1. General

Mammun Hyväkakku Oy (hereinafter ”Supplier” or ”Hyväkakku”) is a Finnish bakery and online shop specialising in cakes and other bakery products. These terms and conditions apply to the agreement between the Supplier and Hyväkakku's customer (hereinafter ”Customer”) concerning the product or products ordered from Hyväkakku (hereinafter, regardless of quantity, ”Product”).

By submitting an order, the Customer accepts these terms and conditions without reservation.

2. Service promise

The Supplier undertakes that the Product will be available for handover to the Customer on the agreed day.

3. Requirements concerning the Customer and the delivery address

The Customer must be a natural person over the age of 13 or a legal person.

The delivery address must be an official address. If delivery has been chosen as the delivery method, the delivery address must have a permanent road connection suitable for a standard delivery vehicle (lorry). Deliveries to archipelago areas and places without a permanent road connection are agreed separately.

The Supplier reserves the right not to accept a person or company as a Customer or, for example, a delivery address provided by the Customer.

4. Placing an order

Orders can be placed using the buttons in the online shop, in the shop, by email, via instant messaging services or by phone. Once the Customer has placed an order, it is passed to the Supplier's order service for processing.

When an order is placed in the online shop, a user account is created for the Customer (if they do not already have one). After delivery, the Customer may be sent a request to review the products without separate consent.

5. Timing of the order

The Product is a foodstuff made to order. Shelf lives vary between Products. The shelf life of a Product is at least three (3) days from production.

We recommend timing your order so that, should a defect occur, there is time to obtain or deliver a replacement product, regardless of whether the defect is the Supplier's responsibility or not.

6. Order processing on weekdays

The Supplier processes the Customer's orders on weekdays, on normal working days, Monday to Friday between 8:00 and 16:00. Orders are not processed at other times. Each Order is processed as quickly as possible after it is received, and at the latest on the weekday following receipt of the Order.

7. Production of Products on weekdays

Products are made on normal working days, Monday to Friday, during the working hours in effect at the time. Products are not made on days off, such as public holidays falling on weekdays, nor on Saturdays or Sundays and public holidays.

8. Delivery to the Customer

The Product will be delivered to the Customer on the agreed delivery date. Deliveries take place on weekdays only, unless otherwise specifically agreed.

The above also applies to the delivery of a new or replacement Product.

9. Pickup of the Product from the shop

The Product can be collected from the Supplier's shop at an agreed time on weekdays, Monday to Friday, and also from the 24h pickup point at other times.

10. Information to be provided when ordering

For an order to be accepted, the Customer must provide complete, truthful and up-to-date contact details. For consumers, these must include at least their name, postal address, phone number and email address (at which the Customer can be reached). Corporate customers must likewise provide the company name and Business ID, the name, phone number and email address of the contact person, the postal address and the billing address.

11. Right to refuse an order

The Supplier has the right, where necessary, to refuse (not confirm) an order that has been placed, in which case no binding agreement is formed. For example, if the ordered product is not available, the Supplier has the right not to confirm the order, and no binding agreement is formed.

12. Entry into force of the agreement

The agreement between the Supplier and the Customer enters into force when the Supplier has sent the Customer an order confirmation. If the order confirmation differs from the Customer's order, the agreement is deemed to have been formed only to the extent that the order confirmation corresponds to the order placed by the Customer. 'Order' refers to the Customer's order with the content confirmed by the Supplier.

13. Cancelling an order

The Customer may cancel an order no later than 4 working days before the agreed delivery date. However, if the value of the order exceeds €150, the cancellation must be made no later than 14 days before the agreed delivery date. After this, a reservation fee of 30% of the total order amount will be charged for cancelled orders. For orders cancelled less than 4 working days before the agreed delivery date, 100% of the total order amount will be charged.

Cancellations must be made by email to tilaukset@hyvakakku.fi or by phone on 044 985 8912.

14. Cancellation of the agreement

The Customer has no right to unilaterally cancel, rescind or terminate the agreement once the Supplier has sent the order confirmation to the Customer and the agreement has entered into force.

