Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site.
Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 12. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 05 December 2021.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.3LDubai.com. We are Tres Leches Pastelerias Catering Services (hereinafter referred to as 3LDubai), a company registered in the Emirate of Dubai with Dubai Economic Department under company number 907740 and with our registered office at Al Sagr Business Tower, Office 401, Dubai, United Arab Emirates.
1.2 To contact us, please email us at info@3LDubai.com.
Due to recent events, our customer service team is currently working remotely to minimize all non-essential contact. Please contact us here and we will be happy to help you. Please note we are dealing with a higher volume of emails than normal, but we will endeavor to get back to you within 1-2 working days.
2. Use of our Site
2.1 The following constitutes a legal agreement between you and us with respect to our website service, the terms of which are set out below.
2.2 You must be at least 18 years of age to agree to and enter into this agreement on your own behalf and to register for use of our Site. If you are under 18 but at least 15 years of age, you must present these Terms to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
2.3 When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of these Terms, you represent that (i) you have read, understood and agree to be bound by these Terms and (ii) you are at least 18 years old, either entering into this agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
3. Accessing Our Site
3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below).
3.2 We will not be liable if for any reason our Site is unavailable at any time or for any period.
3.3 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.
4. Our Products
4.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products will vary slightly from those images especially as each product is handmade and decorated and we may change the manner in which the Product is decorated.
5. Terms & Conditions for Purchase of Products
5.1 Our website service permits you to purchase our Products from our Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
5.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation and Invoice to notify you of the fact we have received and accepted your order.
5.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.4 If you notice an error in the Order Confirmation you must notify us by email at least 2 whole working days before the order is due to be collected or delivered. This does not apply to special orders, please see clause 5.11 for special orders and cancellation terms.
5.5 If you wish to cancel your order for any reason, you can edit or cancel the order yourself via the View your Order link for up to 30 minutes after you place your order. Otherwise you must notify us at least 2 whole working days before your order is due to be delivered by e-mailing us at info@3LDubai.com to cancel or amend.
For same or next day deliveries, please note once your order has been processed and you have received tracking information, we are unable to cancel or make any amendments to your order. It is at our discretion if we cancel and refund on the day prior to delivery and will be taken on a case by case basis.
Orders will be refunded to the original payment method.
This does not apply to special orders, please see clause 5.11 for special orders and cancellation terms.
5.6 As our Products are custom made and perishable your legal right to refund or cancel a Contract under the Consumer Protection Law No (15) of 2020 do not apply.
5.7 If you wish to add to or change your order, or change the date or time of delivery or collection of your order, you can edit the order yourself via the View your Order link for up to 30 minutes after you place your order. After this, please contact us 2 whole working days in advance on info@3LDubai. We will do our best to accommodate your needs, subject to kitchen space and any new Product requested being available to permit us to make your products. This does not apply to special orders, please see clause 5.11 for special orders and cancellation terms.
For next day deliveries, please note once your order has been processed and you have received tracking information, we are unable to cancel or make any amendments to your order. It is at our discretion if we cancel and refund on the day prior to delivery and will be taken on a case by case basis.
5.8 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out here will become effective.
5.9 All Products shown on our Site are subject to availability. We reserve the right to substitute suitable alternative Products. This will ensure we are able to deliver Products to you on the date you were expecting.
5.10 Please note we cannot place perceived profanity on the personalisation disc. If we believe your message has the potential to offend, we will amend it if possible or we will refund you the sum paid. We reserve the right to amend any personalisation disc containing profanity without notifying you in advance, but we will always try to make contact with you before doing so either via phone or email.
5.11 Terms & Conditions for Purchase of Special Orders
5.11.1 All special orders are 50% non-refundable.
5.11.2 If you need to amend an order, i.e. make the cake bigger or smaller, change the design choice for another one on the website, or flavours, if the cost of the cake is less once the amendments are made, a gift card will be given for the difference in value. A cash refund will not be given.
5.11.3 If you wish to delay delivery, we need to be given no less than 3 full days’ notice. If you do not have a new delivery date at the time of requesting to delay we can put delivery on hold indefinitely until you get in touch again. We will need 5 days notice to reinstate an order.
5.11.4 If you wish to cancel an order we need to be given no less than 3 full days’ notice.
5.11.5 If you are cancelling voluntarily (i.e. not cancelling due to government imposed COVID restrictions), the options available are:
o Delay delivery – see comments above.
o Cancel the order entirely, and receive a gift card for the full value of the cake.
o Cancel the order entirely, and receive a 50% cash refund.
