Terms of service

These General Terms and Conditions of Sale govern the purchase of the products offered through the online store cremacheesecakes.com.

Crema Cheesecakes S.L. is committed to transparency and clarity in the commercial transactions carried out through this website. We therefore recommend that you read these terms carefully before making a purchase.

By placing an order and ticking the relevant acceptance box, the customer declares that they have read, understood and fully accepted these General Terms and Conditions of Sale.

These terms govern the contractual relationship between Crema Cheesecakes S.L. and the persons purchasing the products sold through the online store.

Crema Cheesecakes S.L. may amend these terms in order to adapt them to legislative, technical or commercial changes, or to changes in the operation of the store. The terms applicable to each order will be those published and accepted at the time the purchase is completed.

1. Identification of the seller

In compliance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the following information is provided:

• Company name: Crema Cheesecakes S.L.
• Trading name: Crema Cheesecakes
• Tax identification number: B-27538842
• Registered office: P. I. Rebullón, s/n, 36416 Mos, Pontevedra, Spain
• Email address: info@cremacheesecakes.com
  
• Telephone: +34 886 40 10 27
  
• Website: cremacheesecakes.com
  
• Business activity: Production and online sale of cheesecakes and other baked goods.
• Purpose of the website: Online sale of food products, particularly cheesecakes and other baked goods.
• Company registration details: Registered with the Commercial Registry of Pontevedra, entry 1, company record PO-76761, IRUS 1000470609552.

2. Applicable legislation

These terms shall be interpreted in accordance with the applicable Spanish and European legislation, particularly:

• Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.
• Spanish Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.
• Spanish Law 7/1996 of 15 January on Retail Trade.
• Spanish Law 37/1992 of 28 December on Value Added Tax.
• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
• Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.
• The applicable rules on food safety, labelling, allergens, hygiene, consumer protection and electronic commerce.

3. Scope and eligible customers

These terms apply to all orders placed through cremacheesecakes.com.

The products are intended for natural persons over the age of 18 and for legal entities with sufficient legal capacity to enter into contracts.

Minors may not place orders unless they act with the authorisation and supervision of their parents, guardians or legal representatives.

By placing an order, the customer declares that they have sufficient legal capacity to contract and that the information provided is truthful, accurate, complete and up to date.

4. Product characteristics

Crema Cheesecakes sells cheesecakes and other baked goods that are food products of a refrigerated and perishable nature.

The essential characteristics of each product, including its description, size, ingredients, allergens, price, storage instructions and, where applicable, availability, are shown on the relevant product page before purchase.

Customers must carefully review the product information before adding it to the basket and placing the order, particularly the information concerning ingredients, allergens, storage and consumption.

Product images are for illustrative purposes. Due to the handmade nature of the products, there may be minor variations in colour, finish, texture or presentation that do not affect their quality or essential characteristics.

Products are not made to individual specifications and cannot be personalised, unless expressly stated otherwise on the relevant product page.

5. Ingredients, allergens and food information

Information relating to ingredients and substances or products that may cause allergies or intolerances will be displayed on each product page or otherwise provided before the purchase is completed.

Customers are responsible for reviewing this information before placing an order.

In the event of an allergy, food intolerance or specific dietary requirement, the customer must review the product composition and, in case of doubt, contact Crema Cheesecakes before making the purchase:

• Email address: info@cremacheesecakes.com
  
• Telephone:  +34 886 40 10 27
  

Products are prepared in facilities where different allergens may be handled. Information on possible traces will be included on the product page or label where applicable.

6. Product availability

All orders are subject to product availability.

The inclusion of a product in the online store does not guarantee its permanent availability. Crema Cheesecakes may withdraw products, change their availability or limit the number of units that may be purchased in a single order.

If, after the order has been confirmed, a product is found to be unavailable, Crema Cheesecakes will inform the customer as soon as possible and offer, as appropriate:

• Replacement with another product, subject to the customer's express acceptance.
• Amendment of the order.
• A refund for the unavailable product.
• Cancellation and full refund of the order.

