Terms and Conditions
Purchase of Cake products
These Terms and Conditions for purchase of Cake products (the "Terms") are provided by Cake 0 Emission AB, a Swedish company with corp. reg. 559014-2682, and registered address at Hammarby Fabriksväg 43, 12030, Stockholm, email: firstname.lastname@example.org (hereinafter referred to as "Cake", "us", "our" or "we").
Please read these terms carefully before placing any orders.
1. Acceptance of these Terms
A binding agreement is entered into once you have placed an order of a Product through any of Cakes interfaces (such as the website or the mobile application, hereinafter referred to as the “Site”) and approved the Terms, or placed an order via phone or email though one of our sales representatives, and Cake has confirmed the order through a confirmation email whereupon these Terms enter into force between the parties.
2. Products and orders
2.1 Description of Products
We provide electric motorbikes/vehicles and thereto related equipment, as well as clothes and other apparels. Everything that is sold through our Site(s) are hereinafter referred collectively or individually referred to as the "Product(s)". More information about the Products can be found on the Site(s).
2.2 Order of Products
We ask you to order the Products in accordance with the instructions on the Site. When you are placing your order, you will be required to provide certain information, such as your name, address and billing information. It is your responsibility that all such information is accurate, and you shall ensure that such information is kept up-to-date.
Cake shall have no responsibility or liability for inaccurate information that later becomes outdated. Cake shall have no obligation to make efforts to determine the correct contact or shipping information.
You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com.
After submitting your order by clicking on the “confirm” or “order button” or similar on the Site(s), we will send you an order confirmation e-mail, at which point this agreement will enter into force. If we are unable to confirm your order, we will inform you of this via e-mail and will not charge you anything.
We are entitled to decline or adjust an order from you in the event that you provide us with untrue, inaccurate, not current, or incomplete information when placing an order, or for any other reason without any liability to you (other than a refund of any charge made in respect of such order). This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Products in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
If you purchase an electric vehicle, you are representing and warranting to us that you understand the nature of riding an electric vehicle/motorcycle and related activities, that you are qualified and legally permitted to operate said electric vehicle, and that you are in proper physical condition to participate in such activity. If you are not familiar with the nature of riding an electric vehicle, you should seek professional training before operating an electric vehicle.
Reference to any Products on our Site(s) does not imply or guarantee that it will be available at any time you place an order. Specific Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products, all for any reason whatsoever and with no liability to you or any third party.
2.3 Delivery of Products
Although Cake will make efforts to begin delivering your Products as soon as reasonably practicable, you understand and agree that there may be delays. Our indicated estimated time of delivery (ETD) is only an estimate and subject to change. Cake does not guarantee that it will be able to ship the Product by the estimated date.
As a result, in the event that a delay arises and the estimated shipment date and/or release of the Product is not met, Cake shall not be liable for any damages that may occur as a result of the delay, nor shall it be obligated to provide any discounts, refunds, or credits because of any such delays. Cake will provide you periodical updates with information regarding the delivery schedule.
You can read our term of delivery below in section 2.3.1. The shipping costs are indicated at check-out. Some alternatives may involve a freight cost, which in such a case is clearly stated when ordering. The expected delivery time is specified during the order process.
We try our best in providing tracking information for your order, but unfortunately can not guarantee that it will be enabled or provided for your purchase. Please email Cake customer service for tracking information: firstname.lastname@example.org
We have the right to charge you for any handling costs arising when you do not pick up your ordered Products in time from the place of delivery following transport of the Products. Cake will not refund any shipping costs if you fail to collect your Products.
If you purchase any Products from our Site it is your responsibility to inspect them. You must promptly inspect your shipment following delivery, and report any damages or other issues to Cake. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery.
2.3.1 Terms of delivery
The terms of delivery vary depending on where in the world you want the Products to be delivered. Please note that Cake does not accept delivery to post office boxes due to restrictions by courier services and credit card scam risks.
Sending orders to multiple addresses requires placing an order for each address. No combinations are possible and there will be charges for every order.