5.11.6 If you are cancelling due to government imposed restrictions materially affecting your planned celebration, the options available are:
o Delay delivery – see comments above.
o Cancel the order entirely, and receive a gift card for the full value of the cake.
o Cancel the order entirely, and receive a cash refund for the value of the order less a AED50 admin charge.
6. Price & Payment
6.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
6.2 Our prices exclude delivery costs, which will be added to the total amount due before completion of your order and can be checked on our FAQ’s page.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
6.4 As our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures and where a Product’s correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product’s correct price is higher than the price stated on our Site we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
6.5 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed.
6.6 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or for any reason does not authorize payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
6.7 Prices may differ according to sales channel. This means prices on our website can be different from prices on our shop and other outlets at any given time, and we are not obligated to match the prices.
7. Availability, Delivery & Collection
7.1 The Products ordered by you will be delivered to the delivery address provided by you to us at the time of placing your order, or subsequently provided and we confirm to you the address can be amended. We do not check addresses you provide us with on your order. If your order is for collection this will be from one of our locations as designated by you in the timescale set out in our FAQ’s or as otherwise agreed in writing between us.
7.2 As our business is regional we are only able to deliver to the areas detailed in our FAQ’s and shown on each individual product page under the delivery section.
7.3 If for any reason you find yourself unable to collect your order from the designated location within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by credit card we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24-48 hours (subject to delivery availability).
7.4 In the case of deliveries, if for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us, we will take the Products back and retain the same overnight. Redelivery will be attempted for a fee of AED 35 the next day to the same address as was provided on the order unless you have given us or the courier company an alternative address and this new delivery address has been acknowledged. We cannot guarantee redelivery the next day to a new address, so your redelivery may not take place within the following 24 hours.
7.5 Products which were due to be collected by you from the designated location and which you failed to collect on the appointed day or Products which we have taken back to our kitchen because you were not available to receive the delivery, will be kept refrigerated but we cannot accept any responsibility for deterioration of the Products.
8. Risk & Title
8.1 The Products will be at your risk from the time you collect the Products from the designated location or we deliver them to you.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
9. Refund Policy
9.1 We hope that you will be pleased with your Products. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the flavour of Product is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by e-mail on info@3LDubai.com. If a Product is not as on the Order Confirmation or damaged, we will credit or refund your purchase. In the case of damaged or incorrect goods you must take photographic evidence and email this to us, and retain the damaged or incorrect Products and all packaging for inspection by us. Subject to our report on the claimed damage or incorrect goods and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. When emailing us please state clearly your Order Number, date of order, name and delivery address details and provide photos of any damaged/incorrect Product together with a photo of the complete delivery slip and any labelling on the packaging which might be on the back, side or underneath.
9.2 We will only make a refund to the original payment method used by you to make the online purchase. Once we have issued a refund of any such payment to you, the ownership of the Products will pass back to us and we may at our discretion allow you to keep the Products.
9.3 If you have purchased your Products from one of our stores you must produce your original receipt, credit or debit card receipt and card used at the time of purchase, refunds will not be made without this proof or purchase and payment.
9.4 Taste is a very personal matter and is subjective. We cannot accept the return of any Products merely because you do not like the taste of them.
9.5 We will not accept the return of any Products which have been purchased from any outlet other than this online Site and you must return the Products to the outlet you purchased them at.
9.6 Gift vouchers are strictly nonrefundable. Store or Potion Room vouchers can be exchanged for our general online gift vouchers of equivalent value upon request. Vouchers are cash redeemable and every voucher is £0.01 cashable value.
9.7 All credit or debit card refunds will be subject to a card handling charge of 2.5% to cover the credit/debit card company fees.
9.8 If the recipient of the Product as named on the order contacts us regarding a damaged or incorrect item, and the recipient differs from the person who ordered and paid for the Products, where we reach an agreement with the named recipient regarding a credit for the Products, no further remedy will be available for the person who ordered and paid for the Products.
10. Misuse of the Site
10.1 We reserve the right to suspend or terminate your access to our Site or parts of it if at our sole discretion we believe you are in breach of any provision of these Terms. If your access has been suspended or terminated you will not be permitted to re-register or to re-access our Site without our prior consent.
10.2 You will only use our Site for the purposes referred to in these Terms and not access the Site or use information gathered from it to send unsolicited emails.