The provisions of the Consumer Protection Act (20.1.1978/38) on door-to-door and distance selling do not apply to the online shop; see Chapter 6, Section 1, point 11 of the Consumer Protection Act. Under Chapter 6, Section 16, points 1), 3), 4) and 5) of the Consumer Protection Act, the Customer does not have the right of withdrawal laid down in Section 14 of that Act, which otherwise applies to door-to-door and distance selling.

15. Payment

Products are paid for when ordering in the online shop or on delivery. When collecting from the 24h pickup point, Products are always paid for when ordering. The Supplier's contractual partner for payments in the online shop is Visma Pay (Paybyway Oy, Business ID 2486559-4). You can pay using online banking buttons, mobile payment, and debit and credit cards.

In the online shop, payment (incl. card payment) is charged once the customer has entered their payment details and confirmed the order.

Corporate customers may also pay by invoice.

16. Delivery methods

If the Customer has ordered home delivery, Hyväkakku will deliver the product to its destination. The conditions required by the Product during transport are taken into account (refrigerated transport if necessary). Hyväkakku is committed to delivering the Product to the Supplier's Customer in accordance with the section ”Service Promise” above and to otherwise ensure that the transport is carried out appropriately.

17. Defective Product

If the Product is defective(1), the Customer is entitled to either a new identical or replacement Product, or at least a refund corresponding to the purchase price of the defective Product. Primarily, the Customer will receive a new Product or an equivalent replacement Product.

1) In this case, Product refers only to the bakery product concerned. Damaged product packaging is not a refundable defect in the Product if the Product itself is not damaged. If the same delivery contains several Products, only the defective product will be compensated, either by delivering a new product or by refunding the price paid by the Customer for that Product.

The Product's conformity with the agreement and freedom from defects are checked visually when the Product is packed. The Supplier guarantees that the Product is free from defects(2) at the moment it is handed over for transport. The Supplier arranges transport for the Product in accordance with the requirements for handling foodstuffs and is responsible for this to the Customer.

2) Freedom from defects means that the appearance of the Product is the result of the Product's normal production process and does not differ significantly from the product image published by the Supplier. A minor deviation that does not affect use, for example in the decoration of a layer cake, is not a defect. Freedom from defects also means that the Product has been professionally made from the ingredients listed in the product information, that it meets the quality requirements for foodstuffs and that the Product has been handled in accordance with the regulations on handling foodstuffs.

However, the Product may be damaged during transport, for example due to vibration. For this reason, the Customer must first check that the Product's packaging is intact when the Product is handed over. Damaged packaging may indicate that the Product has been damaged in transport. However, this is not always the case. If the packaging is visibly damaged, the Product must be checked immediately.

The Customer must also check the Product's conformity with the agreement (i.e. whether or not the Product matches the Customer's order) and that it is visibly free from defects as soon as possible after the Product has been handed over. If the Customer finds that the Product is defective, the Customer must contact customer service immediately, either by email or by phone on weekdays between 8:00 and 16:00. Immediate contact is particularly important, for example, where the Product has been ordered for a celebration on a specific date and the Customer would like a new Product to replace the defective Product. If the Product has a visible defect, the Customer must also, on request, send a photo of the defective Product by email, provide details of the defect and give their contact details so that the Supplier can get in touch. The defect notification must be made by 12:00 on the working day following receipt of the order at the latest. The Supplier will contact the Customer without undue delay.

If the Customer does not comply with the above complaint period or procedure, they lose the right to invoke a defect in the Product.

The Supplier reserves the right to require the Customer to return the defective Product for verification of the defect and for handling of the quality deviation.

18. Delivery of a new or replacement Product

The Supplier processes defect notifications during its normal working hours every day from Monday to Friday between 8:00 and 16:00. Processing of a defect notification begins without undue delay once the Customer's defect notification has reached the Supplier. The Customer will be informed of the outcome of the defect notification without delay.

If the defect or fault in the Product is the Supplier's responsibility, production of a new or replacement Product will begin without delay, and no later than the working day following the resolution of the defect notification.

