Customer – Terms and Conditions
Please read these terms and conditions carefully before you create an account with us and before you place an order for Products from our Site. These terms tell you who we are, how you may use our Site to place an order for Products through our Site, refunds, who is liable for what, what to do if there is a problem and other important information.
- These terms
1.1. By using our website https://soupnsidesxpress.co.uk/ (our Site) and/or when placing an order for food and drink products from our Site (Products), you confirm that you accept these terms and conditions of use and that you agree to comply with them.
- There are other terms that may apply to you
2.1. These terms and conditions refer to the following additional terms, which also apply to your use of our Site and form part of our terms and conditions:
- Who we are and how to contact us
3.1. https://soupnsidesxpress.co.uk/ is a website operated by Soup’N’Sides Xpress Ltd (“us”, “we”, “our”). We are registered in England and Wales under company number 11383141 and have our registered office at 7 Minstrel Avenue, Nottingham, United Kingdom, NG5 1QL.
3.2. You can contact us by telephoning our customer service team at 0115 808 3937 or by writing to us at email@example.com or 7 Minstrel Avenue, Sherwood, NG5 1QL.
- How we may contact you
4.1. If we have to contact you about your Account on our Site, your Order or your event booking made through our Site we will do so by telephone, or by writing to you at the email address or postal address you provided to us on your account.
4.2. “in writing” includes emails. When we use the word “writing” or “written” in these terms, this includes email.
- We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 17-01-2020.
- What do these terms cover?
6.1. Our Site provides a platform whereby you may place an order (Order) for Products from restaurants that offer a takeaway service and from licenced caterers who may be cooking from home and provide a takeaway service (Restaurants). Where the Restaurant delivers the Order, the contract for the supply, purchase and delivery of the Products is between you and the Restaurants and we act as an agent on behalf of the Restaurants whereby Orders for Products are placed by you through our Site. Where the Restaurant do not deliver the Order, the contract for the supply and purchase of the Products is between you and the Restaurant and we act as an agent on behalf of the Restaurants whereby Orders for Products are placed by you through our Site and we arrange delivery of the Order through a third-party delivery company (Third Party Delivery Partner).
6.2. These terms and conditions govern how you may use our Site to place an order for Products from the Restaurant.
6.3. The Restaurants are obliged to carry out delivery of the Products to you. We do not
- We may make changes to our Site. We may update and change our Site from time to time to reflect changes to the Products supplied by the Restaurants, the Restaurants that supply the Products, your needs and our business priorities.
- We may suspend or withdraw our Site
8.1. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8.2. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
- How you may use material on our Site
9.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use.
9.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
9.5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6. If you print off, copy or download any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Creating an Account
10.1. To place an Order for Products on our Site you must register for an account with us (Account).
10.3. If you create an Account with us, you may choose a username and password and as part of our security procedures you must treat such information as confidential. You must not disclose it to any third party. If another person uses such information to place an Order, you will be responsible to pay for the total cost of the Order and we are not responsible for any other losses that you may suffer, unless the person using your details obtained it because we did not keep it secure.
10.4. We have the right to disable any Account you have with us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
10.5. If you know or suspect that anyone other than you knows any of your Account details, you must promptly notify us and you must immediately change your login details to your Account (including your username and password).
- Your Order for the Products
11.1. You must sign in to your Account to place an Order for Products through our Site.
11.2. Before selecting a Product from the menus displayed on our Site, you must check the allergens information shown below each Product. For more information on dietary information please see Allergies, intolerances and dietary information below.
11.3. The Products that you select will be shown in the ‘Your Order’ box. Before selecting ‘Confirm order’ you must ensure that your Order is correct. By proceeding to select ‘Confirm order’ you are agreeing to purchase the Products listed and provided the Order is accepted by the Restaurant (see clause 14.1) you are entering into a contract with the Restaurant for those Products. Subject to clauses [14.1, 14.2 and 14.3] you may not be entitled to a refund and you may not change or cancel your Order once your Order has been confirmed by us.
