Please read these Terms carefully before ordering any Meals (as defined below) through the Application as your purchase of any Meals offered on the Application is subject to these Terms. By ordering products via the Application, you agree to be bound by these Terms. Please note that before placing an Order (as defined below) you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order from the Application.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Meals, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29 May 2015 when we changed clause 1.1.
These Terms are only in the English language.
1. INFORMATION ABOUT US
1.1 We are Supper at Home Limited, a company registered in England and Wales under company number 09090283 and with our registered office at Thavies Inn House, 3-4 Holborn Circus, London EC1N 2HA. Our VAT number is 203842239.
1.2 We provide a way for you to communicate your orders (Orders) for meals and beverages chosen on the menu on the Application (Meals) to be prepared by chefs who are displayed on the Application and delivered to the location specified by you (Service).
2. YOUR STATUS
2.1 By creating an account and placing an Order through the Application, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.2 You acknowledge and agree that pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. Orders containing alcohol can therefore not be accepted from or on behalf of persons under the age of 18.
3. USE OF THE APPLICATION
Your use of the Application is governed by our End User Licence Agreement. Please take the time to read this, as it includes important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED
5.1 The Application will guide you through the steps you need to take to place an Order with us. You may only place an Order through the Application following registration of an account.
5.2 Once you have selected the Meals you wish to order from the menus shown in the Application and provided all information which is required to complete your Order, you will be given the opportunity to submit your Order by clicking the relevant button. The order process allows you to check and amend any errors before submitting your Order to us. It is important to take the time to read and check your order at each page of the order process as once it is submitted, we will start processing your Order and it will not be possible to correct errors.
5.3 After you place an Order, we will begin processing it by sending it to the relevant chef. You will receive a notification from us via the Application, acknowledging that we have received your order. However, please note that this does not mean that your Order has been accepted by the chef. Acceptance of your Order will take place as described in clause 5.4.
5.4 Your Order shall only be considered accepted when you receive a further notification from us via the Application which confirms that the chef has received and accepted your Order, and a delivery driver has been arranged within your requested time slot. A contract between you, the customer, and the chef will be formed upon such acceptance. We encourage all chefs to accept all Orders and to communicate any rejection promptly. However, the chefs may choose to reject an Order for any reason such as being too busy. We will notify you as soon as reasonably practical if your Order is rejected. Should we be unable to arrange a delivery driver within your requested time slot, we shall inform you via the Application. You may choose an alternative time slot. No contract shall be formed until we have confirmed acceptance of the revised delivery time slot.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your Order will apply.
7. AMENDING OR CANCELLING YOUR ORDER
7.1 Once you have submitted your Order and your payment has been authorised, you shall not be entitled to cancel or amend your Order.
7.2 You have the right to amend or cancel your Order until such time that the Order is submitted to the Chef and a delivery slot has been arranged, as confirmed via the Application. In these circumstances, you may cancel or amend the Order via the Application.
7.3 If you wish to amend or cancel your Order after the Order has been submitted to the chef you may contact us via the Application and we will attempt to contact the chef to communicate such amendment or cancellation. However, we do not guarantee to be able to contact the chef or that the chef will be in a position to meet your request Should you choose to cancel your Order in any event, we may, in our sole discretion, charge you a cancellation fee which represents 50% of the Order.
7.4 If your Order is rejected by the chef, or cancelled by us or the chef for any other reason, you will not be charged for the Order. You will receive a notification via the Application to confirm such rejection or cancellation.
8.1 Estimated times for deliveries are only estimates. Neither we, nor the chefs, guarantee that the Orders will be delivered within the estimated time. However, we will inform you as soon as reasonably practicable if we become aware of an unexpected delay.
8.2 We shall not be liable to you for any problems or delays in the delivery of your Order as a result of you submitting incorrect personal details.
9. PRICE AND PAYMENT
9.1 The prices of the Meals will be as quoted on the Application at the time you submit your Order. We take all reasonable care to ensure that the prices of the Meals are correct at the time when the relevant information was entered onto the Application.
9.2 Prices for the Meals may change from time to time, but changes will not affect any Order you have already placed.
9.3 The price of the Meals includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
9.4 Unless indicated otherwise, the price of the Meals includes delivery charges.
10. HOW TO PAY
10.1 You can only pay for Orders using a debit card or credit card via the Application. The transaction shall be processed by us as an authorised agent of the chef.
