Last modified: 23 March 2020

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Please take a moment to read these general terms and conditions (the “General Terms”) to understand how they apply to your access and/or use of our website and mobi site (collectively “the Services”) for information or shopping purposes.

If you have any questions regarding these General Terms please contact us.

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Who Owns the Services?
The Services are owned and operated by The Cake Shop cc trading as Buttercup Bakery (“Buttercup Bakery”), a company registered in the Republic of South Africa (Reg. No. 2004/068332/23), which has its registered office at 24 Newton Street, Newton Park, Port Elizabeth, South Africa.

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Terms and Conditions Apply
These General Terms apply to your use of the Services and incorporate the Online Shopping Terms, so please take a moment to read them. By using the Services, you acknowledge that you have read and understood these General Terms and agree to be bound by them. 

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Amended or Updated Terms
We may periodically update or change the General Terms, without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.

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Law and Arbitration
These General Terms are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these General Terms shall, to the extent permitted by law, be referred to arbitration in Port Elizabeth at a venue of our choice applying the Uniform Rules of the High Court of South Africa.

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Our Services
You are welcome to browse or use our Services for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our website and mobi site, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website or mobi site is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Services and/or the contents of our website and mobi sites contrary to these General Terms.

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We reserve the right to suspend our Services or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Services in compliance with these General Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

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Use of our Services Outside South Africa
Customers who are not resident in South Africa are welcome to use our Services in accordance with these General Terms to make online purchases provided that the delivery address is in Port Elizabeth. Please click here to see our Online Shopping Terms as well as our Privacy Policy.

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Marketing
We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage.

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Personal Information and Privacy
Your privacy matters to us and we are committed to the protection of your personal information. If you wish to know more about when and how we collect, use, share and store your personal information, please read our Privacy Policy.

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Accuracy of Content
All reasonable steps are taken to ensure that the information accessed via our Services is accurate and up-to-date.  We do not however warrant that the content or information displayed is always accurate, complete and/or current.

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Your Comments
We value your comments, ideas, suggestions and feedback. By sending us your comments you agree that we may use them for commercial purposes (including using them to endorse our products) without any compensation to you and you grant us a non-exclusive license to do this.

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You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments.

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Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our website and mobi site are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

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Advertising and Hyperlinks
External hyperlinks may appear on our website and mobi site. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third-party material is entirely at your own risk.

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Disclaimers and Exclusions of Liability
Use of our Services is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Services will be uninterrupted or error free, or that the Services or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Services or the purchase of any of our products. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products.

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Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via the Services.