Terms of Service
TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which our business supply products to you, whether in store or by phone, via our websites (notts.kitchen) and via our mobile, tablet or other applications.
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact Notts.Kitchen using our email [email protected] before you place an order.
Your use of our Sites, and any orders you place, is governed by our Terms of Use and our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
Our Sites are operated by
ITS NOTT JUST FOOD OPCO LTD
Sherwood Enterprise Centre
486 Mansfield Road,
Nottingham,
England,
NG5 2FB
[email protected]
SERVICE AVAILABILITY
Subject to minimum delivery spends our Premise offers a delivery service to certain prescribed areas of Nottingham to ensure that our products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have our products delivered to your door although you may collect any products you order from our Premise.
For the safety of our third-party delivery service their drivers will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
ORDERING
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
If you place an order via our Site, you will be presented with confirmation via an email that your order has been received and accepted by Notts.Kitchen. Your contract with the Notts.Kitchen is only formed when you have received this email confirmation.
Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfill your order. Please also ensure that, where you have placed an order for collection, you have ordered from our correct Premise.
If you place an order at our Premise, your contract will be formed when you receive your receipt of purchase.
Although NOTTS.KITCHEN always endeavors to provide the best deals, offers and savings, this may not always be possible due to the extremely large number of possible permutations that could be available for any one transaction. NOTTS.KITCHEN does not warrant, express or imply that we shall provide customers with the best deals, offers and savings at all times when ordering.
In the unlikely scenario that you place an order on our Site for collection from a Premise that is unable to fulfill your order, for example, if the Premise is closed or if you order a product that is not available at a specific time, your order will be refunded. You should check your order confirmation email carefully before traveling to collect your order.
PRODUCTS
All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item.
We highlight the does contain allergens on all our dishes , however, some ingredients are produced in factories that handle other products so may contain allergens.
Our Premise is a busy working environment and there is a risk of cross-contamination between foods. If you have an allergy we kindly ask that you add your specific allergies in the notes section when confirming your order and one of our team will contact you directly to discuss further.
We do have a number of options available for vegetarians which are indicated on our menus. We also have procedures in place for making food that is suitable for vegetarians and have a dedicated preparation or cooking area in our stores for vegetarian food.
We have strict procedures in place for making food that is suitable for vegans and have a dedicated preparation or cooking area in our stores for vegan food. If you order a vegan food the store will do our utmost to ensure that the risk of cross-contamination with your order is minimised.
Great care is taken in the preparation of all our products; however, we cannot guarantee that all bones from meat products have been removed and some may remain.
Some products may have been previously frozen.
Our Partners are aware of the strict procedures we adhere in our preparation and cooking and they do their utmost to ensure that the risk of cross-contamination is low on the products they provide to be sold through Notts.Kitchen. But Notts.Kitchen doesn’t take any responsibility if they don’t follow the same strict procedures that are adhered to in the Premise when preparing and cooking their products.
AVAILABILITY AND DELIVERY
We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors outside of our control such as the weather and traffic conditions may occasionally prevent us from achieving this.
Our Premise offers dispatch and collection times. We will do their best to fulfill your order by the dispatch and collection times displayed to you. However, these timings are estimates only and we do not guarantee the accuracy of these. This means that you won’t be entitled to cancel your order or claim compensation if your order isn’t fulfilled by dispatch or collection time quoted. Should you be unsatisfied with your order you can follow the standard process available to all customers and contact our Customer Services team via our email [email protected].
Delivery isn’t easy - that’s why we have enlisted the services of expert third party delivery services to deliver our food. We trust the experts as it allows us to maintain high standards and ensure that you are delivered a piping hot food.
Our Premise will do its best to fulfill and dispatch your order in accordance with the date and time confirmed to you at the time of your order.
If your order is for delivery and you have requested delivery ‘asap’, our Premises will do its best to fulfill your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances facing the store at the time. For a real time update of your delivery, you can click on the tracker link sent to via text.
Delivery charges are included when you place your order. Please ensure you understand these before you proceed with your order.
