Terms of Sale

Who we are

Art Bakery, S.L. (“Art Bakery”, “we”, “us”) operates the cafés and bakery at Marbella, Estepona, Arroyo de la Miel (Benalmádena), and San Pedro de Alcántara on the Costa del Sol, Spain, and sells cakes for online order through this website (artbakery.es). You can reach us at office@artbakery.es or by visiting any of our locations. These terms apply specifically to cakes ordered and paid for through our online cake shop; they don’t cover in-café purchases, which are governed by the till receipt and applicable consumer law in the usual way.

Placing an order

When you order through the Cake Shop, you choose a cake, a size, and any extras, then a pickup or delivery option and date, before paying online. Your order is confirmed once payment succeeds — we’ll take it from there. Orders must be placed at least 2 days before your chosen collection or delivery date; the order form won’t let you select an earlier one.

Prices and payment

All prices shown are in euros (EUR) and include applicable VAT. Payment is processed securely by Stripe at the time of ordering — we never see or store your card details. The price you’re charged is the price confirmed at checkout, calculated from your chosen cake, size, and extras.

Collection and delivery

Cakes are currently baked and collected from our Marbella location only. Home delivery is available for an additional flat fee, within the area we can reasonably reach along the coast — if you’re outside that area, get in touch before ordering and we’ll let you know whether we can help. Please make sure your pickup or delivery details, including the date and any access notes, are accurate — we can’t be responsible for a missed collection or a failed delivery caused by incorrect information.

Custom cakes and design

Cakes on our Cake Shop are sold in the design shown in their product photo, with any inscription or details you specify at checkout. As every cake is finished by hand, small decorative variations from the photo may occur — this doesn’t affect your cake’s quality or flavour. If you’re after something more bespoke, particularly for weddings, please get in touch via our Contact or Partners page rather than the online shop; those cakes are quoted individually after a conversation.

Allergens

Our kitchen handles gluten, nuts, dairy, eggs, and other common allergens, and cross-contact between products is possible even where a specific cake doesn’t list an allergen as an ingredient. If you or a guest has an allergy or intolerance, please contact us before ordering so we can talk through what’s genuinely safe for you — don’t rely solely on the product description.

Changes, cancellations, and your right of withdrawal

Because each cake is made fresh to order and to your specifications, it falls under the exceptions to the standard EU/Spanish consumer right of withdrawal that apply to personalised goods and to goods that deteriorate or expire quickly (as set out in Spanish Royal Legislative Decree 1/2007 and the EU Consumer Rights Directive). In practice, this means that once an order is placed and paid for, it generally can’t be cancelled or refunded simply because you’ve changed your mind.

That said, we’re reasonable people: if your plans change, contact us as soon as possible. We’ll do what we can to accommodate changes or cancellations made well ahead of your collection or delivery date, but we can’t guarantee this the closer we get to it, since ingredients are bought and preparation begins in advance.

If something’s wrong with your order

If your cake arrives damaged, isn’t what you ordered, or there’s a genuine problem with it, please contact us as soon as possible — ideally the same day — with a photo where relevant, and we’ll make it right with a replacement or a refund at our discretion. This is in addition to, and doesn’t affect, any statutory rights you have as a consumer in respect of goods that don’t conform to the contract.

Liability

To the extent permitted by law, our liability for any issue with an order is limited to the price you paid for it. Nothing in these terms excludes or limits our liability where that wouldn’t be legally permitted, including for death or personal injury caused by our negligence, or for fraud.

Governing law

These terms are governed by Spanish law. Any dispute that can’t be resolved directly with us may be brought before the competent Spanish courts, without prejudice to any other rights you have as a consumer under EU or Spanish law, including access to alternative dispute resolution.

Changes to these terms

We may update these terms from time to time — the version in force at the time you place an order is the one that applies to it. We’ll post the current version here with an updated date once we start tracking revisions.

Contact

Questions about an order or these terms? Reach us at office@artbakery.es or through our Contact page.