ORIENTAL EXPRESS

Terms and Conditions

 

Thank you for choosing Oriental Express! 

 

These terms and conditions (‘Terms’) set out the terms on which we, Oriental Express UK Limited (‘we’ or ‘ORIENTAL EXPRESS’), provide our services through this website (‘Website’).

 

Please read these Terms carefully before ordering any takeaway food from us, as any orders placed with us on the Website are subject to these Terms and the Oriental Express Privacy & Cookie Policy, which is incorporated into these Terms.

 

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.

 

Contents

 

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

9. Disclaimers

10. Our Liability

11. Termination

12. Communicating With You

13. Force Majeure

14. Severability

15. Entire Agreement

16. No Website

17. Assignment.

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 GB - 638819593

 

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.            DISCLAIMERS

 

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.            TERMINATION

 

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.

 

14.            SEVERABILITY

 

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

remedies.

 

17.             ASSIGNMENT

 

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.