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TERMS OF PURCHASE

AGREEMENT

THIS AGREEMENT (the “Agreement”), together with the
Cancellation Policy, as well as any other information on this website and order
solution or specially agreed terms, sets forth the terms and conditions that
apply to all purchases of products, services, and/or deliverables by Seller
(the “Terms of Purchase”).

In the event of any conflict between the information
or agreements, what is specifically agreed between the parties shall prevail,
as long as it does not contravene mandatory legislation.

When you as a Buyer make a purchase via soulcake.no,
you accept our Terms of Purchase and a binding agreement is entered into
between Soulcake AS (“Seller”) and you as a customer, or any representative (“Buyer”)
at the time of submitting such order.

PARTIES

Seller

Company name:
Soulcake AS

Postal address: Vossegata 22, Oslo, 0475

E-mail: kontakt@soulcake.no

Organization number: 923 870 512

Or any
representative of Soulcake AS (“Seller”).

Buyer

Buyer means a Buyer of a product sold by Seller, or a
representative of Buyer.

OUR PRODUCTS

Seller’s products are handmade and hand finished and
as such these may vary from the images shown on Seller’s website or order solution.
Images of the products on our site are for illustrative purposes only.

The packaging of the products you receive may vary
from that shown on the images on our site.

Seller reserves the right to publish photographs of
your order onto our social media channels and our website.

As our kitchen may handle nuts, we cannot guarantee
that traces of nuts 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 our products.

All products shown on our site are subject to
availability. We reserve the rights to cancel your order should the
availability of the product, or key ingredients, be limited or displayed
incorrectly on our website.

We will inform you by e-mail as soon as possible if
the product you have ordered is not available and Seller reserves the right to not
process your order.

PRICES

All prices are quoted in Norwegian Kroner (NOK) and are
inclusive of Norwegian VAT.

We use our best efforts to ensure that the prices of products
are correct. Whilst we try and ensure that all the information on our website
is accurate at all times, errors may occur. In the unlikely event that the
price and/or description of an item listed on the website has been incorrectly
advertised or offered, we will not be under any obligation to sell such
products at the incorrect price or incorrect description. In such case we will
contact you and inform about the error, and for you as a Buyer to confirm such
change of terms.

Unless otherwise stated, discounts or and offers only
apply to ordinary prices, and not to already discounted items or campaign
products. We reserve the right to cancel any order where an error has
occurred.

PAYMENTS

The Seller can demand or charge payment for the item
from the time (day) the product is sent or delivered from the Seller to the Buyer.

If the Buyer uses a credit card or debit card when
paying, the Seller can reserve the purchase price on the card at the time of Buyer
placing the order. The card will be charged the same day as the item is
sent.

When paying with an invoice, the invoice to the Buyer
is issued when the item is shipped. The payment due date is stated on the
invoice. Buyers under the age of 18 cannot pay with a subsequent invoice.

Seller process electronic payments through secure
payment systems, currently from DINTERO AS. Seller is free to use or implement any
other secure payment method.

DELIVERY AND SHIPPING

Seller does not currently offer shipping solutions for
its physical products. The Buyer will receive an e-mail with the pick-up time
and location for their order. The Buyer must ensure that it picks up the
product within the allocated time slot.

If the Buyer becomes aware that they cannot pick-up
the order within the allocated time slot, it must notify the Seller as soon as
practicably possible and agree a different pick-up time.

If the pick-up time is after usual working hours, and
if Seller and Buyer have agreed a new pick-up time, an additional late delivery
fee of NOK 300 inclusive of VAT shall apply.

THE RISK OF THE ITEM

The risk for the goods passes from Seller to Buyer upon
delivery from Seller to Buyer.

SELLER’S RIGHT TO AMEND THE TERMS OF PURCHASE

Seller may revise these Terms from time to time in the
following circumstances:

changes in relevant laws and regulatory requirements;
and

any other matter that may arise from time to time
which may in Seller’s opinion materially impact our products, or ability to
offer the quoted prices or services offered.

Whenever we revise these Terms, should the terms
change and materially impact your already placed order, we will inform you of
such change.

RIGHT OF WITHDRAWAL

Unless the Agreement is exempt from the right of
withdrawal, the Buyer can cancel the purchase of the item in accordance with
the Right of Withdrawal Act.

The Buyer must notify the Seller of the use of the
right of withdrawal within 14 days from the deadline begins to run. The
deadline includes all calendar days. If the deadline ends on a Saturday,
public holiday or public holiday, the deadline is extended to the nearest
working day.

The cancellation deadline is considered complied with
if notification is sent before the expiry of the deadline. The Buyer has
the burden of proving that the right of withdrawal has been exercised, and the
notification should therefore be made in writing (right of withdrawal form,
e-mail or letter), with confirmation from the Seller that the notification has
been received.

