Terms & Conditions
Last modified on May 2023
The following Terms and Conditions relate to the website of Santa Lucia Cafe, owned and operated by R&J Operations Limited, with registered address at:
Santa Lucia Confectionery, Old Railway Track, ATD1235, Attard, Malta. Tel: +356 2141 7894
The terms ‘Santa Lucia Cafe’/‘we’/‘us’/‘our’ on this website refer to R&J Operations Ltd.
Your contract for purchases made through the Site is with Santa Lucia Cafe, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
No contract for the sale of any product will subsist between you and Santa Lucia Cafe until Santa Lucia Cafe dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Santa Lucia Cafe of your offer to buy goods from Santa Lucia Cafe or a third party supplier that is engaged on your behalf by Santa Lucia Cafe (whether or not you receive that e-mail).
You agree that e-mail can be used as a long-distance means of communication. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
You undertake that all details you provide to Santa Lucia Cafe for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
If there are any changes to the details supplied by you it is your responsibility to inform Santa Lucia Cafe as soon as possible.
In the event that the product in your order is faulty you are covered by Santa Lucia Cafe’s standard warranty conditions.
If you change your mind about the order, you can cancel your order within 7 days of making the order or receipt of the goods (whichever is longer). You can then return the items to us, and we will refund you for the purchase. The returned items must be returned unused in the original packing.
This section applies only to the extent permitted by law. For the avoidance of doubt, Santa Lucia Cafe do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Santa Lucia Cafe’s negligence or wilful default, or that of Santa Lucia Cafe’s employees, agents or subcontractors or (b) fraudulent misrepresentation.
Santa Lucia Cafe does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
Santa Lucia Cafe will do its best to correct errors and omissions as quickly as practicable after being notified of them.
TO THE FULLEST EXTENT PERMITTED BY LAW, SANTA LUCIA CAFE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SANTA LUCIA CAFE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Santa Lucia Cafe shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Santa Lucia Cafe of the problem in writing at the address stated in the confirmation e-mail within 7 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
You and Santa Lucia Cafe will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Santa Lucia Cafe do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Santa Lucia Cafe.
Processing of orders
Credit and Debit cards are debited on the day of order by Santa Lucia Cafe. All prices include VAT and ECO taxes (where applicable) unless otherwise stated.
Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of contractual agreement concerning purchases made from the Site. Santa Lucia Cafe aims to arrange shipment of all items within 24 hours of receiving your order. The majority of Santa Lucia Cafe’s product portfolio is displayed on this web site, however only items “in stock” can be purchased.
You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Santa Lucia Cafe.
All transactions in this website are concluded in the English Language.
Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
Title to any product ordered will pass to you once Santa Lucia Cafe has received payment in full for that product and delivery has been completed. Risk in any product ordered will pass upon delivery to you.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
Subject to the license granted to you to use the Site, Santa Lucia Cafe reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Santa Lucia Cafe and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Santa Lucia Cafe and its affiliates, as appropriate.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Santa Lucia Cafe tracks the electronic ‘fingerprints’ of every order placed on Santa Lucia Cafe to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
you fail to make any payment to us when due;
you breach the terms of this Agreement (repeatedly or otherwise);
when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
You are obliged to read and accept the conditions set out above at the time of placing your order.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
These Terms are subject to the laws and exclusive jurisdiction of Malta, EU.
1. Select your cake from our product list.
2. Select the size needed.
3. If the cake you have selected can be customised, you will be able to select a sugar scroll message.
4. Proceed to the checkout and fill in your details. If you already have an account, please sign in for a quick checkout.
5. Include the date you would like to pick up your cake.
6. Then proceed to the secure payment page and fill in your credit card details. Your details are not stored in our database for security purposes.
7. You will receive a confirmation email as well as a receipt which you should take along when you collect your cake.
Cakes are zero-rated and therefore all our cake prices do not include VAT.
You will need to collect your items from Santa Lucia Cafe in Attard on the day you have specified on your order.
If for some reason you are unable to collect on the day specified, we will hold the cake for you for another day but we cannot be held responsible for its freshness. Please call us directly on +356 2141 7894 for further information.
Minimum order time is 48 hours.
This time is required to enable us to access and process your orders. However certain products require more time to prepare. The Tortella Decorated must be ordered 10 days before pick up date.
Santa Lucia Cafe is committed to your total satisfaction. We welcome suggestions or comments from our customers. Please visit the Contact Page to send us any suggestions or comments.
Refunds and cancellation of an order
We can only guarantee a full refund of your order if we receive your order cancellation instructions at least 24 hours (or 48 hours if your order is for a large / special order cake) before the collection time.) Any other cancellation refunds will be entirely at Santa Lucia Cafe’s discretion.
Please Note: Customized cakes will not be refunded.
Santa Lucia Cafe reserve the right to make price changes on their website without prior notice, but guarantee that no price increase will apply to any confirmed paid orders made by a customer for collection on a date after which a price increase has been made.
We work hard at Santa Lucia Cafe to ensure your complete satisfaction with our products.
If you are not entirely satisfied with your purchase or the standard of our service you should first speak to the duty manager, but should this present any difficulty then please write to:
Santa Lucia Cafe
Old Railway Track, Attard
We will endeavour to give all complaints our urgent attention. Your complaint will be acknowledged at the latest within 5 working days and we will endeavour to resolve the matter within 15 working days at the very latest.