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Terms & Conditions

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For the website www.cakewala.in, operated by Bhattas Foods Private Limited. Please read these terms carefully before using the Platform or placing an Order.

This document is an electronic record under the Information Technology Act, 2000 and the rules made thereunder, including amendments pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, which require publishing the rules, privacy policy and terms of use for access to www.cakewala.in (the “Platform” or “Website”). Cakewala does not, as of the date of this document, operate a mobile or handheld application; all references to the Platform in these Terms of Use refer solely to the Website.

1. Definitions

1.1 “Company”, “Cakewala”, “We”, “Us”, “Our” refers to Bhattas Foods Private Limited (CIN: U15490KA2009PTC050683, GSTIN: 29AAECB0808Q1ZC), a company incorporated under the laws of India, having its registered office at No. 33, 36th Cross, 26th Main, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041, operating the retail bakery brand “Cakewala” and the owner and operator of the Platform.

1.2 “You”, “Your”, “User”, “Customer” refers to any natural or legal person who accesses, browses, registers on, or places an Order through the Platform.

1.3 “Products” means bakery items, cakes, desserts, confectionaries, frozen products, savouries, gifting items and any other goods listed for sale on the Platform.

1.4 “Order” means a request placed by You through the Platform for the purchase of Products.

1.5 “Delivery Partner” or “Logistics Partner” means any independent third-party rider, courier, fleet, hyperlocal delivery aggregator or logistics/courier company engaged by Us on a principal-to-principal basis to undertake physical delivery of Orders to You, and does not include an employee or agent of the Company.

1.6 “Delivery Module” means each of the three modes of order fulfilment described in Clause 6, namely (i) Instant/Immediate Delivery, (ii) Advance/Pre-Booked Delivery, and (iii) Pan-India Delivery.

1.7 “Serviceable Area” means the pin codes, localities and cities in which a particular Delivery Module is, from time to time, available, as displayed to You on the Platform at checkout.

2. Terms of Use

2.1 Assent & Acceptance

These Terms and Conditions (“Terms of Use”) govern Your use of the Platform. Please read them carefully before You use the Platform. If You do not agree to these Terms of Use, You must not use the Platform, and We request that You stop using the Website. By accessing, browsing or using the Website, or by placing an Order, You are deemed to have read, understood and accepted these Terms of Use, together with Our Privacy Policy, Cancellation & Refund Policy and Shipping/Delivery Policy (each as updated from time to time), and to have entered into a legally binding agreement with Us.

2.2 Age Restriction

You must be 18 years of age or above to use the Platform or place an Order. By using the Platform, You represent and warrant that You are 18 years of age or above and legally competent to contract under the Indian Contract Act, 1872. If You are a minor, Your parent or legal guardian must place the Order and accept these Terms of Use on Your behalf; the Company assumes no liability for any misrepresentation of age.

2.3 Services

We enable transactions between Us (dealing in prepared food, bakery items, desserts, confectionaries and frozen products) and You through the Platform, using one or more of the three Delivery Modules described in Clause 6, all of which are fulfilled through independent third-party Delivery Partners.

2.4 Amendments

These Terms of Use are subject to amendment at any time, at Our sole discretion, by posting the revised version on the Platform. It is Your responsibility to review these Terms of Use periodically. Your continued use of the Platform after any change is posted constitutes Your acceptance of the amended Terms of Use.

3. Account & Registration

3.1 You may access certain features of the Platform by registering for an account. You may hold only one account; We reserve the right to suspend duplicate accounts without liability.

3.2 You agree to provide accurate, current and complete information at the time of registration and to keep such information updated.

3.3 You are solely responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account, whether or not authorised by You. You must notify Us immediately of any unauthorised use of Your account.

3.4 We reserve the right to suspend or terminate Your account and access to the Platform if any information provided by You is found to be inaccurate, incomplete or misleading, or if You are in breach of these Terms of Use.

3.5 Products purchased on the Platform are for Your personal/domestic use. You represent that You are not purchasing for resale and are not acting as an agent of a third party, except where You have placed a bulk/corporate/gifting order expressly identified as such.

4. Our Outlets

Cakewala operates retail bakery outlets across Bengaluru and other cities under Bhattas Foods Private Limited and also through independently owned and operated franchise outlets. Details of all Cakewala outlets are available on the “Store Locator” page of the Platform. Orders placed on the Platform may be fulfilled from the company-owned retail outlet, franchise outlet, central kitchen/commissary nearest to the delivery address, or from a designated Pan-India fulfilment/despatch centre, as applicable to the Delivery Module chosen.

