Terms and Conditions - Dine Delivered ™

These pages (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.dinedelivered.co.uk. Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. General Information

1.1 The website www.dinedelivered.co.uk is operated by Dine Delivered ™ Ltd, a company registered in the UK.

2. Service availability

2.1 Our service is only available in Great Britain and Northern Ireland.

3. Your status

By placing an order through our site, you confirm that:

3.1 you are legally capable of entering into binding contracts;

3.2 you are at least 18 years old;

3.3 you are entitled to make the order, whether for yourself, for other individuals, or on behalf of a company, and to assume the responsibility thereof.

4. Our Contract

4.1 After placing an order on our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us; we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted.  

4.2 The Contract will relate only to those Products named in the order acceptance email. We will not be obliged to supply any other Products not named in your order acceptance email.

5 Subscription Services

If you choose to subscribe to the Dine Delivered ™ Supper Club, you agree to the following additional Terms and Conditions:

5.1 The subscription plan to our Services consists of an initial charge, followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to deactivation. www.dinedelivered.co.uk may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before www.dinedelivered.co.uk reasonably could act. To terminate your authorisation or change your payment method email hello@dinedelivered.co.uk, giving at least 72 hours notice.

5.2 By subscribing to the Dine Delivered ™ Supper Club at dinedelivered.co.uk you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with 5.3 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

5.3 If you want to cancel your subscription, you should follow the following steps:

Log in on the Dine Delivered ™ website

Click on Your Account Settings

Click the small edit box under Subscription Info

Click on 'cancel my subscription' at the bottom of the page

Follow the steps to deactivate

5.4 We reserve the right not to renew your subscription at any time without giving any reasons for our decision.

6. Vouchers and gift cards

6.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.

6.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

6.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.

6.4 Vouchers may only be redeemed through the website www.dinedelivered.co.uk and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

6.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

6.6 We reserve the right to exclude the use of voucher codes on specific products.  For example vouchers linked to the normal Dine Delivered ™ subscription cannot be used on the Dine Delivered ™ Christmas Box or Gift Box. Vouchers will not be applied in conjunction with any existing account credit.

7. Consumer rights

7.1 Right to cancel

You have the right to cancel your order at any time up to 14 days before the delivery date without giving any reason.

To cancel your order, you must inform us by email to lovefood@dinedelivered.co.uk.

7.2 Effects of cancellation

  If you cancel an order before the cut-off point of 14 days, we will reimburse to you all payments received from you, including the costs of delivery.

If you cancel an order after the cut-off point of 14 days, but more than 7 days before delivery date, we may make a deduction from the reimbursement of up to 50%.

 If you cancel an order less than 7 days before the delivery date, we may make a deduction from the reimbursement of up to 100%.  

  We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the order.  We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7.3 Exemption

Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivered food items are exempt from the right to withdraw. 

8. Ordering and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8.1 Ordering

Dine Delivered ™ will not sell alcohol to anyone under the age of 18. By placing an order, whether that order includes alcohol or not, you confirm that you are at least 18 years old. The recipient must also be over 18 years of age.

If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the products is unable to produce appropriate ID, our couriers will be unable to leave the products.

Once the products have been delivered, according to your original delivery instructions, they become the recipient's responsibility.

8.1.1 Special Diets

To help you in selecting appropriate dishes for you and your guests we identify dishes as being suitable for particular diets. We have done this as follows:

Vegetarian
Dishes labelled Vegetarian contain no meat, fish, animal rennet or gelatine. The food may contain eggs, dairy and honey.
 
Vegan
Dishes labelled Vegan contain no products from animal sources.
 
Gluten Free
Dishes labelled Gluten Free contain no ingredients containing gluten.
 
Dairy Free
Dishes labelled Dairy Free contain no dairy or dairy derivatives.
 
