Terms and Conditions
Thank you for choosing Oriental Express!
These terms and conditions (‘Terms’) set out the terms on which we, (‘we’ or ‘ORIENTAL EXPRESS’), provide our services through this website (‘Website’).
By using this Website and by ordering via the Website (whether now or in the future), you agree to be bound by these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order through the Website.
We reserve the right to change these Website Terms from time-to-time, in which case we will update this page, so please check back here from time-to-time.
1. About Us.
2. Formation of Contract
3. Website Access
4. Ordering and Delivery
5. Prices and Payment
6. Contacting Us
7. User Licence.
8. Third Party Links
10. Our Liability
12. Communicating With You
13. Force Majeure
15. Entire Agreement
16. No Website
18. Governing Law & Jurisdiction
1. ABOUT US
1.1. The contracting party is ORIENTAL EXPRESS UK LIMITED. We are a company registered in England and Wales with registered company number 04049819, whose registered office is at Aeroworks, 5 Adair Street, Manchester, England, M1 2NQ.
1.2. VAT number: Our VAT number is [<
1.3. We provide a Website for you to communicate to us your orders ("Orders") for takeaway food ("Food") we prepare for delivery to your home or other location (our ‘Service’).
2. FORMATION OF CONTRACT
2.1. A contract is formed between us when we accept your Order in accordance with clause 4 below.
2.2. By placing an Order through the Website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
2.3. Food and Services purchased from this Website are intended for your use only and you warrant that any Food purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
2.4. Please note that some of our Food may be suitable for certain age ranges only. You should check that what you are ordering is suitable for the intended recipient.
3. WEBSITE ACCESS
3.1. You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
3.2. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
3.3. While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
3.4. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
3.5. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
4. ORDERING AND DELIVERY
4.1. Once you have selected the Foods you wish to order from the menu and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
4.2. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact us and we will attempt to change or cancel your Order, however, there is no guarantee that we will be able to do so as we may have already started processing your Order.
4.3. If any payment you make is not authorised, your Order will not be processed.
4.4. On receipt of your Order, we will begin processing it and notify you by e-mail that your Order has been received and is being processed. This Order confirmation is your record of the products ordered and paid for. If someone else submitted the Order on your behalf, you agree that such person acted as your agent. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by us. The fact that you may receive an automatic confirmation does not necessarily mean that we will be able to fulfil your Order. Once we have sent the confirmation email we will check availability and delivery capacity.
4.5. We will endeavour to communicate any rejection promptly, and we will notify you (generally by e-mail) as soon as reasonably practicable if we decide to reject your Order. At all times we reserve the discretion to reject Orders for any reason or no reason. In particular (and without limiting our right to reject and cancel Orders for any or no reason as aforementioned), we may decline to accept Orders during busy periods for our takeaway outlets.
4.6. Side orders are subject to availability. In most cases, your manager will offer an alternative for any out-of-stock item. Minimum order value applies, and you will be notified when you reach the basket if your order is below the minimum value.
4.7. Should you wish to collect your Order, you should arrive at the relevant outlet at the time you have selected to collect your Order. Please make yourself known to one of our team and tell them the name under which you’ve placed the Order. You might be asked to show our team proof of your identity. We will endeavour to have your Order ready for you to collect. If your order contains chips, we will only start cooking these when you have arrived and made yourself known to our team to make sure that these are as fresh as possible for you to enjoy.
4.8. Times given for deliveries and collections are only estimates. We do not guarantee that Orders will be delivered or will be available for collection within the estimated times. That said, our goal is to provide the best food delivery service possible, which includes an excellent reputation for on-time delivery, and we will endeavour to deliver 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.
4.9. In case of a late delivery, the delivery charge (if any) will neither be voided nor refunded and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.10. Due to licensing laws, we are unable to accept orders for either delivery or collection less than twenty (20) minutes before the stated closing time. 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 contact us.
4.11. Remember that it is your responsibility to enter the delivery address correctly and in full to ensure our courier may locate the correct property for delivery. Failure to deliver due to incorrect address details will result in additional delivery charges. In the case of addresses that are irregular or difficult to locate, it is the responsibility of the customer to clearly mark special delivery instructions in the box required. Failure to do so may result in a delayed delivery, or the order being cancelled.
4.12. If you fail to accept delivery of Food, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
4.13. You must ensure that delivery can be made to the address during the selected window, and that at the time of delivery adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
4.14. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
5. PRICES AND PAYMENT
5.1. Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge we may decide to impose from time-to-time. These will be added to the total amount due, where applicable.
5.2. It is possible that our menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, we are under no obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment for Orders must be made using our online payment provider through the Website when placing your Order. We may, in our absolute discretion, decide to allow payment by cash on delivery. If so, you should always ensure you have the correct change for payment to our delivery agent.
5.4. A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by ORIENTAL EXPRESS, and you pay for any balance via our online payment provider. Vouchers are not redeemable for cash. Vouchers must be applied no later than the deadline specified on the Voucher by entering the relevant voucher code, and will expire if not applied by this date. Vouchers may only be used once and no credit will be available where the Voucher is more than the Order value.
5.5. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6. CONTACTING US
6.1. We will try to assist you where possible. If you have any problems with your Order or in the unlikely event you are in any way dissatisfied with your Food or our service, you can contact us using the details on our Contact page.
6.2. You can also let us know about your experience with us by posting a review on the Website. We value your feedback. We do reserve the right to remove or (without altering the substantial content) edit such reviews, as we see fit.
