Terms & Conditions
The use of www.spoiltforchoicetakeaway.co.uk is subject to the following terms & conditions. Please read these carefully as this is an agreement between you and Spoilt for Choice takeaway. By accepting these terms and conditions you are entering a contract with us and agreeing to the terms and conditions that are stated. References to "user", "you" and "your", apply to you directly. References to "us", "we" and "our", apply to Spoilt for Choice takeaway. Any reference to "website", applies to www.spoiltforchoicetakeaway.co.uk which is owned by us.
These terms and conditions govern your use of our website www.spoiltforchoicetakeaway.co.uk; by using our website, you accept these terms and conditions in full.
2. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- (a) republish material from this website (including republication on another website);
- (b) sell, rent or sub-license material from the website;
- (c) show any material from the website in public;
- (f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
3. Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
4. Website functioning, Limited warranties &. Limitations and exclusions of liability
Although we will endeavour to make sure our website is fully functional twenty four hours a day, we cannot guarantee this and will not be held liable for any losses or damage caused by the unavailability of our website. To the extent permitted by law and To the extent that the website and the information and services on the website are provided free-of-charge, Spoilt for Choice provides our site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our site, or that it will be timely or error-free, that defects will be corrected.
We will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
5. Miniumum Age
You must be a minimum age of 18 years to use the online ordering facility on our website.
- All orders for products shall be deemed to be an offer by the Customer in accordance with these Terms and Conditions, which if accepted by us will create a binding contract.
Acceptance of the order shall be at Spoilt for Choice’s discretion and shall occur when you receive an on-screen message and e-mail confirming your order has been placed. We reserve the right to refuse your offer for any reason should we consider it necessary.
- Minimum Order Value
Minimum order value applies, and you will be notified when you reach the basket if your order is below the minimum value. The minimum order value excludes delivery and card charges
- Latest Order Time
Due to licensing laws, we are unable to accept orders for either delivery or collection less than 25 minutes before the stated closing time of your chosen takeaway/restaurant. We would also respectfully advise customers who are collecting their orders that we will be unable to serve them should you not arrive at the store prior to closing time. Should you have any questions, please call our shop and speak to the duty manager.
Any orders placed after our official closing time will be deemed a pre-order for the following business day and will be prepared and delivered within 50 minutes upon opening, unless you have stated otherwise. In either case we may contact you directly on phone to confirm your order status.
- Order Amendment And Cancellation
Amendment to the content of your order can be made if your order has not been prepared. Amendments to the order must therefore be made by phoning the shop direct.
Once you have placed an online order with us it can cancelled within 10mintues of ordering by contacting us on the phone. Any cancellations requested after this ten minute period may incur 20% surcharge based on the total amount of your order placed on that occasion.
Spoilt For choice has the right to cancel any order placed by you on any given day or time without the need to give a reason. If we cancel an order placed by you, we will contact you as soon as possible by any means of contact you have provided us including email; phone or postal address. No liability to offer compensation will be placed upon Spoilt For choice takeaway in case of cancellation.
Any complaints about Spoilt for Choice takeaway products or services should be made within 10minutes of receiving your order to the shop directly. Any complaints made after this allocated period will not be considered for review by Spoilt for choice takeaway.
7. Responsibility for accessing the website and placing orders
Products purchased from Spoilt for Choice www.spoiltforchoicetakeaway.co.uk, are not designed, packaged or prepared for the purposes of resale or any other commercial use.
Spoilt for Choice www.spoiltforchoicetakeaway.co.uk products are sold on a direct consumer basis, where the person who places the online order, collects their order in person for the purposes of their own private consumption.
All food products sold through the Spoilt for Choice www.spoiltforchoicetakeaway.co.uk should be eaten immediately. We do not recommend that any product is stored or re-heated.
Spoilt for Choice www.spoiltforchoicetakeaway.co.uk cannot be held responsible for the content or quality of products ordered via any third party agency, or via any party that is not the end customer, that places an order on behalf of someone else, or handles our products once they have left our restaurant premises, e.g. for the purposes of a delivery service.
