Terms and Conditions

Terms and Conditions

Last updated: November 10, 2020


IMPORTANT LEGAL NOTICE

Your attention is particularly drawn to the disclaimers contained in clause 9 and the limitation of our liability contained in clause 10.

This page sets out the terms and conditions (Site Terms) on which we, Retail Merchant Services Limited (we or our) (see clause 1.1 for our full details) provide access to our Snap Takeaway Website through which you order the product(s) from our merchant customer (the Site).

Please read these Site Terms carefully before ordering any product through the Site. By accessing any part of the Site and by ordering products through the Site (whether now or in the future), you agree to be bound by these Site Terms. Use of the Site is also subject to these Site Terms.

We may change these Site Terms from time to time by changing them on this page. We advise you to save these Site Terms onto your device, and/or print a copy of them, for future reference. These Site Terms are only in the English language.

References to “Site” in these Site Terms includes any current or future version of our Snap Takeaway website including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Site that may be developed from time to time.

TERMS AND CONDITIONS OF USE AND SALE

INTRODUCTION

We are Retail Merchant Services Limited which is a company registered in England & Wales with company number 06079704, whose registered office is at Matrix House, North Fourth Street, Milton Keynes, Buckinghamshire, MK9 1NJ.

Our service provides a way for you to send your orders (an Order or Orders) for one or more products (a Product or Products) that are displayed on this Site to a merchant in the UK (a Merchant). The legal contract for the supply and purchase of Products is between you and the Merchant with whom you place your Order.

By accessing any part of the Site and by ordering Products through the Site, you indicate that you accept these Site Terms. If you don’t accept these Site Terms, you should leave the Site immediately, and you will not be able to order any Products through the Site.

You are responsible for making all arrangements necessary to have access to the Site. You are responsible also for ensuring that all persons who access the Site through your internet connection are aware of these Site Terms, and that they comply with them.

We may revise these Site Terms at any time. You should check regularly the Site to review the current Site Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through the Site.

YOUR STATUS

By placing an Order through the Site, you warrant that you are at least 18 years old and legally capable of entering into binding contract with the Merchant whom you place an Order with.

HOW TO PLACE AN ORDER USING OUR SITE

Once you have selected the Product(s) you wish to order from the Site and provided all other information required, you will be given the opportunity to submit your Order by clicking or selecting the button marked ‘Place My Order’ (or similar). You must check carefully all information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Merchant and (subject to clause 3.2) errors cannot be corrected afterwards.

Once you have submitted your Order and your payment has been authorised, you may not change or cancel your Order, nor will you be entitled to a refund (but see clause 4.1 for details of the process relating to rejected Orders and refunds). Please note that where payment made by you is not authorised by our secure payment gateway partner, your Order will not be processed or communicated to the Merchant. If you wish to change or cancel your Order, you must contact the Merchant by telephone using the Merchant’s contact details as set out on the Site. However there is no guarantee that you will be able to reach the Merchant, or speak to someone at the Merchant, or that the Merchant will agree to your request.

HOW YOUR ORDER IS PROCESSED

On receiving your Order, we will send it to the relevant Merchant. You will then get confirmation that your Order has been received and is being processed. Any confirmation page that you may see on the Site and any Order confirmation that you may receive, each confirms that you have a contract for the sale of Products with a Merchant but does not necessarily mean that your Order will be fulfilled by that Merchant. We do encourage the Merchant to accept all Orders (where it is possible for them to do so) and to communicate promptly any rejection, and we will notify you (generally by email) as soon as reasonably practicable if a Merchant rejects your Order. However, the Merchant will have the ability to reject Orders at any time because they are too busy, due to weather conditions, due to incorrect pricing where they are unable to agree with you an alternative price pursuant to clause 5.2, or for any other reason. Please see your terms and conditions with the Merchant for further information regarding your rights in these situations.

Any orders processed by us through the Site are processed by us in our capacity as commercial agent of the Merchant.

If you have any problems, questions or if you would like to change or cancel your Order. You can contact a Merchant’s customer services team (or equivalent) by calling the telephone number shown on the Site. However please note that there is no guarantee that you will be able to reach the Merchant, or that the Merchant will agree to your request.

