Terms & Conditions
Terms and Conditions of Dinnr Ltd.
Last updated: 2 January 2014
This page (together with the documents referred to on it) tells You the terms and conditions on which We will supply to You the Products listed on our Website www.dinnr.co.uk via our delivery services (Services). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products, You agree to be bound by these terms and conditions.
It is recommended that You print a copy of these terms and conditions for future reference.
Please understand that if You refuse to accept these terms and conditions, You will not be able to order any Products from our site.
1.1. “You”, “Your” or “Customer”: (belonging to) the person who purchases a product from Dinnr Ltd
1.2. “We, Us, Dinnr”: Dinnr Ltd, a company registered in the UK, Companies House registration number 8133569. Address - 145-157 St. John Street, London EC1V 4PY. Email - firstname.lastname@example.org. Phone - 020 7193 4528
1.3. “Contract”: the contract between You and Us for the sale of Products incorporating these Terms and Conditions
1.4. “Product(s)”: the Dinnr Products and Forknado Products which You agree to buy from Us as specified in the Order Confirmation
1.5. “Order Confirmation”: The document describing the Products to be provided by Dinnr, as confirmed by email to You after You have completed the checkout process on our Website
1.6. “T&Cs”: These Terms and Conditions and any special terms and conditions agreed in writing by Dinnr from time to time
1.7. “Website”: www.dinnr.co.uk
1.8. “App”: our iOS and Android application “Dinnr”
1.9. “Service”: The entire scope of our services to You: Your perusal of Our Website / App, You placing an order, Us delivering the Product to You and You using the interactive cooking instructions on our App
1.10. “Serviced Area”: the geographic area We deliver Products to, as updated in the section “Where We deliver” on our Website and App from time to time.
1.11. “Acceptance Confirmation”: An email We send to You that confirms that the Product will be dispatched at the time specified. The contract between us (Contract) will only be formed when We send You the Acceptance Confirmation.
1.12. "Forknado Product": Any product available on www.dinnr.co.uk/forknado. Special provisions apply for this product.
1.13. "Dinnr Product": All other products available on www.dinnr.co.uk that are not Forknado Products.
2. SERVICE AVAILABILITY
2.1. Purchasing through our Website and App is only intended for use by people who request delivery in the areas listed on our Website and App under the section “Where We deliver” which is updated from time to time. We do not accept orders from customers who wish to have the Product delivered to an address outside this area.
2.2. Our recipe section is available through the App to all our users for their personal and non-commercial use. If you access our recipes from locations outside the United Kingdom, you are responsible for compliance with all applicable laws.
2.3. Use of Dinnr.co.uk - You acknowledge that you must not use this Website for any purpose other than personal and non-commercial use. You must not reproduce, distribute, publish, sell or otherwise use any information from Dinnr.co.uk for any purpose other than those expressly permitted in these T&Cs.
2.4. We only sell Products on this website to You and they should not, in any way, be resold without our written consent.
3. YOUR STATUS
By placing an order through our Website / our App, You warrant that:
3.1. You are legally capable of entering into binding contracts;
3.2. You are at least 18 years old;
3.3. You are able to receive delivery in the Serviced Area; and
3.4. You are accessing our Website / our App from the country where the Serviced Area is located.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order on our Website or App, You will receive an email from us acknowledging that We have received Your order (Order Confirmation). Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us, and we will confirm such acceptance to You by sending You an email that confirms that the Product will be dispatched at the time specified (Acceptance Confirmation). The contract between us (Contract) will only be formed when We send You the Acceptance Confirmation.
4.2. The Contract will relate only to those Products whose dispatch We have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of Your order until the dispatch of such Products has been confirmed in a separate Acceptance Confirmation.
4.3. In the case of a Forknado Product, the Order Confirmation and Acceptance Confirmation are merged into one email and a binding contract is entered into once We send an Order/Acceptance Confirmation email to You.
5. VOUCHERS AND GIFT CARDS
5.1. We may offer discount promotions and other types of voucher (Voucher) from time to time, whether or not for consideration, which require activation on our Website or App in order for the holder claim the discount or Voucher and to commence delivery of Products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
5.2. A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
5.4. Vouchers may only be redeemed through our Site or our App and not through any other Website, app or other method of communication. To use Your Voucher, You will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm Your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5. Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates if and when We decide to charge delivery charges separately.
5(a). DINNR MEMBERSHIP
5(a).1. You may register as a member (“Dinnr Member”) via Our website.
5(a).2. Once we have confirmed to You your status as a Dinnr Member, membership entitles you to a 10% discount on all orders and delivery charges (if applicable) from the Dinnr website (the “Membership Discount”). For the avoidance of doubt, this discount only applies to Dinnr Products and not to Forknado Products.
5(a).3. Dinnr Members may select one or more weekly delivery slots and state dietary preferences and We will deliver suitable Dinnr Products to You. If no suitable Dinnr Products are available, we will notify you by email.
5(a).4. Dinnr Members will also receive the discount specified in 5(a).3 for any further orders made outside of the weekly order specified
5(a).5. A subscription fee of £5 will be charged to your registered credit or debit card once per calendar month (the “Subscription Period”).The Subscription Fee will be charged on the same calendar day per month or closest if it is not possible to charge the Subscription Fee on the date of the Subscription Period.
5(a).6. You may cancel Dinnr Membership at any time and your Membership Discount will continue to apply for any remaining time in the Subscription Period. As an illustration, if your Subscription Period runs from the 1st - 31st January and you cancel on the 16th January, your Membership Discount will continue to apply until the 31st January.
5(a).7. We reserve the right to amend, cancel or refuse membership at our complete discretion.
5(b). RECIPE LIBRARY
5(b).1 You may submit personal recipes to our website for inclusion in our recipe library (“User Recipes”)
5(b).2 By uploading a User Recipe you grant us a perpetual license to use your recipe for any commercial purpose we deem fit, provided that at all times we credit You as the author of the User Recipe. You may, remove a User Recipe at any time, provided it has not been adopted by Us in accordance with 5(b).4 below.
5(b).3. You will not be entitled to any consideration for our use of a User Recipe described in 5(b).2, except as provided below in 5(b).4.
5(b).4. We may, from time to time and in our absolute discretion, decide to adopt User Recipes as Dinnr Products. If we adopt Your User Recipe, You will be given a voucher for Dinnr Products. Any further consideration is at our absolute discretion.
5(b).5. By uploading a recipe, you confirm that such an upload does not constitute any breach of copyright or infringement of any rights held by any other person, whether legal or natural, and you absolve and indemnify us of any liability that might arise from any such infringement.
6. CONSUMER RIGHTS
6.1. If You are contracting as a consumer, You may change or cancel a Contract at any time before 9am of the day of delivery. In this case, You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). You may cancel a Forknado Product up until 4 hours before the start of the delivery slot you have booked.
6.2. Any cancellations outside the time limits described in 6.1 are at Our discretion.
6.3. To change or cancel a Contract, You need to email email@example.com with "change" or “cancel” in the subject line and the order number in the body of the email.
6.4. Details of Your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation (Order/Acceptance Confirmation for Forknado Products). This provision does not affect Your other statutory rights as a consumer.
6.5. For the avoidance of doubt, "change" in clause 6.1 encompasses alterations in any aspect of the order (e.g. number of portions, type of dish, delivery time etc.)
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date and time set out in the Acceptance Confirmation (Order/Acceptance Confirmation for Forknado Products) unless there are exceptional circumstances.
8.1. It is Your responsibility to be available for receipt of the product during the entire slot you booked for delivery receipt. You can assign a substitute to receive the order in your name.
8.2. We will undertake all reasonable effort to contact You at the time of delivery to deliver the product. If We cannot locate you in person or via mobile phone and no substitute has been assigned by You to receive the product, We will reasonably assess if the local circumstances allow for leaving the Dinnr Product in a secluded place for You to collect later. If We deem this to be unsafe, We will leave and take the Dinnr Product with us.
8.3 If we take the Dinnr Product with Us as per 8.2., a renewed delivery attempt from us is at Our discretion and We may charge You a reasonable fee for a renewed delivery attempt. You have the right to collect the Dinnr Product from its current location (which will be in Central London as per our Central London delivery zone from time to time) at no charge.
8.4. Ownership of both Dinnr Products and Forknado Products will be transferred to You at the point of delivery to You or Your assigned substitute or us leaving the Dinnr Product in a reasonably safe place close to your delivery location. Responsibility for the Products (including, but not limited to, placing a Dinnr Product in a refrigerator at 8:45pm or any other time indicated on the delivery bag) will pass over to you in the moment of ownership transfer.
8.5. Forknado Products need to be collected by You outside of Your delivery location (kerbside delivery). We will notify you on your mobile phone before We arrive at the delivery location and immediately upon Our arrival at the delivery location.
8.6. Once we have notified you of our arrival at the delivery location, We will wait a maximum time of five minutes for You to collect any Forknado Product.
8.7. If You fail to collect your Forknado Product within the time limit specified in 8.6., We will attempt a further delivery at our discretion but we are not obliged to reattempt a delivery to You.
9. PRICE AND PAYMENT
9.1. The price of the Products and our delivery charges will be as quoted on our Website / our App from time to time.
9.2. Product prices include VAT whenever applicable.
9.3. Product prices and delivery charges are liable to change at any time, but for the avoidance of doubt changes will not affect orders in respect of which We have already sent You an Order Confirmation.
9.4. Payment for all Dinnr Products and Services must be by credit card or debit card. For credit and debit cards, We accept Visa, American Express and Mastercard. We will charge Your credit card or debit card at the time when You place the order via our Website or App.
9.5. Payment for Forknado Products may either be made by credit or debit card as per 9.4. for Dinnr Products, or with cash on delivery if you have the exact amount available. We cannot guarantee our courier will carry change.
9.6. Online payment for the services provided by Us are processed by Stripe. For more information on Stripe's policies, you are advised to visit their website www.stripe.com. We accept no liability if the payment details you provided were incorrect.
10. OUR REFUNDS POLICY
10.1 If You cancel the Contract as per clause 6.1. above, We will process the refund due to You as soon as possible and, in any case, within 15 days of the day You gave notice of cancellation. We will refund the price of the Product in full, and any applicable delivery charges.
10.2.1 If the Products do not comply with the Order Confirmation or are faulty, then You should notify Us in writing on the day of delivery. We, at our sole discretion, then provide You with replacement Products, or where a replacement is not available, with a refund. We will usually process the refund due to You as soon as possible and, in any case, within 15 days of the day We confirmed to You via email that You were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs You incur in returning the item to Us.
10.2.2 We reserve the right not to accept any returns after You have started the cooking process. We therefore recommend that You verify the quantity and quality of ingredients before You start cooking.
10.2.3 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
We warrant to You that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. OUR LIABILITY
12.1. Subject to clause 12.2, if We fail to comply with these terms and conditions We shall only be liable to You for the purchase price of the Products.
12.2 Dinnr Ltd excludes all liability and responsibility for all costs, claims, expenses or losses arising from your use, misuse or inability to use of the website.
12.3 Dinnr Ltd disclaims all liability arising in connection with the T&Cs for consequential, indirect or special loss or damage; economic losses (including loss of revenues, profits, contracts, business or anticipated savings); any indirect or consequential loss.
12.4 Dinnr excludes any liability for breach of duty other than any such liability arising pursuant to these T&C. Our total Liability to you or any third party shall in no circumstances exceed, in aggregate, the purchase price of the Products.
12.5 This does not affect our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to You should be in writing. When using our Site and our App, 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 our Website. 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.
All notices given by You to Us must be given to Dinnr Ltd at firstname.lastname@example.org. We may give notice to You at either the email or postal address You provide to Us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. The contract between You and Us is binding on You and Us and on our respective successors and assignees.
15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. We are the owner or the licensee of all intellectual property rights in the Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2. You may print off one copy, and may download extracts, of any pages from our site for Your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
16.3. If You post comments on the Products or Services to any Website, blog or social media network (Commentary) You must ensure that such Commentary represents Your fairly-held opinions. By subscribing to the Services You irrevocably authorize us to quote from Your Commentary on our site and in any advertising or social media outlets which We may create or contribute to.
17. EVENTS OUTSIDE OUR CONTROL
17.1. 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 (Force Majeure Event).
17.2. 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:
17.2.1. Strikes, lock-outs or other industrial action;
17.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5. Impossibility of the use of public or private telecommunications networks; and
17.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
17.3. Our performance under any Contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
18.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract 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.
20. ENTIRE AGREEMENT
20.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement betWeen us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4. Nothing in this clause limits or excludes any liability for fraud
20.5. When a particular provision in these T&Cs is deemed invalid by a court, it does not affect the validity of the other provisions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2. You will be subject to the policies and terms and conditions in force at the time that You order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Acceptance Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary within seven working days of receipt by You of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.