The withdrawal period is extended to 12 months after
the expiry of the original deadline if the Seller does not state before the
conclusion of the agreement that there is a right of withdrawal and a
standardized withdrawal form. The same applies in the event of lack of
information on terms, deadlines and procedures for exercising the right of
withdrawal. If the trader provides the information during these 12 months,
the cancellation period still expires 14 days after the day the Buyer received
the information. Seller shall include the right of withdrawal form with
the shipment or delivery of the product(s) or services.

When exercising the right of withdrawal, the item must
be returned to the Seller without undue delay and no later than 14 days from
notification of use of the right of withdrawal has been given. The Buyer
covers any reasonably incurred direct costs of returning the item, such as
return shipping.

In order for Seller to refund the full amount in the
event of a right of withdrawal, the item must be returned in the same condition
as when you received it. The original packaging must be complete and
without tears / marks.

Note that there are special provisions in the
Cancellation Act related to fixed-term benefits and goods that deteriorate
rapidly, such as certain foods, where the general time limit for withdrawal
does not apply. Pursuant to section 22 b and g of the Cancellation Act,
the right of withdrawal does not apply to agreements on:

If you cancel all or part of the purchase, you will be
refunded the value of the goods at the time of purchase, within 14 days after
we have received and processed your return.

If you have paid by card, the amount will be returned
directly to the same card you used when purchasing.

DEFECT IN THE ITEM – THE BUYER’S RIGHTS AND COMPLAINT
DEADLINE

If there is a defect in the item, the Buyer must
within a reasonable time after it was discovered or should have been
discovered, notify the Seller that Buyer will invoke the defect. The Buyer
is deemed to always have complained in time if it happens within 2
months from the defect was discovered or should have been
discovered. Complaints can be made no later than two years after the Buyer
took over the item. If the product or parts of it are intended to last
significantly longer than two years, the complaint period is five years.

Please note that if the item has been used abnormally
much or not for suitable use, the right to make a complaint for 2 years
lapses. Remember that foods will often have a different expected shelf
life than other items. Even if the complaint deadline has been complied with,
there must still be a defect in the food at the time of purchase for the
conditions for the complaint to be met.

If the item has a defect and this is not due to the Buyer
or conditions on the Buyer’s side, the Buyer may, in accordance with the rules
in the Consumer Purchases Act, Chapter 6, withhold the purchase price, choose between
correction  and  re- delivery ,
demand  price reduction , demand termination of the
agreement  and  / the Seller.

Complaints to the Seller should be made in writing.

SELLER’S RIGHTS IN THE EVENT OF THE BUYER’S DEFAULT

If the event where Buyer does not pay or fulfill the
other obligations under the agreement or the law, and this is not due to the Seller
or conditions on the Seller’s part, the Seller may, according to the rules in
the Consumer Purchase Act chapter 9, withhold  the item ,
demand  fulfillment  of the agreement,
demand  termination  of the agreement and
claim  compensation  from the Buyer. The Seller will
also be able to claim interest in the event of late payment, collection
fee and a reasonable fee for uncollected goods, depending on the circumstances.

FULFILLMENT

The Seller can maintain the purchase and demand that
the Buyer pay the purchase price. If the item is not delivered, the Seller
loses his right if he waits unreasonably long to advance the claim.

LIFTING

The Seller may terminate the agreement if there is a
material default or other material default on the part of the Buyer. The Seller
can still not withdraw if the entire purchase price has been paid. If the Seller
sets a reasonable additional deadline for fulfillment and the Buyer does not
pay within this deadline, the Seller can cancel the purchase.

INTEREST ON LATE PAYMENT / COLLECTION FEE

If the Buyer does not pay the purchase price in
accordance with the agreement, the Seller can demand interest on the purchase
price in accordance with the Act relating to Interest on Overdue Payments. In
the event of non-payment, the claim can, after prior notice, be sent to the Buyer
can then be held liable for fees under the Debt Collection Act.

PERSONAL INFORMATION

The person responsible for processing collected
personal data is the Seller. Unless the Buyer agrees to something else,
the Seller may, in accordance with the Personal Data Act, only collect and
store the personal data that is necessary for the Seller to be able to carry
out the obligations under the agreement. The Buyer’s personal information
will only be disclosed to others if it is necessary for the Seller to implement
the agreement with the Buyer, or in statutory cases. Please refer to our
privacy statement.

CONFLICT RESOLUTION

The parties shall try to resolve any disputes
amicably. If this fails, the Buyer can contact the Consumer Council for
mediation.

EVENTS OUTSIDE SELLERS CONTROL

We will not be liable or responsible for any failure
to perform, or delay in performance of, any of our obligations under this
Agreement that is caused by an even An Event Outside Seller’s Control is
defined below:

An Event Outside Seller’s Control means any act or
event beyond our reasonable control, including without limitation strikes,
lock-outs or other industrial action by third parties, product or ingredient
shortages, civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, epidemic, pandemic,  or other natural disaster, or failure of
public or private telecommunications networks or impossibility of the use of
railways, shipping, aircraft, motor transport or other means of public or
private transport.