No replacement will be made without first informing the customer and obtaining their acceptance.

7. How to place an order

To make a purchase, the customer must follow these steps:

7.1. Product selection

The customer may browse the catalogue, review the product pages, select the desired quantities and add them to the shopping basket.

7.2. Basket review

Before proceeding with the purchase, the customer may review the selected products, change the quantities or remove products from the basket.

7.3. Identification and delivery details

The customer must provide the information required to process and deliver the order, including:

• First name and surname.
• Delivery address.
• Billing address, where different.
• Email address.
• Telephone number.
• Any tax information required where an invoice is requested.

The information provided must be accurate, complete and up to date. The customer will be responsible for delays, failed deliveries or additional costs arising from incorrect or incomplete information attributable to them.

7.4. Delivery selection

During the checkout process, the available delivery method, its cost and the applicable conditions will be displayed.

7.5. Payment method selection

The customer may select one of the payment methods enabled during the checkout process.

7.6. Final review and acceptance

Before completing the order, the customer may review the products, quantities, delivery address, delivery method, charges, taxes and total price.

The customer must expressly accept these General Terms and Conditions of Sale and, where applicable, the Privacy Policy.

7.7. Completion of the purchase

The order will be completed when the customer clicks the “Pay now” button.

By clicking this button, the customer expressly acknowledges that the order entails an obligation to pay.

8. Order confirmation and acceptance

Once the purchase has been completed, the customer will receive an order confirmation email at the address provided.

The confirmation may include:

• The order number.
• The products purchased.
• The selected quantities.
• The price of the products.
• The applicable taxes.
• The delivery charges.
• The total price.
• The delivery address.
• The payment method.
• The delivery method or estimated delivery date.
• A link to these General Terms and Conditions of Sale.

The automatic order acknowledgement email will not prevent Crema Cheesecakes from carrying out subsequent checks relating to payment, availability, obvious errors or the feasibility of delivery.

If the customer does not receive the confirmation, they should check their spam folder or contact: info@cremacheesecakes.com .

9. Storage of the contract

The electronic document formalising the purchase will be stored in the systems associated with the Shopify platform for the periods required to manage the contractual relationship and comply with applicable legal obligations.

The customer may retain the confirmation received by email and, where they have a customer account, consult the available information relating to their orders.

They may also request information concerning their order by writing to info@cremacheesecakes.com .

10. Technical means for correcting errors

Before clicking the “Pay now” button, the customer may review and correct the information entered during checkout.

They may change the products and quantities in the basket, their contact details, the delivery address, the billing address and the payment method, where the platform allows such changes.

If the customer notices an error after placing the order, they must notify us as soon as possible at: info@cremacheesecakes.com .

Changes may only be made while the order has not yet been prepared, packed or marked as ready for dispatch.

11. Prices

The applicable prices will be those displayed in the online store at the time the order is placed.

Unless expressly stated otherwise, prices are displayed in euros and include the applicable Value Added Tax.

Before completing the purchase, the following will be displayed separately:

• The price of the products.
• Any applicable discounts.
• Taxes.
• Delivery charges.
• The total amount payable.

Crema Cheesecakes may change its prices at any time. Price changes will not affect orders already placed and confirmed, except in the case of an obvious pricing error.

12. Obvious errors in prices or descriptions

Although Crema Cheesecakes takes steps to keep the information in the store up to date, technical, typographical or human errors may occur.

If a displayed price is clearly incorrect and reasonably recognisable as such, Crema Cheesecakes will inform the customer before preparing the order.

In such a case, the customer may:

• Confirm the purchase at the correct price.
• Cancel the order and receive a full refund of the amount paid.

Crema Cheesecakes will not unilaterally change the price of a confirmed order without informing the customer and giving them the option to cancel it.

13. Delivery charges

13.1. Standard delivery

Standard delivery charges within mainland Spain are €3.95.

Standard delivery is free for orders with a value equal to or greater than €40, after discounts have been applied and before delivery charges are added.