Please check your order carefully before you click "confirm" as Spoilt for Choice is not responsible for ‘user-errors’ including (but not limited to) choosing the wrong takeaway/restaurant, collection time/ date, quantities or Products. If someone else made the Booking on your behalf, you agree that such person acted as your agent. You are responsible for ensuring all users who access and use our website through your internet connection is made aware of these terms and conditions and that they fully comply with them. Orders placed by you or anyone else using your internet connection will be deemed valid. Any claims of misuse will either be accepted or rejected and may result in a 20% surcharge of the total amount of the order placed at the time.
8. Personal details
By using our online ordering system, you the customer declare all relevant personal information is completed as accurately as possible
For the purposes of making an order, you will need to provide an email address and telephone or mobile number and delivery addresses. Please ensure that the contact details that you provide are correct as incorrect personal details may lead to problems or delays in processing your order. Spoilt for choice takeaway will not be held liable for any delays or rejections to your order in case of information being incorrectly provided.
10. Products & Prices
All Product orders are subject to availability. If a Product you have requested is not available, the takeaway/ restaurant will use reasonable endeavours to provide as close an alternative as possible and will advise you by telephone or email of this change. If you do not want to accept the alternative, your order will be cancelled and you may either re-order an alternative Product or receive a full refund in relation to the amended Product if your payment has already been taken.
The price of any Product may vary from time to time. Prices may vary between takeaway and restaurants. Spoilt for choice takeaway reserve the right to change the prices of our products without giving any prior notice, although we will endeavour to do so.
11. Changes to service and Offers
From time to time we make offers available to our customers. Any special offers are subject to the terms and conditions of those offers which will include details of whether they are available for online ordering. Spoilt for choice takeaway reserves the right to cancel, change, or amend any offer provided by us to you without the need to give you any reason or prior notice.
12. Allergen Information
For allergen information please check the relevant product details on the online ordering system. If you suffer from nut or other allergies please telephone your chosen takeaway/restaurant for more information. Allergen menus are available on request. Gluten free options are made using non gluten containing ingredients. However, our kitchens do handle gluten therefore we cannot guarantee completely gluten free dishes. Please note that some Products may contain traces of bone and some olives may contain stones.
13. Payment & Delivery
Payment can be made on our website by using the PayPal payment system or choosing to pay by cash on delivery. Spoilt for choice takeaway will not be held liable for any damage or losses occurred when making third party payments. We do not accept cheques or e-cheques.
Our delivery drivers only carry up to £10 in change, payment must be in £ sterling.
By providing us with payment details you promise that you are authorised to use the account details submitted by you. You promise to indemnify us for any claims, losses or damages incurred by us or our affiliates or business partners as a result of any unauthorised or fraudulent use by you of a credit or debit account.
Your choice of payment method is subject to the terms and conditions of your card or account provider. Spoilt for choice reserve the right to terminate this agreement with you if Spoilt for Choice are refused authority for payment or reasonably believe that payment will be refused at any stage.
Our goal is to provide the best food delivery service possible which includes delivering your order at the time we quote. Unfortunately things don't always go to plan and factors, such as, weather, staff illness and traffic occasionally prevents us from achieving this.
14. Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
We reserve the right to decline a new registration, terminate your right to link to our site, remove you as a user of our site, and/or prevent any further use if you breach any of your obligations under these terms and conditions. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.
If we terminate your right to link to our site you must cease linking to our site immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
16. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
17. Variation /Terms and conditions changes
Spoilt for choice takeaway reserves the right to change or amend some or all of the terms and conditions presented on this website without any reason or prior notice to you the user.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
21. EVENTS OUTSIDE OUR CONTROL
We and the Spoilt for choice takeaway/restaurants 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 (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control, includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) impossibility of the use of public or private telecommunications networks; or
- (f) the acts, decrees, legislation, regulations or restrictions of any government.
22. WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly 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.
23. Entire agreement
24. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Scottish law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Scotland.
25. Our details
Spoilt for choice
19 Marionville Road
EDINBURGH EH7 5TY