TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which our company (“The Company“) supplies products to you, whether by phone, via our websites (www.flamessmokehouse.co.uk and www. flamessmokehouse.com) and via any mobile, tablet or other applications (our “Sites“).
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
These terms will also apply to any orders you place by telephone.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact Flames Smoke House using our email address, email@example.com before you place an order.
We reserve the right to deny access to this website, our delivery service, or any service we provide via this website, to anyone who violates this agreement, is abusive to our staff, causes us loss of income by any means, or anyone who, in our judgment, interferes with the ability of others to use this website, or infringes the rights of others.
INFORMATION ABOUT US
Our Sites are operated by Flames Smoke House Ltd (“we“, “our” or “us“). We are registered in England and Wales under company number 09809528 at 38 Averill Street, Manchester, England. M40 1PF. You can contact us using our email address, firstname.lastname@example.org.
The legal contract in relation to your order is between you and Flames Smoke House Ltd. Your order is subject to these terms and conditions.
Subject to your acceptance of our prices and delivery fees, we offer a delivery service to certain prescribed areas of the UK, to ensure that products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have products delivered to your door.
We do not accept orders from individuals to a country in which we do not deliver.
For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
In line with our fraud protection procedures you must provide a valid name, address, email address and contact telephone number which may be verified before your order is progressed.
Orders submitted that do not contain this information in a useable format (ie, active telephone number or valid email address on which you can be contacted at the time of order), which can be verified prior to delivery do not constitute an agreement to provide the services requested.
If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted. Your contract with Us is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order.
In the event we decide for any reason not to accept your order, we will contact you using the telephone numbers/e-mail address you provided when placing the order, or registering your details when placing a previous order.
If you order using an account made on our Sites, you are responsible for ensuring that your ‘saved order’ details are up to date, along with your payment card information.
Please check your order thoroughly before accepting it, as it is difficult to rectify mistakes later.
We provide a quality service. Any complaints should be made directly to us via telephone on 07429 524063 or by using our email address, email@example.com.
ALLERGENS AND CONCERNS
If you have a food allergy or intolerance, or someone you are ordering for has, IT IS EXTREMELY IMPORTANT that you contact the restaurant on 07429 524063 to check wether your chosen food is suitable, before placing your order. If you’re unable to contact the restaurant, we recommend not placing or cancelling your order.
Please be aware that our Smoked Chicken is shredded by hand. Whilst every care has been taken to remove them, some small bones may remain within certain boneless products.
AVAILABILITY AND DELIVERY
We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors such as the weather and traffic conditions, etc may occasionally prevent us from achieving this.
We will do our best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.
If your order is for delivery and you have requested delivery ‘asap’, We will do their best to fulfil your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances facing us at the time. We aim to dispatch and deliver orders as soon as is humanly possible.
Please allow 60 minutes for normal ‘asap’ delivery times. At peak times (or where larger orders that require longer preparation), or during extraordinarily busy periods delivery may take longer.
During busy periods, we may not be able to fulfil orders for delivery within the 60 minute time-frame.
If this is the case, we will notify you of this using the telephone numbers provided at the time of ordering, we will make every effort to deliver as soon as is humanly possible. Advance orders however may be taken for delivery during opening hours.
Please understand that delays and/or longer delivery times resulting from the scenarios described are outside of our control, and we always aim to get your order delivered as soon as humanly possible.
We cannot bring forward or prioritise your order over other orders, as that would be unfair to other customers.
You will be contacted on the number provided when ordering if we cannot deliver with the timescale. Deliveries are undertaken by Us or self-employed and employed agents of the the Company.
Due to health and safety reasons, we DO NOT permit our drivers to open/check packaging to confirm items or content. If there are any issues with the items you receive, please contact us immediately via telephone on 07429 524063 or by using our email address, firstname.lastname@example.org.
You have the right to cancel an order by telephoning us on 07429 524063 up until the time at which the food has been prepared in respect of your order.
If you wish to cancel an order after food has been prepared, you may, at the Our sole discretion, be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that the We need to cancel your order after it has been accepted, we will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for any orders We cancel. Any payment made prior to an order being cancelled by Us will typically be reimbursed using the same method originally used by you to pay for your purchase.
We do NOT accept order cancellations by text message / messages via our website, Facebook or Twitter and/our email address – please call 07429 524063.
PRICE AND PAYMENT
Prices are as quoted on our menus and Sites and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT where applicable. Prices are set by each Area and will vary between stores. Our decisions in relation to pricing are final and binding. All products are supplied subject to availability.
The prices of items listed on our Sites are the prices we charge in force on the date and at the time which we receive/process your order. We make every effort to ensure that the prices on our Sites are accurate and up-to-date.
Nevertheless, as our Sites contain a large number of products it is always possible that, despite our best efforts, some of the items on our Sites may be incorrectly priced. We are under no obligation to provide or deliver to you at an incorrect lower price quoted on our Sites. We will inform you if this is the case, and you can choose to cancel the order at that point.
For concerns regarding nut allergies or any other form of food allergy, we strongly advise customers research the contents and ingredients before placing the order.
We accept payment via debit/credit card or cash. When placing an order via our website, you will be shown the amount being added for delivery at checkout and before placing your order.
We do not accept cheques for any transactions.
If We fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
However, We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you or us at the time of your purchase.
We only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit our liability for:
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites. For contractual purposes, you agree to 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.
If you wish to contact us at any time, you should contact us via telephone on 07429 524063 or by using our email address, email@example.com.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
We operate a zero violence tolerance policy, and will not accept any verbal or physical abuse to our staff or drivers.
Any such incidents will be reported to the police and will be prosecuted to the maximum extent of the law
We reserve the right not to deliver:
– Outside our operating / delivery times
– Outside our delivery zone
– In dangerous weather / driving conditions
– To customers we deem to have been rude to any of our staff, or customers who we deem to be a risk (i.e. non-payers, abusive, etc).
– To customers in public establishments, where that establishment is not a registered delivery address, or where we feel our delivery would conflict with, compromise or affect the operations of that establishment
– To a registered banned customer or addresses
If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or delay in doing so, that will not mean that We have waived our rights against you or that you do not have to comply with those obligations. If We waive a default by you, this will only be done in writing, and will not mean that We will automatically waive any later default by you.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and Us, whether oral or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
THIRD PARTY RIGHTS
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Copyright © 2019 Flames Smoke House Ltd.
Last updated 1st July 2019
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