13.2. Saturday delivery

Where the customer selects Saturday delivery, the delivery charge will be €8.95.

For orders with a value equal to or greater than €40, Saturday delivery will cost €5.

Saturday delivery is subject to logistical availability, postcode coverage, public holidays and the options displayed during checkout.

13.3. Calculation of the free-delivery threshold

Unless otherwise stated during a promotion, the free-delivery threshold will be calculated on the value of the products after discounts and promotional codes have been applied.

The applicable delivery charges will be displayed before the customer clicks the “Pay now” button.

14. Payment methods

Payment must be made in advance for the full amount of the order.

The store accepts the following payment methods:

14.1. Card payment through Shopify Payments

The customer may pay for the order using the cards and payment methods enabled through Shopify Payments.

Payment authorisation and processing are carried out through the payment provider's secure systems.

Crema Cheesecakes S.L. does not store full bank card details.

14.2. PayPal

The customer may pay using PayPal where this option is enabled.

When PayPal is selected, the customer will be redirected or connected to the provider's environment in order to authorise the transaction in accordance with its terms.

14.3. Payment confirmation

The order will only be prepared once payment has been authorised or confirmed.

If the payment provider rejects, revokes or does not authorise the transaction, the order cannot be processed.

Refunds will be made, unless technically impossible or otherwise agreed, using the same payment method used for the purchase.

15. Promotional codes and discounts

Crema Cheesecakes may occasionally offer promotional codes, vouchers, discounts or special offers.

Promotions will be subject to the specific conditions communicated in each case, including their validity period, included products, minimum purchase amount, usage limits and possible exclusions.

Unless expressly stated otherwise:

• Promotional codes may not be combined.
• Only one code may be used per order.
• Codes must be used within their validity period.
• Codes cannot be exchanged for cash.
• Codes will not be applied retrospectively to orders already placed.
• Codes may be limited to one use per customer.

Crema Cheesecakes may cancel a code or promotion where it detects fraud, an obvious error, duplicate accounts, manipulation or use contrary to the applicable conditions, without prejudice to the customer's statutory rights.

16. Delivery area

The store delivers exclusively to addresses located in mainland Spain.

We do not deliver to:

• The Balearic Islands.
• The Canary Islands.
• Ceuta.
• Melilla.
• PO boxes.
• Destinations outside mainland Spain.

Crema Cheesecakes may restrict delivery to certain areas or postcodes where refrigerated transport or delivery under suitable conditions cannot be guaranteed.

17. Transport

Orders will primarily be shipped using MRW.

Crema Cheesecakes may use another carrier where necessary to ensure delivery, resolve an incident or improve the service, provided that the essential conditions communicated to the customer are respected.

In order to manage the shipment, the carrier will receive only the information strictly necessary, such as the recipient's name, address, telephone number, email address and order details required for delivery.

18. Delivery days and times

Deliveries are made from Tuesday to Saturday on working days.

The estimated transit time is 24 hours from dispatch of the order, provided that:

• The product is available.
• Payment has been confirmed.
• The delivery address is correct and within the delivery area.
• There are no public holidays or exceptional logistical circumstances.
• The order has been prepared within the applicable operating hours.

The 24-hour period is an estimated transit time and does not necessarily mean that every order will be dispatched on the same day on which it is placed.

The estimated date or available options will be displayed during checkout or stated in the order confirmation.

Sundays, Mondays and public holidays are not considered standard delivery days.

19. Delays

Crema Cheesecakes will take reasonable steps to ensure that orders are delivered within the stated timeframe.

However, delays may occur due to circumstances beyond its control, such as:

• Carrier incidents.
• Public holidays.
• Adverse weather conditions.
• Traffic disruption or access problems.
• Incorrect or incomplete addresses.
• Absence of the recipient.
• Force majeure.

Where Crema Cheesecakes becomes aware of a significant delay, it will attempt to inform the customer by email or telephone and provide an appropriate solution.

