Last updated: 1st July 2026
Contents
- Acceptance of these Terms
- About us & definitions
- Eligibility & accounts
- The service
- Menu, pricing & availability
- Placing an order
- Custom cakes, deposits & VAT
- Pickup & delivery
- Cancellations & refunds
- Allergens & food safety
- Acceptable use
- Intellectual property
- Third-party services
- Notifications & communications
- Disclaimers
- Limitation of liability
- Indemnification
- Suspension & termination
- Changes to these Terms
- Contact us
Please read these Terms of Service ("Terms") carefully. They form a binding agreement between you and Gourmet Fine Pastries and govern your access to and use of our website, our mobile application, and the ordering, pickup and delivery services offered through them (together, the "Service").
1. Acceptance of these Terms
By accessing or using the Service — including by browsing our website, creating an account, or placing an order — you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Service.
2. About us & definitions
The Service is operated by Gourmet Fine Pastries, a bakery business operating in Botswana ("Gourmet Fine Pastries", "we", "us", or "our"). In these Terms:
- "App" means the Gourmet Fine Pastries mobile application for Android and iOS.
- "Website" means gourmetpastries.co.bw and its sub-pages.
- "You" or "Customer" means the person accessing or using the Service.
- "Order" means a request submitted through the Service for cakes, pastries or other bakery items, for pickup or delivery.
- "Custom Cake" means a celebration or event cake built to your specifications through the Service.
- "Content" means all text, images, menus, logos, designs and other material made available through the Service.
3. Eligibility & accounts
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account or place an order. By using the Service you represent that you meet this requirement.
When you create an account you agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately if you suspect any unauthorised use of your account.
4. The service
The Service allows you to browse our menu, build custom celebration cakes, and submit orders for pickup or delivery. Custom Cakes follow a build-and-quote flow within the App, where you choose options such as size, flavours, decorations and message, and receive a total before confirming. We may add, modify, suspend or remove features of the Service at any time without notice.
5. Menu, pricing & availability
We make every effort to display items, descriptions, images and prices accurately. However, images are illustrative, and finished cakes and pastries may vary in appearance. All prices are shown in Botswana Pula (BWP). Value Added Tax (VAT) is applied as indicated at checkout.
Items are subject to availability and may be changed or withdrawn without notice. Certain custom designs may require advance notice; lead times are indicated within the Service or confirmed by us where applicable.
6. Placing an order
When you submit an Order through the Service, you are making an offer to purchase the selected items. An Order is only confirmed once we accept it and, where applicable, once any required deposit has been received. We reserve the right to decline or cancel any Order — for example, where items are unavailable, where we are unable to fulfil delivery to your location, where a pricing error has occurred, or where we suspect fraudulent or abusive activity.
You are responsible for ensuring that the details you provide — including cake specifications, any message or inscription, contact number, and delivery address — are correct before submitting your Order.
7. Custom cakes, deposits & VAT
Custom Cakes require a deposit of fifty percent (50%) of the cake value, plus applicable VAT, to be paid at the time of ordering in order to confirm the Order and reserve our preparation time. The remaining balance is payable on collection or delivery, as indicated within the Service.
VAT is charged at the prevailing statutory rate in Botswana and is shown at checkout. Because Custom Cakes are made to your specifications, please review your order summary carefully before confirming. Payment may be taken online through our payment provider or, where offered, on collection or delivery. By submitting payment details you confirm that you are authorised to use the relevant payment method.
8. Pickup & delivery
Pickup orders may be collected from our premises during opening hours. Delivery, where offered, is available only within our stated delivery area. Delivery and collection times are estimates and are not guaranteed. Risk in the items passes to you on collection or delivery. Please inspect your cake or order at the point of collection or delivery; you agree to be available to receive your Order and to provide accurate delivery instructions.
9. Cancellations & refunds
Because our cakes and pastries are freshly made to order, cancellation rights are limited once preparation has begun. For Custom Cakes and event orders, deposits may be non-refundable once preparation has started, except as required by law. If we cancel an Order for reasons within our control, or if an item is unavailable, you will receive a refund for the affected portion. Refunds are issued to the original payment method and may take several business days to process. If you have a concern about an Order, please contact us promptly.
10. Allergens & food safety
Our cakes and pastries are prepared in a kitchen that handles common allergens, including but not limited to gluten, wheat, dairy, eggs, nuts, peanuts, soy and seeds. While we take care to record the allergy information you provide and to accommodate it where possible, we cannot guarantee that any item is completely free from traces of allergens. If you or a recipient has a serious allergy, please contact us directly before ordering. You are responsible for the accuracy of any allergy information you provide through the Service and for informing the people who will consume the items.
11. Acceptable use
You agree not to:
- use the Service for any unlawful, fraudulent or harmful purpose;
- place fraudulent, false or abusive Orders;
- request inscriptions or designs that are unlawful, offensive, or infringe the rights of others;
- interfere with, disrupt, or attempt to gain unauthorised access to the Service or its systems;
- copy, scrape, reverse-engineer, or create derivative works from the Service or its Content; or
- use the Service in any way that violates applicable law.
12. Intellectual property
All Content and the underlying software, design, branding, logos and the "Gourmet Fine Pastries" name are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use. No other rights are granted.
13. Third-party services
The Service relies on third-party providers — including cloud hosting and database services, push-notification delivery services, and payment processors — and may contain links to third-party websites. We are not responsible for the content, policies or practices of any third party. Your use of third-party services is governed by their own terms and policies.
14. Notifications & communications
By using the App, you may receive push notifications relating to your Orders (for example, order received, preparing, ready for pickup, on the way, and delivered). You can disable push notifications through your device settings at any time; doing so will not affect your ability to place Orders. We may also contact you by phone or email regarding your Order.
15. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties, express or implied, regarding the Service, including as to availability, accuracy, reliability, or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error-free.
16. Limitation of liability
To the fullest extent permitted by applicable law, Gourmet Fine Pastries shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of or in connection with your use of the Service. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud.
17. Indemnification
You agree to indemnify and hold harmless Gourmet Fine Pastries and its owners, employees and agents from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your misuse of the Service or your breach of these Terms.
18. Suspension & termination
We may suspend or terminate your access to the Service, or close your account, at any time and without notice if you breach these Terms or if we reasonably believe your use poses a risk to us, other users, or third parties. You may stop using the Service and request deletion of your account at any time by contacting us.
19. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above shows when they were last revised. Material changes will be made available through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
20. Contact us
If you have any questions about these Terms, please contact us:
- Email: contact@gourmetpastries.co.bw
- Address: Mowana Park Mall, Phakalane, Gaborone, Botswana