11.4. Where applicable, you will only be able to place an Order for Products if your Order reaches the minimum order price displayed on our Site for each Restaurant (Minimum Price).
11.5. Once you have confirmed your order and made payment in full for the Products you shall receive a confirmation of order email from us acknowledging payment (Confirmation Email). The Confirmation Email will detail your Order and the payment made.
11.6. Our Site will detail the approximate delivery time or collection time (as applicable) for each Restaurant. All delivery and collection times shall be estimates only.
11.7. The Confirmation Email is not an assurance that your Order will be accepted by the Restaurant (see clause 14.1) and we shall not be liable to you in any way for any Orders that are rejected by the Restaurant.
11.8. If you wish to make any enquiries about your Order (including updates on estimated delivery times) you may contact us or the Restaurant.
11.9. If you wish to make a complaint about your Order (including if you are unhappy with the Product, or any other complaints) you may contact the Restaurant. In the event that you are unable to contact the Restaurant you make contact us and request that we contact the Restaurant on your behalf.
- Service Availability and Delivery
12.1. Each Restaurant on our Site will only deliver Products to addresses within their prescribed delivery area (Delivery Area) and during their opening hours (Opening Hours).
12.2. The Delivery Area and Opening Hours of each Restaurant may change from time to time due to reasons beyond our and the Restaurants reasonable control.
12.3. Our website will notify you if you attempt to place an Order that is outside of the Delivery Area and/or outside of the Opening Hours for that Restaurant. You may wish to try to place an Order for Products from another Restaurant on our Site that may be within your Delivery Area or during their Opening Hours.
12.4. You will be charged the full cost of the Order (including delivery and other applicable charges) if delivery of the Products to you is unsuccessful due to any of the following reasons:
12.4.1. you fail to answer the door when delivery of the Order is attempted;
12.4.2. you fail to answer the phone when the delivery driver contacts you to attempt to deliver your Order;
12.4.3. you fail to provide the delivery driver with access to your address to deliver the Order within a reasonable amount of time; or
12.4.4. you fail to provide the delivery driver with a safe location at the delivery address to leave the Order.
12.4.5. In some circumstances our Third-Party Delivery Partner will deliver your Order on behalf of the Restaurant.
12.4.6. You may track the status of your Order through our Site, including when our Third-Party Delivery Partner collects your Order from the Restaurant.
- Price and Payment
13.1. The price for the Products shall be the price set out on our Site. All prices displayed on our Site shall be inclusive of VAT but may exclude the costs of delivery or any additional service charges.
13.2. The total price due shall be displayed in the ‘Your Order’ box before you proceed to confirm your order and shall include delivery costs (if applicable) and additional service charges.
13.3. The costs of delivery will be as displayed to you on our Site.
13.4. You may pay for your Order using one of the following accepted payment methods:
• via cash at the time of delivery (only where the Restaurant delivers your Order or on collection by you). For the avoidance of doubt, you may not pay cash for an Order where the Restaurant uses our Third-Party Delivery Partners to deliver your Order.
13.5. It is always possible that, despite our best efforts, some of the Products displayed on our Site may be incorrectly priced. If the Product’s correct price at your order date is higher than the price stated to you on our Site, we will contact you for your instructions before your Order is accepted. In this circumstance, we nor the Restaurant are under any obligation to provide the Product to you at the incorrect lower price. If the Product’s correct price at your order date is lower than the price paid by you, we will charge you the lower amount.
- Refunds, cancellations and changes to Orders
14.1. In some circumstances a Restaurant may be unable to accept your Order due to reasons beyond their reasonable control. If a Restaurant is unable to accept your Order, we will inform you promptly (usually by email or telephone) and offer you a full refund (including any delivery and service charges paid) to the same method of payment that you paid for the Products with.
14.2. Any refunds offered may not show as available in your bank account balance immediately and will instead depend on your bank or card issuer’s processing times. You should allow 3 – 7 working days from the date of confirmation of your refund by us for refunds to show in your available balance. If you experience issues with refunds showing in your bank account, you should contact your bank to request that it is processed. We shall not be liable for any delay in refunds showing in your available balance.