Due to the perishable and refrigerated nature of the products, if a delay may compromise their safety, quality or suitability for consumption, the customer must contact Crema Cheesecakes before consuming them.

20. Delivery and receipt of the order

The order will be delivered to the address provided by the customer during checkout.

The customer must provide an address where someone is available to receive the shipment on the expected delivery date.

Upon receipt, the customer or recipient must check the external condition of the parcel.

If the packaging shows dents, breakage, moisture, opening, tampering or any sign of damage, we recommend:

• Recording the incident on the carrier's delivery note or device.
• Taking photographs of the packaging before opening it.
• Keeping the packaging, label and contents.
• Reporting the incident to Crema Cheesecakes as soon as possible.

Signing for or accepting delivery without reservation does not prevent a subsequent claim for a lack of conformity that was not visible at the time of delivery.

21. Failed deliveries

If delivery cannot be completed due to the recipient's absence, incorrect information, lack of access to the premises or any other cause attributable to the customer, the carrier may contact the customer or attempt a further delivery in accordance with its procedures.

Due to the perishable nature of the products, the customer must cooperate in receiving the order at the first delivery attempt.

Where a failed delivery is attributable to the customer and a new shipment is required, Crema Cheesecakes may require payment of the additional costs actually incurred, provided that the customer is informed in advance.

Crema Cheesecakes will not be responsible for deterioration caused by the inability to deliver the order where this results from an incorrect address, repeated absence, unjustified refusal or lack of cooperation attributable to the customer.

The above will not apply where the failure to deliver is attributable to Crema Cheesecakes or the carrier.

22. Storage and consumption

Products must be kept refrigerated at a temperature between 2 °C and 4 °C.

Once the order has been received, the customer must place it in the refrigerator as soon as possible and follow the instructions included on the packaging, label or product page.

The optimal consumption period is 3 to 4 days, without prejudice to any use-by date, best-before date or specific instructions stated on the product.

In the event of any discrepancy, the instructions and dates shown on the product label will prevail.

The customer must avoid:

• Unnecessarily breaking the cold chain.
• Leaving the product at room temperature for extended periods.
• Consuming the product after the stated date.
• Consuming the product if it shows obvious signs of deterioration.
• Returning it to refrigeration after it has remained outside the recommended conditions for an unsuitable period.

Crema Cheesecakes will not be responsible for deterioration occurring after delivery as a result of storage, handling or consumption contrary to the instructions provided.

23. Order cancellations

The customer may request cancellation of the order and a full refund provided that the order has not yet been prepared, packed or marked as ready for dispatch in Shopify's order management system.

The request must be sent as soon as possible to: info@cremacheesecakes.com .

The request must include:

• First name and surname.
• Order number.
• Email address used for the purchase.
• An express request for cancellation.

Receipt of the request does not guarantee cancellation. Crema Cheesecakes will check the status of the order and confirm whether it can still be stopped.

Once the order has been prepared, packed and marked as ready for dispatch, it cannot be cancelled due to the perishable nature of the products and because the logistical process will already have begun.

24. Right of withdrawal

In accordance with Article 103(d) of Spanish Royal Legislative Decree 1/2007 of 16 November, the right of withdrawal does not apply to the supply of goods that are liable to deteriorate or expire rapidly.

Due to their food, refrigerated and perishable nature, the cakes and other products sold by Crema Cheesecakes cannot be returned simply because the customer has changed their mind, selected the wrong product or failed to consume it within the recommended period.

This exclusion does not limit the customer's rights where the product:

• Arrives damaged or deteriorated.
• Is not fit for consumption.
• Does not correspond to the order placed.
• Shows a lack of conformity.
• Has been affected by an incident attributable to Crema Cheesecakes or the carrier.

25. Returns

Due to the food and perishable nature of the products, physical returns will not be accepted unless Crema Cheesecakes expressly requests them in order to assess an incident.

The customer must not return any product on their own initiative or send it carriage forward without first contacting Crema Cheesecakes and receiving instructions.

