Terms & Conditions
Terms and Conditions
This agreement applies as between you, the User of this Website and FIRSTCART, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you. Receipt of payment by FIRSTCART on the placing of an order does not constitute acceptance of that offer by FIRSTCART. If no dispatch email is sent to you to signify acceptance of your order by FIRSTCART, your payment will automatically be refunded to you in full.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively and includes without limitation the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
means any third party responsible for transporting purchased Food from the chosen Restaurant to you;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means FirstCart Ltd of Unit 5 Clements Court Clements Lane, Ilford IG1 2QY, United Kingdom;
means any products that FIRSTCART advertises and/or makes available for sale through this Website
means any individual list or menu posted or shown on this Website
means any details required for the purchase of Food products from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
means collectively any online facilities, tools, services or information that FIRSTCART makes available through the Website either now or in the future;
means any online communications infrastructure that FIRSTCART makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by FIRSTCART and acting in the course of their employment; and
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
i. In order to purchase Food on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
a. all information you submit is accurate, reliable and truthful;
b. you have permission to submit Payment Information where permission may be required; and
c. you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty. In this regard:
ii. It is recommended that you do not share your Account details, particularly your username and password, with anyone. FIRSTCART accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
iii. If you have reason to believe that your Account details have been obtained by another without consent, you should contact FIRSTCART immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled before they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, FIRSTCART accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
iv. When choosing your username you are required to adhere to the terms set out above in Clause 12. Any failure to do so could result in the suspension and/or deletion of your Account.
4. Termination and Cancellation
i. Either FIRSTCART or you only may terminate your Account. If FIRSTCART terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving any or any valid reasons.
ii. If FIRSTCART terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched be dispatched.
iii. FIRSTCART reserves the right to cancel purchases as aforesaid without stating reasons, at any time prior to processing payment and dispatch.
iv. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
v. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
5. Making and paying for an Order
i. Although every effort has been made to ensure that all graphical representations and descriptions of Food available from FIRSTCART correspond to the actual Food, FIRSTCART is not responsible for any deviations variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Food, not the supply of altogether different Food than the Food you have ordered.. Please refer to Clause 15.1 for incorrect Food.
ii. FIRSTCART does not represent or warrant that any Food advertised on the Website will be available and ready for dispatch at the time your order is placed. If the Food is not available when ordered, FIRSTCART will not send you a dispatch email and will refund your payment in full.
iii. All pricing information on the Website is correct at the time of going online. FIRSTCART in the course of its business reserves the right to change prices and alter or remove any special offers from time to time as it deems necessary. All pricing information is reviewed and updated every <<insert time period or remove sentence as appropriate>>.
iv. After browsing the Menus available on this Website, please select your Order. You will be asked to submit your Order electronically by firstname.lastname@example.org
v. Payment for Orders must be either by debit or credit card, details of which have been provided by you when you created an Account on this Website pursuant to Clause 9 hereof. It is not possible for you to pay in cash either at the time your order is placed or at the time of delivery of your order.]
vi. All prices on the Website include VAT at the standard rate applicable from time to time. Shipping costs will be added and will be charged and shown separately on your order. Shipping costs will be added to the total amount due, prior to payment. FIRSTCART’s VAT number is <<enter number>>.
vii. On receipt of your Order FIRSTCART will send you an email confirming that your order was received and has been accepted. If FIRSTCART is unable to fulfil your Order you will receive an email stating that your Order has been declined.
viii. Once you have made your Order and your payment has been processed, you will not be unable to cancel nor will you be entitled to a refund.
i. All food and deliveries will be made by FIRSTCART and will be paid for by you when you place your order on the Website. Please be aware that the Restaurant will do everything it can to meet the delivery time specified, however delivery times may be affected by factors beyond its control and therefore cannot be guaranteed. FIRSTCART can accept no liability for delays in delivery of Food.
ii. FIRSTCART will notify you by way of email when your Food is on its way to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in such delivery.
7. Intellectual Property
i. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FIRSTCART, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
ii. Subject to Clause 9 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by FIRSTCART.
8. Third Party Intellectual Property
i. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
ii. Subject to Clause 9 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
9. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
10. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FIRSTCART or that of our affiliates. We assume no responsibility whatsoever for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
11. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.cakesallover.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FIRSTCART. To find out more please contact us by email at email@example.com.
12. Use of Communications Facilities
i. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
a. You must not use obscene or vulgar language;
b. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c. You must not submit Content that is intended to promote or incite violence;
d. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
e. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
f. You must not impersonate other people, particularly employees and representatives of FIRSTCART or our affiliates; and
g. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
ii. You acknowledge that FIRSTCART reserves the right to monitor any and all communications made to us or using our System.
iii. You acknowledge that FIRSTCART may retain copies of any and all communications made to us or using our System.
iv. You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive any right you may have otherwise had to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
i. FIRSTCART makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
ii. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
iii. No part of this Website is intended to constitute a contractual offer capable of acceptance.
iv. Although FIRSTCART uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
15. Changes to the Service and these Terms and Conditions
FIRSTCART reserves the right to change the Website, its Content or these Terms and Conditions at any time. You acknowledge receiving notice of and will be bound by any changes to the Terms and Conditions from the first time you use the Website following the introduction of such changes. If FIRSTCART is required to make any changes to its Terms and Conditions relating to sale of Food by operation of law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Website
i. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ii. FIRSTCART accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
i. To the maximum extent permitted by law, FIRSTCART accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
ii. Nothing in these Terms and Conditions excludes or restricts FIRSTCART’s liability for death or personal injury resulting from any negligence or fraud on the part of FIRSTCART.
iii. Nothing in these Terms and Conditions excludes or restricts FIRSTCART’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Food or out of reliance on incorrect information included on the Website.
iv. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FIRSTCART.
i. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
ii. FIRSTCART may from time to time send you information about our products and/or services. If you do not wish to receive such information, please 'Unsubscribe' link in any email which you receive from us.
22. Law and Jurisdiction
These Terms and Conditions and the relationship between you and FIRSTCART shall be governed by and construed in accordance with the Law of England and Wales and FIRSTCART and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.