The Menu Service Ltd Terms & Conditions & Privacy Policy
All sales of goods or services by The Menu Service Limited, whether made via its website, by telephone, or by any other means, are subject to the Terms & Conditions listed below.
1 Definitions and Interpretations
1.1 In these Terms & Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
| "You" (and any similar expression) | the person who makes an offer to buy the Goods from Us subject to these Terms & Conditions and whose offer for the Goods is accepted by Us and to whom such acceptance is acknowledged by means of an Order Acknowledgement; |
| "Contract" | the contract for the purchase and sale of the Goods and the provision of the Services; |
| "Goods" | the goods ordered by You from Us, e.g. prepared meals, wines, beers, spirits; |
| "Order" | the order placed by You with Us for the Goods and the Services either on the order page headed ‘Checkout’, or by completing the Order Form and faxing it to us, or by telephone; |
| “Order Acknowledgment” | Our Written (usually email) acknowledgment and acceptance of Your Order; |
| “Order Form” | the order form printed in our brochure or otherwise supplied to You by Us; |
| “Services” | the services to be provided by Us to You; |
| "Us" (and any similar expression) | The Menu Service Limited (Company No. 5748507) whose registered office is c/o Buckle Barton, Sanderson House, Station Road, Horsforth, Leeds LS18 5NT; |
| "Writing" | writing, including e-mail. |
1.2 Any reference in these Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2 General
2.1 We shall sell and You shall purchase the Goods, and we shall provide the Services to You, in accordance with these Terms & Conditions and any extra terms or conditions stated on Our website.
2.2 All Contracts made by Us and any additions or amendments thereto shall be subject to these Terms & Conditions which shall supersede and shall be taken to override any terms or conditions proposed or stipulated by You.
2.3 We reserve the right to alter these Terms & Conditions from time to time and the alterations will apply to any Orders received after that time.
2.4 Our employees and agents are not authorised to make any representations concerning the Goods or the Services unless confirmed by Us in Writing. In entering into the Contract, You acknowledge that You do not rely on any such representations which are not so confirmed.
3 Special terms relating to groceries
3.1 Orders for groceries shall be subject to these Terms & Conditions with the exception of clauses 4.1, 4.3, 6.1 and 11.1, and shall be subject also to clauses 3.2, 3.3 and 3.4.
3.2 By placing an Order for cigarettes, cigars or tobacco, You are warranting that You are 16 years old or older. We reserve the right to refuse to deliver these goods to You if in Our opinion You look younger than 16.
3.3 We reserve the right to substitute Goods of equivalent characteristics, quality and price to those stated in the Order Acknowlegement. Our drivers will source what, in their opinion, most closely matches Your Order. You will have a reasonable time upon delivery to inspect the Goods delivered and if You wish to reject them You must do so before the driver leaves Your premises, otherwise You will be deemed to have accepted the Goods, although You may reject Goods which are defective and which it was not reasonably possible for You to tell were defective upon delivery, but must reject them within a reasonable time of noticing the defect. This clause is subject to Your rights to cancel the Order given in clauses 4. 6 and 13.
3.4 The price of Goods which are groceries shall be whatever price We are able to find the groceries for as stated on the till receipt Our driver will give You upon delivery of the Goods (and the “Price” where referred to in these Terms & Conditions shall mean this price insofar as the Goods are groceries). You shall not be entitled to reject Goods by reason of their Price unless their Price is more than [50]% higher than the normal market price in the average supermarket at the time of delivery. Any claim based on price must be made within [48] hours of delivery and must be made in Writing and with accompanying evidence.
4 Ordering
4.1 No Order submitted by You shall be deemed to be accepted by Us unless and until confirmed by the Order Acknowledgement.
4.2 Advance orders may be placed at any time but deliveries will only be effected between the hours of 11am – 11pm.
4.3 You shall be responsible to Us for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods or Services to enable Us to perform the Contract.
4.4 The quantity and description of the Goods to be provided by Us to You under the Contract shall be those set out in the Order Acknowledgment.
4.5 If We quote a delivery time in the Order Acknowledgment then that delivery time will apply to the Contract and not any claim to aim to deliver within 60 minutes we may make elsewhere.
4.6 You will not be entitled to cancel the Order once We have requested the restaurant to prepare the food you have chosen. Unless otherwise agreed with You when You place the Order, You may normally cancel the Order provided We receive Your request to cancel the Order within five minutes of Our receiving the Order.
5 Price and Payment
5.1 The price of the Goods shall be the price listed on the menus on Our website at the date of the Order Acknowledgment (the "Price"). Separate prices may apply in relation to dishes or other items not listed on these menus.
5.2 Prices include VAT but exclude delivery for which there is a separate charge as shown on Our website at the date of the Order Acknowledgement (the “Delivery Charge”).
5.3 We guarantee that the Price will not be higher than the standard price, not including discounts or special offers, for the relevant Goods offered by the relevant restaurant at the date of the Order Acknowledgment. Any claim by You that We have breached this clause 5.3 must be received by Us within 48 hours of Your receipt of the Order Acknowledgment and must be accompanied by sufficient evidence of the restaurant’s prices for the relevant Goods at the relevant time.
