any loss of business, profits, anticipated savings, or data arising from delays in order fulfilment or other unforeseen issues related to the order, except as explicitly stated in the Force Majeure clause below.

The total liability of Emma’s Cake Castlerea, for any claim arising from or related to an order, is strictly limited to the total amount paid by the customer for the said order, except as explicitly stated in the Force Majeure clause below.

7a. Force Majeure

Emma’s Cake Castlerea shall not be liable for any delay in performance or failure to perform its obligations under these Terms and Conditions, or for any loss or damage caused to the customer, directly or indirectly, if such delay, failure, loss or damage is the result of events, circumstances or causes beyond its reasonable control (a “Force Majeure Event”). Such events may include, but are not limited to: acts of God, fire, flood, earthquake, storm, power outages, national emergencies, acts of war, terrorism, strikes, lockouts, or other industrial disputes, and actions or omissions of government or other competent authorities, and any similar causes that are unavoidable despite the exercise of reasonable care and diligence.

In the event of a Force Majeure Event that renders the completion of an order impossible or impracticable, Emma’s Cake Castlerea will make a commercially reasonable effort to notify the customer promptly. Upon such notification, and subject to the availability of resources and scheduling, the customer will be offered the option to either reschedule the order or receive a refund. The customer acknowledges that the selection of rescheduling or refund options is the sole remedy available in the event of a Force Majeure Event affecting the fulfillment of their order.

8. Website Use

Visitors to our website are strictly prohibited from misusing the site in any way, including, but not limited to, the introduction of viruses, malware, or other malicious code, or engaging in any unlawful or prohibited conduct.

All content displayed on our website is provided for general informational purposes only and is subject to change without prior notice. We make no warranties regarding the accuracy, completeness, or suitability of the information presented.

Emma’s Cake Castlerea accepts no responsibility or liability for any interruptions, errors, inaccuracies, or loss of data resulting from the use of our website.

9. Privacy Policy

We are committed to safeguarding your personal information. By placing an order with Emma’s Cake Castlerea, you expressly consent to the collection, use, and storage of your data as outlined in our Privacy Policy. Our Privacy Policy is available on our website for your review.

We adhere strictly to all applicable privacy laws and regulations, including, but not limited to, the General Data Protection Regulation (GDPR).

10. Changes to Terms and Conditions

Emma’s Cake Castlerea reserves the right to modify or amend these Terms and Conditions at any time, at our sole discretion. Customers will be notified of any significant changes to these terms, and continued use of our services or website following such notification shall constitute your acceptance of the revised Terms and Conditions.

Contact Information

Should you have any inquiries or concerns regarding these Terms and Conditions, please do not hesitate to contact us at:

• Email: contact@emmascake.ie

By placing an order with Emma’s Cake Castlerea, you hereby acknowledge that you have carefully read, thoroughly understood, and unequivocally agree to be bound by these Terms and Conditions.