PRICE AND PAYMENT

Prices will be as quoted on the Site. These prices include VAT but may exclude delivery costs which (if applicable to your Order) will appear at the point you place your Order.

This Site displays multiple Products and it is possible that some may include incorrect prices. It is the Merchant’s responsibility to ensure that the prices displayed for its Products are correct. By displaying the Merchant’s Products on our Site we make no representation to you that the price for the Products are correct. Any disputes in relation to incorrect pricing must therefore be addressed to the Merchant.

Online payment for Orders will be processed by our secure payment gateway partner (who are a third party provider which offer a secure payment gateway for you to make payments to the Merchant) and must be made by an accepted credit or debit card. In some instances, the Merchant may (at its absolute discretion) permit payment in cash or other means at the point of collection or delivery of the Products to you

PRODUCTS

Our service enables the Merchant to offer their Products for sale to you using the Site. As the contract for the supply and purchase of the Products is with yourself and the Merchant we cannot guarantee that the Products will be fit for purpose without fault and by placing an Order for the Products you acknowledge that we have no control over or liability for the actions or omissions of the Merchant. Should the Merchant fail to provide Products of satisfactory quality or acknowledge your Order you acknowledge that your right of recourse (for both refunds and the return of Products) is directly against the Merchant whose actions may include, but are not limited to, providing a refund for the Products purchased. We would however draw your attention to the information contained in clauses 6.2 and 6.3.

If the Product(s) which you are purchasing from the Merchant are consumable and you have a specific food allergy or intolerance, you must contact the relevant Merchant directly to check that the food is suitable for you, before placing your Order as we cannot guarantee the accuracy of any allergy information on the Site which is provided by the Merchant. We cannot guarantee that any of the Products sold by the Merchant are free of allergens and/or suitable for persons with particular allergies or intolerances. If you have any doubts or queries regarding food allergies and intolerances relating to your Order, you must telephone the Merchant (using the Merchant’s contact details as set out on the Site) prior to placing your order and you should not consume any of the Products before you have done so.

In relation to alcohol, cigarettes and other smoking products:

  • You acknowledge and agree that: it is an offence for: (a) any person under the age of 18 to buy, or attempt to buy, alcohol in the UK; and (b) any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
  • If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. The Merchant reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you, if:
    • you are unable to provide proof that you are aged 18 or over to the satisfaction of the Merchant, or
    • the Merchant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18.

LICENCE

You are permitted to use the Site and print/download extracts from the Site for your own personal non-business use, on the following basis:

  • You are not allowed to use any of the Site’s materials or the Site itself for commercial purposes, without obtaining from us a licence to do so.
  • You will not misuse the Site (including but not limited to by “scraping” or hacking).
  • Unless stated otherwise, all copyright and other intellectual property rights in the Site and materials published on it (including but not limited to photographs and other images) are owned by us and/or our licensors. All rights in them are reserved. Any use of extracts from the Site (otherwise than in accordance with this clause 7.1) is prohibited.
  • You are not permitted to modify digital or paper copies of any materials that you print off in accordance with clause 7.1. You may not use any video or audio sequences, pictures, photographs or any other graphics separately from any accompanying text.
  • You shall ensure that our status as the author of the Site’s materials is acknowledged.

Except as stated in clause 7.1, the Site may not be used, and no part of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service, without our prior written permission.

Any rights not expressly granted in these Site Terms are reserved.

SITE ACCESS

Whilst we seek to ensure the Site is available for 24 hours a day, we have no obligation to do so, and we will not be liable to you if the Site is unavailable at any time or for any period.

We may suspend temporarily access to the Site at any time and without notice.

Transmission of information over the internet is not completely secure. Although we take steps to protect your information as required by law, we cannot guarantee the absolute security of your data transmitted to the Site. Any transmission of information is at your own risk.

Links on the Site to third party websites are provided for your convenience only. By clicking on these links, you will leave the Site. We have not reviewed nor do we control any of these third party websites and we are not responsible for these websites, their availability or content. 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 third party website linked to the Site, you do so at your own risk.

