the place
THE PLACECAFÉ & CAKES

Terms of Service

The Place sp. z o.o.

Last updated: 28 May 2026

These Terms of Service describe how you can order cakes from the place through our website theplacecake.com. By placing an order on our website, you accept these Terms.

1. Who we are

The online store is run by:

  • Company name: The Place spółka z ograniczoną odpowiedzialnością
  • Brand name: the place
  • Address: Zamenhofa 5/1, 31-025 Kraków, Poland
  • NIP: 6762717366
  • KRS: 0001233890
  • Register: Register of entrepreneurs
  • Registration court: District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register
  • Share capital: PLN 5,000
  • Email: the.place.kontakt@gmail.com
  • Phone: +48 664 709 333

2. What this website is for

  • This website is used to order cakes made to order from our café the place.
  • All products are made only after you order them.
  • We currently offer pickup only at our café address in Kraków.
  • We do not offer shipping or delivery via courier from the website.

3. Who can order

  • You should be 18+ or have permission from an adult to place an order.
  • The website is mainly for customers in Poland.
  • Cakes are for personal or company use, not for resale.

4. Products, photos and allergens

  • We sell only cakes, made to order.
  • Cake photos on the website are illustrative; the real cake may differ slightly (color shade, decoration details, etc.).
  • We provide a list of fillings and allergens on a separate page. Please read it carefully before ordering.
  • We cannot guarantee that products are completely free from traces of allergens (e.g. nuts, gluten, etc.).
  • You are responsible for informing us about strong allergies in advance and checking if the product is suitable.

5. How ordering works

  1. You select a cake, choose size/flavor/decoration options (where available).
  2. You add the cake to the cart.
  3. You enter your name, email, phone number, and pickup date and time.
  4. You pay online via iMoje (card / BLIK / Apple Pay / Google Pay).
  5. After successful payment, you see a confirmation on the website and/or receive a confirmation email.
  6. We prepare your cake and you pick it up at our café at the agreed time.
  • Orders by Instagram or phone are handled separately and may have different payment methods (e.g. cash). These Terms mainly cover online orders on the website.
  • "Rush/immediate" orders are possible only by phone or Instagram, not via the website. These are confirmed individually.

6. Order time and deadlines

  • Any cake ordered via the website should be made at least 3 days in advance of the pickup date.
  • For rush/immediate cakes, you must call or write on Instagram and we confirm case by case.
  • You are responsible for selecting a pickup date and time within the available options.

7. Prices and VAT

  • All prices shown on the website are in PLN and include VAT.
  • We currently do not charge extra fees for decorations or rush orders placed via the website.
  • We may change prices at any time, but not for orders that have already been placed and paid.

8. Payment

  • Online payments are processed by iMoje.
  • We do not store your card details on our servers. Card data is processed by iMoje.
  • If your payment fails or is rejected by iMoje, the order is not accepted.
  • In case of payment issues, we provide contact options (phone/email/Instagram) so you can reach us and resolve it.

We accept the following payment methods:

  • Cards
  • BLIK
  • Apple Pay
  • Google Pay

9. Pickup rules

  • Pickup is only at: Zamenhofa 5/1, 31-025 Kraków.
  • Pickup window: every day between 15:00 and 17:00 (unless otherwise stated on the website or confirmed with you).
  • You should come on time at the agreed date and time.

Late pickup:

  • We wait up to 15 minutes after your selected time as "on time".
  • If you do not come within that time, we try to contact you by phone/email.
  • We will hold the cake for an additional day and try to contact you a couple of times.
  • After that, the order is treated as fulfilled and no refund is possible (the cake is fresh, perishable and cannot be resold safely).

Pickup by another person:

  • Someone else may pick up your cake if they know the name of the person who ordered it (or other agreed details).

10. Changes and cancellations

Changes to flavor/decoration

  • You can change flavor and decoration (if technically possible) no later than 48 hours before the pickup time.
  • Changes less than 48 hours before pickup are not accepted.

Cancelling the order

  • You can cancel your order and get a full refund if you cancel more than 72 hours before the pickup time.
  • If you cancel 72 hours or less before pickup, there is no refund.

11. Right of withdrawal

Under EU law, consumers normally have 14 days to withdraw from distance contracts.

However, the right of withdrawal does not apply to:

  • Perishable goods with a short shelf life (like fresh cakes),
  • Non-prefabricated products made to the consumer's specifications or clearly personalised – in accordance with Art. 38(1)(3) of the Polish Consumer Rights Act of 30 May 2014.

The right of withdrawal does not apply to products made to individual customer order, according to their specifications or serving to satisfy their individualised needs, pursuant to Art. 38 of the Consumer Rights Act.

The right of withdrawal on terms analogous to consumer rights also applies to an entrepreneur who is a natural person, entering into a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for the buyer (hereinafter: "entrepreneur with consumer rights").