11. Your Indemnity to us
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’, barristers or attorneys’ fees and court costs) arising from or concerning any breach by you of our agreement and/or these Terms for your use of our Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result of any of these.
12. Other important terms
12.1 We may require you to change your username or any other information which permits you access to purchase Products from our Site.
12.2 We have the right to withdraw any Product from our Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
12.3 These Terms and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of our Site
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
12.7 We have the right at any time and from time to time to modify or discontinue, temporarily or permanently our Site (or any part thereof) without notice to you and without any liability to you or to any third party.
12.8 We have 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 for a further 3 months after deactivation has occurred.
12.9 Links to third party websites on our Site are provided solely for your convenience. If you use these links you will be leaving our Site. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We do not and cannot 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 our Site you do so entirely at your own risk.
12.10 We welcome ‘hot links’ to our Site, but not ‘deep linking’ meaning 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 our 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 the agreement between us or other remedies as set out in this agreement.
12.11 It is the responsibility of advertisers and sponsors on our Site to ensure that any content submitted by them for inclusion on our Site accurately reflects the goods or services which they are offering and complies with applicable laws and regulations. We shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
13.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in these Terms is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed one hundred AED (AED 100).
Relating to our Site:
13.2 You understand and agree that your use of our Site is at your own sole risk. Our Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using our Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
13.3 We make no warranty that any particular device or software you use will be compatible with our Site. It is your sole responsibility to ensure that your system(s) will function correctly with our Site.
13.4 Under no circumstances shall we be liable for any unauthorized use of our Site or our Products.
13.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use our Site, even if we have been advised of the possibility of such damages.
13.6 We will not be liable for errors or omissions on our Site nor for loss or damage suffered by you as a result of any unavailability of our Site or by any use by you or reliance placed on our Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
13.7 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon our Site.
13.8 Our site is provided “as is” and you acknowledge that despite our reasonable endeavors our Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavors to correct any errors and omissions as quickly as practicable after being notified by email info@3LDubai.com.
13.9 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to our Products.
Relating to our Products:
13.10 The Products we sell are fresh on the day of delivery to, or collection by, you and are best consumed that day:
13.10.1 3LDubai cakes will remain fresh for a further 2 days from the time of delivery or collection if kept by you refrigerated in the jar or box provided. Please note the texture of your cake will become softer the longer they are kept. Cakes left out of refrigeration or kept for a longer period than 2 days are kept at your own risk and we are not liable for any deterioration of the cakes in these circumstances.
13.10.2 All items not mentioned previously in this clause will have a “best before” date stamped on them. You can also view our shelf life recommendations here.
13.11 Products which were due to be collected by you from the designated location and which you failed to collect on the appointed day or Products which we have taken back to our kitchen because you were not available to receive the same during the delivery slot agreed for you, will be kept refrigerated for 1 day before being discarded without a right to refund or cancellation but we cannot accept any responsibility for deterioration of the Products.
13.12 We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from the designated location if you or your courier/agent have signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection/delivery, or have completed the collection and taken the Products away from the designated location, which we will take as express confirmation that the goods were in good condition and undamaged at the point of collection/delivery
13.13 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
13.14 Unless stated otherwise on our website, all our products contain allergens such as gluten, sugar, milk, eggs, nuts, sesame, and soya. For products advertised as free of certain allergens, however, since our kitchens do handle all the above allergens, we cannot guarantee that traces of these will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
14. Transfer of Rights and Third Party Rights
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. In accordance with clause 9.8 if at our discretion we reach an agreement with any recipient in respect of an incorrect or damaged order, no further remedy will be available for the person who placed and paid for the Products.
15. Applicable Law
These Terms are governed by UAE Law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by UAE Law. You and we both agree that the courts of the Emirate of Dubai will have non-exclusive jurisdiction.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include email.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to info@3LDubai.com . We will confirm receipt of this by contacting you in writing, normally by email. You must provide us with your contact address, e-mail and telephone number.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17. Your Acknowledgement to Us
17.1 You acknowledge that we may change these Terms by posting new or updated Terms on our Site.
17.2 You acknowledge that it is your responsibility to check our Site regularly to ascertain if changes have been made and your continued use of our Site after such a change will constitute your acceptance of the changes.
17.3 By reading these terms together with our Privacy and Cookies Policy and continuing to use our Site you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy and Cookies Policy both of which are available on our Site.
3LDubai – Terms and Conditions – vs. 1.0 – 05122021