1. Use of the Website
1.1 Subject to the Terms of this agreement, you are authorised to view and download the Website for your personal use only and without charge. By using the Website you agree to be bound by these Terms. These Terms and Conditions do not affect your statutory rights.
1.2 We may change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content.
2. Amdendments to the Terms
2.1 We may update these Terms and Conditions from time to time. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
3. Excluded services
3.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
4. Availability of the Website
4.1 Although we aim to offer you the best service possible, no promise can be made that the services on the Website will meet your requirements. The Tapas Lunch Company Ltd. cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us (see 'Contact Us' page for details) and we will attempt to correct the fault as soon as we reasonably can.
4.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as it reasonably can.
5. Intellectual property
5.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
5.2 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from The Tapas Lunch Company Ltd.
6. Limitation of liability
6.1 The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
6.2 The Website provides content from other Internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Tapas Lunch Company Ltd. will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
6.3 To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
6.5 Nothing in this paragraph applies to The Tapas Lunch Company Ltd.'s liability in respect of products sold through the Online Store.
7.1 As part of your shopping journey with The Tapas Lunch Company Ltd, we will collect certain personal data from your during the checkout process. We are committed to your privacy and certainly not in the business of sharing/selling/abusing your data. We’ll only collect the data we need to be able to efficiently process your purchase, which may include:
- Your name(s)
- Your contact information, e.g., email address and/or phone number
- Your address for billing
- Your address for shipping of your order
- Payment information, including but not limited to credit/debit card details or Paypal account email addresses.
7.2 Unless you specifically authorise us to do so, we will NOT use any of your data for marketing purposes - it will only be used in the course of processing your order with us, e.g., to send your order confirmation emails, to contact you by phone with any queries regarding your order, and to be able to delivery your order to your chosen location.
7.3 As part of the order fulfilment process, we may share your details with one or more of the following companies who are our logistics and software providers:
- Netsuite: Netsuite is a cloud-hosted ERP software platform - own by Oracle - and is our central data store for customer information. When you place an order on our website, you are directly submitting your information to our system, provided and hosted by Netsuite in European data centres. Netsuite are a software company and have no access to nor interest in your personal data. They are, of course, fully GDPR compliant.
- VDepot Ltd UK: VDepot are our trusted UK fulfilment partners. As part of the preparation and despatch of your order, we will transmit shipping names and addresses as well as the contents of your order to VDepot. VDepot is UK company and is fully GDPR compliant.
- DPD Ltd UK: In order to be able to ship your order to you, we need to transmit your address details to our courier partner, DPD. DPD is a European company and is fully GDPR compliant.
- Helpscout: Helpscout is GDPR compliant software company that hosts our Helpdesk platform. If you make an enquiry via email or via the popup self-service help system on our website, your data will be transmitted to and hosted by Helpscout.
- Force24 Ltd UK: Force24 are our trusted UK marketing partners. If you opt into our marketing newsletter, we will store your email address as well as details about interactions you have with The Tapas Lunch Company on Force24 systems. Force24 is a fully GDPR-compliant UK company and committed to the highest standards of privacy.
7.4 Data will normally be stored on systems indefinitely. You always have the right to either (a) request to see any data we hold about you, or (b) request to have any data we hold about removed permanently. In either case, please send an email to [email protected] and we will deal immediately with your request.
8. Third party websites
8.1 As a convenience to The Tapas Lunch Company Ltd. customers, the Website includes links to other websites or material which are beyond its control. The Tapas Lunch Company Ltd. is not responsible for content on any other site outside the The Tapas Lunch Company Ltd. Website.
9. Applicable law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
10. International use
10.1 The Tapas Lunch Company Ltd. makes no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
11.1 Part of the Website may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising material.
12. Online offers, promotions and discount codes
12.1 The Tapas Lunch Company Ltd. reserves the right to withdraw any offer, promotion or discount code advertised on the Website, or otherwise, at any time and without any prior notice.
Conditions relating to the sale of products to you:
13. Our contract
13.1 When you place an order to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). Your order represents an offer to us to purchase a product which may be rejected by us for a number of reasons. If we do reject your offer, we will inform you in writing along with the reason within 2 working days.
