1. Who this policy applies to
This Returns Policy applies to all orders of handmade patisserie products placed with LaMaruja Hermes S.L. (LaMaruja Bakery), whether through our website, WhatsApp, phone, or directly at our workshop, both for pickup at Calle Hermes, 10 (Málaga) and for delivery within Málaga city.
Our products are handmade and prepared to order for each purchase: we don't keep finished stock waiting in a warehouse — each cake, sponge or sweet is baked and assembled specifically for you, on the date and in the quantity you request.
Company name: LaMaruja Hermes S.L.
Tax ID (NIF): B27554583
Address: Calle Hermes, 10 · 29010 Málaga (Spain)
Email: info@lamarujabakery.es
Phone / WhatsApp: +34 614 618 479
Website: lamarujabakery.es
2. Why our products are not eligible for withdrawal
Spanish consumer protection law (Article 102 of Real Decreto Legislativo 1/2007, de 16 de noviembre — the consolidated text of the General Law for the Defense of Consumers and Users, TRLGDCU) generally grants a 14-calendar-day right of withdrawal for distance purchases, with no need to justify the reason.
However, Article 103 TRLGDCU itself expressly excludes this right in certain cases that apply directly to our business:
- Article 103.1.d) TRLGDCU — goods that, by their nature, may deteriorate or expire rapidly. Our cakes, sponges and pastries are fresh patisserie products, free of industrial preservatives, meant to be eaten within a few days.
- Article 103.1.c) TRLGDCU — goods made to the consumer's specifications or clearly personalised. This applies to custom cakes (specific decoration, message, flavour or size for an event), which we make expressly for you and cannot resell to another customer.
In practice, this means we cannot accept the return of an order that has already been delivered or picked up simply because the customer changed their mind, except in the cases of error or defect explained in the next section.
3. What you can claim, and within what timeframe
The fact that withdrawal doesn't apply does not mean you give up your rights as a consumer. You can raise a claim when:
- The order has an error compared to what you requested (wrong flavour, size, decoration, quantity or date).
- The product arrives in poor condition at the time of delivery or pickup (broken, crushed, clearly defective in appearance).
- There is a manufacturing defect affecting the product's quality or safety.
To handle this properly, you must let us know within 24 hours of delivery or pickup. Since this is a fresh, perishable product, once that window has passed we can no longer verify the condition it was delivered in or tell a manufacturing defect apart from a storage issue afterwards, so we won't be able to process the claim.
4. Storage after delivery
Our products show their best-before date and storage conditions on the label, in accordance with Regulation (EU) No 1169/2011 on the provision of food information to consumers. As a general reference, the best-before period is 4 days from delivery, keeping the product refrigerated between 2 ºC and 6 ºC.
Once the order has been delivered or picked up, LaMaruja Bakery is not responsible for the product's condition, storage or handling: from that point on, temperature, transport and storage are the customer's responsibility.
5. How to file a claim
If you notice an error or defect within the timeframe above, write to us at info@lamarujabakery.es or via WhatsApp at +34 614 618 479, including:
- Your order number (or your name and the order date).
- Clear photos of the product showing the issue.
- A short description of the problem.
The sooner you write to us, the easier it will be for us to verify the issue and offer a solution.
6. What we do if the claim is valid
If we confirm that the error or defect is LaMaruja Bakery's responsibility, we will offer you, depending on the case and product availability, a replacement order or a refund of the corresponding amount. We will always confirm this through the same channel you contacted us on.
7. Custom cakes: booking and deposit
Custom cakes must be booked at least 5 days in advance and require payment in advance, since we purchase the specific ingredients and block out workshop time for your order as soon as we confirm it. As made-to-order products (Article 103.1.c TRLGDCU), they are not eligible for return due to a change of mind once the order has been confirmed.
If you need to change or cancel a custom order, contact us as soon as possible at info@lamarujabakery.es or via WhatsApp: the more notice we have before the delivery date, the easier it will be to find a solution.
8. Pickup and delivery
You can collect your order at our workshop (Calle Hermes, 10, Málaga) at no cost, or request home delivery within Málaga city for €10. This delivery fee covers a service that has already been provided and is not refundable, except where the claim is due to a cause attributable to LaMaruja Bakery.
A problem with your order?
Write to us as soon as possible with your order number and a few photos. We'll review it and get back to you with a solution as quickly as we can.
✉️ info@lamarujabakery.es 💬 WhatsApp