USA & Canada
Orders destined for the US and Canada are shipped from a US location to the nearest collection point before using ground shipping for final delivery. When shipment has been initiated, it normally takes around ten to fourteen working days for delivery of Cake’s electric motorbikes/vehicles.
Additional fees and taxes may be added depending on the country/state.
All CAKE products in countries belonging to the EU will be delivered DDP, Delivered Duty Paid, according to Incoterms 2010 to the address of the buyer. Orders within the EU are shipped using ground shipping. When shipment has been initiated, delivery normally takes approximately five to seven working days for Cake's electric motorbikes/vehicles and less for other Products.
Iceland, Norway, Switzerland, and United Kingdom
Orders to Iceland, Norway, Switzerland and the United Kingdom will be shipped DAP, Delivered At Place, according to Incoterms 2010. This means that we do not collect VAT, duties and/or taxes when you make your purchase. Prices are adjusted to make the overall cost for customers the same for orders in Iceland, Norway, Switzerland and the United Kingdom and countries within the European Union where the VAT is included in the price. Orders are shipped using ground shipping. When shipment has been initiated, delivery normally takes approximately five to seven working days for Cake's electric motorbikes/vehicles and less for other Products.
Additional fees, customs charges, and taxes may occur depending on the country. Please note that in the event such customs charges apply, you have to pay the charges in order for your package to clear customs.
Rest of the world
Orders to other countries than those mentioned above will be shipped DAP, Delivered At Place, according to Incoterms 2010. This means that we do not collect VAT, duties and/or taxes on orders and we cannot predict what your particular charges may be.
When shipment has been initiated, delivery normally takes approximately fifteen working days for Cake's electric motorbikes/vehicles to be delivered. Other fees may be added depending on the country.
Additional fees, customs charges, and taxes may occur depending on the country. Please note that in the event such customs charges apply, you have to pay the charges in order for your package to clear customs. Please contact your local customs office for more information.
Prices for shipping
Depending on your delivery address the cost of shipping your electric motorbike/vehicle has a fixed price, as indicated at the time of purchase, if not otherwise agreed between Cake and you.
3. Your obligations
3.1 Eligible customers
We offer the Products to individuals acting as consumers (as defined under applicable local law), companies, and other legal entities. To place an order you agree and confirm that you must be of legal age to be able to enter into a legally binding contract.
By ordering the Products on behalf of a legal entity, you warrant that you are authorized to enter into these Terms on the behalf of the legal entity as well as to use the Site. If you are a business customer these Terms constitute the entire agreement between us, unless otherwise set out in mandatory law.
3.2 Use of the Site(s)
When you use the Site(s), you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Site(s) in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
4. Prices and payment
4.1 Price information
You must pay all applicable fees as set out and described on the Site for the Products that you have selected. The prices for the Products are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes (as applicable). The price of the Products provided to you will be the price indicated on the order pages when you placed your order.
4.2 Payment information
Payment for the Products shall be made in accordance with what is set out below, or on the Site. Depending on the type of Product you order, the order value, and our stock levels, different payment terms may apply. The currency used depends on where the item is being delivered/purchased to/from.
4.3 Full Payment
For our spare parts, apparel and gear, we normally charge full payment at the time of placing the order.
4.4 Deposit and final Payment
When you order an electric motorbike/vehicle, we might ask you to place a deposit to secure the order. The deposit will be clear against the final payment of the order.
When your electric motorbike/vehicle is ready for shipment, we will contact you to settle the final payment, which will be made either by invoice, by charging your provided card, or as otherwise agreed between Cake and you. When the payment is received by Cake, the order will be shipped to the agreed shipping address.
Ownership of the electric motorcycle/vehicle is transferred to the buyer after full payment of the purchase price. Warranty is also only valid after full payment of the purchase price.
4.5 Payment methods
We accept different payment methods as they become available (anything from direct payment methods to deferred, installments and leasing (where applicable)), as set out on our Site from time to time. Acceptable payment methods are always those displayed at checkout at the time of your purchase. Please note that the final payment (in case of deposit) may be settled by invoice.