14. Product representation
14.1 We will not consider a product that is visually different from the published image to be 'not as described'.
14.2 We will not consider a product to be 'not as described' based on different interpretations of the 'product description'.
14.3 We will not consider a product to be 'not as described' based on different interpretations of the 'product name'.
14.4 In cases where ingredients are not as specified on the website, we will accept the product as 'not as described' and be happy to provide a return/refund should the product no longer be acceptable to you.
14.5 We will not consider a product to be 'not as described' due to a different brand being supplied, so long as this brand is from the same manufacturer.
14.6 We will not consider a product to be 'not as described' based on a lower drained weight than net weight. We will not consider a product to be 'not as described' due to a <5% difference in published net weight. For products sold on an 'approximate weight' basis, we will not consider the product to be 'not as described' should the actual weight differ from the 'approximate weight'.
15.1 Orders can be placed at any time on our website (www.thetapaslunchcompany.co.uk), by email ([email protected]), or by telephone (01953 433 858) Monday-Friday (8am-4pm).
15.2 Under normal circumstances, orders placed before 2 pm (Monday-Thursday) will be processed and despatched on the same day. However, this is not guaranteed and under certain circumstances, order processing and despatch may take up to 72 hours. We cannot accept liability for losses or damages incurred due to delayed despatch of orders. In all circumstances, you will receive an email advising you shortly after your order has been despatched (the "Order Fulfilment E-mail").
15.3 We will not despatch orders containing products that require refrigeration on Friday. Despatch for such orders will be postponed until the following working day.
15.4 Stock levels displayed on the website are to be treated as a guide only. Availability of stock will be confirmed with you upon placing your order.
15.5 Registered trade customers must comply with a minimum order value of £75 excluding VAT and shipping.
15.6 You have the statutory right to cancel your order for refund within 14 days of receipt. Please note, however, that should you decide to cancel your order after it has been shipped, we will not be able to refund the cost of shipping nor the costs of products which have a limited shelf life (perishable goods). In addition, you will be liable for the cost of returning the goods to us, according to the current courier rates (2018, DPD at 15.00£), or alternatively you can receive the parcel and then use your own courier/postage service to send it back. Please note that this will apply should you decide to cancel due to delayed delivery (where delivery has taken or will take less than 7 working days).
15.7 Although we make every effort to keep product information up to date on the website, the appearance of items may change from time to time, meaning that product images may become out of date. Therefore, please consider product photos as a guide to their appearance rather than a definitive representation of how the product you order will look. If the visual properties of any particular product are of particular importance to you, please contact us before ordering.
15.8 Although we make every effort to keep product information up to date on the website, we may from time to time have to source products from different suppliers in order to ensure a consistent supply. We therefore reserve the right, where the brand specified or depicted on the website is not available, to substitute for a similar brand.
16.1 Deliveries are made via third-party courier or Royal Mail postal services. Under normal circumstances, UK Mainland courier deliveries are made on the day following despatch, but this is not a guaranteed service and we cannot accept liability for losses or damages incurred due to delayed delivery where either the courier or any other party is at fault. Please allow up to seven working days for delivery.
16.2 If you need your goods before a specific date, please allow plenty of time for ordering, despatch and delivery. Although you have the statutory right to cancel your order within 14 days of receipt if your order does not reach you in time for your requirement, we will not refund shipping costs and you will be responsible for the cost of returning the goods to us (see 17).
16.3 Delivery will only take place during normal office hours and unless otherwise specified (see 16.5), yourself or an authorised person will need to be present to accept the delivery. Please contact us before ordering if you know that you or an authorised person will not be present to accept delivery during the day and we will do our best to find a suitable delivery arrangement. Please note that we cannot offer guaranteed times deliveries.
16.4 The standard delivery charge covers most of the mainland UK. Surcharges are payable on delivery services to other areas - please check the delivery information page for more details. Delivery charges are to be treated as a guide only and do not represent a guarantee to deliver to any particular address for a specific amount. We reserve the right to charge any amount for delivery to any location. You will be informed of any variation of delivery charge before your order is approved and if you do not agree to this variation you will be given the opportunity to cancel your order.
16.5 We have clearly specified that it is preferable for somebody to be present at the delivery address in order for the courier to obtain a signature. However, where the customer instructs us to instruct the courier to leave their package in a particular location, we will comply. In such cases, we are unable to entertain claims for non-delivery where the courier's records show that the package was left in the specified location.