CANCELLATION
You have the right to cancel an order by contacting the Premises up until either:
a. in the case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or
b. in the case of same day orders and deliveries, within a reasonable time prior to any food being used to start preparing your order.
If you wish to cancel an order after food has been used to start preparing it, you may, at the Premises discretion, be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that we need to cancel your order after it has been accepted, Notts.Kitchen will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for any orders we cancel. Any payment made prior to an order being cancelled by us will typically be reimbursed using the same method originally used by you to pay for your purchase.
PRICE AND PAYMENT
Prices are as quoted on our menus, these may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT.
Payments, for orders placed via the Site and at our Premise, are made directly to us.
OUR LIABILITY
If fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
However, are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you, us at the time of your purchase.
We only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any liability which cannot legally be limited or excluded.
WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email, Social Media or provide you with information by posting notices. For contractual purposes, you agree to 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.
If you wish to contact us at any time, you should contact via our email [email protected].
EVENTS OUTSIDE OUR CONTROL
We 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 (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of us and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks;
f. the acts, decrees, legislation, regulations or restrictions of any government; or
g. non-performance by suppliers or subcontractors.
WAIVER
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive a default by you, this will only be done in writing, and will not mean that we will automatically waive any later default by you.
SEVERABILITY
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
ASSIGNMENT
We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our Partners, whether oral or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
THIRD PARTY RIGHTS
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
FOOD HYGIENE RATING
Our Food Hygiene Rating displayed in our Premises.
WEBSITE AND APPLICATIONS TERMS OF USE
These terms of use set out the terms on which you may make use of the website (Notts.Kitchen) and mobile, tablet and other applications that we have created, whether as a guest or registered user. Use of our Sites includes accessing, browsing, or registering to use the Site.
Please read these terms of use carefully before you start using our Site, as these terms will apply to your use of our Site. We recommend that you print a copy for future reference.
By accessing, browsing and using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use any of our Site.
Your use of our Site, including any orders you place, is governed by our Terms and Conditions of Sale and our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
INFORMATION ABOUT US
ITS NOTT JUST FOOD OPCO LTD
Sherwood Enterprise Centre
486 Mansfield Road,
Nottingham,
England,
NG5 2FB
[email protected]
ACCESSING OUR SITE
Our Site is made available free of charge for your personal use.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Our Site, and its content, functionality and design, are protected in the UK and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are either used by us under license or owned by us. All such rights are reserved.
You may not distribute, reproduce, modify, transmit, reuse, re-post or use our Site, or the content, functionality or design of our Site (or any part of each) in any manner whatsoever, except as provided in these terms of use or the text on our Site or within the terms of any written permission granted by us in advance of such use (and in respect of which we neither warrant nor represent that your proposed use will not infringe any third-party rights).
You may print off one copy, and download extracts, of any page(s) from our Site for your personal use provided that (a) you do not remove or alter any copyright and other proprietary notices contained on the materials and (b) all use is for lawful purposes only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you download any software from our Site, the software, including all files, images, contained in or generated by the software and accompanying data (together, the “Software”) are licensed to you by us. The ownership of any such Software shall but remain with us. You may not resell, de-compile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form. Either of us may terminate the license at any time immediately with or without notice and on such termination you must destroy all materials including (but not limited to) the Software obtained from the Site and all copies.
If you would like to request permission to use photography or other content from our Site, please contact ([email protected]).
OWNERSHIP OF TRADE MARKS
The trademarks and logos displayed on our Site include the registered and unregistered trademarks of us and our licensors. Nothing in these terms of use may be construed as granting any license or right to use any of those trademarks without the prior written permission of us or our licensors. Any use of the trademarks, except as provided in these terms of use, is strictly prohibited.
VIRUSES
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site are stored, or any server, computer or database connected to our Site.
You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you are committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
EXCLUSIONS OF LIABILITY
The materials contained in or displayed on our Site is provided “as is” and without warranties or representations of any kind either express or implied. We disclaim all warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the content and information displayed on our Site is error-free, accurate, complete and up-to-date, or that it does not infringe the rights of any third party.