However, since all our products are made to individual order, according to the customer's specifications or to satisfy their individualised needs, the right of withdrawal also does not apply to an entrepreneur with consumer rights – pursuant to Art. 38(1)(3) of the Polish Consumer Rights Act of 30 May 2014.

12. Complaints and quality issues

The customer has the right to file a complaint regarding a product that is inconsistent with the order or has quality defects.

  • Email: the.place.kontakt@gmail.com
  • Phone: +48 664 709 333

Complaints will be resolved within 14 days of receipt.

We ask you to do this:

  • while picking up the order, if the issue is visible immediately (wrong decoration, wrong size, etc.), and/or
  • within 48 hours if the problem is related to fillings/taste.

Valid reasons for complaints include for example:

  • Wrong flavor,
  • Wrong decoration (not as confirmed),
  • Wrong size (clearly different from what you ordered).

We may ask for photos of the cake to assess the problem.

Possible solutions:

  • A 30% discount on your next order (this is our standard remedy).
  • In serious cases, we may offer a different solution individually.

Complaints – entrepreneur with consumer rights

An entrepreneur who is a natural person, making purchases directly related to their business activity but not of a professional nature for the buyer, has the right to file complaints on terms analogous to consumer rights, including:

  • The shop is liable for non-conformity of goods with the contract for a period of 2 years from the date of delivery;
  • A complaint should be submitted by email or phone (contact details above), describing the identified non-conformity and attaching photographic evidence;
  • In the event of non-conformity of goods with the contract, an entrepreneur with consumer rights may request repair or replacement of the goods, or if that is not possible or would involve excessive costs – a price reduction or withdrawal from the contract (if the non-conformity is material);
  • Complaints will be resolved within 14 days of receipt. Failure to respond within this period means the complaint is considered accepted.

13. If we cancel your order

In rare cases (e.g. serious technical issues, no ingredients, staff problems), we may have to cancel your order.

If we cancel:

  • You get a 100% refund of the paid amount, and
  • You receive a 30% discount for your next order.

We are not responsible for other costs of your event (e.g. decorations, venue) in such cases.

14. Responsibility and limitations

We are responsible for:

  • Preparing your cake as described (size, flavor, decoration as agreed),
  • Having it ready at the agreed pickup time.

We are not responsible for:

  • Problems caused by wrong or incomplete information from you (wrong contact info, wrong date/time),
  • Problems if you ignore allergen information,
  • Any consequences for your event beyond the value of the cake (e.g. party costs, venue, other services).

Our liability, where legally allowed, is generally limited to the amount you paid for the order.

15. Your obligations as a user

When using our website and placing orders, you agree to:

  • Provide true and correct information (name, email, phone, pickup date/time).
  • Carefully check your order details before paying (cake type, size, flavor, decoration, date/time).
  • Read and respect allergen information and inform us about strong allergies in advance.
  • Pick up your cake on time or within the agreed tolerance.
  • Not place fake or abusive orders and not misuse the website.

16. Personal data and privacy (short info)

Details about personal data are in our Privacy Policy

Here is a short summary related to orders:

We process the following data when you order:

  • Name
  • Email
  • Phone number
  • Order details (cake type, options)
  • Pickup date and time
  • Technical payment status (paid / failed, payment ID from iMoje)

We use this data to:

  • Accept and process your order,
  • Contact you about your order,
  • Plan our work in the café.

We share data with:

  • iMoje – for processing online payments,
  • Google – because order information (name, pickup time, basic order info) is saved in a Google Calendar used internally by our staff,
  • Our email provider – for sending order confirmations and communication.

The Google Calendar is internal and visible only to our staff. It is used only to organize orders and production.

We also use your email for newsletter/marketing only if you give your separate consent (e.g. by ticking a checkbox). You can withdraw that consent at any time.

For full details, please see our Privacy Policy.

17. Newsletter and marketing

  • If you agree (e.g. by selecting a checkbox), we can use your email to send you: news about the place, promotions, discounts (e.g. 30% discount after complaint, or other offers).
  • You can unsubscribe from marketing emails at any time by using the unsubscribe link or contacting us at: the.place.kontakt@gmail.com.

18. Changes to these Terms

  • The current version will always be available on this page.
  • We will show the date of last update at the top.
  • Changes apply to new orders placed after the updated Terms are published.

19. Governing law and disputes

  • These Terms are governed by Polish law.
  • Any disputes will be handled by the courts in Kraków, where the café is registered, unless mandatory consumer protection rules say otherwise.

20. Contact

If you have any questions about these Terms, your order, or complaints, please contact us:

Address: Zamenhofa 5/1, 31-025 Kraków, Poland
The Place | Custom Cakes in Krakow | Order Cakes Online