Terms & Conditions
1. Introduction:
2. Use of the Website:
3. Your order:
4. Price and payment:
5. Delivery service:
6. Cancellation:
6. Limitation of liability:
8. Intellectual Property:
9. General:
10. Definitions and Interpretation:
| 1.1 | By using this Website and/or placing an Order by any means you agree to be bound by the Terms and Conditions as set out below. If you do not agree to be bound by the Terms and Conditions you may not access this Website, nor be able to purchase any goods from us. |
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| 1.2 |
These Terms and Conditions apply to each of the following:
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| 1.3 |
These Terms and Conditions do not apply to any of the following:
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| 1.4 |
It is important that you understand the following:
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| 1.5 | We reserve the right to remove, modify or change without notice any information on this Website from time to time. We may also change these Terms and Conditions at any time by posting notice of the changes on the Website. If you use the Website after any changes have been made you will be bound by the new Terms and Conditions. You should therefore ensure that you read the Terms and Conditions each time you use the Website and immediately prior to placing any Orders. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website and should not place an Order. |
| 1.6 |
Please read and pay close attention to the following Terms and Conditions:
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| 1.7 | Please refer to Term 10 for useful definitions which will help you understand these Terms and Conditions. |
| 2.1 |
This Website is provided to you for your personal use only. You agree that:
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| 2.2 | We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website. |
| 2.3 | While we make reasonable efforts to ensure that this Website is normally available 24 hours a day, you acknowledge that access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period. |
| 2.4 | Whilst we make reasonable efforts to ensure that the information on this Website is correct and up to date, the Restaurants remotely upload details, descriptions and costs of Goods and Services via an extranet facility and are responsible for ensuring that information on the Website in respect of such Goods and Services is accurate and up to date. Therefore we cannot and do not make any warranties or guarantees about the accuracy and completeness of the material on this Website, including but not limited to information about the Food Products and prices described in it, and we make no commitment to update such material. Any complaints in respect of this should be communicated directly to the Restaurant. Our Customer Call Centre will help should you wish it to. |
| 2.5 | We use reasonable endeavours to prevent contamination by known viruses and to maintain the security of this Website but we do not make any warranties or guarantees that the Website is free from viruses or contamination nor can we guarantee that this Website may not be affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action. All liability for such damage is hereby expressly excluded. |
| 2.6 | Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. We do not guarantee that links to or from this Website will operate free from error or that it is free of computer viruses or any other material which is technically harmful. |
| 2.7 | You may not link to this Website without our prior written consent. |
| 3.1 | Any and all Orders shall be deemed to be an offer by you to the Restaurant to purchase the Goods and Services pursuant to the Restaurant's terms and conditions, if any, and/or an offer by you to us to receive any Goods and Services provided by us pursuant to these Terms and Conditions. It will be clear in the Order Process who will be providing which of the Goods and Services. |
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| 3.2 | You will be responsible for ensuring the accuracy of the details provided when you submit a Telephone Order or Online Order Form and we will not be obliged to process an Order unless all details requested are provided completely and correctly. |
| 3.3 | You must provide a valid e-mail address or telephone number when placing each Order. No Telephone Order or Online Order Form submitted by you shall be deemed to be accepted unless and until we confirm acceptance of your Order by e-mail or SMS, at which time it shall become a binding Contract. |
| 3.4 | We are entitled to refuse any Telephone Order or Online Order Form placed by you. |
| 3.5 | If you have any queries about your Order and the details submitted it is your responsibility to contact our Customer Call Centre. We are not obliged to make any contact with you. |
| 3.6 | We appreciate that the timing of your Order is important to you and both you and we are responsible for performing our obligations as set out in these Terms and Conditions in reasonable time. |
| 3.7 | Once you place your Order it will automatically be sent to the relevant Restaurant. We cannot guarantee the length of time taken to process an Order nor accept any responsibility for failure to process the Order for whatever reason. However we will make reasonable efforts to contact you as soon as possible after becoming aware of any problem or delay with your Order. We may suggest an alternative Restaurant or offer a refund in the event that your Order cannot be processed. |
| 3.8 | This Website is provided on an “as available” and "as is" basis. We do not make any warranties or guarantees as to the availability of the Goods and/or Delivery Services and all Orders are therefore subject to availability. |
| 3.9 | It is your responsibility to check the Restaurant opening times as displayed on the Website and we will not be liable for any losses or damage resulting from your placing of an Order outside of the Restaurant’s opening times at your own default. Where the Restaurant opening times are different to those advised on the Website, or by our Customer Call Centre, we will endeavour to contact you as soon as possible and suggest an alternative Restaurant and Goods, or issue you with a full refund of any sums paid to us. However, such information is the responsibility of the Restaurant and we cannot and will not be liable for incorrect information. |
| 3.10 | Whilst we aim to act as agents for only good and reputable Restaurants, we cannot guarantee the quality or fitness for purpose of the Food Products. We welcome your comments in respect of the Food Products but any complaints that you might have regarding the Food Products should be made directly to the Restaurant. If you wish for us to assist, please contact our Customer Call Centre. |
| 4.1 | All prices quoted are in British Pounds Sterling (£) and may be subject to change. |
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| 4.2 | All prices, charges and other costs and expenses are exclusive of VAT unless otherwise stated on the Website, Online Order Form, Invoice, Telephone Order or Order Acknowledgement. |
| 4.3 | Payment may be made by [Mastercard, Visa, Switch, Maestro] [cheque] [or cash on delivery] and must be in British Pounds Sterling. |
| 4.4 |
Payment of all sums arising in connection with your Order, including but not limited to payment of the Purchase Price for all the Goods and/or Services,
together with any charges for delivery or other costs and expenses, whether owed to us or third parties, must be made:
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| 4.5 | Payment will only be regarded as Payment in Full once we are in receipt of all sums due under term 4 in the form of cleared funds, until which time we shall be under no obligation to hand over the Goods to you. |
| 4.6 | Should you wish to rely on any promotional voucher or discount, you must quote the relevant code at the time of placing the Order whether by Online Ordering Form or Telephone Order. We will not be under any obligation to accept a promotional voucher should you subsequently present it to us. |
| 5.1 | For the avoidance of doubt your Online Order Form, Telephone Order and/or Order Acknowledgement will make clear who is responsible for any delivery service. This term 5 only applies in the event that we are responsible for the delivery. Where the Restaurant is responsible for delivery the Restaurant’s own terms and conditions, if any, will apply and we do not accept any responsibility for this. |
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| 5.2 | When using the Website, the restaurants available to you are located by reference to your postcode. In addition, you are required to enter a valid United Kingdom postcode on your Online Order Form or Telephone Order. Where we are responsible for delivery, we will only deliver within a particular distance or radius of each postcode. Any Orders requiring us to deliver outside of this area will be null and void. |
| 5.3 | In the event that the Restaurant is providing the delivery service we make no guarantees in respect of such delivery service, including but not limiting to the time, availability or fitness for purpose of such service. |
| 5.4 | In the event that we are responsible for delivery we will use reasonable efforts to deliver the Goods to you as soon as reasonably practicable once the Goods have been made available to us by the Restaurant. However, we will not be liable for any delay or failure to deliver due to circumstances beyond our control. |
| 5.5 |
The following are your responsibility and must be arranged by you prior to making your Order:-
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| 5.6 | Charges for delivery of the Goods (“Delivery Charges”) may be based on the size of your Order, the distance from the Restaurant, the type of Restaurant and other variable factors. All Delivery Charges are subject to change at our discretion. However, you will always be notified of current Delivery Charges or how these are calculated at the time of submitting your Online Order Form or Telephone Order. |
| 6.1 | Due to the nature of the Goods and their being liable to deteriorate, perish or expire rapidly, you have no right to cancel the Order save as provided for in these terms. |
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| 6.2 | We will allow cancellation of advance Orders up to 24 hours prior to the time you specify for delivery or pick up, as appropriate, unless we inform you otherwise at the time of making the Telephone Order or Online Order Form or as advised in our Order Acknowledgement. |
| 6.3 | If you wish to exercise your right under Term 6.2 to cancel this Contract you must notify us of your intention to do so by calling our Customer Call Centre in accordance with the timescales set out in Term 6.2. This should be followed up with a cancellation notice in writing (which may include notice by email or fax). |
| 6.4 | If you cancel your order in accordance with Term 6.3 you will be entitled to a refund. We reserve the right to retain or charge a sum in respect of our and/or the Restaurant's reasonable expenses incurred in processing both your Order and the cancellation including any and all costs of ordering the Goods, delivering the Goods and/or recovering the Goods. Where a refund is given, we will reimburse you within 30 days of receipt of the written cancellation notice. |
| 7.1 | The following provisions in this term 7 set out our entire liability (including any liability for the acts and omissions of our employees agents and sub-contractors) to you in respect of any breach of our contractual obligations or any representation or other term or of any duty at common law or under statute (whether caused by our negligence or that of our employees or agents or subcontractors or otherwise) arising out of or in connection with the supply of the Goods and Services or your use of the Website. |
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| 7.2 | We are not responsible and will not be liable for any unsatisfactory or defective Food Products and all complaints regarding such matters must be made directly to the Restaurant. However, please call our Customer Call Centre in the event that you would like any assistance with any complaint. In any event, we would appreciate your comments on any restaurants, products or services as this will assist us in providing a better quality service to you in the future. |
| 7.3 | We will not be responsible for any loss or damage, of whatsoever kind, connected to your use of the Goods and Services not provided by us, nor for any aspect of the relationship between you and the Restaurant, unless such loss or damage is caused by our own negligence. |
| 7.4 | We will not accept liability for damage to your property. |
| 7.5 | We will not accept any liability for any consequential special or indirect loss or damage, including for example any loss or damage for disappointment. |
| 7.6 | Our entire liability in respect of any breach of our obligations shall be limited to damages of an amount not exceeding the Purchase Price for that Order. |
| 7.7 | Nothing in these Terms and Conditions is intended to exclude or otherwise limit our liability for death or personal injury caused by our negligence and any term having this effect will be void. |
| 7.8 | We shall not be liable for any breach of our obligations resulting from circumstances beyond the reasonable control of us or our suppliers, including but not limited to strikes, lock-outs or other industrial disputes (of our own or others’ employees agents or sub-contractors), shortages or delays in transportation, inability to obtain supplies and raw materials, malicious damage, compliance with any law or governmental action, order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or other adverse weather conditions subject to our notifying you as soon as possible on becoming aware of such circumstances |
| 7.9 | We shall not be liable for any damage caused by viruses or contamination nor will we be liable for any damage caused as a result of this Website being affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action. |
| 7.10 | We shall not be liable for any negligence of or breach of any contract between you and any third parties, including but not limited to your bank and/or credit card company. |
| 8.1 |
You acknowledge and agree that:
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| 9.1 | We will try to resolve any problems quickly and efficiently. If you are not happy with the way we deal with any complaints and you wish to take court proceedings, you must do so in the United Kingdom using the law of England and Wales. |
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| 9.2 | If any term or provision of these Terms and Conditions (or any part of such term or provision) is found by any court or administrative body to be invalid or unenforceable for any reason, such term or provision shall to that extent be deemed to be removed from and not form part of these Terms and Conditions, but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected. |
| 10.1 |
In these Terms and Conditions, unless the context otherwise requires:
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