10.2 Payment for the Meals and all applicable delivery charges shall be taken when we received confirmation from the delivery driver that your Order has been delivered. Where your payment is not authorised, we will notify you and request alternative payment details.
11.1 If you are not satisfied with the quality of the Meals and you wish to seek a refund, a proportionate price reduction or any other compensation, please contact us via the Application within 48 hours of receiving your Order, to lodge a complaint. It is our responsibility to acknowledge this and we take on full responsibility for refunds and other methods of compensation.
11.2 In the event that we are prepared to issue you with a refund, a proportionate price reduction, or any other compensation, we shall release the relevant amount to the balance of the credit or debit card used to pay for the Order. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant chef will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account
12. USE OF THE APPLICATION
12.1 The Application is made available free of charge.
12.2 We do not guarantee that the Application, or any content on it, will always be available or be uninterrupted or that any content on it, will be free from errors or omissions.
12.3 Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
12.4 You are responsible for making all arrangements necessary for you to have access to the Application.
13. INTELLECTUAL PROPERTY
13.1 Unless otherwise stated, the copyright and other intellectual property rights in the Application and in the material published on it (including without limitations, photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any page(s) from our Application for your personal use.
13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
13.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.1 We try to accurately provide descriptions, prices and allergenic warnings and other information in respect of the Meals. However, this information is provided by the chef and we do not undertake any such responsibility. If you are in doubt about allergy warnings, the contents of a dish or any other information, please contact us via the Application so that we can confirm with the chef before ordering.
14.2 The legal contract for the supply and purchase of the Meals is between you and the chef who you place an Order with. We have no control over the acts or omissions of the chefs. You acknowledge and accept the following by using the Application:
(a) We do not give any undertaking that the Meals ordered from any chef through the Application will be of satisfactory quality or suitable for your purpose and we disclaim such warranties;
(b) We do not give any undertaking that the Meals will be free from any allergens and we disclaim such warranties;
(c) Estimated times for deliveries [and collections] are only estimates. Neither we nor the chefs guarantee that the Orders will be delivered [or will be available for collection] within the estimated times;
(d) We do not guarantee that the chefs will accept all Orders and the chefs have the discretion to reject Orders at any time; and
(e) The aforementioned disclaimers do not affect your statutory rights against any chef.
14.3 We do not give any representation, warranties or undertakings in relation to the Application and the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
15. OUR LIABILITY
15.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which may not be excluded or limited by law.
15.2 Subject to clause 15.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Application or Service (including the use, inability to use the Application) for:
(a) use of, or inability to use, the Application;
(b) use of or reliance on any content displayed on the Application;
(c) any loss of profits, sales, business, or revenue;
(d) loss or corruption of data, information or software;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of goodwill; or
(h) any indirect or consequential loss.
15.3 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Application and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order.
16. CONTACTING US
16.1 We will try and assist you wherever possible if you have any problems with your Order or the Service. You can contact us by via the Application, using the contact form at www.supper.co.uk or by email at firstname.lastname@example.org.
16.2 If your Order is taking longer than expected or you have any other problems with your Order, you can contact us as described in clause 16.1 and we will contact the chef and/or delivery drivers in order to follow up on your query.
17. COMMUNICATIONS BETWEEN US
17.1 When using the Application or submitting Orders via the Application, you acknowledge that communication with us will be mainly electronic. We will contract you by email or provide you with information by posting notices on the Application.
18.1 We reserve the right to decline any new registration, terminate your right to use the Application with immediate effect, remove you as a user of the Application and/or suspend your use of the Application, if we believe in our sole discretion that you have breached any of these Terms.
18.2 Upon termination or suspension in accordance with clause 18.1 you must ceasing using the Application immediately.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of public or private telecommunications networks.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will use our reasonable endeavours to bring any Event Outside Our Control to an end or find a solution to enable us to perform our obligations under these Terms.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
20.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
20.4 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
20.5 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
20.6 Payment processing services for customers and chefs on the Supper platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an app user on the Supper platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Supper, enabling payment processing services through Stripe, you agree to provide Supper accurate and complete information about yourself and you authorize Supper to share it and transaction information related to your use of the payment processing services provided by Stripe.