16.6 When we despatch your order, you will receive an email from us. If you have asked for a courier delivery, you should make sure that there is someone available to receive the delivery at your designated address. The courier will attempt delivery and will leave a card with contact instructions if noone is available. They may also attempt delivery automatically a second time. If your parcel is still undelivered, the courier will hold your order at the depot and await further instructions from you. At this point, ourselves or the courier will do our best to contact you for further instructions - this will either be by email, telephone or a card through your door. Please be aware, however, that it is your responsibility to be available for delivery after you have placed your order and whilst we or the courier will do our best to contact you, we can't be held responsible for cost or inconvenience arising from your unavailability to accept delivery of an order. If you have not contacted us or the courier within 3 working days, your order will be returned to us at a cost of £15.00 (current courier rate), which you will be required to pay. If you then require redelivery of the goods, this will be charged at the same price as the original shipping fee paid.
16.7 Please check the contents of your delivery carefully against the items listed on the sales order, otherwise we will assume that all listed goods have been received. If any items are missing, incorrect or damaged, please notify us on 01953 433 858 within 24 hours of receiving you delivery.
16.8 Please do not reject a delivery from us if the package appears to be damaged. We do not require you to have signed 'damaged' or have rejected the package in order to approve refunds or replacements. It is much more convenient to accept the package, check your order and identify any specific issues which will then be rectified by us. If you do choose to reject your order, you will be responsible for the cost of return and redelivery.
16.9 Orders containing products that would normally be kept in refrigerated conditions are shipped in protective packaging to allow them to remain up to 48 hours without refrigeration. Customers placing orders containing such products should be sure that they are able to receive delivery on the first attempt. Unfortunately, we cannot accept responsibility for degradation of such products that were unable to be delivered at the first attempt due to the customer being absent. We will only entertain claims for degredation of such products where delivery is delayed due to a fault or error by the courier.
16.10 Please note that any time-slots for delivery allocated to you by the courier are an estimate only and not a guarantee to deliver at that particular time. The courier cannot absolutely guarantee the delivery time or date and there is no money-back guarantee if the courier does not meet the delivery target date or time. Although you have the right to cancel should your order miss any deadline you might have, we won't be able to refund the shipping cost and you will have to pay for the goods to be brought back to us before a refund is issued (perishable products excluded).
17.1 You have the right to return any non-perishable items for a refund within 14 days of purchase. For the return you may use your own choice of delivery service, just let us know once organised so we know to expect it.
17.2 When returning goods, please ensure they are packaged well, either in the original packaging or a suitable alternative. We cannot be held responsible for any breakages or damages that occur whilst the goods are in transit back to us.
17.3 Should you receive a faulty product, normally, we'll just ask for a quick photo of the defect to be sent to
[email protected] and then you can throw it away and we'll refund or send you a replacement for the item. Obviously, this can't apply if you simply don't like the taste of the product and please bear in mind that taste is a subjective matter - what one person may love, another may consider 'faulty' (e.g., too salty, texture too hard). So there's sometimes a grey area here. Also, please bear in mind that products might taste of look different to similar ones you may have tried in the past or you might not consider as "authentic Spanish", and that would not be grounds for a refund.
17.3 As an online food seller, we have the obligation and desire to represent our products as accurately as possible to our customers, so you can make the best purchasing decisions possible. We do our absolute best to ensure that the information displayed for each product on our website is accurate and up-to-date and try to make as much information from the product label available to you. However, certain aspects of product representation will always be subjective, so if you are interested,
please read this article which describes in detail how we try to represent our products, what we can and cannot do, and what types of omissions and/or errors we will consider as 'product not as described' for return or refund purposes, that would not be grounds for a refund.
17.4 We take every care possible to ensure that your order arrives safely and in one piece. We have developed what we believe to be the best packing techniques and use the most appropriate materials for the job, including strong, double walled boxes and cushioning materials.
If there is any damage, please don't just outright reject the package from the courier. Please accept your order, check it over and then inform us of any damages within 24 hours. We don't require for you to have signed 'damaged' or have rejected the package from the courier. Again, we normally ask for a quick photo to be sent to [email protected] and then we'll sort out a refund or replacement for you.