5.4 We reserve the right, by giving notice in Writing to You at any time before delivery, to increase the Price and/or the Delivery Charge to reflect any increase in the cost to Us which is due to any factor beyond Our reasonable control (such as, without limitation, an increase in the restaurant’s prices), any change in quantities which is requested by You, or any delay caused by any instructions coming from You or failure by You to give Us adequate or correct information or instructions.
5.5 Payment may only be made by one of the methods specified on the checkout or home page of Our website. We will not accept cheques or cash. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
5.6 Payment of the Price will be debited from Your account during the checkout process. If you should cancel the Order within 5 minutes of an Order Acknowledgment we will refund any money taken.
5.7 Where We invoice You, payment of the invoice is due within 28 days and late payment attracts interest at the rate of 1.5% above the base lending rate of HSBC Bank plc. After 60 days, customers whose accounts remain unpaid will have their credit facilities suspended and no further goods will be supplied.
5.8 While We try to ensure that all prices on Our website are accurate, errors may occur. If We discover an error in the price of Goods you have ordered we will inform you as soon as possible.
5.9 If Your card issuer fails to make any payment of the Price or Delivery Charge on Your behalf then, without prejudice to any other right or remedy available to Us, We shall be entitled to cancel the Contract or suspend any further deliveries.
6 Delivery
6.1 Provided we have issued an Order Acknowledgment and have not stated in the Order Acknowledgment that delivery of the Goods requested cannot be made within 60 minutes, we aim to deliver the Goods within 60 minutes of receiving Your Order. Any failure to fulfil this aim, however, shall not entitle You to any remedy provided the Goods are delivered within a reasonable time period.
6.2 Delivery of the Goods shall be made by Us delivering the Goods to You at the address specified by You in the Order.
6.3 If You fail to take delivery of the Goods or fail to give Us adequate delivery instructions then we shall be entitled to retain the Price of the Goods and the Delivery Charge.
7 Our right to substitute Goods
7.1 In the unlikely event that the Goods you have ordered are not available, We will state this on the Order Acknowledgment and request that you accept substitute Goods of equivalent characteristics, quality and price. If You agree to the substitution, either expressly or impliedly by not telling us that You do not accept the substitution, You may not return the Goods once delivered and will be liable for the Price and Delivery Charge.
8 Alcoholic drinks - legal requirements
8.1 By ordering alcohol from Us You are warranting that You are at least 18 years of age. We reserve the right to refuse to deliver alcohol to You, even after the Order Acknowledgment, if We suspect that You are under 18 or are under the influence of drugs or alcohol and We shall not be in breach of contract in doing so.
9 Privacy Policy
9.1 The purpose of this clause is to set out how We will use personal information that We may obtain from and about You. By registering as a user of the services provided by Us and by using Our website generally you agree to the following.
9.1.1 When you register and use Our website You will be asked to provide certain information such as Your contact details. We will store this data securely and confidentially and hold it on computers or otherwise. We will use this data to fulfil Our agreement with You.
9.1.2 We may use the information that You provide or that is obtained by Us for the following purposes.
9.1.2.1 To register You with Our website and to administer the website services.
9.1.2.2 For assessment and analysis (e.g. market, customer and product analysis) to enable Us to review, develop and improve the services which We offer.
9.1.2.3 For the prevention and detection of fraud.
9.1.2.4 To administer any prize draws or competitions You enter.
9.1.3 We may give information about You, under conditions of confidentiality, to the following, who may use it for the same purposes as set out above:
9.1.3.1 to other companies in Our group;
9.1.3.2 to employees and agents of Us or Our group to administer or improve any accounts, products and services provided to You by Us or the group now or in the future;
9.1.3.3 to other organisations for the administration of prize draws or competitions you enter, should you enter any.
9.1.4 We may also disclose Your information:
9.1.4.1 to anyone to whom we transfer or may transfer Our rights and duties under our agreement with You;
9.1.4.2 if we have a duty to do so or if the law allows us to do so.
9.1.5 In order that we can monitor and improve Our website, We may gather certain information about You when You use it, including details of Your domain name and IP address, operating system, browser, version and the website that You visited prior to Our site.
9.1.6 New technologies are emerging on the Internet that help Us to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by Us to provide You with customised information from Our website. A cookie is an element of data that a website can send to Your browser, which may then store it on Your system. Cookies allow Us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of Our website. Cookies also allow Us to make Our website more user friendly by, for example, allowing Us to save Your password so that You do not have to re-enter it every time You visit Our website. We use cookies so that We can give You a better experience when You return to Our website. Most web browsers automatically accept cookies. You do not have to accept cookies, and You should read the information that came with your browser software to see how You can set up Your browser to notify You when You receive a cookie, this will give You the opportunity to decide whether to accept it.
9.1.7 We may supplement the information that You provide to Us with information that We receive from third parties.
9.1.8 We endeavour to take all reasonable steps to protect Your personal information. However, We cannot guarantee the security of any data You disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold Us responsible for any breach of security unless this is due to Our negligence or wilful default.
