Terms and Conditions
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IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which we provide our services. Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
1.1 Peking Hors D’oeuvre provides a way for you to place your orders for takeaway online via our website and our app.
1.2 If your order is taking longer than expected or you have any other problems with your order you can contact us via telephone 01245 354584
1.3 Customer satisfaction is extremely important to us. In the unlikely event that you are dissatisfied with the quality of food ordered through this website. Please note that any complaint must be lodged with us on the same day of placing the order.
1.4 Peking Hors D’oeuvre may revise these Website Terms at any time. You should check this 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 order products from us.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 if at any time prior to you clicking on the 'proceed' button, you decide that you do not wish to proceed with your order, you should close the application window.
2.2 On receipt of your order, Peking Hors D’oeuvre will begin processing your order and we will confirm that your order has been received and that your order is being processed. However, we have the discretion to reject orders at anytime, if too busy, too far, bad weather conditions or any other reasons.
2.3 Amending and cancelling your order: Once your order is submitted if you wish to change contact us. However, there is no guarantee that we will be able to agree if the order is already started. Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order.
2.4 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.5 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
2.6 Collection and delivery of your order: times for collection and delivery are estimate only and are not guarantee time that the order will be available.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery charges, which will be added to the total amount due where applicable or collected by the delivery person.
3.2 Payment for all orders made be by credit or debit card as stated on this Website or in cash at the point of collection or delivery to you.
3.3 Your payment is processed under a secured page of Global Payments Inc in the UK, which acquired HSBC Merchant service, is one of the country’s largest card processing provider.
3.3 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
4. LICENCE
4.1 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.2 You must ensure that Peking Hors D’oeuvre status as the authors of the material on this Website must always be acknowledged.
4.3 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from Peking Hors D’oeuvre to do so.
4.4 No part of this 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.
4.5 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While Peking Hors D’oeuvre tries to ensure this Website is normally available twenty four (24) hours a day, we will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. DISCLAIMER
6.1 While Peking Hors D’oeuvre tries to ensure that information on this Website is correct; we do not promise it is accurate or complete. We may make changes to the material on this Website, or to the services and prices described in it, at any time without notice.
6.2 Peking Hors D’oeuvre provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
6.3 Allergy, dietary and menu information: Peking Hors D’oeuvre goes to great effort to provide accurate information, item names and descriptions on the menus. If you are in doubt about allergy warnings or contents of a dish, contact us to confirm with us directly prior to ordering.
6.4 Estimated times for deliveries and collections: we do not guarantee that orders will be delivered or collected within the estimated time.
6.5 We have the discretion to reject of any order at anytime if too busy, too far, bad weather conditions or any other reasons.
7. LIABILITY
7.1 Peking Hors D’oeuvre exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
7.2 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Peking Hors D’oeuvre negligence, nor Peking Hors D’oeuvre's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
8. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
9. ADDITIONAL TERMS
9.1 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 Policy. You should review our Privacy Policy, which is incorporated into these Website terms by this reference and is available here.
9.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
9.3 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.
9.4 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.
9.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
10. YOUR STATUS
10.1 By placing an order through our Website or our app, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using 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 our 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.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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 (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control 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, 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; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
13. SEVERABILITY
If any of these terms and conditions 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. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
PRIVACY & SECURITY POLICY
Peking Hors D’oeuvre is committed to respecting the privacy rights of all visitors to www.Pekingchelmsfordtakeaway.co.uk.and will only process personal data in accordance with the Data Protection Act1998.
Please read the following privacy policy which explains how we use and protect your information.
1 INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website or make an order through the Website, you may be asked to provide information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of the Website and information about you from the messages you post to the Website and the e-mails or letters you send us.
2. USE OF YOUR INFORMATION
2.1 Your information will enable us to provide you with access to the relevant parts of the Website and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning our services. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business and for any other statistical or analytical purpose.
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
2.3 Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc) as well as by e-mail.
2.4 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in Section 7 below and/or amending your profile accordingly.
3. DISCLOSURE OF YOUR INFORMATION
3.1 The information you provide to us will be transferred to and stored on our servers in the U.K. However, we will always take steps to ensure that your information is treated in accordance with our privacy policy.
3.2 We need to allow carefully selected third parties, including those that process credit card information to contact you if necessary to fulfil your order.
3.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5 We may use the information that you provide to us to comply with any legal obligation; or in order to enforce our Website Terms and any other agreement.
4. COOKIES
Cookies are small amounts of information which we store on your computer. Unless you have told us you object, our system will issue cookies to your computer when you use the Website (whether you are a registered or non-registered user). Cookies make it easier for you to log on to and use the Website during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you do that, you may not be able to use some features on the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
Your browser also generates other information, including which language the site is displayed in, and your IP address. An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally.
We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above.
5. SECURITY AND DATA RETENTION
5.1 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
5.2 Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6. CHANGES TO OUR PRIVACY POLICY
Any changes to our Privacy Policy will be posted to the Website.
7. CONTACT
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to pekingtakeaway@sky.com