We will not be liable for any damage or injury howsoever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission or line failure. We will not be liable for any damage or injury that results from your use of, or inability to use, the materials on our Site howsoever caused.
We use reasonable efforts to ensure that our Site are free from bugs, viruses and other malicious content; however we do not guarantee that our Site are secure. You are responsible for configuring your information technology, computer programs and platform in order to access our Sites. You should use your own virus protection software.
We and any other party involved in producing or delivering our Site shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our Site, or from your use/misuse of our Site or the use/misuse by any person for whom you are responsible or from your violation of these terms of use.
WHO OWNS THE MATERIAL YOU SEND TO US?
Any communication or material you transmit to our Site by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and non-proprietary but we shall comply with our Privacy Policy in respect of any personal information we receive from you.
Anything you transmit or post shall, subject to our Privacy Policy, become our exclusive property which may be used by us and selected third parties performing services on our behalf at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to our Site, to our Social Media profiles, or tag us in, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
In addition, depending on how you submit your communication to us, we may include your social media details, this includes, but is not limited to Facebook, Twitter, Instagram or Tik Tok profile name, Google user name, email user name or any other user name (but not your email address) with any publication or re-publication of the contents of your communication.
The views expressed in any user generated content on our Site are the opinions of those users and do not represent our views, opinions, beliefs or values.
LINKS TO OTHER WEBSITES AND APPS
Where our Site contain links to other site and resources provided by third parties, these links are provided for your information only. We are not responsible for, or control or endorse, the content of any websites and applications linked to our Site. We will not be liable for any loss or damage that may arise from your use of them.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
THIRD PARTY RIGHTS
Only you and we shall be entitled to enforce these terms of use. No third party shall be entitled to enforce any of these terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
LAW, JURISDICTION & LANGUAGE
These terms of use and any matter that arises out of your use of our Site shall be governed by English law. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction. All contracts shall be construed in English.
You are responsible for compliance with applicable local laws relating to your use of our Site. To the extent that our Site or any activity contemplated by them would infringe any law of a jurisdiction other than England, you are prohibited from accessing our Site or attempting to carry on any such offending activity and this provision shall override all other provisions of these terms of use.
CONTACT US
You can contact us using our email [email protected] Thank you for visiting our Site.
PRIVACY NOTICE
Last updated on 20 November 2020
Notts.Kitchen is committed to the security of our users’ data and we provided multiple layers of protection for the personal and business process information you can trust using our partner ICRTouch. Security processes are in place to protect data relevant to the EU GDPR and UK Data Protection Bill.
We provide this privacy statement explaining our online information practices, so that you can decide whether and how to interact with the Site and the Services.
We may release your information when we deem it appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
This online privacy policy applies only to information collected through our website and not to information collected offline.
Please also review our Terms of Use section that governs the use and the users of the Site.
If you do not want your data to be used as set out in this privacy notice, you should not use our Site.
Your use of our Site, including any orders you place, is governed by our Terms and Conditions of Sale and our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
WHO ARE WE?
ITS NOTT JUST FOOD OPCO LTD
Sherwood Enterprise Centre
486 Mansfield Road,
Nottingham,
England,
NG5 2FB
WHAT INFORMATION DO WE COLLECT AND WHY DO WE COLLECT IT?
Contact Data and Other Identifiable Information
This site collects certain user information, which may include a username and password, contact information, or any other data that you input into the site. It may also identify your IP address to help identify you on future visits to the site. At our discretion, the Site may use this data to:
• ● Personalise the user experience and/or customer service
• ● Improve the site
• ● To process transactions
• ● Administer a contest, promotion, survey or other site feature or function
• ● Send email to users
• ● Help the site owner operate and manage the site
The site will only share such user data with these third parties in the aggregate, using collected data reporting on user activity and data that the site collects, but not identifying individual users. Information limited to or identifying individual site users will not be shared.