7. USER LICENCES
7.1. You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. you must not misuse the Website (including by hacking or "scraping");
7.1.2. unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with this clause 7.1 is prohibited;
7.1.3. you must not modify the digital or paper copies of any materials that you print-off, and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text;
7.1.4. you must ensure that our status as the author of the material on the Website is always acknowledged; and,
7.1.5. you are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Except as stated in clause 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Any rights not expressly granted in these Terms are reserved.
8. THIRD PARTY LINKS
8.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.2. Linking permission: You may link to the Website's homepage, provided that:
8.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
8.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
8.2.3. any website from which you link must comply with the content standards set out in these Terms;
8.2.4. we have the right to withdraw linking permission at any time and for any reason.
9.1. While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Foods and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
9.2. We try to accurately publish item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from our menus. However, we do not warrant that the Menu Information is factually accurate and up-to-date. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should contact Contact Us.
9.3. Although every care is taken, some Foods may contain nuts. The desserts and ice cream sold by us may contain nut derivatives. Although great care has been taken to remove all bones from chicken and meat, some may remain.
9.4. We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
10. OUR LIABILITY
10.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.2. Subject to clause 10.1 above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
10.2.1. any loss of profits, sales, business, or revenue;
10.2.2. loss or corruption of data, information or software;
10.2.3. loss of business opportunity;
10.2.4. loss of anticipated savings;
10.2.5. loss of goodwill; or
10.2.6. any indirect or consequential loss.
10.3. Our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or the sum of ONE HUNDRED POUNDS (£100), whichever is lower.
10.4. You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
11.1. We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have materially breached these Terms.
11.2. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
12. COMMUNCIATING WITH YOU
12.1. Some of the information or communications we send to you is required to be in writing. When using the Website or ordering Foods via the Website, 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 the Website.
12.2. 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.
13. FORCE MAJEURE
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks; and
13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
13.3. Our performance under these Website Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
If any of these Terms 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.
15. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the
whole agreement between you and us and supersede all previous discussions,
correspondence, negotiations, previous arrangement, understanding or agreement
between us relating to the subject matter of any contract.
16. NO WAIVER
Any failure or delay by you or us in enforcing (in whole or in part) any provision of
these Terms will not be interpreted as a waiver of your or our rights or
You may not transfer any of your rights or obligations under these Terms
without our prior written consent. We may transfer any of our rights or obligations
under these Terms without your prior written consent to any of our affiliates
or any business that we enter into a joint venture with, purchase or are sold to.
18. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
We respect your privacy and are committed to protecting your data.
By visiting and/or using the Service on the Website, you agree and consent to the collection, use and transfer of your information as set out in this Policy.
1. WHAT WE COLLECT FROM YOU
1.1. When you visit the Website or use the Service to complete an Order from us, you may be asked to provide information about yourself including
1.1.2. date of birth;
1.1.4. job title;
1.1.6. contact information such as email addresses and telephone numbers;
1.1.7. demographic information such as post code, preferences and interests;
1.1.8. financial information such as credit / debit card numbers;
1.1.9. IP address (automatically collected);
1.1.10. web browser type and version (automatically collected);
1.1.11. operating system (automatically collected); and,
1.1.12. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected).
1.2. We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us.
2. HOW WE USE YOUR INFORMATION
2.1. Your information will enable us to provide you with access to the relevant parts of the Website and to supply the Service. It will also enable us to process your payments and to contact you where necessary concerning the Service. For example, we may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future, you may have the ability to express your preferences around the use of your data as set out in this Policy.
2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
2.3. You agree that:
2.3.1. we may use your information to let you know about our other Foods and services that may be of interest to you, including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
2.3.2. we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us operate this Website and analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
2.4. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by contacting us at email@example.com
2.5. Please note that by submitting Reviews regarding the Website or our Service, you consent to us to use such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the geographic area in which you reside (and any other information that you may from time-to-time consent to us disclosing).
3. DISCLOSURE OF YOUR INFORMATION
3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside the European Economic Area, and may be accessed by or given to our staff working outside the United Kingdom and third parties, including companies within the same group, who act for us for the purposes set out in this Policy or for other purposes notified to you from time to time in this policy. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this Policy.
3.2. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
3.3. We may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by contacting us.
3.4. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Terms and any other agreement; or to protect our rights or the rights of third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1. We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
4.2. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
4.3. The transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. ACCESSING AND UPDATING
5.1. You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us.
5.2. In the event that you make an Access Request, we reserve the right to
charge a fee of up to fifty pounds (£50.00) to meet our costs in providing you with details of the information we hold about you.
6. CHANGES OF BUSINESS OWNERSHIP AND CONTROL
6.1 We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Oriental Express. Data provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the data for the purposes for which it was originally supplied to us.
6.2 In the event that any data submitted by users is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
7.2 By using this Website you may receive certain third party Cookies on your computer. Third party cookies are those placed by websites and/or parties other than Oriental Express. These cookies are not integral to the services provided by the Website.
7.3 All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
7.4. Certain features of the Website depend upon Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies. You may still block these cookies by changing your internet browser’s settings as detailed below.
7.5. You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
7.6. You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
7.7. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
8. CHANGES TO THIS POLICY
Any changes to this Policy will be posted to the Website, so please check back here from time-to-time for updates.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Oriental Express UK Limited, and sending to firstname.lastname@example.org