Tiffin Delivery Terms and Conditions

1. Ordering Tiffin

1.1 You may order the Tiffin online directly from us via the Website. 

1.2 You must be at least 18 years old to place an order online. 

1.3 You should check all the information that you enter and correct any errors before submitting your Order, as once your order is submitted, we will begin processing it immediately and you may not be able to correct any errors.  

1.4 We will confirm our acceptance of your Tiffin order by sending you an email confirming the information you included in your order. These terms and the order will become legally binding on you and us when we send you the Confirmation Email and each Tiffin order shall incorporate these Terms and shall be a new and separate contract between you and us. The contract shall be in the English language. We will not file a copy of the contract.

2. Delivery

2.1 We will aim to provide you with your ordered Tiffin as close as possible to your requested delivery/collection time.

2.2 If, during delivery of a Tiffin order, you or your authorised representative as specified in your Tiffin order (as appropriate) fail to take delivery of the Tiffin within five (5) minutes of our delivery driver’s arrival (other than due to our material breach of these Terms):

2.2.1 the delivery shall be aborted; and 

2.2.2 you will not receive a refund for your Order.

2.3 You shall be responsible for:

2.3.1 ensuring that the delivery driver has such access and parking facilities as may be reasonably required to carry out the Tiffin order;

2.3.2 ensuring that either you or your authorised representative (as specified in your Tiffin order) are present to take delivery of the Tiffin at the delivery place specified in your Tiffin order; and 

2.3.3 providing us with your up-to-date contact details in your Account and/or Order. 

3. Tiffin Collection

3.1 The Tiffins are to be collected between 16:00 – 18:00 on the day of Tiffin delivery unless special arrangements have been agreed. Your delivery driver will arrange a suitable collection time when they make the delivery. 

3.2 Any Tiffin containers not returned will be charged at a cost of £25.00 per Tiffin. 

3.3Tiffins will be delivered in a black catering box and when finished enjoying your meal you can simply place the used Tiffin’s in the box. They do not need to be washed or cleaned. 

4. Cancellations and Refunds

4.1 Please note that you do not have a right to cancel any contract for Tiffin Delivery under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013. 

4.2 You may request that your Tiffin order is cancelled or changed after it has been submitted. This can be done by contacting Zouk restaurant directly. 

4.3 If you cancel or change your Tiffin order, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting the restaurant directly. We will process refunds within ten (10) working days. 

5. Other Refunds

5.1 You have legal rights in relation to Tiffin order that are not described, faulty or otherwise not fit for purpose. If you believe that any Tiffin order that you have received do not conform with these Terms, please contact the restaurant directly to discuss a replacement or refund.

5.2 If, due to unforeseen circumstances, we are unable to fulfil your Tiffin order, we will refund the value of the Tiffin order that we were unable to fulfil and, if the full Tiffin order is cancelled, any delivery and service charges. You may obtain a refund by contacting our restaurant directly. 

6. Orders

6.1 We endeavour to provide information on any allergens that the Tiffin deliveries may contain on Zouk’s website, but please note that:

    6.1.1 because all Products are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Products will not contain any allergens;

    6.1.2 the kitchen is a busy working environment and there is a risk of cross-contact between ingredients;

    6.1.3 please contact the restaurant directly for further information regarding allergens in the Tiffin deliveries.

6.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.

7.  Our Liability

7.1 Nothing in these Terms excludes or limits our liability for:

    7.1.1 death or personal injury caused by our negligence;

    7.1.2 fraud or fraudulent misrepresentation; and

    7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

7.2 Subject to clauses 7.1 and 7.3 our maximum liability to you, in respect of any particular Tiffin order, will be limited to the value of that Order (which includes any delivery and service charges) as set out in the relevant Confirmation Email.

7.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time of the conclusion of the contract for Products.

7.4 We only supply the Tiffin order for your use. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.5 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

8.  Changes to these Terms 

8.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order the Products.

9. Other important information 

9.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

9.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10. Events outside our control

10.1 We and our Franchisees 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. This is sometimes called a force majeure event which just means that the event is one we cannot foresee or control. In these terms, we refer to those events as an “Uncontrollable Event”.

10.2 An Uncontrollable Event includes any act, event, omission or accident beyond both our reasonable control or the reasonable control of the Zouk’s Family and includes in particular the following:

10.2.1 strikes, lock-outs or other industrial action;

10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

10.2.3 fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;

10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

10.2.5 impossibility of the use of public or private telecommunications networks;

the acts, decrees, legislation, regulations or restrictions of any government; or

non-performance by suppliers or subcontractors.

11. Governing law and jurisdiction

11.1 These Terms are governed by the laws of England and Wales.  This means that your purchasing of Products and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.  Nothing in these Terms, including this clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law

11.2 If you are a consumer, you may bring any dispute which may arise under these Terms to - at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

11.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

12. Contacting us

12.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. Our team aim to respond to you with 2-3 working days of contacting us. You can contact us using the following details:

12.1.1 Address: Unit 5, Chester Street, Manchester, M1 5QS

12.1.2 Telephone number: 0161 233 1090 

12.1.3 Email: manchestermanager@zoukteabar.co.uk