In many cases, due to the nature of the food product, a claim may be resolved using photographs, order information and logistical checks, without the need to return the product.

Where Crema Cheesecakes requests the return or collection of a non-conforming product, it will bear the relevant costs.

26. Reporting incidents

Due to the perishable and refrigerated nature of the products, the customer must check the condition of the order immediately after receiving it.

If the order arrives damaged, shows breakage, an apparent interruption of the cold chain, deterioration, missing products, incorrect contents or any other visible issue, we recommend reporting it within 24 hours of delivery.

The incident must be reported to: info@cremacheesecakes.com .

Where possible, the communication should include:

• First name and surname.
• Order number.
• A detailed description of the incident.
• Approximate date and time of delivery.
• Photographs of the outer packaging.
• A photograph of the shipping label.
• Photographs of the affected product.
• Any relevant information concerning its temperature or condition.

Reporting the incident within the first 24 hours facilitates verification of the transport circumstances and the handling of the claim.

However, the expiry of this period will not in itself result in the loss of any statutory rights available to the customer in respect of a lack of conformity.

27. Lack of conformity

A product will be considered conforming where it matches the description, quantity, quality, characteristics and conditions communicated before purchase and is suitable for the normal purposes of products of the same type.

A lack of conformity may exist, among other cases, where:

• A product different from the one ordered is delivered.
• Units included in the order are missing.
• The product arrives damaged or deteriorated for reasons not attributable to the customer.
• It does not meet the essential characteristics advertised.
• It is not fit for consumption at the time of delivery.
• The use-by or best-before date does not reasonably allow consumption under the conditions offered.

Conformity will be assessed taking into account the perishable nature of the product, its shelf life, transport conditions, the time of delivery and the storage instructions.

28. Remedies for damaged or non-conforming products

Where it is confirmed that a product was delivered damaged, deteriorated, unfit for consumption or not in accordance with the contract, Crema Cheesecakes will offer the legally appropriate remedy, taking into account the nature of the product and the circumstances.

The remedy may consist of:

• Replacement of the product.
• A new shipment at no cost.
• A proportionate price reduction.
• A refund for the affected product.
• Cancellation and refund of the order where the incident is sufficiently serious.

Remedies for a lack of conformity will be free of charge for the consumer, including any necessary shipping or transport costs.

The remedy will be provided within a reasonable period and with the aim of avoiding significant inconvenience to the customer.

29. Refunds

Where a refund is due, it will be made using the same payment method used for the purchase, unless technically impossible or expressly agreed otherwise with the customer.

Crema Cheesecakes will process the refund without undue delay once entitlement to the refund has been verified.

The time required for the amount to appear in the customer's account may depend on Shopify Payments, PayPal, the card issuer or the customer's bank.

No charge will be imposed on the consumer for a refund that is legally due.

30. Rejected or suspended orders

Crema Cheesecakes may reject, suspend or cancel an order before dispatch where there is a justified reason, such as:

• Lack of availability.
• Unauthorised payment or reasonable suspicion of fraud.
• Clearly false, incomplete or inconsistent information.
• An address outside the delivery area.
• Inability to guarantee delivery under suitable conditions.
• An obvious error in the price or description.
• Abusive or fraudulent use of promotions.
• A serious breach of these terms.

Where an order has already been paid for and is cancelled by Crema Cheesecakes, the amounts paid for products not supplied will be refunded.

31. After-sales service and customer support

For enquiries, amendments, cancellations, incidents, claims or matters relating to an order, the customer may contact us through:

• Email address: info@cremacheesecakes.com
  
• Telephone:  +34 886 40 10 27
  
• Postal address: Crema Cheesecakes S.L., P. I. Rebullón, s/n, 36416 Mos, Pontevedra, Spain.

To facilitate handling, the customer should provide the order number and clearly explain the reason for the enquiry.

32. Sample complaint form

Customers may use the following template to submit a complaint. Its use is not mandatory.