5. Products, Listings & Availability

5.1 All Products are subject to availability. We try to maintain accurate stock and availability information on the Platform; however, discrepancies may occasionally occur.

5.2 If an ordered Product is unavailable at the time of preparation or despatch, We will contact You (by call, SMS, WhatsApp or email) to offer a substitute of equal or greater value, a partial cancellation and refund of the unavailable item, or such other resolution as may be mutually agreed. If We are unable to reach You, We may, at Our discretion, despatch the remaining items and cancel/refund the unavailable item, or treat the entire Order as cancelled with a corresponding refund.

5.3 Images of Products displayed on the Platform are for representational purposes only. Actual shape, size, colour, design, icing, toppers and decorative elements may vary from the image due to the handmade nature of bakery products, ingredient availability, and reasonable artistic variation between bakers. We do not guarantee that the delivered Product will be an exact replica of the image displayed.

5.4 Weights, serving sizes and “eggless”/dietary claims are approximate and as declared by Us; minor variances are inherent to handcrafted bakery products and shall not, by themselves, constitute a defect.

5.5 Prices, offers, combos and coupon codes displayed on the Platform may change without prior notice and may vary by city, Serviceable Area, or Delivery Module. Any typographical, technical or pricing error on the Platform may be corrected by Us, and We may cancel Orders placed on the basis of such an error, with a full refund of amounts paid.

6. The Three Delivery Modules

All Orders on the Platform are fulfilled through one of the following three Delivery Modules, as indicated to You on the product page and at checkout based on the Product category, Your delivery pin code and rider/logistics availability at the time of booking. Please note that all deliveries — under every Delivery Module — are undertaken by independent third-party Delivery Partners and not by Company personnel; Clause 11 (Third-Party Delivery Partners) applies to all three Delivery Modules.

6.1 Instant / Immediate Delivery

6.1.1 Certain Product categories are eligible for immediate/same-slot delivery, shown to You at checkout as an estimated delivery window (e.g. “delivery in X–Y minutes/hours”).

6.1.2 Availability of Instant Delivery for a given order depends on (i) the distance between the fulfilling outlet/kitchen and Your delivery address, (ii) real-time availability of a Delivery Partner/rider in that area, and (iii) outlet operating hours and order load at that time. Instant Delivery may not be offered, or may be withdrawn after being initially offered, if any of these factors change; in such event You will be offered the Advance/Pan-India Delivery Module instead, or the Order will be cancelled with a full refund.

6.1.3 The delivery time window shown for Instant Delivery is an estimate only and not a guaranteed delivery time. It may vary due to traffic, weather, rider allocation, festival-season demand, or other factors listed in Clause 15 (Force Majeure).

6.2 Advance / Pre-Booked Orders

6.2.1 Certain Products (including customised cakes, bulk/corporate orders, and Products requiring advance preparation) are available only as Advance Orders, to be delivered on a specific future date and within a time slot pre-fixed and confirmed by Us at the time of booking.

6.2.2 You must select a delivery date and time slot at checkout. We will prepare and hand over the Order to the assigned Delivery Partner in time to meet the selected slot; however, the slot represents an estimated delivery window and not a to-the-minute guarantee.

6.2.3 For customised/theme cakes and bulk orders, We may require a longer minimum lead time (as indicated on the product page) and may require partial or full advance payment. Any change to specifications requested after confirmation may not be accommodated, or may attract additional charges and/or a revised delivery date.

6.2.4 No changes to the delivery date/time slot of a confirmed Advance Order will be entertained within the cut-off period specified in Clause 8 (Cancellation Policy) for that Order, except at Our sole discretion.

6.3 Pan-India Delivery

6.3.1 Select ambient/shelf-stable Products (including dry cakes, cookies, hampers, dry fruits and other non-perishable or extended-shelf-life items) are available for delivery across India through Our Pan-India Delivery Module, fulfilled via a third-party courier/logistics partner on a shipment basis.

6.3.2 Pan-India orders are typically dispatched within the timeline indicated on the product page and are delivered within an estimated transit window (commonly 2–7 business days depending on destination), which is an estimate provided by the courier partner and not guaranteed by Us.