Halal Permissible
Dishes labelled Halal Permissible contain only Halal ingredients. For this purpose our Halal dishes contain no:
Meat (unless certified Halal)
Animal products (unless certified Halal)
Alcohol- including vanilla essence
Seafood, except fish
Whey products (unless certified Halal)
E120 Cochineal
 
Pork & Shellfish Free
Dishes labelled Pork & Shellfish free contain no pork or pork products and no shellfish.
 
If you have any doubts about the suitability of a dish, please check the ingredients labels.

8.1.2 Allergens policy

Allergens are shown on the ingredients section on the website menu. They are also shown in bold on the ingredients label of each specific dish.
 
Dine Delivered ™ has a robust HACCP policy which aims to minimize the risk of cross contamination and therefore prevent the inadvertent presence of allergens in our products. However, because of the varied and bespoke nature of our menus and therefore production methods and suppliers, we can never offer an absolute guarantee.
 
In the case of allergies we cannot guarantee that any item will be free of any specified allergens. Dine Delivered ™ and its associated operating companies will never offer an undertaking that anything served will be entirely free of any allergen. Please do not rely on any information, verbal or otherwise to the contrary.

8.2 Delivery

 We will make delivery to your delivery address on the date you specified. It is your responsibility to ensure that the order will arrive in good time for your event. You can do this by selecting a pre-10:30am delivery, a pre-1pm delivery, or an all-day delivery.

You must tell us where we can deliver your order to. It is your responsibility to ensure there is a nominated person on site to take delivery. If there will be no one available to take delivery, you must tell us a safe place to leave your delivery, e.g. with a neighbour.

If we cannot make delivery in accordance with your delivery instructions, we or our agents will endeavour to contact you using the contact details you provide. If however we are still unable to make delivery we will return the products to our production facility. No refund will be made if we are unable to deliver your order.

Once we have made delivery according to your delivery instructions, we take no further responsibility for the products.

9 Equipment hire

If you choose to hire equipment (cutlery, glassware, china, linen) from us, you agree to be bound by the following additional terms and conditions:

9.1 General

(a) The contract is for the hire of equipment detailed on the contract. The parties to the contract are:

(i) The Hirer, as an individual or an organisation whose official representative will be the signatory of the contract.

(ii) Dine Delivered ™ Ltd (Registered No. 7120191) with registered office at Sanderson House, Station Road, Horsforth, Leeds LS18 5NT. No changes or additions shall be effective. Any condition not enforced or deemed invalid will not affect other conditions.

(b) All equipment hired remains the property of Dine Delivered ™ Ltd at all times.

9.2 Charging

(a) Hire charges will be for periods of 3 days (72 hours) or one week (7 days) or multiples, including Bank Holidays, as detailed on the hire contract. All charges quoted are subject to VAT at the current prevailing rate.

(b) Any equipment unavailable for inspection or collection, after a reasonable time, will be deemed to be lost and a charge will be made to the Hirer equal to the current replacement value of the equipment. An additional collection charge to collect remaining items will be chargeable.

(c) The Hirer agrees to pay for all equipment loss, repair and cleaning.

(d) A refundable deposit of £50.00 will be charged upon order in addition to the hire charge to cover any potential losses or breakages to the equipment owned Dine Delivered ™ Ltd.

9.3 The Hirer’s Risk

(a) The Hirer or his signatory will check quantities and condition of equipment on delivery and sign the contract to confirm agreement. Any damage or shortfall must be agreed, noted on the contract and signed off by both parties.

(b) The Hirer accepts full responsibility for the security and safe use of the equipment until collection.

(c) The Hirer agrees to insure all equipment on a full replacement basis against loss and theft. All insurance claim proceeds to be paid to Event Furniture Limited on demand.

(d) It is the Hirer’s responsibility to ensure all products are returned in the packaging provided to the courier in a clean condition. A cleaning charge of 20% of the hire will be chargeable should the items be returned in a dirty state.

(e) Any charge for damaged or broken equipment will be taken out of the deposit.

