Terms and Conditions – Eatapas

Introduction

Thank you for accessing our www.eatapas.co.uk website which is operated by Eatapas Ltd., a company incorporated in England and Wales. Please read these terms and conditions carefully before using this website as they contain important information.

By using this website and/or subsequently placing an order through this website or by telephone, you are agreeing to the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.

From time to time we may modify the conditions so please check periodically for changes. To assist you in determining whether the terms and conditions have changed since your most recent order we will display below the date and time when these terms and conditions were most recently updated.

These terms and conditions were last updated on 12th November 2016

1 Purchase contract

1.1  "Eatapas" or "eatapas.co.uk" or "we" or "us" or "our" means Eatapas Ltd., registered with company number 8893658, and registered for VAT purposes with number 184467867. Our registered office is at 56 Tavistock Place, London, WC1H 9RG, United Kingdom. All purchases made on this website are governed by these terms and conditions at any time although the terms and conditions governing any given purchase will be those in effect at the date of your order. If you order products after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase.

1.2  Customers or visitors to this website are referred to as “customers”, “you” or “your”.

1.3  To order from eatapas.co.uk, you must register with us following the instructions on this website, provided that you are at least 18 years old. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details. We will send an email confirmation of your registration.

1.4 Alcoholic Goods can only be purchased by 18 years old customers. If you are under 18, you must not attempt to order Alcoholic Goods through our Website. We will not sell or deliver any Alcoholic Goods to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and agree to provide proof of your age when requested to do so.

1.5  Your submission of an order placed through this website or by telephone amounts to an offer to enter a contract to buy the products from us.

1.6  All orders are subject to acceptance by us. Once you have confirmed your order and payment has been successfully received, we will notify you our order acceptance by email to the email address you have provided to us. At this point the purchase contract will be finalised and we will supply the products to you in accordance with your order and these terms and conditions.

1.7  We will be able to accept orders only from customers whose address is in the United Kingdom.

2 Pricing

2.1  All prices on this website are quoted in £ Sterling and are inclusive of Value Added Tax or any other applicable taxes.

2.2  The prices payable for the products are as set out in this website at the time you confirm your order, except in case of manifest error. If you subsequently amend your order, the prices charged would be those applicable to the amended product(s) at the time that the amended order is confirmed. Please note that as special offers and promotions are generally applicable for a limited period of time, subsequent amendments to your order may mean that certain special offers and promotions are no longer valid.

2.3  The prices of the products displayed on this website are meant as prices per single unit. Any weights, dimensions and capacities given about the products are approximate only.

2.4  The price of any products quoted on this website is exclusive of delivery cost. A delivery charge will be added to all orders totalling less than £60. For all orders placed totalling £60.00 or more, deliveries to mainland UK addresses, namely England, Wales and Scotland, excluding Channel Islands, Scottish Highlands & Islands, Scilly Isles and The Isle of Man, are not subject to a delivery charge, all the times a Saturday delivery is not requested. The details of our delivery charges are set out on the delivery information page in this website

2.5  Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent an order confirmation.

3 Delivery of products

3.1  Deliveries will be made by a third party carrier on our behalf between Tuesday and Friday and between 08:00 am and 06:00 pm. Saturday deliveries can be arranged at an additional cost.

3.2  We take special care to endeavour that deliveries are made as set out on the delivery information page in this website. It is your responsibility to make suitable arrangements to receive your delivery and give appropriate instructions both to us and to the carrier.

3.3  Delivery will be made to your address as stated when you set up an account on this website or update that address. You are allowed to change the delivery address of your parcel, during the check out, in case you need your delivery to be sent to a different address, (e.g. your office or your neighbour). We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

3.4  It is important that your delivery address is accurate, as we cannot accept liability for addresses and postcodes provided incorrectly. If you provide an incorrect address, or incorrect postcode, we do not accept any responsibility for the failure of an order to arrive, for any delays in the delivery of the order, or for any deterioration to the products due to extended transit times.

3.5  We will always try to supply you with the full quantity of products that you have ordered. In the event that the parcel delivered to you is incomplete or include incorrect products, you must notify us promptly. We will promptly and fully refund the price of the products that you have not ordered, of the substitutes that are not acceptable to you, or of the products that you have not received. Our liability in respect of incorrect delivery will be limited to the price of the products not delivered or incorrectly delivered.

3.6  Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.

3.7  We cannot accept cancellations of orders, except in accordance with the cancellation process detailed in Clause 8 below, for delays in the delivery of your parcel that are outside our control e.g. delayed delivery by the third party carrier or delayed delivery because there is no one available at the delivery address to sign for the parcel when delivery is attempted.

3.8  When your parcel is dispatched you will receive an email or an SMS from the carrier with the tracking number of your parcel, and contact information for the carrier. If you don’t’ receive this information please contact us without delay and we will provide you with the information you need to track your parcel. Please contact the carrier directly if your parcel has not been delivered when expected. We might not be aware of delivery problems unless you inform us. If your parcel does not arrive when expected and you do not contact the carrier or inform us to try to resolve the problem with your delivery, your parcel may be returned to us as having been undeliverable. If this happens and you would like us to send your order out again, we will have to charge you for the return delivery cost and re-shipping cost and for the replacement of any perishable or damaged products. Any charges that are incurred by us because your parcel was undeliverable, will be payable by you.