6.3.3 Once an Order is handed over to the courier partner for Pan-India Delivery (i.e., the shipment is dispatched), risk of loss and title in the Products passes to You in accordance with Clause 10 (Risk of Loss), and the Order cannot thereafter be cancelled or modified.

6.3.4 You will ordinarily receive a tracking link/AWB number to track the shipment based on updates made available by the courier partner. Any grievance regarding transit damage, delay or mis-delivery should be raised with Us within 24 hours of the delivery timestamp shown by the courier partner, along with photographic evidence, failing which the shipment shall be deemed to have been delivered in good condition.

6.3.5 Pan-India Delivery is not available to certain remote pin codes, restricted areas, or during courier network disruptions; where this is the case, We will inform You and offer a cancellation with full refund.

6.3.6 Additional customs, octroi or local levies, if any, applicable outside standard serviceable regions shall be borne by You.

7. Ordering & Payment Terms

7.1 You agree to all commercial terms applicable to Your Order, including price, taxes, delivery/packaging charges, payment method, and the estimated preparation/delivery timeline indicated at checkout.

7.2 All Orders placed on the Platform are treated as confirmed once payment is successfully processed (or, for cash-on-delivery where offered, once the Order is accepted by Us). We may call, SMS, WhatsApp or email You to confirm Order details, price, and estimated delivery time.

7.3 All payments must be made in Indian Rupees. You may pay by credit/debit card, net banking, UPI, wallet, or any other RBI-approved payment method made available on the Platform, or by cash-on-delivery where expressly offered for a Serviceable Area. The payment gateway is operated by a licensed third-party payment aggregator; the Company does not store Your card details and is not a banking or financial service provider.

7.4 You will be asked to provide accurate billing information (name, address, contact number and payment details) either to Us or Our payment gateway partner. You authorise Us (directly or through Our payment gateway/aggregator) to charge the payment instrument provided by You for the total Order value, including applicable taxes and delivery charges.

7.5 The final tax invoice will be issued along with (or shortly after) the Order, showing GST and other applicable levies as per law.

7.6 We cannot control any charges levied by Your bank/card issuer in connection with the transaction and disclaim liability for the same.

8. Cancellation Policy

Because Our Products are perishable, freshly prepared and, in many cases, customised, cancellation windows are shorter than for ordinary retail goods and vary by Delivery Module as set out below. Our decision on cancellation requests, taken reasonably and in good faith, shall be final and binding.

8.1 Cancellation by You

8.1.1 Instant/Immediate Delivery Orders: You may cancel free of charge only within 2 minutes of placing the Order, provided the outlet has not yet started preparation. Cancellation requested after 2 minutes, or after preparation has commenced, may not be accepted, and where accepted, may attract a cancellation fee of up to 100% of the Order value, at Our discretion, having regard to the stage of preparation.

8.1.2 Advance/Pre-Booked Orders: You may cancel or reschedule (i) at least 48 hours before the confirmed delivery slot for regular cakes/Products, and (ii) at least 72 hours before the confirmed delivery slot for large, tiered, or fully customised/theme cakes and bulk/corporate orders, subject to a cancellation fee of up to 5% of the Order value towards payment-gateway and processing costs. Cancellations requested after these cut-offs may be declined, or may be accepted subject to a cancellation fee of up to 100% of the Order value, since ingredients/labour would have already been committed.

8.1.3 Pan-India Delivery Orders: You may cancel free of charge any time before the Order is dispatched/handed over to the courier partner. Once dispatched, the Order cannot be cancelled, in line with Clause 6.3.3.

8.1.4 Notwithstanding the above, having regard to Your past cancellation history, We reserve the right to decline a refund for a cancellation that is otherwise within the permitted window.

8.2 Cancellation by Us

We may cancel an Order, in whole or in part, for reasons not attributable to You, including:

  • inability to reach You by phone/email for confirmation of order details;
  • unavailability of ingredients or of the ordered Product/size/design at the time of preparation;
  • non-availability of a Delivery Partner/rider or courier service in Your Serviceable Area at the required time;
  • suspected fraud, abuse of coupons, or violation of these Terms of Use;
  • force majeure events described in Clause 15.

Where We cancel an Order for the above reasons, You shall be entitled to a full refund of the amount paid, unless the Order has already been delivered or dispatched in a manner deemed complete under Clause 10.