33. Personal data protection

Personal data provided during the purchase process will be processed by Crema Cheesecakes S.L. for the purposes of managing the order, payment, invoicing, delivery, customer support and compliance with legal obligations.

Providers such as Shopify, Shopify Payments, PayPal and MRW may be involved in providing these services, under the terms set out in the Privacy Policy.

Customers can find full information about the processing of their data and the exercise of their rights in the Privacy Policy .

Information concerning the use of cookies and similar technologies is available in the Cookie Policy .

34. Confidentiality

Information provided by the customer during the purchase process will be treated as confidential and will only be disclosed to third parties where necessary to manage the order, provide the contracted services, comply with legal obligations or protect legitimate rights.

Employees, collaborators and providers who may access personal information will be subject to the relevant confidentiality obligations.

35. Liability

Crema Cheesecakes will be responsible for supplying the products under the terms set out in these conditions and in accordance with applicable legislation.

Crema Cheesecakes will not be liable for damage directly resulting from:

• Incorrect storage after delivery.
• Failure to follow refrigeration or consumption instructions.
• The customer providing an incorrect or incomplete address.
• The recipient's absence or unjustified refusal.
• Consumption of the product despite obvious signs of deterioration.
• An allergy or intolerance where the relevant information was correctly provided.
• Improper use or use contrary to the nature of the product.

Nothing in these terms excludes or limits Crema Cheesecakes' liability where such exclusion or limitation is prohibited by consumer protection legislation.

36. Force majeure

Neither party will be liable for non-performance or delay caused by unforeseeable or unavoidable circumstances beyond their reasonable control.

These circumstances may include:

• Extreme weather events.
• Natural disasters.
• Fires.
• General labour disputes.
• Serious transport disruption.
• Administrative restrictions.
• Public health emergencies.
• Widespread telecommunications or power failures.
• Any other comparable circumstance beyond the reasonable control of the affected party.

In such cases, Crema Cheesecakes will inform the customer where reasonably possible and attempt to offer an appropriate solution, which may include rescheduling delivery or providing a refund where the order cannot be fulfilled.

37. Electronic communications

By making a purchase, the customer agrees to receive the electronic communications required to manage the order, including confirmations, invoices, payment notices, preparation, dispatch, tracking, delivery and incident notifications.

These communications are transactional and do not depend on consent to receive advertising.

Marketing communications will only be sent where there is a lawful basis to do so, and the recipient may unsubscribe in accordance with the Privacy Policy.

38. Alternative dispute resolution

In the event of a dispute, the customer may first contact Crema Cheesecakes' customer service team in an attempt to reach an amicable solution:

info@cremacheesecakes.com

Consumers may also refer the matter to the competent alternative consumer dispute resolution bodies in accordance with applicable legislation.

39. Severability

If any provision of these terms is declared void, invalid or unenforceable, that declaration will not affect the validity of the remaining provisions.

The affected clause will be interpreted or replaced to the extent necessary to bring it into compliance with applicable law while preserving its purpose as far as possible.

40. Language

The contract may be concluded in Spanish and, where the store offers a translated version, in the other languages available during checkout.

In the event of an interpretative discrepancy between versions and where permitted by law, the Spanish version will prevail, without prejudice to the rights granted to consumers.

41. Governing law and jurisdiction

These General Terms and Conditions of Sale are governed by Spanish law.

Where the customer is acting as a consumer, any dispute will be submitted to the courts having jurisdiction under consumer protection legislation, normally the courts of the consumer's place of residence.

Where the customer is acting as a business or professional and the applicable law allows the parties to agree on jurisdiction, the parties submit to the courts of Pontevedra, unless otherwise agreed or a mandatory rule provides otherwise.

42. Amendments to these terms

Crema Cheesecakes S.L. may update these terms in order to adapt them to legislative changes, administrative or judicial decisions, changes to the services, new payment methods, logistical changes or improvements to the operation of the store.

Amendments will not apply retrospectively to orders already placed, unless they are more favourable to the customer or are required by law.

Last updated: 6 August 2026.