Casabella

Casabella - Terms & Conditions

Last Updated 3/8/2022

Casabella WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page (together with our Privacy Policy ) sets out the terms and conditions ("Website Terms") on which we, N/A ("we", "our", “us” or "Casabella") and Just Eat.co.uk Ltd operating as Practi (“Practi”) who provide the underlying technology that powers the Website, provide access to our website through which you order products (together, "the Website").

Please read these Website Terms carefully before ordering any products through the Website. By accessing any part of the Website and/or ordering products through the Website, you agree to be bound by 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 any products through the Website.

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.

Use of your personal information submitted via the Website is governed by our Privacy Policy (available on the Website).

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1 Our company details: N/A of 343 Antrim Road, Belfast BT15 2HF, UK registered in Not Registered with registered number 0.

1.2. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") displayed on our Website from our restaurant. The legal contract for the supply and purchase of Products is between you and us.

1.3 Delivery Services: We may provide delivery services in order to bring the Product(s) you order to you. If so, we may charge you a delivery fee for this service (and this fee is collected via our third party payment processors on the Website).

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: 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 any Products through the Website.

2.3. Revision of terms: YWe may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible 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.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

  • 3.1.1. You are legally capable of entering into binding contracts with us; and
  • 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact us to check that the food is suitable for you, before placing your order directly with us.

3.3. Alcohol, cigarettes and other smoking products:

  • 3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
  • 3.3.2. If your Order includes any alcohol, cigarettes or other smoking products, you may be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to Our satisfaction, or if we reasonably believe that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, we reserve the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the Products you wish to order from our menu and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "confirm your order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with us and errors cannot be corrected (subject to paragraph 4.2. below).

4.2. Amending or cancelling your Order: Once you have submitted your Order if you wish to change or cancel it, please contact us as described in paragraph 1.1. There is no guarantee that we will be able to agree to your request as we may have already started processing your Order.

4.3. Payment authorization: Where any payment you make is not authorized, your Order will not be processed.

4.4. Processing your Order and rejections: On receipt of your Order, we will notify you by SMS 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 SMS that you may receive each confirm that you have a contract for the sale of Products with us but does not necessarily mean that your Order will be fulfilled. We try to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by SMS) as soon as reasonably practicable if we reject your Order. However, we have the ability to reject Orders at any time because we are too busy, due to weather conditions or for any other reason. In doing so, any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.

4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by us and are only estimates. We cannot guarantee that Orders will be delivered or will be available for collection within the estimated times.

4.6. Tipping your order: You may, at your sole discretion, choose to provide a voluntary gratuity to your Order via the available online payment methods (a “Tip”). Unless otherwise specified on our Website, such Tip will be provided to us, the Restaurant, to allocate at our sole and complete discretion.

5. PRICE AND PAYMENT

5.1. VAT and delivery costs: 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 administration or service charge imposed by us. These costs will be added to the total amount due where applicable.

5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or, where indicated on the Website, in cash to us at the point of delivery to, or collection by, you.

5.3. Card payments: If you pay by credit or debit card, you may be asked to show your card to us at the time of delivery or collection as proof of identification and so we can check that the card corresponds with the receipt data for your Order. Please note that from time to time there may be delays with the processing of card payments and transactions.

5.4. Discount vouchers: A discount may be applied to your Order if you use a promotional voucher or code recognized by the Website, endorsed by us and issued for use in connection with placing Orders via the Website (“Voucher”). The possibility to redeem a Voucher will be indicated before you confirm your order. Vouchers are subject to additional terms and conditions that will be specified on the Voucher or at the time the Voucher is issued. Vouchers may only be redeemed towards online Orders from through the Website. You may only use a Voucher in connection with a cash Order where our Website indicates that we accept cash Orders.

5.5. Rejected Orders: 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 authorized, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (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 Restaurant 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.]

6. CUSTOMER CARE

6.1. General: We will try to assist you where possible if you have any problems with your Order. You can contact our team by calling the telephone number shown on our Website.

6.2. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, please contact us as above. However, there is no guarantee that we can agree to your request if we have already started processing your Order.

6.3. Compensation: If you are dissatisfied with the quality of any Products or the service provided by us and wish to seek a refund, a proportionate price reduction or any other compensation, please contact us as described above to lodge your complaint and where applicable, follow our complaint procedures.

7. LICENCE

7.1. Terms of permitted use: 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. You must not misuse the Website (including by hacking or \"scraping\").
  • 7.1.2. 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 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.
  • 7.1.3. 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.
  • 7.1.4. You must ensure that our and our licensor’s status as the author of the material on the Website is always acknowledged.
  • 7.1.5. 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 and/or our licensors to do so.

7.2. Limitation on use: 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 and our licensor’s prior written permission.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. WEBSITE ACCESS

8.1. Website availability: While we and our service providers try to ensure the Website is normally available twenty four (24) hours a day, neither we nor our providers undertake any obligation to do so, and will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, neither we nor our providers can guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For example, where you have chosen a password which allows you to access certain parts of the Services, you are responsible for keeping this password confidential. We will not be liable for any unauthorized transactions entered into using your name and password.

9. LINKS TO AND FROM OTHER WEBSITES

9.1. Third party 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 or 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. DISCLAIMERS

10.1. Website information: 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 functionality, Products and prices described on it, at any time without notice.

10.2. Allergy, dietary and other menu information: We may use ingredients and additives in meals and drinks that could cause allergies and intolerances. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact us directly before placing your order for current allergen information and to verify that the food is suitable. If you are unable to contact us to do this you should not place an order. Please do not use the "leave a note for the Restaurant" (or similar) box for your food allergies or intolerances, please contact us directly.

10.3. Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by us; or (b) representative of the food you receive from us.

10.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it are excluded (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

11. LIABILITY

11.1. General: 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. Exclusion of liability: 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 foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of 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. Limitation of liability: Subject to clauses 10, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

11.4. Additional costs: 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. TERMINATION

12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website 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);
  • 12.1.2. you have breached any other material terms of these Website Terms.

12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

13. EVENTS OUTSIDE OUR CONTROL

13.1. 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").

13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 13.2.1. strikes, lock-outs or other industrial action;
  • 13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • 13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 13.2.5. impossibility of the use of public or private telecommunications networks; and
  • 13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

13.3. 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.

14. ADDITIONAL TERMS

14.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice that is available on our Website.

14.2. Severability: 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.

14.3. Entire agreement: 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.

14.4. No waiver: 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.

14.5. Assignment: 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 of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

14.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

15. GOVERNING LAW AND JURISDICTION

15.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

15.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

II. PRACTI’S ROLE

1. Service provider: Just Eat.co.uk Ltd (operating as Practi) provides the underlying technology that powers and hosts the Website.

2. Product Information: Practi has no control over us, the product and menu information we, the restaurant, make available on the Website (including allergy or other dietary information) or the quality or suitability of the Products or service that we provide.

3. Contract: Practi is not a party to the contract for the purchase of Products (and services if applicable) between you and us and Practi has no responsibility for the supply of Products or services to you. For the avoidance of doubt, Practi does not receive or handle your payment for Orders through the Website at any time.

4. Responsibility: Practi is not able to provide, and has no responsibility or liability for providing, any compensation to you on behalf of us. To be clear, Practi does not provide any customer service support in respect of Orders placed through the Website. If you are not satisfied with your Order, please contact us (the Restaurant) directly using the contact details on our Website.