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HEYMENU LIMITED

ONLINE TERMS AND CONDITIONS

01/03/2017

OUR TERMS

We are Heymenu Limited (referred to as “we”, “our” or “us”) a company registered in England and Wales. Our company registration number is 10271875 and our registered office is at 35 Jackson Court. Hazlemere, Buckinghamshire, England. HP15 7TZ. Our registered VAT number is 248 265 5291.

We work with restaurants, takeaways and fast-food outlets (our “partners”). We are not ourselves a restaurant or food outlet. We act as an agent for our partners.

This page sets out the terms and conditions (referred to as the “terms”) on which we provide our service to you. Please read these terms carefully before you submit your order via our website.

By placing an order for food and other goods from one of our partners via one of our App’s or our website (www.heymenu.com), you agree to be bound by these terms and, where applicable, the terms of sale of our partners, which will be notified to you at the time of submitting your order. If you do not accept these terms, or the terms of our relevant partner from which you have chosen to purchase goods, you must not use or place an order via this website.

When we use the words “writing” or “written” in these terms, this includes e-mails and text messages.

 

  • OUR CONTRACT WITH YOU
      1. How your order is accepted. When you place an order with us on our website, we will send you a confirmation e-mail that we have received your order but this shall not be deemed as acceptance of the order by our partner. Your order will be transmitted to our relevant partner, who will accept or decline your order, and who will update you as to the progress of your order (as appropriate). A contract will come into existence between you and our relevant partner at the point at which our relevant partner accepts your order and sends you the first progress update transmission (either via e-mail or text message or any other means) and, where applicable, this contract will also incorporate the terms of sale of our relevant partner (which will be notified to you on our website before you submit your order).
      2. In the case of conflict between these terms and the terms of our relevant partner as available on our website, the terms of our relevant partner shall prevail. In the case that any of our partners do not have their own terms of sale, these terms constitute the entire agreement between you and us.
      3. If your order cannot be accepted. If our partner is unable to accept your order, we will inform you of this by e-mail. This might be because a product is unavailable, because of unexpected limits on our resources or the resources of our partners which we or they could not reasonably plan for or because our partners have identified an error in the price or description of a product or because our partners are unable to meet a delivery deadline you have specified. If payment has been taken from you, we will refund this as soon as possible via the original payment method.
      4. A contract will not come into existence if our relevant partner declines your order for any reason.
      5. We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
      6. Our website is solely for consumers in the United Kingdom. Unfortunately, we do not accept orders from addresses outside the UK.

 

  • THE PRODUCTS
      1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only and may vary slightly from the images displayed.
      2. The packaging of the product may vary from that shown in images on our website.
      3. If you use our “split the bill” service you automatically agree to becoming a member to us.

 

  • DELIVERY
      1. The costs of delivery will be as displayed to you on our website.
      2. Your order will be transmitted to our relevant partner at the point your order is submitted. Once accepted by them, you will be notified of the estimated delivery or collection time for your order and, subsequently, with progress updates for your order which can be tracked if you are a registered member of us, we cannot guarantee any tracking or notifications if you place an order with us as a non-member. If you choose to collect your order, we will notify you when your order is ready for collection. All food preparation and deliveries are the sole responsibility of our relevant partner that accepted your order.
      3. If delivery of your order is delayed due to an event outside our partners control then they will contact you as soon as possible to let you know and they will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to request a refund for any order you have paid for but not received.
      4. Our partner will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and, therefore, cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
      5. You have an obligation to ensure that someone is available at your address to take physical delivery of your order if you chose to have your order delivered to a UK address when placing your order. If, despite our or our partner’s reasonable efforts to contact you, there is no one is available at your address to take delivery, or, if applicable, you do not collect your order once you have been notified that it is ready by our relevant partner, you may be charged in accordance with clause 3.6.
      6. If you do not, within a reasonable time, allow our partner to deliver the products to you or collect them from our relevant partner, we will refund any money you have paid in advance for products that have not been provided but we may deduct or charge you reasonable compensation for the net costs we or our relevant partner will incur as a result of your breaking the contract. The refund to you may, in certain circumstances, be reduced to nil upon us charging you for reasonable compensation in accordance with this clause.

 

  • PRICE AND PAYMENT
      1. Prices (which include VAT where applicable) are displayed on our App’s and website and are confirmed on the order pages when you place your order. We take all reasonable care to ensure that the prices are correct.
      2. We accept payment with all UK Visa and Mastercard credit and debit cards. You must pay for your order before we send it to our relevant partner who will process it. We may charge a  premium if you are using a non UK credit card or debit card.