We do our best to make the Site as secure as possible. All credit/debit card transactions on the Site are processed using third-party payment providers, with a secure online payment gateway that encrypts your card details in a secure host environment. You confirm that the credit/debit card or other payment method that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Cake, your order will be canceled.
We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.
4.6 Customs charge, duties, fees and taxes
Please note that value added tax (VAT), potential customs charges, duties, other fees and taxes may apply to your purchase. Such costs will only be included when explicitly set out in these Terms or at check out.
5.1 You are responsible for your use of the Product
Please note that multiple laws and regulations apply to the use of vehicles and thereto related products, and that such laws and regulations differ between territories and jurisdictions. For example, in some jurisdictions, you must register the vehicle with the local vehicle authorities before you use the vehicle, in others it is mandatory to have insurance. You are at all times responsible for your (and others) use of the Product and adhering to any laws, rules, regulations and standards applicable to the territory where you will use the Product. Cake makes no representations, expressed or implied, in this regard unless Cake has explicitly undertaken to assist you in any registration procedure or otherwise. Cake further makes no representation that its Products are legal for operation in your Territory. Accordingly, before making your purchase, please make sure of all the necessary steps you have to take in order to enjoy your Product. Please contact email@example.com if you have any questions.
5.2 Colors, written errors, and images
Cake’s goal is to describe the Products at the Site as correctly as possible, but we do not guarantee that the Product descriptions are accurate, complete, reliable, current or error free. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Site can differ somewhat from their actual colors. Cake cannot be held responsible for any such discrepancy.
All details, such as specifications and third party manufacturing brands are subject to changes. Replacement details or parts will always be equal to the parts stated previously.
Lights, such as the headlight, turn signals, and more, are subject to change based on local regulations around the world. This means that lights on delivered products might be different to the lights shown in pictures on the Site.
Written errors can occur due to human factors, third party information, or broken integrations, codes or automatic updates.
Cake tries its best to display free of error texts, images, stock, as well as prices, for products, shipping etc on the Site. If your order includes an error such as the payment, product, quantities - don’t worry, please email us at firstname.lastname@example.org to solve and adjust the error for all parties.
5.3 Oversubscription and delivery priority
Cake may decline payment of a deposit to avoid oversubscription of Cake’s electric motorbikes/vehicles. If your payment of deposit is declined, you will be notified and your deposit will be refunded, in the same currency as paid.
If final payment has been received at the same time as another buyer has paid his or her final payment, the buyer that paid his or her deposit first is considered first of the two and will be prioritized in delivery of the Cake electric motorbike/vehicle.
5.4 Makka Polestar edition by Cake disclaimer
The Makka Polestar edition is not a Polestar product. Except for the limited design elements contributed by Polestar, this item was designed, engineered and manufactured by Cake, according to its own specifications, standards, and guidelines.
Polestar did not substantially contribute to the design, engineering, manufacture, or assembly of the product, and only contributed to limited design elements.
6. Limitation of liability
Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control, and we shall not be held liable for any damages caused by an action or omission attributable to them.
The total liability of Cake (to the extent permitted by local law) for any loss, damage, or claim, whether in contract, tort or otherwise, arising out of or in connection with any offer of and/or sale of the Products, the performance or breach of any contract based upon any offer of and/or sale of Products, and/or by the use of you or any other person of any Products, including any repaired or replacement part or equipment, will not in any event exceed the price allocated to the product, part or equipment which gives rise to the claim, loss or damage. In no event, whether as a result of breach of contract warranty, alleged negligence or liability without fault, will Cake be liable for any indirect, incidental, special or consequential damages, including personal injury, death, property damage, loss of profits or revenue, loss of business or loss of use of the equipment described herein or any associated equipment, cost of capital, parts or labor costs.
7. Limited Warranty
The customer has the benefits of legal rights under the Consumer Rights Act 2015. Those legal rights are not affected by this warranty.
Cake hereby warrants that all factory manufactured Cake vehicles purchased through a Cake authorized sales channel are free from defects in material and workmanship during the period of this Limited Warranty, subject to certain limitations stated herein.
