Terms of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Food Products are sold by Us to consumers through this website, demo.takeawaytech.co.uk ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Food Products from Our Site. You will be required to read and accept these Terms of Sale when ordering Food Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Food Products through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- "Contract" means a contract for the purchase and sale of Food Products, as explained in Clause 8;
- "Food Products" means the products sold by Us through Our Site;
- "Order" means your order for Food Products;
- "Order Confirmation" means our acceptance and confirmation of your Order;
- "Order Number" means the reference number for your Order; and
- "We/Us/Our" means TakeawayTech Demo and TakeawayTech (a trading name of HDC Travel Limited).
- Information About Us
- Our Site, demo.takeawaytech.co.uk is operated by TakeawayTech, a trading name of HDC Travel Limited, a limited company registered in England under 7849867 whose registered address is 7th Floor, Trinity Gate, 32 West Street, Gateshead, NE8 1AD
- The food products are provided by TakeawayTech Demo
- Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Age Restrictions
- Consumers may only purchase Food Products through Our Site if they are at least 16 years of age.
- Business Customers
- These Terms of Sale apply to consumers only and do not apply to customers purchasing Food Products in the course of business.
- Food Products, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive. Please note, however, the following:
- Images of Food Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary.
- Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).
We cannot guarantee that all Food Products will always be available.
Minor changes may, from time to time, be made to certain Food Products between your Order being placed and Us processing that Order and dispatching the Food Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Food Products and will not normally affect your use or enjoyment of those Food Products. However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Food Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 1 hour we will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Food Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site include VAT.
Delivery charges are not included in the price of Food Products displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
- If You or any of your party suffer from any food allergies, please contact us on 01234 567 890 to discuss your menu choices before proceeding with your order.
- Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
- Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Food Products ordered including full details of the main characteristics of those Food Products;
- Fully itemised pricing for the Food Products ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery/collection time.
- In the unlikely event that We do not accept or cannot fulfil your Order for any reason, No payment will be taken.
- Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Food Products unless you specifically request that We make a refund using a different method.
Delivery, Risk and Ownership
- Payment for Food Products and related delivery charges must be made on delivery or collection.
- All Food Products purchased through Our Site will normally be delivered within 1 hour of order acceptance unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
- In the unlikely event that We fail to deliver the Food Products if any of the following apply you may treat the Contract as being at an end immediately:
- We have refused to deliver your Food Products;
- Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Food Products unless you specifically request that We make a refund using a different method.
- You may cancel an Order (and receive a full refund of any sums already paid) at any time 1 hour before we dispatch your Food Products. Orders cannot be cancelled after this time or once they have been dispatched.
- To contact Us directly to cancel, please use the following details:
Our Liability to Consumers
- Telephone: 01234 567 890
- In each case, providing Us with your name, and Order Number.
Events Outside of Our Control (Force Majeure)
- We only supply products for domestic and private use by consumers. We make no warranty or representation that the Food Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Communication and Contact Details
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Food Products as necessary;
- If the event outside of Our control continues for more than 2 hours We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- If an event outside of Our control occurs and continues for more than 2 hours and you wish to cancel the Contract as a result, you may do so in any way you wish. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
Complaints and Feedback
- If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01234 567 890, by email at email@example.com.
- For matters relating to the Food Products or your Order, please contact Us by telephone at 01234 567 890, by email at firstname.lastname@example.org.
- For matters relating to cancellations, please contact Us by telephone at 01234 567 890.
How We Use Your Personal Information (Data Protection)
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- By contacting Us by telephone on 01234 567 890
Other Important Terms
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
Law and Jurisdiction
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
- If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.