3.9  Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date.

3.10  Unfortunately we are unable to deliver outside the United Kingdom.

4 Delivery of perishable products

4.1  If your order contains products that need to be kept chilled, these products will be packed with suitable ice gel packs. These gel packs will keep your products chilled over the delivery period. However, for orders to be dispatched outside mainland UK, where we cannot offer next-day delivery, we do not recommend to include products that strictly require refrigerated storage. In these cases, please take into account that we will not be liable for any deterioration in those products in transit. Please contact us by telephone on 020 74357052 or email our customer service at youandus@eatapas.co.uk before placing your order containing perishable products to check if your address is suitable for the delivery of those products.

4.2  Especially when your order includes perishable goods it is essential that you provide a delivery address where someone will be available to receive your parcel. We will not accept liability for any subsequent deterioration of perishable products if you are not available to receive your order on the first occasion that delivery is attempted.

5 Payment

5.1  Payment may be made by credit or debit cards and no handling or administration fees will be charged to you.

5.2  We accept card payments through this website with MasterCard, Visa, Visa Electron and Maestro. Please note that we do not accept American Express, Diners Club or any other cards not listed above. All the payment options accepted by us are also listed on this website.

5.3  You agree to compensate us in full against all costs and expenses that we may incur in obtaining payments due from you in the event a failed payment occurs.

5.4  Our payment service provider is PaymentSense, the largest UK and Ireland’s merchant service provider. PaymentSense provides a secure payment gateway, processing payments for thousands of online businesses, including ours. It is PaymentSense utmost priority to ensure that transaction data is handled in a safe and secure way.

5.5  Alternative payment methods such as BACS may be accepted at our discretion, and can be arranged by calling us via the contact details that you can find at the end of these terms and conditions.

6 Availability of Stock

6.1  All products displayed on this website are subject to availability and may be withdrawn from sale at any time. We cannot be held responsible if any products are unavailable due to circumstances beyond our reasonable control.

6.2  We reserve the right to replace one brand of product with another of equal quality.

6.3  We endeavour to keep this website updated. However it may happen that some products are listed as in stock on this website but are unavailable at the time of accepting an order. In this case we will substitute the unavailable product with a similar product of equal or higher value at no additional cost, unless requested not to do so in your order’s delivery instructions. If we are unable to offer a substitute, we will remove the product from your order so that you are not charged or if you have already paid, we will refund you immediately the correspondent price. In case the unavailable product is a major part of your order we will inform you by email and you will be given the chance to choose an alternative product, cancel your order completely, or delay your whole order until the unavailable product is in stock.

7 Customer complaints

7.1  Any Customer complaints should be addressed in writing or by mail to youandus@eatapas.co.uk.

8 Amendment of orders and cancellation rights

8.1  If you change your mind about purchasing our products after you have placed your order, you may still amend or cancel the delivery of your order until it has been passed to our warehouse for packing and dispatch. You still retain the right to cancel your order under the terms of the clauses 8.2, 8.3, 8.4 and 8.5 below if applicable to your order once you have received it.

8.2  In the case of non-perishable products only, you have the right to cancel this contract for those products, provided that you exercise your right within 14 calendar days from the day your order is delivered. This right doesn’t extend to companies or businesses. If you are a company or a business your order cannot be cancelled once sent to our warehouse for packing and dispatch.

8.3  Your right to cancel your order does not apply to perishable food products (i.e. frozen, chilled, fresh or short shelf-life food products), goods that by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. We are unable to process returns or refunds on perishable food items that are just unsuitable or unwanted. Should you wish to cancel your order outside the period set out in clause 8.1 we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.

8.4  You can exercise your right of cancellation by notifying us in writing or by email to our customer service at youandus@eatapas.co.uk. You must ensure that the goods are intact, unopened and in re-saleable condition. We will arrange with you for cancelled non-perishable products to be returned to us, and we will credit your payment card with their price.

8.5  If you wish to cancel your order once dispatched, this is only possible in accordance with the cancellation procedure mentioned above. Refusing delivery of your parcel or failing to make arrangements to accept your parcel so that it is returned to us or held by the carrier is not in accordance with these terms and conditions. Risk of damage or loss to the goods you have ordered passes from us to you when delivery is first attempted whether or not successful.

9 Our Right to Refuse Your Order

9.1  We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if we have insufficient stock to deliver the goods you have ordered, we do not deliver to your area or one or more of the products you ordered was listed at an incorrect price due to a typographical error. If we do refuse your order we will notify you by email and will refund as soon as possible any amount charged.

10 Offers, promotions and vouchers

10.1  From time to time we may propose special offers and promotions not specifically referred to in these terms and conditions. Such special offers and promotions shall be subject, in addition to these terms and conditions, to their specific terms and conditions. By adhering to these special offers and promotions you agree to be bound by such additional terms and conditions.