The new or replacement product will be delivered to the Customer in the same way as agreed for the ordered Product (pickup from the shop or delivery to the agreed address); see the section Delivery to the Customer.

19. Delayed Product

If the Product covered by a confirmed Order has not been delivered within the time set out in the service promise for a reason attributable to the Supplier, the Supplier will refund the Customer twice the price of the delayed Product.

20. Situations outside the Supplier's liability

The Supplier is not liable for:

• Damage or defects caused to the Product after it has been handed over to the Customer.
• Damage or defects resulting from the Customer's failure to store the Product properly or from handling errors by the Customer.
• Damage if the Customer has not followed the procedure described in section 17 above when a defect arises.
• Force majeure; see section 27 below.
• Indirect damage; see section 28 below.

21. Customer's duty to cooperate

The Customer must, for their part, help to ensure that the Supplier can fulfil its obligation to deliver a Product in accordance with the agreement. This essentially means that:

• the information provided by the Customer is accurate,
• the Customer checks the order confirmation sent by the Supplier without delay,
• the Products are paid for properly,
• the Customer arranges to receive the delivery of the Product appropriately and, in doing so, follows what has been stated above about inspecting the Product.
• the Customer stores the Product properly.

22. Refund of the purchase price due to a defect

If the Product is defective for a reason attributable to the Supplier and no new or replacement delivery is made, the Supplier will refund the purchase price of the defective Product to the Customer. The refund is made by returning the payment for the defective Product to the Customer. The refund is made using the payment method used. Online banking payments are refunded to the account from which the payment was made. If no account number is available, the refund is arranged as a payment order or postal order. Credit card payments are refunded to the credit card company concerned, which processes the refund on its statement.

23. Unfounded defect notification

The Customer is obliged to compensate the Supplier for all damage, costs, losses and lost time caused by an unfounded defect notification. In addition, misuse is always reported to the authorities.

24. Products and price lists

The Products available in the product range and the price list are shown in the online shop at www.hyvakakku.fi. The Supplier decides on and is responsible for the content of the product range and the online shop.
The Supplier has the right at any time to make decisions about the Products available in the product range and the online shop, such as adding or removing Products. The Supplier has the right to update the design and content of the online shop. The Supplier also has the right to change prices.

25. Customer communications

After an order, Hyväkakku has the right to send the Customer marketing messages about Hyväkakku's own products and services by email and through other electronic communication channels. The Customer can unsubscribe from marketing messages at any time via the unsubscribe link in the message or by contacting Hyväkakku's customer service.

26. Online shop data protection

Further information on data protection is provided in the privacy notice, which can be viewed at https://www.hyvakakku.fi/tietosuojaseloste/

27. Relationship to the Consumer Protection Act

To the extent that consumer protection legislation contains mandatory provisions in the consumer's favour, those provisions take precedence over these terms.

28. Force majeure

Force majeure releases the Supplier from its obligations under the agreement. Force majeure means a circumstance beyond the Supplier's control which it could not reasonably have been expected to take into account when the agreement was concluded and the consequences of which it could not reasonably have avoided or overcome. In such cases, the Supplier is not obliged to compensate the customer for any damage caused by delayed or defective delivery. Examples of force majeure include an interruption of or serious disruption to transport or payment services, staff illness, industrial action in the bakery or transport sector, an accident, a hazardous situation or the threat of one. The Supplier is not liable for any delay or defect caused by these reasons.

29. Liability for indirect damage, etc.

The Supplier is under no circumstances liable to the customer, in respect of a product defect, delayed delivery or failure to deliver, for any possible indirect damage. Distress, inconvenience or similar will not be compensated. Unless a new delivery is an option, the Supplier's monetary liability is limited in all situations to no more than the amount of the order paid by the customer.

The above limitation of liability does not apply to damage caused intentionally or through gross negligence.

30. Changes to the terms

Mammun Hyväkakku Oy reserves the right to change these terms unilaterally without prior notice. Orders not yet delivered are subject to the terms in force at the time the order confirmation was sent. If the applicable law that mandatorily governs the agreement between the Customer and the Supplier changes, the applicable law will be followed in accordance with its provisions on entry into force.