14.3. Once you have received a Confirmation Email you may not amend or cancel your Order. You may contact us if you wish to amend or cancel your Order and we shall contact the Restaurant to request if this is possible however neither we nor the Restaurant are under any obligation to agree to your request.
- Promotional codes
15.1. From time to time we may offer you promotional codes whereby you can obtain a discount off of your Order (Voucher).
15.2. You are permitted to use a Voucher through our Site when you place an Order by entering the Voucher code at the checkout. The value of the Voucher will be deducted from the total price of your Order before you make payment on our Site.
15.3. Unless we state otherwise you may only use a Voucher where the total price for your Order after the value of the Voucher has been deducted reaches the Minimum Price displayed on our Site for each Restaurant.
15.4. You may only use the Voucher once per customer and each Voucher must not be used in conjunction with any other Vouchers.
15.5. Each Voucher will have a maximum number of uses and this will be displayed on our Site. Once the Voucher has been redeemed by the number of customers permitted it will be void.
15.6. Each Voucher may only be used in England and in pound sterling (GBP).
15.7. Vouchers may be subject to conditions, including but not limited to expiry limits, geographical limits, particular Products, Restaurant specific or limits as to particular categories of customer (e.g. students or new customers who set up an Account with us) (Conditions). The applicable Conditions will be specified when we offer the Voucher.
15.8. The value of each Voucher will be displayed on our Site or on the Voucher.
15.9. In the event that you receive a refund for an Order where you used a Voucher to obtain a discount, the refunded sum will only reflect the amount paid by you for the Order. You will not receive a refund for the value of the Voucher.
15.10. Vouchers will not be exchanged for cash.
15.11. We are permitted to vary the terms and conditions of use of the Voucher and void the Voucher at any time without prior notice to you.
15.12. We reserve the right to refuse to permit the use of Vouchers offered to new customers where our Site recognises that you already have an account set up with us using the same email, delivery address, phone number, billing details etc.
- Allergies, intolerances and dietary information
16.1. All of the Restaurants are obliged to ensure that any and all of their Products on our Site display accurate allergy and intolerance information. Although we try to ensure that this information is accurate on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
16.2. You acknowledge that it is your responsibility to inform the Restaurant when placing an Order on our Site to notify them of any allergies, sensitivities or intolerances that you may have. You may do this by stating your allergies and intolerances in the ‘notes’ box before selecting ‘Confirm order’.
- Event Bookings
17.1. If you wish to make a reservation for an event where you require catering from a Restaurant on our Site you may do so by selecting ‘Book for event’. You will be prompted to fill out a form to reserve your booking (Reserve Form).
17.2. The Reserve Form will display the available dates and times of the Restaurant.
17.3. Once you have completed the Reserve Form, we shall contact you to confirm whether or not your booking has been accepted by the Restaurant.
17.4. Once an event booking has been confirmed you shall be required to pay for the booking in full within 7 days of the event date.
17.5. We accept payment for bookings via bank transfer to our bank account (details of which will be provided to you once your event booking is confirmed).
- Event Bookings – refunds, cancellations and changes to your booking
18.1. Subject to clauses 18.2,18.3,18.4 and 18.5 once an event booking has been confirmed you may not be entitled to a refund or be permitted to cancel or amend the booking.
18.2. In some circumstances the Restaurant may have to cancel your event booking due to a reason beyond their reasonable control. You will receive a full refund for all sums previously paid for any cancellations of event bookings by the Restaurant.
18.3. You may cancel your event booking up to 3 days before the confirmed date of the event and receive a full refund for all prior sums paid for the booking.
18.4. If you cancel your event booking after the period set out in clause 18.3 you will not be entitled to a refund of any monies previously paid.
18.5. If you wish to amend your booking you must contact us. We shall then contact the Restaurant to inform them of your requested change. Depending on the amount of prior notice given to the Restaurant, the Restaurant may not be able to accept your change. Neither we nor the Restaurant are under any obligation or liability to you for non- acceptance of changes to your event booking.