 

  • CANCELLATION
      1. You do not have the right to cancel your order up to the point where the order is submitted from our App’s or website, You do have the right to cancel your order by agreeing with our partner subject to they have not started to prepare your order or the order has been dispatched for delivery or has been delivered.
      2. You can cancel your order by contacting the restaurant you have placed your order and agreeing with them.
      3. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
      4. An order may be subsequently cancelled by one of our partners after you have received an e-mail from them stating that the order has been accepted. We and our partners reserve the right to cancel any order, before or after acceptance of your order, and will notify you immediately of any such cancellation. If your order is cancelled and payment has been taken from you, we will refund this as soon as possible via the original payment method.

 

  • NO RIGHT TO WITHDRAW
      1. You have no right to withdraw your order if and when it concerns the delivery of goods that:
        1. are liable to deteriorate or expire rapidly; or
        2. are made to your specifications or clearly personalised.

 

  • RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

Our responsibility

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
    3. We are not liable for business losses. Our partners only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We are not responsible for our partners. We are not liable whatsoever for any acts or omissions of our partners or for any loss or damage (whether foreseeable or not) suffered by you as a result of their actions or omissions.
    5. We are not liable if you have told us that you have an allergy and you fail to call the restaurant to discuss this with them, or they fail to call you, we will also not be liable in the event that our partner causes damage or harm with any order in the event of any such allergy. It is your responsibility to act sensibly and accordingly to ensure that you have made every effort with your order if you have an allergy, if you feel that there is any risk then you must place an order with us or our partner and if you order then the order is entirely placed at your own risk.
    6. We are not responsible for alcohol supplied by our partners. It is our partners responsibility to ensure legal process on supplying alcohol ordered via our App’s or website and to ensure that appropriate identification is taken before alcohol is given. You may be refused be given alchhol where our partner believes under age or responsible drinking is not accepted.

Our partners’ responsibility

      1. Our partners are responsible to you for foreseeable loss and damage caused by them. If our partners fail to comply with these terms, our partners are responsible for the loss or damage you suffer that is a foreseeable result of our partners’ breaking this contract or our partners’ failing to use reasonable care and skill, but our partners are not responsible for any loss or damage that is not foreseeable.
      2. Our partners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes the liabilities as set out in clause 7.2.
      3. Our partners are not liable for business losses. Our partners only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our partners will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  • HOW WE MAY USE YOUR PERSONAL INFORMATION
      1. We will use the personal information you provide to us:
        1. to instruct our relevant partner to supply the goods to you (this includes passing your information to our relevant partner so that they can fulfil your order);
        2. to process your payment for the goods; and
        3. if you agreed to this during the order process, to give you information about promotions and similar goods that we provide, but you may stop receiving this at any time by accessing your account details.
      2. We will only give your personal information to third parties (other than our partners) where the law either requires or allows us to do so.
      3. You have an obligation to ensure that the contact details that you provide to us are correct and up-to-date. We will not be responsible for delays or problems with your order caused by inaccurate information that you have provided to us.

 

  • OTHER IMPORTANT TERMS
      1. Allergies. Allergen information is available on the websites of our partners. If you have an allergy, it is important that you read this information before placing an order.
      2. Alcohol. It is illegal to sell alcohol to persons under the age of 18. Alcohol can only be sold and delivered to persons aged 18 or over and you may be asked for proof of your age upon delivery of your order by our relevant partner. By placing an order that includes alcohol, you warrant that you are at least 18 years old. We and/or our partners reserve the right to refuse to deliver alcohol to any person who does not appear, or cannot prove that they are, aged 18 years or over.
      3. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may transfer our rights or obligations under these terms without your prior consent.
      4. This contract is between you, us and our relevant partner. No other person shall have any rights to enforce any of its terms.
      5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
      6. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
      7. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
      8. We take all care to ensure that your data is held with us and we do not hold any sensitive credit or debit card information, but we are not liable for any attempts of internet attack or compromise on our App’s or website.
      9. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

  • IF YOU HAVE A QUESTION
      1. If you have any questions or complaints about one of our partners, please contact us on the details below.
      2. All questions or complaints about goods shown on our website should be directed to our relevant partner.

 

  • CONTACT
    1. How to contact us. You can contact us using the relevant contact details on our website.
    2. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.