10.2 We may change the terms of special offers and promotions, or withdraw them altogether, at any time and without prior notice.

10.3 We reserve the right at our complete discretion to propose special offers and promotions only to some specific customers or groups of customers.

10.4 All our vouchers have validity of 3 months after issuance unless specified otherwise. Vouchers cannot be used in conjunction with any other money offer, unless specified otherwise. Vouchers are personal, non-transferrable and cannot be sold to any third party. Vouchers cannot be applied to past orders made with eatapas.co.uk and cannot be backdated or redeemed for cash and only apply to products purchased on the eatapas.co.uk website. Minimum spend required for the usage of vouchers will be indicated on the voucher itself.

11 Quality guarantee

11.1  We are committed to providing you with high quality products and flawless service. All the products we sell are inspected before dispatching. On delivery please check the products included in your parcel carefully and report to us by email at youandus@eatapas.co.uk right away any discontent with your order, quoting your name, order number and details of your complaint. Please enclose photo of breakages and decayed products to help us managing our inefficiency. We will promptly and fully refund the price of any faulty products. This refund only applies if the products are defective not if they are simply not to your taste or not to your liking. We will arrange with you for the products to be returned to us.

12 Warranties and liabilities

12.1  Nothing in these terms and conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited, neither will any of these terms restrict any of your statutory rights as a consumer.

12.2  We will not be deemed to be in breach of contract or of these terms and conditions as a result of any delay or failure in the performance of our obligations due to events beyond our reasonable control including, but not limited to, fire, flood, acts of God, strikes, labour disputes, riots, accidents, disruption to energy supplies, civil unrest, road traffic, acts of terrorism or war.

12.3  Other than as set out in clauses 3.5 and 9.1 our entire liability to you arising out of any contract for the supply and purchase of products will be limited to the purchase price of the Products contained in that contract.

13 Privacy

13.1  This is a secure and protected website with measures in place to protect consumer and transaction data. Payments are made through the PaymentSense payments systems, with payment and card details sent in encrypted format. We are not able to access card payment details.

13.2  We take your privacy very seriously and are committed to providing users with an Internet experience that respects privacy. The personal information that you give us is held with care and security. We do not sell, rent, transfer or disseminate this information to any third party for their marketing purposes unless you agree otherwise. However we need to provide the carrier with your name, delivery address, telephone number and email address so that they will be able to send you all tracking information for your parcel, but this information will only be used to ensure that your order is delivered safely and at your convenience.

13.3  Our Privacy Policy and Cookies Policy can be viewed in full by accessing the following link: PRIVACY POLICY AND COOKIES POLICY

14 Password and Security

14.1  At the time of your registration to use this website you will generate an account and will be asked to create a password. Please keep this password confidential and don’t disclose it or share it with anyone. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities and orders placed with us under your account and password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. In this case you should also change your password immediately through the correspondent section of this website.

14.2  If we have reason to believe that there is likely to be a breach of security or misuse of this website, we may require you to change your password or we may suspend or cancel your account.

15 Website information and product details

15.1  We endeavour to ensure the accuracy of all the information shown on this website. Nevertheless we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information appearing on it.

15.2  The product information we provide may differ from the information provided on the product you receive, so please make reference to the information and warnings given by the manufacturer on the packaging prior to consumption.

15.3  We have no responsibility for content provided by third parties and are merely providing access to such content to you.

15.4  We cannot be held responsible for typographical errors on this website, including but not limited to those regarding price. We reserve the right to make changes to this website including prices, products, ingredients, weights, sizes and terms and conditions without any notice being given.

15.5  If you inform us of any inaccuracies on this website, we will endeavour to correct them as soon as we reasonably can.

15.6  The design of the packaging of products are subject to change without notice from the manufacturer and so may vary from the photographs given on this website. The portrayal of products on this website will also depend upon the characteristics and capabilities of your computer. Natural products will also vary. We cannot therefore guarantee that products will be identical to their representations on this website.

16 Trademark and copyright

16.1  Eatapas is a registered trademark of Eatapas LTD.

16.2  All content included in this website such as materials, logos, texts, photographs, illustrations, and marks is protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. You may not use nor reproduce anything on this website for any purpose without our previous written authorisation.

17 Nuts

17.1  Unless individual products state otherwise it should be assumed that all products are produced in an environment where nuts are present and could possibly be contaminated with nuts.

18 Applicable law

18.1  These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

18.2  Nothing in these terms and conditions limits or excludes your statutory rights as a consumer.

18.3  The English courts will have non–exclusive jurisdiction over any disputes arising under or in relation to these terms and conditions.

Our contact details

If you have any queries about these terms and conditions, or if you have any comments on or about this website, you can contact us:

  • By email to youandus@eatapas.co.uk.
  • By Telephone on 020 74357052.
  • By Post to Eatapas LTD., 56 Tavistock Place, London, WC1H 9RG.