9.1.9 You have the right to see personal data (as defined in the Data Protection Act) that We keep about you, upon receipt of a written request and payment of a fee. If You are concerned that any of the information We hold on you is incorrect please contact Us.
9.1.10 Please be aware that Our site may link to other websites which may be accessed through Our site. We are not responsible for the data policies or procedures or the content of these linked websites.
9.2 How can I get my name removed from the The Menu Service website mailing list?
9.2.1 If You want to be removed from Our mailing list, or have us delete Your details from our database, please send an email to info@themenuservice.com detailing Your request. Please note that it may take up to 28 days to action your request.
9.3 Contact Us
9.3.1 If You have any comments or queries in connection with Our privacy policy or need to change any of the registered details we hold about You, please contact Us using the contact details available on the website.
10 Risk
10.1 Risk of damage to or loss of the Goods shall pass to You at the time of delivery or, if You wrongfully fail to take delivery of the Goods, the time when We have tendered delivery of the Goods. The ownership of the Goods shall pass to You at the time of the receipt by Us of payment in full of the Price and cost of delivery.
10.2 Until such time as the property in the Goods passes to You (and provided the Goods are still in existence and have not been consumed or resold), We shall be entitled at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith, to enter upon any premises of Yours or any third party where the Goods are stored and repossess the Goods.
11 Insolvency of Customer
11.1 This clause applies if at any time before the ownership of the Goods passes to You one or more of the following events occurs (the "Cancellation Events"):
11.1.1 You make any voluntary arrangement with Your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
11.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of Your property or assets;
11.1.3 You cease, or threaten to cease, to carry on business;
11.1.4 We reasonably apprehend that any of the events mentioned above is about to occur in relation to You and notify You accordingly.
11.2 If this clause applies then, without prejudice to any other right or remedy available to Us, We shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to You. If the Goods have been prepared or delivered but not paid for at the date of the Cancellation Event the Price due in respect of these Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
12 Warranties
12.1 We guarantee 100% satisfaction with the Goods.
12.2 Any claim by You that the Goods are sub-standard, defective or fail to correspond with their description shall be notified to us within thirty minutes of delivery by calling Our Customer Services team on 0113 389 4130. We will collect the goods from you and you must return to us at least 95% of the goods. If You do not notify us of your claim within the time limit as stated above, or do not return to Us 95% or more of the goods, You shall not be entitled to reject the goods and we shall have no liability for the defect or failure.
12.3 Nothing in these Terms and Conditions shall affect Your statutory rights as a consumer.
13 Consumers right to cancel an order for non-perishable Goods not made to their order
13.1 If You are a consumer (as defined in The Consumer Protection (Distance Selling) Regulations 2000), You have the right to cancel Your Order in respect of any unopened bottles of wine or other drinks, or other non-perishable Goods not made to Your order, at any time up to the end of seven working days after You receive these Goods. A working day is any day other than weekends and bank or other public holidays.
13.2 To exercise Your right of cancellation, You must give written notice to Us at the address given on Our website, giving details of the Goods ordered and (where appropriate) their delivery.
13.3 If You exercise your right of cancellation after the Goods have been delivered to You, You will be responsible for returning the Goods to Us at Your own cost. The Goods must be returned to the address shown in section 1 of these terms and conditions, be in their original packaging, be in their original condition, and You must enclose the date of the order and Your name and address with the package. You must ensure that the Goods are not damaged in the meantime or in transit.
13.4 Once You have notified Us that You are cancelling the Contract in respect of these Goods, We will refund or recredit you within 30 days for any sum that has been paid by You or debited from your credit card for these Goods.
13.5 If You do not return the Goods as required, We may charge you a sum not exceeding the direct costs of recovering the Goods.
13.6 This Clause 13 shall not apply to Orders for Goods where such Goods cannot easily be sold to other customers.
14 Exclusion of liability
14.1 Except in respect of death or personal injury caused by Our negligence, or liability for defective products under the Consumer Protection Act 1987, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under an express term, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by Our negligence or that of Our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or performance of the Services (including any delay in supplying or any failure to supply in accordance with the Contract or at all) or the use or resale of the Goods by You, and Our entire liability under or in connection with the Contract shall not exceed the price of the Goods and the Delivery Charge, except as expressly provided in these Terms and Conditions. This clause shall not affect your statutory rights as a consumer.
15 Force Majeure
15.1 We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond Our reasonable control.
16 General
16.1 The Contract shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
16.2 We do not guarantee that Our website will be compatible with Your PC, and we accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from use of Our website.
16.3 You may not make any copy of or download or adapt any part of Our website, other than as necessary for Your personal use of the website.
16.4 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in Writing addressed to that other party at its email address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
16.5 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.6 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
16.7 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements. No change may be made to the Contract except in Writing signed by duly authorised representatives of both parties.
16.8 The fact that these Terms and Conditions are displayed electronically or transmitted via the Internet shall not affect their validity or enforceability.