This Limited Warranty applies only if the Cake vehicle has been operated according to “proper use” and “under normal operating conditions”, e.g. following normal operational care and following instructions in any manual or documentation provided, or made available, by Cake from time to time.
Warranty claims will only be processed through a "warranty claim" (claim you warranty HERE). For RE:CAKE and CAKE Trull, please see the sections below.
This Limited Warranty covers all parts of Cake vehicles, including battery, motor, controller, frame, front and rear suspension, brakes, wheels and electrical sub-assemblies. The warranty does not cover against damages caused by normal wear and tear.
The warranty does not apply in the event of crashes, damages, abuse, neglect, carelessness, using the product in any way other than intended, replacement with any part or accessory other than original Cake parts and products, attempt of reparation or modification unless expressly permitted in writing by Cake.
Any modification to the Cake vehicles, or riding with damaged parts, will deem the warranty null and void, as modifications and broken parts may cause the motorcycles to malfunction and risk the safety of the rider.
7.1 Period of warranty
Cake street legal vehicles: 24 months from the date of purchase through retailer, provided that the vehicle has not been used in off-road applications.
Cake off-road vehicles and street legal vehicles that have been used in off-road applications: 1 month from the original shipment date, or date of purchase through retailer.
Cake battery packs: 36 months from the original shipment date, or date of purchase through retailer, or 30 000 km, whichever comes first, where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 20% of the published nominal capacity.
Energy storage and drive train: 36 months or 30,000km, whichever comes first, from the date of purchase through retailer, provided that the vehicle has not been used in off-road applications. This warranty may be extended by an additional 24 months, at the customer's election. Cake reserves the right to issue a charge for such an extension.
7.2 Warranty coverage
Cake warrants to the customer that the vehicle is defect-free both in terms of material and workmanship from the factory and the battery will retain a reasonable degree of performance for the period of the warranty.
Any part found to be defective during the vehicle stated warranty period subject to the limitations of this warranty policy will be repaired or replaced free of charge (including any costs incurred relating to postage, labour and materials).
Unless proved otherwise, any defect which becomes apparent within six months of delivery of the vehicle shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the defect.
In the event of a fault or deficiency in performance found in the battery during the warranty period will be repaired or replaced free of charge (including any costs incurred relating to postage, labour and materials).
Any repair or replacement will be completed within a reasonable time and without any significant inconvenience to the customer.
7.3 General exclusions from warranty
This warranty does not cover failures resulting from, or caused by:
- Lack of proper maintenance or care
- Misuse of the vehicle
- Modification, alterations, and installation of parts that are not genuine Cake parts or supplied as original equipment
- Damages due to accident, collision, abuse or neglect
- Normal wear and tear components, including but not limited to drive chains, drive belts, seats, grips, rims, lights / lamps, tires, brake levers, bearings, etc.
- Damages to the paint, coatings or corrosion of metal parts due to external influences such as stones, salt, inadequate cleaning with inadequate cleaning products
- Fading of painted or metal coated surfaces
- Negligence on the part of the customer
- Faulty storage of the vehicle
7.4 Owner responsibility
Owner is responsible for maintaining the vehicle in accordance with the owner's manual.
Owner is responsible for the costs of maintenance to the vehicle including service failures caused directly by lack of maintenance or improper maintenance will void the warranty.
If warranty repairs are needed, they must be performed by an authorized Cake service center.
Inform Cake within ten (10) days after discovery of any defective parts that are suspected to be covered by this warranty.
For claiming anything under this warranty, please contact Cake at email@example.com, and make sure that you include your VIN number.
7.5 Limitations on warranty
This limited warranty does not cover any incidental or consequential damages, including loss of value of the Cake motorcycle, lost profits or earnings, out-of-pocket expenses for substitute transportation or lodging, expenses associated with returning the covered product to an authorized service facility or dealer, towing and/or roadside assistance expenses, expenses associated with returning the covered product back to its owner, mechanic’s travel time or communication charges, loss or damage to personal property, loss or time, or inconvenience.