Mobile Device Privacy
The following applies to our site, when viewed on a mobile device:
When accessed with a mobile device, our site may collect information automatically, such as the type of mobile device you have, device identifiers, and information about your use of the site. Regardless of the device you use to access the site, it will also collect information you provide, as well as information about your interaction with the site and its content. If location services are activated on your mobile device, our site may collect information about the location of your device.
Your mobile network service providers may collect device-specific information, such as a device identifier, when you use our website or one of our mobile applications. This information collected by your mobile network service will not be associated with your user account with us, or with your personally identifiable information.
Protection of user information
The following data may be requested:
Name
This is used to link the order to yourself.
Telephone Number
This will be used for contact by the store in the event that any issues arise or there are any queries with your order.
Email Address
This will be used to send order confirmation, order status notifications and receipt for payment.
Physical Address
This will be used if there is a need to arrange delivery.
Some personal data, such as names, may be collected by Notts.Kitchen, which will we store within our own EPoS system. The collection and storage of this information is determined by the user and is therefore covered by the user’s own data privacy notice.
Payment card information can be saved for quicker payments on repeat purchases. In this instance, a unique identifier token is created and stored on the customers device and is passed on to the payment gateway at checkout. This information is stored on our ICRTouch servers and can only be used by Notts.Kitchen. ICRTouch will store the last four digits of the card’s PAN number and expiry date to display to the end user as a means of identification of multiple cards. Customers can remove their stored cards at any time. This will remove the stored information on the ICRTouch servers. A “last used” date is stored against the card tokens and ICRTouch will delete tokens that fall outside our defined expiry period on a periodic basis.
Other information may optionally be stored on the end user’s device to facilitate subsequent orders and can be removed via the “forget me” feature.
Permissions
Our app only requires internet access. No other access permissions are required.
Our application does not collect, store or transmit personal data to ICRTouch (IOW) Ltd or its servers.
Some personal data, such as names, may be collected by us which could be stored within the our own EPoS system.
Permissions
The application does not collect, store or transmit user usage data. The application does not access contacts or photos or other APIs within the device. The device’s camera is used to read barcodes, the photo is not stored and the device file system or gallery is not accessed to retrieve or display the photo.
General Terms
Contracting Entity
For all services you are contracting with Notts.Kitchen which is ICRTouch Authorised Partner and you subject to Notts.Kitchen contract terms.
Analysis and Statistics
Notts.Kitchen may use the data it collects about you for analysis and statistical purposes, for example, to analyse how many users place orders at a particular time, food and drink splits etc.
Request for Information
Individuals have a right to request the information that Notts.Kitchen holds about them.
Individuals will can request information from Notts.Kitchen by sending request to [email protected] and we will contact ICRTouch to gather this.
Session Storage
The services use local memory and disk-based storage to hold session data. The Site uses session storage to recognise and keep certain information. On the Site, that information may be used to recognise your computer and browser from current or past visits to the Site or related sites. We may use this cookie-captured information to improve our service to you, to aggregate information about visitors to the Site and their behaviour, to remember and process items, to understand and save user preferences. We may contract with third-party service providers to assist us in better understanding our site visitors.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account if a valid email is requested but is not provided by the User. If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone or that is likely to cause confusion with any other person or entity.
The Site reserves the right to cancel a User account or change a username or profile data at any time. Similarly, if the Site prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion. You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long and contains at least one letter and one number. Passwords can be between 3 and 15 characters and can contain 0 to 9, a to z, A to Z or -@~#_. Passwords information is secured via a 1-way hash within the database for enhanced security, so we never hold passwords directly within the system. You are responsible for all activity on your account, whether or not you authorised it. You agree to inform us of unauthorised use of your account, by email to your ICRTouch authorised partner. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, or other appropriate measures.
Disputes
We are based in England and you are contracting to use our Site. This Policy and all matters arising from your use of the Site are governed by and will be construed according to the laws of England and Wales, without regard to any choice of laws rules of any jurisdiction. The courts that have geographical jurisdiction over disputes arising at our office location in Newport, Isle of Wight will be the only permissible venues for any and all disputes arising out of or in connection with this Policy or the Site and Service.
Terms Contact
If you have any questions about these Terms, please address these to [email protected]