9. Refund Policy

9.1 Refunds due to You under Clause 8 or Clause 11 will be processed to the original payment method/account within 7 business days of approval of the refund request, subject to timelines of Your bank/payment gateway, over which We have no control. At Our discretion, refunds may instead be issued as Cakewala wallet credit/store credit, which You may choose to accept in lieu of a bank refund for faster processing.

9.2 Delivery/shipping charges are non-refundable once an Order has been dispatched or delivery has commenced, except where the cancellation or non-delivery is directly attributable to Us.

9.3 We do not offer refunds on Products already delivered and accepted, other than where a defect, damage or wrong item is attributable to Us or Our Delivery Partner and reported within the timelines in Clause 11.4.

9.4 Coupon/discount amounts applied to a cancelled Order will not be refunded in cash and the coupon shall be treated as used.

10. Risk of Loss & Title

10.1 For Instant/Immediate Delivery and Advance/Pre-Booked Orders, risk of loss and title passes to You upon handover of the Product by Our staff/outlet to the Delivery Partner for delivery to You, and, in any event, upon delivery at Your address/pickup point.

10.2 For Pan-India Delivery, all Products purchased are shipped pursuant to a shipment contract; risk of loss and title passes to You upon Our handing over of the Product to the courier/logistics partner for dispatch.

10.3 You or Your authorised representative must inspect the Product at the time of delivery and may refuse delivery of a visibly damaged Product. Once delivery is accepted and acknowledged (including OTP confirmation, signature or photo proof of delivery obtained by the Delivery Partner), We shall not be responsible for damage occurring thereafter or during Your own further transport/handling of the Product.

11. Third-Party Delivery Partners

11.1 All deliveries under every Delivery Module are undertaken by independent third-party Delivery Partners/courier companies engaged by Us on a principal-to-principal basis. Such Delivery Partners are independent contractors and are not employees, agents or representatives of the Company.

11.2 While We take reasonable care in selecting reputed Delivery Partners and in packaging Products to withstand ordinary transit handling, We shall not be liable for any delay, loss, spillage, melting, damage or mishandling of the Product that occurs during transit and that is attributable to the act, omission or negligence of the Delivery Partner, once the Product has been handed over to such Delivery Partner in good condition. In the event a delivery issue is attributable to Our Delivery Partner and is reported by You within the timelines in Clause 11.4, We will, as a customer-service measure and at Our sole discretion, assist You by coordinating with the Delivery Partner and, where appropriate, offering a replacement, partial refund or store credit, without accepting legal liability for the Delivery Partner’s independent acts.

11.3 Deliveries will not ordinarily be made on national holidays or during hours outside the outlet’s/Delivery Partner’s operating hours; Orders scheduled for such days/hours will be delivered on the next available working day/slot, unless a specific holiday-delivery option was offered and selected by You at checkout.

11.4 Any complaint regarding non-delivery, delayed delivery, or a damaged/incorrect Product must be raised with Our customer support within 24 hours of the scheduled/actual delivery time, accompanied by photographic evidence where applicable. Complaints raised after this period may not be entertained, as freshness/perishability cannot be verified thereafter.

11.5 Deemed Delivery: An Order shall be deemed to have been validly delivered, and You shall not be entitled to a refund, in each of the following events: (a) the Delivery Partner attempted delivery at the address provided by You and You or Your representative were unavailable or unreachable; (b) You or Your representative refused to accept the Order without a valid reason (e.g., visible damage); (c) the Product was handed over at the gate/reception/security desk/neighbour of the delivery premises at Your prior instruction or in accordance with the building’s access norms; or (d) delivery could not be completed because the address/contact information provided by You was incomplete or incorrect.

11.6 In case of floods, heavy rain, natural calamity, bandh, curfew, election restrictions, regulated traffic movement, festival-season surge, or any other impediment affecting the Delivery Partner network, We reserve the right to reschedule delivery to the next feasible date, and shall inform You of the same; no request to change the date/time of delivery outside this process will otherwise be entertained once preparation has commenced.

12. Representations, Warranties & User Conduct

By using the Platform, You represent and warrant that:

  • all information submitted by You is truthful, lawful and accurate, and You will keep it updated;
  • You will use the Platform solely for Your personal/lawful use and will not authorise others to use Your account;
  • You will not upload, post or transmit any content that is defamatory, obscene, unlawful, infringing, or otherwise objectionable;
  • You will not use the Platform for any commercial solicitation, scraping, hacking, or introduction of malicious code;
  • You will not impersonate any person or misrepresent Your identity or affiliation;
  • You will not use a payment instrument that does not lawfully belong to You.