Please note that RE:CAKE vehicles are pre-owned and have been used previously and may thus not be in perfect condition. You shall always read the description of a RE:CAKE vehicle carefully before making your purchase. In the description of a RE:CAKE vehicle, the remaining or applicable warranty period will be explicitly set out and be applicable to your purchase.
The terms of this Limited Warranty apply to RE:CAKE vehicles, too. However, the period of warranty is different. In the event the warranty period for the RE:CAKE vehicle is not set out in the description, the following shall apply.
Cake street legal vehicles: The greater of i) whatever portion of the warranty remains as if you were the original owner, or ii) 12 months or 15 000 km from the original shipment date, whichever comes first. The warranty applies provided that the vehicle has not been used in off-road applications.
Cake off-road vehicles and street legal vehicles that have been used in off-road applications: 1 month from the original shipment date, or date of purchase through retailer.
Cake battery packs: Whatever portion of the warranty remains for the battery as if you were the original owner (i.e. whatever months remain until 24 months or mileage until 30 000 km, whichever comes first), where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity. If the battery pack has been replaced with a new battery pack: 24 months from the original shipment date, or date of purchase through retailer, or 30 000 km, whichever comes first, where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity.
7.7 CAKE Trull
Please note that except for limited design elements contributed by Cake, Cake Trull vehicles are designed, engineered and manufactured by Torrot, according to its own specifications, standards, and guidelines. This Limited Warranty does not apply to CAKE Trull vehicles.
Products are defect in the following events:
- It is not compliant with what we have agreed, with regard to quantity or quality.
- There is no user manual (if applicable).
- We have not informed you about details about the Products which you ought to have been informed about.
- It is in worse condition than you could have predicted based on the Products' price, age, and other conditions.
In the event that you consider the Product to be defective, you may make a complaint by contacting us at firstname.lastname@example.org. You have to make the complaint within reasonable time. You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occasion of the Products. You must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.
If you complain about the Products and provide the requested documentation, Cake will investigate the complaint and notify you by e-mail within a reasonable time (normally within 30 days) if the complaint can be accepted and inform about the planned remediation process. Should Cake find that you are entitled to a full or partial refund due to the complaint, the payment of the refund will be made as soon as possible.
8.1 Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control (such as but not limited to strikes, fires, pandemics, nature disasters, storms etc). If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do this, we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.
Batteries are a complex technology, and several variables contribute to the battery performance and the performance of our electric vehicles. All rechargeable batteries are consumables and have a limited lifespan. This means that eventually, the battery’s capacity and performance will decline such that it will need to be replaced. As the battery’s performance change, it may affect the performance of the electric vehicle.
We take pride in our Products and our batteries. Accordingly, the performance of our batteries is covered by our Limited Warranty (see above).
Old batteries make perfect sense somewhere else, recycled or in other configurations where the cells are not required to have the same power density as in a vehicle. Cake will be supportive in recycling your battery and make sure it comes in the right hands. Email email@example.com for more information
In order to not let perfectly useful products go to waste, we have initiated the RE:CAKE product line. RE:CAKE products are pre-owned (second hand) and have been used previously. As such, they may not be in perfect condition, though we will endeavor to accurately describe the condition of all RE:CAKE products on the Site. Accordingly, please read the description of the RE:CAKE product carefully. In the event the RE:CAKE product is in worse condition than you could have predicted based on the description, you may file a complaint.
Please note that the Limited Warranty in relation to RE:CAKE products differs from the Limited Warranty in relation to other products.
11. CAKE Trull
Please note that except for limited design elements contributed by Cake, CAKE Trull vehicles were designed, engineered and manufactured by Torrot, according to Torrot’s own specifications, standards, and guidelines. The Limited Warranty does not apply to CAKE Trull products. All complaints and service matters in relation to CAKE Trull shall be reported to Cake (but may ultimately be handled by Torrot). Notwithstanding the foregoing, any complaints or service matters based on any warranty provided by Torrot shall be filed to Torrot directly (see contact details here: www.torrot.com).
