Website and mobile app terms and conditions www.thephoenixbraintree.co.uk
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.thephoenixbraintree.co.uk (the "Website").
This Website is owned and operated by The Phoenix Braintree (legal company name HPM Deli Ltd).
This Website is an ecommerce website / mobile app. The website is built on a secure platform and the app via our EPOS provider, Lolly – a reputable business with a large number of similar clients.
Allergen information is displayed on all products in-store and via the website in good faith but customers with specific allergies are required to inform the server on arrival. The Phoenix Braintree is NOT a nut free establishment.
By using this website, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Orders made for the shortest collection time will be processed asap but the company cannot guarantee the speed of service accept that the company will do everything possible to fulfil each order in a timely and efficient manner.
The customer is responsible for completing the order and ensuring all details including collection time are correct at time of submitting your order. A late collection of orders results in potentially less-superior products. The right for refund in such circumstances is removed if the products have been produced and allocated to that specific order. The company are not obliged to replace a product for any incorrectly placed order. Any errors made by the company can only be rectified prior to the customer leaving the premises.
All content published and made available on our website is the property of The Phoenix Braintree and the Website's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website.
When you create an account on our Website, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Website illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Website. The following goods are available on our website:
•Made to order Cold and Hot Beverages;
•Hot & cold food items
• Food and drink themed hampers
• Retail and Merchandise
We are under a legal duty to supply goods that match the description of the good(s) you order on our website.
These Terms and Conditions apply to all the goods that are displayed on our Website at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Website at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and I have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Website may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our website or within the coffee shop / deli / bar.
We accept the following payment methods on our Website:
The Phoenix Braintree also welcomes payments from Apple Pay and Google Pay and follows all their strict guidelines on data and payment processing.
At this stage The Phoenix Braintree is unable to take American Express payments.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated we reserve the right to cancel or reverse your transaction.
Shipping and Delivery.
When you purchase goods from our Website, the goods will be delivered through one of the following methods:
*Collection in-store only at this stage
Collection times are subject to availability at time of placing your order and will also be subject to stock availability. Goods are priced to reflect the cost of provision as well as the goods themselves. With fresh made to orders the temperature and condition of the food and / or drink items is not guaranteed should the items be collected after the given time period or within a reasonable time frame post the stated collection time.
Right to Cancel and Receive Reimbursement.
If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice.
The cancellation period:
*Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
*Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
*Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time. To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period.
To cancel, contact us by email at firstname.lastname@example.org or by post at 6 Bank Street, Braintree, Essex, CM7 1UL.
Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit. Refunds are not permitted where the product cannot be reasonably re-sold.
If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Website contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Website. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these websites.
Limitation of Liability.
The Phoenix Braintree (company legal name HPM Deli Ltd) and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the website.
Except where prohibited by law, by using this Website you indemnify and hold harmless The The Phoenix Braintree (company legal name HPM Deli Ltd) and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Country of England.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We will notify users by email of changes to these Terms and Conditions or post a notice on our Website.
Please contact us if you have any questions or concerns. Our contact details are as follows: email@example.com or by calling 01376 340708