A breach of the above may result in suspension or termination of Your account and access to the Platform, without prejudice to Our other rights and remedies.

13. Access, Accuracy & Security

We endeavour to keep the Platform available at all times but do not represent that access will be uninterrupted, timely or error-free. We do not warrant that the Platform will be compatible with all devices/software. We reserve the right to suspend or withdraw access to the Platform, temporarily or permanently, at Our sole discretion, without notice.

14. Disclaimers & Limitation of Liability

14.1 We disclaim any guarantee of exact conformity between the delivered Product and the image/description displayed on the Platform, subject to Clause 5.3.

14.2 The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, to the maximum extent permitted by applicable law.

14.3 To the maximum extent permitted by law, the Company’s aggregate liability arising out of or in connection with an Order shall not exceed the amount actually paid by You for that Order. In no event shall the Company be liable for any indirect, incidental, consequential or special damages, including loss of profits, loss of an event/occasion, or emotional distress, arising from delay, non-delivery, or quality issues attributable to a third-party Delivery Partner, payment gateway, or force majeure event.

14.4 Nothing in this Clause 14 shall be construed to exclude or limit Our liability for the Products themselves under the Consumer Protection Act, 2019, or for fraud or wilful misconduct on Our part, to the extent such exclusion is not permitted by law.

15. Force Majeure

We shall not be liable for any failure or delay in performance of Our obligations under these Terms of Use to the extent such failure or delay is caused by circumstances beyond Our reasonable control, including but not limited to acts of God, fire, flood, epidemic/pandemic, strikes, riots, war, governmental action, internet/telecom outage, courier/logistics network disruption, or failure of a third-party Delivery Partner or payment gateway.

16. Intellectual Property

You agree that the Platform, all content thereon, and the “Cakewala” name, logo and trademarks are the exclusive property of the Company. You shall not reproduce, copy, distribute or create derivative works from any part of the Platform without Our prior written consent.

17. Privacy & Data

Your use of the Platform and the information You provide are also governed by Our Privacy Policy, which forms an integral part of these Terms of Use. Please review the Privacy Policy to understand Our data collection and usage practices, including sharing of Your name, address and contact number with Delivery Partners solely for the purpose of fulfilling Your Order.

18. Indemnity

You agree to indemnify and hold harmless the Company, its officers, employees and affiliates from any claim, demand, loss or damages, including reasonable legal fees, arising out of Your breach of these Terms of Use or Your violation of any law or third-party right.

19. Severability

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable by a court or authority of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

20. Non-Assignment

You may not assign or transfer Your rights or obligations under these Terms of Use to any other person without Our prior written consent. We may assign these Terms of Use, in whole or in part, to any affiliate or successor entity without Your consent.

21. Governing Law & Dispute Resolution

21.1 These Terms of Use shall be governed by and construed in accordance with the laws of India.

21.2 Any dispute, controversy or claim arising out of or relating to these Terms of Use, including its interpretation, breach, termination or validity, shall first be sought to be resolved amicably through good-faith negotiation within 30 days of written notice by either party.

21.3 If not resolved amicably, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually by the parties (or, failing agreement, in accordance with the said Act). The seat and venue of arbitration shall be Bengaluru, India, and the language of arbitration shall be English.

21.4 Subject to Clause 21.3, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any matter arising under these Terms of Use.

22. Grievance Officer

In accordance with the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020, and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: E-Commerce Sales Manager

Bhattas Foods Private Limited (CIN: U15490KA2009PTC050683)

Registered Office: No. 33, 36th Cross, 26th Main, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041

Phone: +91 88844 20928

Email: sales@cakewala.in

Working Hours: Monday – Saturday, 9:00 AM – 6:00 PM

The Grievance Officer shall acknowledge receipt of a complaint within 48 hours and shall dispose of the complaint within one month from the date of receipt, in accordance with applicable law.

23. Contact Us

For any questions or comments regarding the Platform, please write to Us at sales@cakewala.in or call +91 88844 20928 .

Bhattas Foods Private Limited

GSTIN: 29AAECB0808Q1ZC | CIN: U15490KA2009PTC050683

No. 33, 36th Cross, 26th Main, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041