terms and conditions

VISITORS

evaisweetcreations.com (“the site”) is the property of Evai Sweet Creations, Lagos (“us”, “our” or “we””seller”).

Evai Sweet Creations is a home bakery in Lagos, Nigeria. This website was created to provide an online platform for existing and potential clients to shop our products online(“Goods”).

Visitors of this website (“you””buyer””clients””potential buyer”) must be 18 years and above. Otherwise, seek parental consent before registering on this website. Children below 15 years of age are prohibited from registering on this website, with or without parental guidance. If a parent is entering this agreement on behalf of their child, the parent will be fully responsible for the child’s use if this site. This includes, but is not limited to, all legal and financial liabilities incurred by the child.

Please, ensure that you have read and accepted the terms and conditions and are 18 years and above before you check the agreement box.

Each registration is for one user. You are to access this website by yourself only. Do not share your username and password with any other person. Do not access this site if you do not agree to these terms.

Access to this site is temporary. We reserve the right to modify, change or withdraw any of the products and services we offer. At our discretion we may deny or restrict the access of registered users to parts of or the whole website.

PRODUCTS & DESIGN

All the pictures on this website or on any of our social media pages are the properties of Evai Sweet Creations. They are presented here as references. Hence, the final product many vary in size and style.

The buyer will be required to select from our collection of cake styles. Otherwise, leave the design open to us and let us create a delicious piece of art.

We create unique pieces of edible art for our clients. Due to our design process, we cannot guarantee that you’ll get the exact replica of cake. In the case where the buyer is not satisfied with the design, alterations will be made at our own discretion.

If the buyer requests a design change, it’ll be done where possible. However, some changes may not be possible due to time constraints and other factors.

If the change requests affects the original cost or money has been committed to preparations for the pre-agreed design, the price difference will be quoted to the buyer. The difference must be paid before the changes can be made.

The buyer is responsible for ensuring that they have communicated all the necessary details needed to bring the cake to life.

We will not be liable for the customer’s disappointment of the cake design or interpretation. Provided it was made in line with the client’s pre-agreed requirements.

The addition of accessories such as cake toppers, exotic fruits, fresh and artificial flowers e.t.c. are subject to availability. We will inform the buyer their unavailability 48 hours before the due date.

The products you order are fresh on the day of delivery to or pick up by you. It’ll be fresh of stored in under the right conditions(see below). We will not be liable for any deterioration of the products stored outside of our recommendations.

PRICES AND PAYMENTS

Payments must be made in full before we can start the process of fulfilling your order. All payments must be made to the bank accounts we provide. The order will not be confirmed until the buyer’s payment has cleared.

Prices quoted for are valid for 48 hours. Prices may or may not remain the same after 48 hours. Paying the full price on the same day it was quoted will secure the order and the delivery date.

CANCELLATION AND RETURNS

We cannot guarantee a partial nor full refund when an order is cancelled.

When we cannot fulfil your order due to circumstances beyond our control, such as, ill health, power cut, fire e.t.c., a full refund will be made to you.

If upon collection or delivery of product, you find a fault with the order i.e. wrong order, incomplete order or damaged order, please return it to bakery or notify us via our phone number or email within 12 hours. Please include a picture of the product and your order number. If the product is not in line with the pre-agreed requirements laid out during your order confirmation, we will correct the error, replace the product or do a full refund of your purchase. This is subject to the terms and conditions laid out in this document. We are not liable for any indirect loss.

We do not accept returns on the premise of dislike for the taste of our product, as taste is very subjective.

We make every effort to ensure that the colours of the product you ordered are close as possible to the colours of the products we have displayed on our website and social media pages. Hence, colour shades may vary slightly. We do not accept the return of any product based on the aforementioned.

DELIVERY AND PICK UP

We offer delivery for all our edible art at a cost. Pick up is available at our Magodo and Arepo pick up locations for all our edible art except tiered cakes, big cakes and treats that require cold transport. We will call you before leaving the bakery. Please make sure you or someone else is available to receive your order at the agreed time.

Pick up from our magodo phase 2 location will take place at a pre-arranged time. Pick up from our Arepo location is between 8am and 6pm.

When a delivery or pick up is not fulfilled due to failure on your part to collect it on the pre-agreed day and time, the product will be taken back to our bakery. A new delivery or pick up time will be arranged and the cost will be charged to you. You will be required to pay the new delivery fee and the payment confirmed before we can arrange a new delivery to you.

We will not be liable for the condition of the product at pick up or delivery after the pre-agreed time of collection. We cannot be liable for any deterioration that occurs under these circumstances.

We are not liable for any damage caused by you or by a delivery agent that you engaged to pick up the product after they have signed and confirmed that the product was in great condition at the time of collection.

Evai Sweet Creations is not liable for any delivery delays caused by circumstances beyond our control such as traffic, floods, heavy rain and so on. You will be informed of many delays as soon as they are encountered. Payments will not be refunded for delayed deliveries due to unforseen circumstances as stated above.

ALLERGY AND DIETARY REQUIREMENTS

Our bakery handles GLUTEN, EGGS AND DAIRY daily. You will be informed of a product contains allergens on the product page. Ingredients such as nuts and nut oils can be removed from some products. However, we cannot guarantee that any of our products is a 100% free of nut traces due to the manufacturing process of some of the ingredients.

It is your responsibility to communicate your allergies or that of the recipient before placing an order. You can add the information to the note section in the checkout page. In addition, it is your responsibility to communicate the allergen information to those consuming the product.