DISCLAIMERS

Whilst we try to ensure that information on the Site is correct, we don’t promise that it is accurate or complete. We may make changes to the material on the Site, or to the functionality, Products and prices described on it, at any time and without notice. The material on the Site may be out of date; we make no commitment to update that material.

When a Merchant signs up with us, they must provide us with up-to-date Product information which we include on the Site. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you must provide this information when placing your Order as well as contacting the Merchant directly before placing your Order.

The legal contract for the supply and purchase of Products is between you and the Merchant. We have no control over the actions or omissions of the Merchant. By using the Site, you acknowledge and accept the following:

  • We do not give any undertaking that the Products ordered through the Site from the Merchant will be of satisfactory quality or suitable for your purposes and we disclaim any such warranties.
  • Estimated times for deliveries and collections are provided by the Merchant and are estimates only. Neither we, nor the Merchant guarantees, that Orders will be delivered, or will be available for collection, within the estimated times.
  • We encourage the Merchant to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as is reasonably practicable if the Merchant rejects your Order. However, we do not guarantee that the Merchant will accept and fulfil all Orders; as the Merchant has the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions, or for any other reason. The Merchant will not be obliged to deliver an Order to an address outside of their agreed delivery area, which may change from time to time.
  • Any allergy information displayed on the Site is the sole responsibility of the Merchant and without prejudice to clause 6.2 you agree that your sole right of recourse for any injury or damage caused is against the Merchant.
  • The disclaimers in this clause 9.3 do not affect your statutory rights against a Merchant.

We provide you with access to and use of the Site 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 Site and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Site and your use of it, or be otherwise implied or incorporated into these Site Terms, by applicable law).

OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Site Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Site Terms before you place an Order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or the failure of our employees, agents or subcontractors, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; or for defective Items under the Consumer Protection Act 1987. Subject to clause 10.1, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Site Terms, or as a result of any IT hardware or software failure other than a failure in our Site.

We have taken every care in the preparation of our Site. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience when using our Site. If we are informed of any inaccuracies on our Site we will attempt to correct them as soon as is reasonably possible. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with use of our Site and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

We have given you assurances in these terms as to the standard to which we will carry out the service of providing your access to the Site and therefore we disclaim and exclude all other warranties (express or implied) that are not included within these terms as to the standard to which the services we are providing in respect of the Site.

Subject to clauses 10.1 to 10.4 , our total liability to you in respect of all other losses arising under or in connection with the Site or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall to the extent that it is legally possible for us to do so, in no circumstances exceed twice the value of your Order or £100.00 (one hundred pounds Sterling), whichever is lower.

TERMINATION

We may terminate or suspend (in our absolute discretion) with immediate effect your right to use the Site by notifying you in writing (including by email) if we believe in our sole discretion that you have:

  • used the Site in breach of clause 7.1;
  • breached any other material terms of these Site Terms.

Upon termination or suspension in accordance with clause 11.1 you must immediately destroy any extracts from the Site which you have downloaded or printed.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site (including ordering Products from the Site), you accept that communication with us will principally be electronic. We will contact you by email or provide you with information by posting notices on the Site. You agree to this electronic means of communication and 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.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or for any delay in the performance of, any of our obligations under these Site Terms that is caused by events outside of our reasonable control (each such event being a Force Majeure Event as defined in clause 13.2).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (but shall not be limited to) the following:

  • strikes, lock-outs or other industrial action;
  • fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster;
  • epidemic or pandemic;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • impossibility of the use of public or private telecommunications networks;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these Site 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 such period. We will use our reasonable commercial endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Site Terms may be performed despite the Force Majeure Event.

ADDITIONAL TERMS

We will only use your personal information as set out in our Privacy Notice which can be located at https://snaptakeaway.co.uk/privacy-policy.html.

Each of the paragraphs of these Site Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Site Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

We may transfer our rights and obligations under these Site Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Site Terms to another person if we agree to this in writing.

These Site Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all discussions, negotiations, correspondence, previous arrangements, understandings or agreements between us relating to the subject matter of any contract.

The headings in these Site Terms are included for convenience only and shall not affect their interpretation.

These Site Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.