12. Order cancellation and right to withdrawal
All customers within the EU, Norway, and the UK who are consumers, have a statutory right to cancel and return (right to withdrawal) an order for any reason within 14 days from the day of delivery of such order. Cake has decided to extend the right to withdrawal to any US or Canadian customers who are consumers. Any invocation of such right of cancellation/withdrawal is preferably made through the contact form, The Swedish Consumer Agency's (Sw. Konsumentverket) Standard form or by contacting firstname.lastname@example.org. Upon contacting Cake regarding your withdrawal, we will get in touch with you.
If you use your right to withdrawal, we will reimburse all payments received from you provided that the Products are returned in an unchanged condition in fully intact original packaging and accompanied by the original packaging documents and invoice. Refunds will be processed by using the same means of payment as you used for the initial transaction, as soon as possible when we have received the returned Products. Shipping charges on returned items are at the customer’s expense. Please note that Cake will not reimburse any costs you have had in relation to customs offices or similar charges.
The above stated right of withdrawal is not applicable in cases where the Product is made to order or clearly personalized. It is also not applicable if you are a business purchasing Products on our Site (i.e. not a consumer purchasing the Products for private use).
In case of a cancellation or withdrawal of an order, Cake reserves the right to withhold any advance payment made for such order, or make charges to the customer, to cover any administrative costs, freight costs, and handling costs due to the return of the ordered Product.
13. Your use of the products
Our vehicles can be hazardous to operate, and we care about your safety, so please note that:
- All riders should ride well within the limits of their abilities, never beyond them.
- Our electric motorbikes/vehicles are recommended for those aged 18 years and older.
- You shall have the license(s) the vehicles require (if applicable).
- We recommend that all riders take a relevant training course.
- Make sure that you ride the vehicles in permitted areas. Always follow your local regulations.
- Always wear a certified DOT helmet, eye protection and protective clothing, including an approved back protector (if applicable - mainly relevant for off road usage).
- Never carry passengers if the motorbike/vehicle is registered for only one rider.
- Never engage in stunt riding.
- Never ride in conjunction with alcohol or drugs. It is illegal and dangerous.
- Avoid excessive speed and be particularly careful on difficult terrain.
- Don’t modify your bike. All modifications and installations are at your own risk.
- Never change the voltage level or tamper with the battery. Doing so can result in a short circuit, fire and/or personal injuries.
- By purchasing and/or riding our vehicles, you take full responsibility for any use, and/or misuse of the product and agree that Cake holds no responsibility for any consequences, legal, or other, of such use and/or misuse.
Finally, read the provided manual(s) carefully, follow all instructions therein and enjoy your Cake electric motorbike/vehicle!
14. Processing of personal data
15. Property and intellectual property
15.1 Our rights
The Site is owned and operated by Cake. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented on the Site (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
15.2 Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.
15.3 Respect for our intellectual property
The Products and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire agreement between you and Cake with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
17. Assignment of contract
Cake reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking your legitimate interests into account. Such assignment of our rights will not in any manner inhibit your statutory rights.
Users may not assign or transfer their rights or obligations under these terms in any way, without the written permission of Cake.
18. Electronic communication
By accepting these Terms you agree that Cake may provide all communications and information to you electronically to the email address that you have provided us with. It is your responsibility to ensure that Cake has the right email address and content details to you.
19. No Waiver
Cake’s failure to assert any right or provision under these terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
20. Changes to the Terms
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. The latest version of the Terms will be available on the Site.
21. Applicable law
Unless contrary to any mandatory consumer legislation applicable to the purchase, Swedish law shall apply to these Terms and our legal relationship in general.
22. Complaints and disputes
If you have any complaints, please contact our support department by sending an email to email@example.com. You may also contact us by filling out the contact form on our Site.
We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you – as a consumer - may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).
Disputes regarding the interpretation and application of these Terms between a consumer and Cake may be resolved by the Swedish National Board for Consumer Disputes or by the competent ordinary court. Any dispute, controversy or claim arising out of or in connection with these Terms or your purchase shall be settled by a Swedish court of general jurisdiction and the Stockholm District Court (Sw. Stockholms tingsrätt) shall be the court of first instance.
Please also note that consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.