Before placing an order, please confirm that we can modify the product to meet your dietary requirements.

ORDER

You are advised to book your order as far in advance as possible. This will allow us enough time to deliver and avoid disappointments. We cannot always guarantee next day delivery. However, we are open to fulfilling emergency orders under the right conditions.

We advise that the product be transported in an airconditioned vehicle on a flat surface, away from loose objects. Thr product must be picked up and carried from the bottom only. Avoid squishing any part of the packaging. Please drive carefully and do not break suddenly.

If you are travelling with the cake, put the cake in the fridge until you are ready to leave. Keep the cake away from direct sunlight, heat and moisture. If you are eating the cake on the same day, you can keep the cake in an airconditioned room, out of direct sunlight until you are ready to serve it. This is the responsibility of the buyer.

Our products may contain non-edible parts such as decorations, support dowel, prints e.t.c. Please remove them before consuming the product.

Please do not smash our product into people’s face for the aforementioned reason. Smash cakes can be ordered specifically for that purpose instead.

STORAGE

RISK & TITLE

Once the product has been delivered to or picked up by you safely, you are liable to any subsequent risk. Once all due payments are made, then the ownership of the product will be transferred to you.

OUR RIGHTS

We reserve the right to make adjustments to the terms and conditions as we see fit. In order to keep up with the current trends, laws and technologies.

You will be subject to these policies, terms and conditions any time you order a product from us. We have the right to assume that you have read and agreed to the changes to the terms and conditions. We may nofity you of the changes wheat the point of your order confirmation.

YOUR AGREEMENTS

You agree that;

It is your responsibility to to provide accurate information (“personal data”) and to update it when necessary.

All the details you provide to us, for the purpose of selling and delivering our products to you, are correct.

The debit or credit card/bank account you wish to use is yours or that of a third party who has given you full permission to use it and that the third party has sufficient funds to meet the cost of the products ordered.

We do not store your card or bank details on our website.

It is your responsibility to provide the correct email address.

It is your responsibility to ensure the confidentiality and the security of your personal data especially your username and password.

We not not be held liable for any losses incurred as a result of an unauthorized or the illegal use of your personal data.

It is your responsibility to ensure that your use of our site is virus free.

You will not attempt nor encourage any attempt to copy or use any intellectual property on this website for commercial purposes or any other purpose that would violate our copyright.

We reserve the right to withdraw a purchase order in cases where there are errors or inaccuracies in the product description.

You will only use the Site for the purposes laid out in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

You acknowledge and agree that your use of this website is at your sole risk.

SYSTEM REQUIREMENTS

Variations in computers, browsers, softwares and internet signals will affect how this site is rendered. Your ability to navigate these factors may affect your ability to purchase a product from our website. You acknowledge and agree that you have responsible for meeting the requirements to be able to preview, view and purchase a product from this site.

MISUSE OF THE SITE

We reserve the right to suspend or terminate your access to the Site or parts of it, if we believe you are in violation of any provision of this agreement. If your access has been suspended or terminated, you will not be permitted to re-register or to re-access the Site without our permission.

INDEMNITY

You agree to indemnify and hold harmless us, our founder, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any violation by you of these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

ASSIGNMENT

Under these Terms and Conditions, your rights not transferrable or otherwise deal with your

We reserve the right to, as we see fit, sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

GENERAL

You may be required to change your username or password or  other information that allows you to purchase products from our website.

If we violate the terms and conditions of this agreement, then our liability for the losses you suffer is strictly limited to the purchase price of the product you purchased.

We reserve the right to remove any product from the website for any reason without notice to you and you agree that we will not be responsible for any loss, damage, or cost incurred as a result of such action.

We shall not be responsible to you for damages or loss in respect of any error made to any listing of or reference to Products.

We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer any direct, indirect or consequential loss or loss of data.

We will not be liable for the failure of any equipment, data processing system or transmission link nor for any down-time which may occur on the Site.

This website is provided “as is” and you agree that despite our reasonable endeavours the Site may contain bugs, errors and other problems including, but not limited to infection by viruses (despite anti-virus protections which may be incorporated) contaminants, or destructive agents of any sort that may cause system failures. However, we will do all we can within our power to correct any errors and omissions as quickly as practicable after being notified by email to hello@evaisweetcreations.com.ng

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

We reserve the right to deactivate your account, if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you 3 months after deactivation.

We welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded, or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these thirdparty websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so fully at your own risk. 

INTELLECTUAL PROPERTY RIGHTS

All images, graphics, logos, button icons and other intellectual properties owned by us is protected by Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

You will be constituting a copyright infringement if:

1. You copy or reproduce any part of the website;

a. A temporary copy of any part of the site, automatically made or stored by your browser as you use the website.

a.  Printing out any pages from the website as a record of any products you have purchased from it

c. Printing out a copy of the Terms and Conditions which we would request you to do

2. You modify documents and graphics on the website  in anyway.
3. You use a graphic on the separately from the corresponding text.

In  Clause 1 , “copy” shall include non-literal copying as well as the copying of the structure and form of the website and the elements within it. 

THIRD PARTY RIGHTS

This agreement is for the sole benefit of you and us. No third party can claim any benefit. Regardless of how this agreement came to the knowledge of a third party.

ACKNOWLEDGEMENT

You acknowledge that you have read and agreed to these terms and conditions and that, it is your responsibility to check the site regularly to for updates made to this Terms and Conditions. By continuing to use this site, you are bound by the terms and conditions of Evai Sweet Creations.

Magodo Phase 2, Lagos.
Voera Estate, Arepo.