If an Event Outside Sellers Control takes place that
affects your order, we will contact you as soon as reasonably possible to
notify you and our obligations under a Contract will be suspended and the time
for performance of our obligations will be extended for the duration of such
event. Where the event Outside Our Control affects our delivery of Products to
you, we will arrange a new delivery date with you after the Event Outside Our
Control is over.

CONTACT INFORMATION

Questions about the Terms of Purchase should be sent
to us at kontakt@soulcake.no.

Changes
in Orders

We understand that life happens and sometimes
your order needs to be changed. We will always try to be as accommodating as
possible.

For standard range cake and cupcake orders we accept changes (flavors, color,
fondant figure) for your order with 10 days’ prior notice to the delivery or
pick up date. For changes to cake toppers or printed logo signs, we need
notification no later than 21 days prior to the order delivery or pick-up date.

For custom, wedding and large cupcake
orders (i.e. orders where custom decoration is involved) we accept changes
(flavors, color, fondant figures) with 14 days prior notice to the delivery or
pick up date. For changes to cake toppers or printed logo signs, we need
notification within 21 days prior to the order delivery or pick-up date.

In the event that we have to purchase
specific supplies or ingredients to prepare your order, changes to the order
will generally not be accepted.

All changes must be requested in writing to
the following e-mail address: kontakt@soulcake.no. A change in order is not valid until a
confirmation has been given in writing by Soulcake.  

Changes
in dates

Should you need to change your delivery or
pick up date of your order, please contact us as soon as possible to discuss a
potential change. Any request to change the delivery or pick up date must be
submitted in writing to the following e-mail address: kontakt@soulcake.no.

A change in the delivery or pick up date is
not valid until a confirmation has been given in writing by Soulcake (“Accepted
Date Changes”).

Any orders with Accepted Date Changes are
subject to an additional fee of 20% of the order price.

Order
Cancellations

We accept cancellations of all types of
orders, subject to the charges and deadlines detailed below, Any notification to cancel the order must be
submitted in writing to the following e-mail address: kontakt@soulcake.no.

You will receive an e-mail confirming receipt
of such cancellation notice, and if your cancellation is valid (“Confirmed
Cancellation”).

·      In the event
of a Confirmed Cancellation, and provided such notice has been given no later
than 30 days prior to the scheduled delivery or pick-up date, you will be
entitled to a full refund of the purchase price.

·     In the event of a Confirmed
Cancellation, and provided such notice has been given between 29 to 15 days
prior to the scheduled delivery or pick-up date, you will be entitled to a partial
refund of 75% of the purchase price.

·     In the event of a Confirmed
Cancellation, and provided such notice has been given between 14 to 8 days
prior to the scheduled delivery or pick-up date, you will be entitled to a
partial refund of 50% of the purchase price.

·      Order cancellations
notified later than 7 days  prior to the delivery
or pick-up date will not be refunded.

We take a lot of pride in all our products.  In
the unlikely event that you are not happy with your order, please let us
know as soon as possible so that we can fix any error. Please return the
uneaten portion within 24 hours. Partial or full refunds are decided
on a case-by-case basis. Please note that we do not provide refunds in cases
where an item was prepared correctly but a flavor or texture did not meet a
personal preference.

Due to the tedious, handcrafted nature of our
products, we are unable to provide refunds or exchanges for custom orders. We
only give refunds in accordance with the refund policies stated below.

Guarantee
/ Disclaimer:

Every order is hand-made. Decorative
finishes are done by hand and are subject to the artistic interpretation of our
expert cake decorators. You may provide us with a photograph for inspiration
and duplication; however, we make no claims for exact duplication of the inspiration
provided.

Please note that creating your order always
requires a lot of details and information to avoid any possible errors. We will
do our best to follow up with the appropriate amount of questions but
assumptions will be made. We do not take responsibility if the color of the
decoration is a different shade that you thought of, or provided inspiration
for.

Soulcake AS is not responsible for any damage
done to the product after it has been delivered and set-up or picked up by the
customer. This means that the client assumes full responsibility arranging for
the caterer/servers to cut, serve, and remove all existing supports inside of
the cake. All cake supports used are made of non-toxic products. Soulcake AS is
not responsible for any injuries that may occur due to failure to remove the
necessary supports. Soulcake AS is not responsible for any damage the product
may suffer due to the environmental conditions after delivery in which the cake
or desserts are stored or displayed (location, temperature, weather, etc). An
extended period without refrigeration will deteriorate the cake as well as the
decorations.

All orders are subject to these policies listed above.