18.6. If the Restaurant is able to accept your change to your booking, additional charges may be payable depending on the change.
18.7. See clause 14.2 for information on when refunds may show in your bank account.
- Prohibited uses
20.1. You may use our Site only for lawful purposes. You may not use our Site:
20.1.1. in any way that breaches any applicable local, national or international law or regulation.
20.1.2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
20.1.3. for the purpose of harming or attempting to harm minors in any way.
20.1.4. to bully, insult, intimidate or humiliate any person.
20.1.5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
20.1.6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
20.1.7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
20.2. You also agree:
20.2.1. not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms and conditions.
20.2.2. not to access without authority, interfere with, damage or disrupt:
18.104.22.168. any part of our Site;
22.214.171.124. any equipment or network on which our Site is stored;
126.96.36.199. any software used in the provision of our Site; or
188.8.131.52. any equipment or network or software owned or used by any third party.
- Content standards
21.1. These content standards apply to any and all material which you contribute to our Site (Contribution), and to any interactive services associated with it.
21.2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
21.3. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
21.4. A Contribution must:
21.4.1. be accurate (where it states facts).
21.4.2. be genuinely held (where it states opinions).
21.4.3. comply with the law applicable in England and Wales and in any country from which it is posted.
21.5. A Contribution must not:
21.5.1. be defamatory of any person.
21.5.2. be obscene, offensive, hateful or inflammatory.
21.5.3. bully, insult, intimidate or humiliate.
21.5.4. promote sexually explicit material.
21.5.5. include child sexual abuse material.
21.5.6. promote violence.
21.5.7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
21.5.8. infringe any copyright, database right or trade mark of any other person.
21.5.9. be likely to deceive any person.
21.5.10. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
21.5.11. promote any illegal activity.
21.5.12. be in contempt of court.
21.5.13. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
21.5.14. be likely to harass, upset, embarrass, alarm or annoy any other person.
21.5.15. impersonate any person or misrepresent your identity or affiliation with any person.
21.5.16. give the impression that the Contribution emanates from us, if this is not the case.
21.5.17. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
21.5.18. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
21.5.19. contain any advertising or promote any services or web links to other sites.
- Breach of Prohibited Uses and Content Standards
22.1. When we consider that a breach of clauses 20 or 21 has occurred, we may take such action as we deem appropriate.
22.2. Failure to comply with clauses 20 or 21 constitute a material breach of these terms and conditions upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
22.2.1. Immediate, temporary or permanent withdrawal of your right to use our Site.
22.2.2. Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
22.2.3. Issue of a warning to you.
22.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
22.2.5. Further legal action against you.
22.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
22.3. We exclude our liability for all action we may take in response to breaches of clauses 20 and 21. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- User-generated content is not approved by us.
23.1. Our Site may include information and materials uploaded by other users of the Site, including reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
23.2. User-generated content or other materials uploaded by users of our Site are not intended to amount to advice on which reliance shall be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user of our Site or anyone informed of its content.
- How to complain about content uploaded by other users. If you wish to complain about content uploaded by other users, please contact us.
- We are not responsible for viruses and you must not introduce them
25.1. While we try to ensure that our Site is secure and free from bugs or viruses, we do not guarantee that our Site will be secure or free from bugs or viruses.
25.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
25.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
26.1. 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 for fraud or fraudulent misrepresentation or any other liability that may not be excluded or limited by law.
26.2. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
26.3. You acknowledge that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26.4. Subject to this clause 26 our total liability to you in connection with our Site or your use of our Site shall not exceed (a) twice the value of your Order or £50 (whichever is lower) or (b) twice the value of the sums paid to us (excluding sums paid to the Restaurant) for the event booking (as applicable).
- Other important terms
27.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation.
27.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
27.3. If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the clauses in these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
27.4. Even if we delay in enforcing any clause of these terms and conditions, we can still enforce it later. 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 these terms and conditions, 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.
27.5. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
27.6. Governing Law and Jurisdiction. These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.