&Dine Customer Terms of Use
Welcome to &Dine. This page (together with the documents referred to in it) tells you the terms (the “ Terms ”) which apply when you order any menu items (the "Items" ) from our website or mobile applications and related services (each referred to as an “Application” ).
Please read these Terms carefully before creating an &Dine account or using our Application. If you have any questions relating to these Terms please contact hello@anddine.co.uk . If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/ . Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your &Dine account, you confirm that you accept these Terms.
1. Information About Us
anddine.co.uk is operated by &DINE Ltd, a company incorporated and registered in England and Wales, whose registered office is at 2nd Floor, Connaught House, 1-3 Mount Street, (Entrance Via Davies Street), London, United Kingdom, W1K 3NB. Our Company registration number is 12713508. You may contact us at hello@anddine.co.uk
2. Purpose
Our objective is to link you to the businesses we partner with (“ Partners ") and allow you to order Items for delivery (our “ Service ”). Where you order from a Partner, &Dine acts as an agent on behalf of that Partner to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, delivery of your Items will be arranged by &Dine (the “ Delivery ”).
3. Your Account
Before you can place orders for Items using our Application, you need to open an &Dine account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or riders, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
4. Service Availability
Our Partners’ availability, both with respect to delivery area and lead time for orders, is set out in the Application. All Items are delivered cold. The availability of our Service, and the range of Partners from which you can order, depends on the Partners in your area and their capacity. If they are unable to satisfy your order you will be notified.
5. Orders
You must be aged 18 or older to use our website and Services. By placing an order through our Application, you confirm that you are aged 18 or older.
When you place an order through our Application, it needs to be accepted by us or the Partner before it is confirmed. We will send you a notification if your order has been accepted (the " Confirmation Notice "). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else.
Where a minimum order value policy applies, this will be displayed on our Application. All Items are subject to availability. Partners may use nuts or other allergens, dairy products or regional spices in the preparation of certain Items. Increasing numbers of Partners will be displaying dish by dish allergens information, together with other ingredients. Where that information is not available or if you have further questions, please contact the Partner prior to ordering if you have an allergy. &Dine cannot guarantee that any of the Items sold by our Partners are free of allergens; and if you have a severe allergy &Dine would advise you not to order via the Application.
6. Delivery
When you place an order you will be notified of the available delivery time period. The Confirmation Notice will state the day on which the Item is expected to be delivered, between the hours of 10am and 6pm. Once the delivery has been despatched, you may track your delivery via the Application to find out an approximate delivery time; however, you must be available to accept delivery for thirty minutes before and thirty minutes after that time.
It is important that you always check our Application for accurate delivery times, as this can vary for a number of reasons including traffic and weather conditions and delivery availability. Please ensure that someone is available to accept delivery, or alternatively if you need the delivery to be left in a safe place please note that your order contains chilled food, so any safe place must also be cool. If your order contains dairy products, or other heat sensitive products, it is your responsibility to ensure that your delivery remains cool at all times prior to use.
Unfortunately, despite our, and our Partner's best efforts, things do not always go to plan and factors may prevent us from delivering your Item on time. If your order is more than one hour later than the end time for delivery that we communicated to you in the Confirmation Notice, and we have not notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know within 4 hours of the order being placed. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the delivery has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
- You do not come to the door, did not pick up the phone when the delivery contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the delivery is unable to find a safe location to leave the food.
7. Your Rights if Something is Wrong With Your Items
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph or other evidence showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner.
8. Cancellation
You may cancel an order without charge at any time before the Partner has started preparing the food (a " Started Order "). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner confirms the order was not a Started Order, we will refund your payment. If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the delivery has been despatched you will also be charged for delivery.
&Dine and the Partner may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
9. Prices and Payment
Prices are not currently subject to VAT, but in the event of a change in applicable legislation then prices would be adjusted to include VAT. You confirm that you are using our Service for personal, non-commercial use. Prices may change at any time at the discretion of &Dine or the Partner. We reserve the right to charge a Service Fee (which may become subject to VAT), which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application.
No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply.
If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where &Dine makes a delivery, we may also charge you a delivery fee. This will be notified to you during the order process before you complete your order. The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by &Dine. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to &Dine acting as agent on behalf of the Partner only.
We are authorised by our Partners to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner.
10. Our Responsibility for Loss or Damage That You Suffer
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
11. Data Protection
We process your personal data in accordance with our Privacy Policy which can be found here .
12. Other Terms
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
We may transfer our rights and obligations under these Terms to another organisation, however you need our consent to transfer your rights to someone else. If a court finds part of this contract illegal, the rest will continue in force. Even if we delay in enforcing this contract, we can still enforce it later.
These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts.