Terms and Conditions
Please read these Website Terms carefully before you submit your order to us as the use of the Website is subject to these Website Terms. By submitting an order through the Website (whether now or in the future), you accept to be bound by these Website Terms and that you will abide by them. By accessing any part of the Website or by using our service you are indicating that you accept the Website Terms. If you do not accept the Website terms, do not access or use the Website or purchase any products through the Website.
We may amend these Website Terms from time to time. If we make any changes to the Website Terms they will be reflected on this page. These Website Terms are only in the English language.
OUR TERMS AND CONDITIONS OF USE AND SALE
1. WHO WE ARE:
www.plateaway.com is operated by Plateaway Limited, a company registered in England and Wales (registered company number 11065308), whose registered office is at 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, United Kingdom, EN5 5TZ.
Our Website allows you to place order(s) (“Order” or “Orders”) with restaurants (“Restaurant” or “Restaurants”) that we display on the Website for the supply of ingredient kits for you to prepare meals yourself. We will then arrange for the items to be delivered to you. Upon the placing of the order, the legal contract for the supply and purchase of any items will be between you and the Restaurant that you place your Order with. We will act as a commercial agent for the Restaurants in all cases concluding the sale of items on their behalf to manage the process.
2. ACCESSING OUR WEBSITE AND TERMS
Access to some parts of the Website is possible without registering your details or making an order with us. Although we aim to ensure that the Website is available twenty four hours a day, we are not obliged to do so. In the event that the Website is unavailable at any time or for any period we will not be liable for this. By accessing any part of the Website or by using our service you are indicating that you accept the Website Terms. If you do not accept the Website terms, do not access or use the Website or purchase any products through the Website.
We reserve the right to change these Website Terms from time to time. If we make any changes to the Website Terms they will be reflected on this page and you should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and the Website Terms in force at the time that you place an Order through us.
It is your responsibility to make arrangements to access the website and to ensure that anyone accessing the Website through your Internet connection are aware and comply with these Website Terms.
We reserve the right to suspend access to the Website either temporarily or permanently at any time without notice.
In accordance with our legal obligations we will take steps to protect your information. However, as information sent over the internet is not completely secure, we cannot guarantee the security of your data sent through the Website. Any information sent through the Website is at your own risk.
Please note that we only deliver within the UK.
3. AGE RESTRICTIONS
By placing an Order through the Website, you confirm that you are legally capable of entering into binding contracts with the Restaurant and that you are at least 18 years old.
Alcohol, cigarettes and other smoking products along with other age restricted products can only be sold and delivered to persons aged 18 or over. You acknowledge and accept that under UK legislation it constitutes an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK or for any person to buy, or attempt to buy these products on behalf of any person who is under the age of 18.
4. MAKING AN ORDER
The Website contains details of the ingredient kits that Restaurants make available. The listing of each ingredient kit will contain information as to any additional items that you may need that are not included in the ingredient kit together with information about storage and shelf-life of that item. It is important that you note and comply with all storage and shelf-life notifications. If you have any queries about a particular ingredient kit, please contact the Restaurant.
When you place an Order we will provide an email notification to confirm that the Order has been received and that it is being processed. Before proceeding to place your order it is important to check that all of the information you have entered is correct as once you submit the order you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to the amendment and cancellation provisions below).
Whilst your Order confirmation confirms that you have a contract for the sale of items ordered with a Restaurant this does not necessarily mean that your Order will be fulfilled by the Restaurant. We have the ability to reject Orders at any time due to delivery complications or for any other reason. We will notify you (generally by email) as soon as reasonably practicable if we cannot fulfil your order. In the event that the Order is not fulfilled any payment made in respect of the order will be returned to you.
If you wish to amend or cancel your Order, you may contact our Customer Service Team (see section 6 below) and they will try to contact the Restaurant in an attempt facilitate your requests. Please note, there is no guarantee that we will be contact the Restaurant or that the Restaurant will agree to your requests as they may have already started processing and preparing your Order. Unless the Restaurant agrees to amend or cancel the Order once your payment has been authorised the Order will be valid and you will not be entitled to a refund.
If you attempt to make a payment that is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
The estimated delivery time is dependent on the Restaurant that you Order from and that Restaurant’s normal delivery time is stated on the Website. Neither we nor the Restaurants guarantee that Orders will be delivered within the estimated times. When we deliver your items, we will try to ring your doorbell or knock on the door to make contact. If you do not answer, we will leave the items in a safe position outside your front door (unless stated otherwise in the Restauarant details on the Website (some Restaurants utilise couriers who will either reattempt delivery or return the package to their distribution centre for destruction). We are not responsible for the items or their condition once delivered. Where a Restaurant has indicated that if you are not able to take delivery at the appointed time that their courier will take the package and destroy it, then (given the nature of the produce) this attempted delivery shall be considered as delivery and you will have no further rights). If you are unlikely to be available to take delivery of any order, it is your responsibilty to notify the Restaurant through the method shown on the Website.
Any orders processed by us through the Website are processed by us in our capacity as a commercial agent of the relevant Restaurant and we have no liability for the items delivered (or their delivery).
Where you are making an order with us as a gift for someone else (such as an employee, customer or another contact or third party), you confirm that you have the necessary rights to provide their personal details to us.
5. PRICES AND PAYMENTS
The Delivery Costs will be quoted on the website. Although we endeavour to ensure that all the pricing displayed on the Website is correct, it is possible that occasionally items may include incorrect prices. On the occasions that this occurs, if the Order price is higher than stated on the website we will usually contact you before it is dispatched. If this does occur, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
Payments for all Orders must be made by an accepted credit or debit card through the Website. Payments made by credit or debit card, may lead to delays with the processing of card payments and transactions. This may result in payments taking up to sixty days to be deducted from your bank account or charged to your credit or debit card.
Should your Order be rejected or cancelled (for any of the reasons confirmed above), your bank or card issuer will not transfer the funds for the Order to us. The payment will instead be released back into your available balance. Please note, this may take between 3 to 5 working days (or longer, subject to your bank or card issuer). In relation to this delay by your bank or card issuer, you acknowledge and accept that neither we nor the relevant Restaurant will be responsible or liable to you.
We utilise third party payment processors to process payments. Currently our providers are Paypal and Stripe (whose refund terms and conditions can be found at https://stripe.com/docs/refunds#:~:text=Once%20you%20initiate%20a%20refund,later%2C%20depending%20upon%20the%20bank).
6. CUSTOMER SERVICE
Our Customer Service Team will endeavour to help you with any issues that you face when using the Website (subject to section 10 below). Our Customer Service Team can be contacted by using our online contact form/live chat You can use the contact form if you have any questions about your order, for example if the Order is taking longer than expected. Our Customer Service Team will try to contact the Restaurant in order to follow up on your questions.
As referred to in section 4, if you wish to amend or cancel your Order our Customer Service Team will try to contact the Restaurant in an attempt facilitate your requests. Please note, there is no guarantee that the Restaurant will agree to your requests as they may have already started processing and preparing your Order. Unless the Restaurant agrees to amend or cancel the Order once your payment has been authorised the Order will be valid and you will not be entitled to a refund.
If you are unhappy with either the quality of any item or the service, please contact our customer Service Team by using our online contact form to provide your complaints or feedback.
7. ACCEPTABLE USE
Your use of the Website and the ability to print and download extracts from the Website for your own personal non-commercial use is permitted on the following basis:
- We/our licensors own the copyright and other intellectual property rights in the Website and in material published on it. This includes but is not limited to photographs and graphical images. These works are protected by copyright laws and treaties around the world. All our rights in this respective are reserved. Other than to use, print and download extracts as stated in the paragraph above the use of extracts from the Website is prohibited. Except as stated above or without our prior written permission, the Website must not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service;
- If you want to use any of the materials on the Website for commercial purposes you are required to obtain a licence from us;
- You must not misuse the Website. For the avoidance of doubt, this includes by extracting data or by hacking;
- If you download or print extracts from the Website as stated above, you must not modify these extracts or use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text; and
- You must ensure that you always acknowledge our position as the author of the material on the Website.
Any rights not expressly granted in these Website Terms are reserved.
8. MATERIAL SUBMITTED AND CUSTOMER REVIEWS
Any other material that you submit, post or upload to our Website, including but not limited to Restaurant reviews, will be considered non-confidential and non-proprietary. You acknowledge and agree that you own or otherwise control all of the rights to such material. You acknowledge and agree that we or anyone that we designate, will have the right to copy, disclose, distribute, incorporate and otherwise use any material and all data, images, sounds, text and other things included in it for any and all commercial or non-commercial purposes.
- You represent and warrant that any material you submit, post or upload does not and will not breach any of the restrictions below which are for the avoidance of doubt prohibited:
- material in breach of either the applicable local, national or international law;
- material that is fraudulent or unlawful;
- material that is unauthorised advertising; or
- material that contains viruses or any other harmful programs.
In relation to (but without limitation), any reviews that you post through the Website must not contain material that:
- is defamatory, indecent or offensive;
- promotes violence or discrimination;
- infringes the intellectual property rights of another person, or that breaches any legal duty owed to a third party (for example a duty of confidence);
- promotes illegal activity or material that invades another’s privacy;
- gives the impression that it originates from us; or
- is used to impersonate another person or to misrepresent your affiliation with another person.
Please note that these prohibited acts are only examples and the list provided is not exhaustive.
We reserve the right at our sole discretion to amend or remove material that either breaches the above prohibitions, is unacceptable or may expose either us or any third parties to any harm or liability of any type, or for any other reason. Please note, we do not undertake to remove such material except as required by law.
Reviews, comments and other material that are posted on this Website are not intended to form advice from us. We disclaim all liability and responsibility to the fullest extent permitted by law from any reliance placed on this material whether by a visitor of the Website or someone who is informed of its contents. For the avoidance of doubt, this includes any inaccurate information, defamation, indecent information, omissions or untruths that you may encounter in any such materials.