10. Hire of Staff

10.1 If you choose to hire staff through our website, this will take you through to our partner Syft. You agree that we will share your details with Syft to enable them to provide you with staff for your event.

10.2 Syft operate separately from Dine Delivered ™, and you should check their terms and conditions. Dine Delivered ™ accept no responsibility for any staff hired through Syft.

11. Risk and title

11.1 The Products will be at your risk from the time of delivery.

11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

12. Price and payment

12.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

12.2 Product prices include VAT.

12.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

12.4 Payment for all Products and Services must be by credit or debit card through Worldpay, only excepting accounts which have a credit account agreement in place. Accounts operating a credit account agreement must first complete the account application form and accept the separate terms for credit accounts in writing.

13 Credit Accounts

If you choose to apply for a credit account, you agree to be bound by the following additional terms and conditions:

13.1 General

13.1.1 Dine Delivered ™ offer credit account facilities to limited companies and governmental bodies. Private individuals are not eligible for credit.

13.1.2 Accounts may be extended credit based on projected order values and are subject to credit checks. Dine Delivered ™ reserve the right to refuse to open a credit account for any customer for any reason.

13.1.3 Any orders placed before the credit account is approved must be paid for in advance in the usual way.

Credit terms

Dine Delivered ™ offer account terms of 28 days credit from date of invoice. Dine Delivered ™ may withdraw this facility without further consultation entirely at our discretion and particularly if any invoice is unpaid after a 28 day period from the invoice date and/ or if your agreed credit limit is exceeded.

 

Interest

If payment is not made in accordance with this agreement then Dine Delivered ™ will be entitled without limiting any other rights to charge interest on the outstanding amount from the due date until the outstanding amount is paid in full.  Interest will be charged at 3% over the base rate from time to time set by Barclays Bank plc.  

Queries

Should there be any account queries these must be raised in writing to: lovefood@dinedelivered.co.uk. Your account remains payable in full until and unless a credit note is raised.

14 Refunds

14.1 If you are unhappy with your delivery for a legitimate reason such as: the order was missing items, the items were damaged, the order did not arrive. We will offer an appropriate refund as long as it can be shown that the order you were charged for was not provided as it should have been. You should follow the procedure ‘request a refund’ by informing us within one hour of the box being delivered of any issues.

We will not be liable for any refund if we were unable to make delivery of the products due to incorrect or incomplete delivery instructions.

15. Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

16. Our liability

16.1 Subject to clause 16.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.

16.2 Nothing in this agreement excludes or limits our liability for:

16.2.1 Death or personal injury caused by our negligence;

16.2.2 Fraud or fraudulent misrepresentation;

16.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

16.2.4 Defective products under the Consumer Protection Act 1987; or  16.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

17. Communications

Some applicable laws require that some of the communications we send you should be in writing. By using our website, you agree that communication with us will be primarily electronic. We will contact you by e-mail, or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17.1 Marketing

By providing us with your email details including address, email address, and telephone number you agree that Dine Delivered ™ can use these details in order to provide you with the Service. You further agree that Dine Delivered ™ can use these details to provide you with marketing and other information. If you wish to opt out of marketing communications you can do this by emailing lovefood@dinedelivered.co.uk at any time.

18. Notices

All notices given by you to us must be given to Dine Delivered ™ Ltd at lovefood@dinedelivered.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19. Transfer of rights and obligations

19.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 

20. Intellectual property rights

20.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

20.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.  20.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By ordering from the website or subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

21. Events outside our control

21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

21.2.1 Strikes, lock-outs or other industrial action;

21.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

21.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

21.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

21.2.5 Impossibility of the use of public or private telecommunications networks; and  21.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 

22. Waiver

22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

22.2 A waiver by us of any default will not constitute a waiver of any subsequent default.  22.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.

23. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

24. Entire agreement

24.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

24.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.  24.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

24.4 Nothing in this clause limits or excludes any liability for fraud.

25. Our right to vary these terms and conditions

25.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

25.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

26. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.