WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions ( "Website Terms") on which we, Sandwich Sorted Limited ("we" or "Sandwich Sorted"), provide our services through our website https://www.SandwichSorted.co.uk and any Sandwich Sorted mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through, the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website https://www.SandwichSorted.co.uk and any Sandwich Sorted mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1 Sandwich Sorted is a company registered in England and Wales with registered company number 09457341, whose registered office is at 95 Beechfield Road, Hemel Hempstead, England HP1 1NZ. Our VAT number is [ ].
1.2 We provide a way for you to communicate your orders ("Orders") for sandwiches and related products ("Products") to sandwich shops and providers ("Sandwich Providers") displayed on the Website (the "Service"). An “Order” refers to an order you make pursuant through the website and subject to the Website Terms.
2. WEBSITE ACCESS AND TERMS
2.1 You may access some areas of the Website without making an Order or registering your details with us. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2.2 By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, please leave the Website immediately, and you will not be able to order any Products through the Website.
2.3 These Website Terms may be revised by us at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. The policies and terms and conditions in force at the time that you place an Order through us will apply to you.
3. YOUR STATUS
3.1 By placing an Order through the Website, you are deemed to warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1 Once you have selected the Products you wish to order from the menu of your chosen Sandwich Provider and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed" or similar button. Please make sure you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
4.2 Once you have submitted your Order and your payment has been authorised by your card provider, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 in relation to rejected Orders).
4.3 Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Sandwich Provider.
4.4 On receipt of your Order, we will begin processing it by sending it to the relevant Sandwich Provider and will notify you by text or email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us: it does not necessarily mean that your Order has been accepted by the Sandwich Provider. Our Sandwich Providers are encouraged to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Sandwich Provider rejects your Order. However, Sandwich Providers have the discretion to reject Orders at any time for any reason such as they are too busy or due to weather conditions.
4.5 Estimated times for deliveries and collections are provided by the Sandwich Providers and are only estimates. Neither we nor the Sandwich Providers guarantee that Orders will be delivered or will be available for collection within the times estimated.
5. PRICE AND PAYMENT
5.1 Prices are as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Sandwich Provider (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2 It is possible that some of the menus on the Website may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Sandwich Provider 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.
5.3 Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Sandwich Provider at the point of collection by or delivery to you.
5.4 If you pay by credit or debit card, you may be required to show the card to the Sandwich Provider at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.6 Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Sandwich Provider (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Sandwich Provider will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
If you are dissatisfied with the quality of any Products or the service provided by a Sandwich Provider and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Sandwich Provider directly to lodge your complaint and, where appropriate, follow the Sandwich Provider's own complaint procedures. [Please send an email to email@example.com within 48 hours of placing your Order and we will attempt to contact the Sandwich Provider in order to request compensation on your behalf.] [Please note that we have no control over Sandwich Providers and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Sandwich Provider.]
7.1 You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.3 You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.4 You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2 Except as stated in paragraph 7.1, the Website may 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, without our prior written permission. You must not misuse the Website.
7.3 Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1 Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily at any time and without notice.
8.2 The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.1 While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
10.2 We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (" Menu Information") from the menus that are provided to us by Sandwich Providers. However, it is the Sandwich Providers that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Sandwich Provider directly before ordering.
10.3 The legal contract for the supply and purchase of Products is between you and the Sandwich Provider that you place your Order with. We have no control over the actions or omissions of any Sandwich Providers. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
10.3.1 We do not give any undertaking that the Products ordered from any Sandwich Provider through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
10.3.2 Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Sandwich Provider guarantee that Orders will be delivered or will be available for collection within the estimated times.
10.3.3 We encourage all our Sandwich Providers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Sandwich Provider rejects your Order. However, we do not guarantee that Sandwich Providers will accept all Orders, and Sandwich Providers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
10.3.4 Your statutory rights against any Sandwich Provider are not affected by any of the foregoing.
10.4 We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
11.1 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
11.2 Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
11.2.1 any loss of profits, sales, business, or revenue;
11.2.2 loss or corruption of data, information or software;
11.2.3 loss of business opportunity;
11.2.4 loss of anticipated savings;
11.2.5 loss of goodwill; or
11.2.6 any indirect or consequential loss.
11.3 Subject to clauses 11, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £50, whichever is lower.
11.4 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.1 We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
12.1.1 you have used the Website in breach of paragraph 7.1 (License);
12.1.3 you have breached paragraph 9 (Links to and from other websites); or
12.1.4 you have breached any other material terms of these Website Terms.
12.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge 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. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other 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.
14.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
15. ADDITIONAL TERMS
15.3 If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
15.4 These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
15.5 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
15.6 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
16. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England Wales.