The images of any food on our website are for illustrative purposes only. You acknowledge that you are purchasing an ingredient kit to make at home and the end result may differ depending on your skill level and presentation. Any images may not be either an image of food prepared or produced by the Restaurant from which you choose to order; or representative of the food you receive from a Restaurant.
To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) and you agree to indemnify us arising out of or in connection with any Reviews or other material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this section 8, against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party.
In relation to any breach of this section 8 or any other applicable restriction you acknowledge, agree and you release us to the fullest extent permitted by law from all liability in relation to a disclosure resulting from our compliance with any competent authority asking or instructing us to disclose the identity or location of anyone posting any reviews or other material.
9. LINKS TO AND FROM THIRD PARTY WEBSITES
Where our Website features links to third party websites, these links are provide for information only and are solely for your convenience. We have not reviewed and do not control any of these third party websites and we accept no responsibility for these websites including their content or availability or for any loss or damage arising from these websites. Access to these websites is entirely at your own risk.
You may link to the Website’s homepage (www.plateaway.com), as long as:
- it does not damage or take advantage of our reputation and it is done in a fair and legal way;
- any link must be from a website that is owned by you. Unless you receive prior endorsement you must not provide a link that suggests a form of affiliation or endorsement from us; and
- any website from which you link must comply with the content standards set out in these Website Terms, specifically section 8.
Please note, we reserve the right to withdraw linking permission at any time without notice and for any reason.
We make no guarantee that the information on the Website is correct or accurate. We reserve the right to make changes to the content of the Website and its functionality, items, or price at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material although we will try to ensure the information is correct.
You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly prior to placing an order to ensure that the food is suitable. We cannot guarantee that any of the Items sold by the Restaurants are free of allergens. When we partner with a Restaurant, the Restaurant provides us with up-to-date information about dishes which is reflected on the Website. If we are provided with allergy or other dietary information, we will do our best to republish this information on the Website exactly as the Restaurant’s informs us.
The estimated delivery time is dependent on the Restaurant that you Order from. Estimated times for deliveries vary per Restaurant. Neither we nor the Restaurants guarantee that Orders will be delivered within the estimated times.
From time to time a Restaurant may need to substitute ingredients within a particular ingredient kit (including due to shortages of a particular ingredient). Such substitutions will not materially affect the authenticity of the ingredient kit supplied and will be a similar substitution as may be made in the Restaurant.
We supply you with access to and use of the Website on the basis that, to the fullest extent permitted by law, we exclude all representations, conditions, warranties, undertakings and other terms in relation to the Website and your use of it (including any representations, conditions, warranties, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nothing in these Website Terms affects your statutory rights.
Subject to the above in this section 11, to the fullest extent permitted by law we will not be liable to you, whether in contract, breach of statutory duty, tort (including negligence), or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- any loss of profits, revenue, sales, or business,;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to section 10 and this section 11 our maximum liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of twice the value of your Order or £100.
You agree that we, in our sole discretion may terminate or suspend your right to use or access the Website immediately by notifying you in writing (including by email) if we believe that:
- your usage of the Website contravenes section 7;
- you have posted, submitted, or uploaded reviews or other material which contravenes section 8;
- you have contravened section 9; or
- you have contravened any other material terms of these Website Terms.
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
13. WRITTEN COMMUNICATIONS
When using the Website or placing an Order via the Website, you accept that communication with us will be mainly electronic by either email or through information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge and agree 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.
14. FORCE MAJEURE
We shall not be in breach of the Website Terms nor liable for delay in performing, or failure to perform, any of our obligations under the Website Terms if such delay or failure result from an event, circumstance or cause beyond our reasonable control (“Force Majeure Event”).
For the avoidance of doubt, a Force Majeure Event includes without limitation the following:
- Industrial action including; strikes or lock-outs;
- civil commotion, riots, invasions, terrorist attacks or threat of a terrorist attack, an epidemic or pandemic, a war (whether declared or not) or a threat or preparation for a war;
- natural disasters including but not limited to; fires, explosions, storms, floods, earthquakes, subsidence or an epidemic;
- impossibility of the use of any means of public or private transport;
- . impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed We will use our reasonable endeavours to bring any Force Majeure Event to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
15. OTHER TERMS
If a court finds part of these Website Terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
These Website Terms and any document expressly referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
No failure or delay by a party to exercise any right or remedy provided under the Website Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Unless you have our prior written consent you may not transfer any of your rights or obligations under these Website Terms. We are entitled to transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
The headings contained in these Website Terms are for convenience only and do not affect their interpretation
17. GOVERNING LAW AND JURISDICTION
These Website Terms and any dispute or claim arising out or in connection with it or its subject matter or formation (including any dispute or claim relating to non-contractual obligations) is governed by and construed interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortious nature or otherwise).
If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.