Terms & Conditions
INFORMATION ABOUT US
Company Details: ediner.co.uk is a website operated by Keevox Ltd, (*we* or *us* or *Ediner*) incorporated and registered in England and Wales, whose registered office is at 71–75 Shelton Street, London, WC2H 9JQ. Our company registration number is 10721330.
About Us: Ediner is a business where we deliver to you, food that is prepared by independent restaurants (our *Partner Restaurants*). We link you and our Partner Resturaunts, allowing you to view and order foods and drinks from the menu provided by them. In doing so, Ediner markets the foods and drinks on behalf of our Partner Restaurants, concludes orders on their behalf and delivers the meals to you.
Ediner offers an ordering and delivery service from our Partner Restaurants within the city of Nottingham and Birmingham. Each Partner Restaurant has a prescribed delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.
When you place an order through our Website, an email thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the "Confirmation Email") will be sent to you by us on behalf of the Partner Restaurant. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Ediner seeks to provide a quality service and will be the first contact in event where there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals by emailing or calling us.
All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Ediner cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
AVAILABILITY AND DELIVERY
Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
Customers can cancel an order by contacting the Ediner.
You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order").
Ediner and the Partner Restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause.
Any payment made prior to an order being cancelled by Ediner or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order (usually around 20 minutes) will be charged to you. Ediner alone will determine whether an order is a Started Order or not.
If, in extreme cases, an order has still not arrived after 1 hour and 30 minutes, and you decide to cancel, you will be refunded the whole amount.
PRICE AND PAYMENT
The price of any Meals will be listed on our Service. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing
issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Ediner and is subsequently passed on by Ediner to the Partner Restaurant. We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant. When we make a delivery, we may at our sole discretion charge you a payment processing fee ("Delivery Fee") which will be notified to you before you complete your order.
To the extent permitted by law, Ediner provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Ediner nor any Partner Restaurant shall have have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Ediner or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Ediner’s or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Ediner nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
LAW AND JURISDICTION