The Kabin Catering Company Terms and conditions
These terms and conditions are the contract between you and The Kabin Catering Company LTD (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are The Kabin Catering Company Ltd, a company registered in Ireland, number 557471. Our address is Marian Hall, Ballinhassig, Co. Cork, Ireland T12 PN2X
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
1.Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Products from us to you.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Products” means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or
disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
2.Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated € 50 per hour].
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Products advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.
3.5. The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products.
3.6. If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Products in all countries. We may refuse to deliver the Products if you live in a country we do not serve.
4.Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason
AND
4.2. At any time before the Products are despatched, we may decline to supply the Products to you without giving any reason.
4.3. If we do not have all of the Products you order in stock, we may offer you alternatives. If this happens you may:
4.3.1 accept the alternatives we offer;
4.3.2 cancel all or part of your order.
5.Price and payment
5.1. The price payable for the Products that you order is clearly set out on Our Website.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Products until you have confirmed that you wish to buy at the new price.
5.3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
5.5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. If, by mistake, we have under-priced Products, we will not be liable to supply those Products to you at the stated price, provided that we notify you before we dispatch it to you.
5.7. The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 21 days from the date when we accept that repayment is due.
6.Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.Cancellation and refunds
7.1. The following rules apply to cancellation of your order:
7.1.1 If you have ordered Products, but not received them, you may cancel your order without giving a reason, at any time within 5 days of your order. You will have no obligation and we will return your money.
7.1.2 Preparation of your order can begin immediately after your order has been confirmed. We cannot accept cancellations once your order has been confirmed.
7.1.3 In the rare occasion that you do not receive food that is on your receipt, we will make it up to you. Please call us as soon as you notice that any food items were not received in your order. You may cancel the missed food before we prepare it without any question, and we will refund the amount to a credit card, cash refund or we will refund you with a store credit.
7.1.4 All chilled food must be returned at the time of delivery
7.2. Dissatisfaction
7.2.1 We cook our food fresh to order with only the finest and freshest ingredients. We take great care and pride in all of the dishes we make. Please call us immediately if you receive unsatisfactory food caused by a dislike or objects in the food. We will need the food returned in the original container(s) so we may investigate and deal with the issue. We will prepare you a new food order. If you do not wish to receive a new dish, we may refund the amount to a credit card, cash refund or we will refund you with a store credit only after we receive the food in the original container(s) and have confirmed the error.
7.3. Refunds
7.3.1 It is at our discretion to issue a refund if the product is in perfect condition
7.3.2 If the product appears to be spoiled we will issue a refund or exchange
8.Liability for subsequent defects
8.1. We will repair or replace products which show a defect. If you claim that the item is defective, the following conditions apply:
8.1.1 the defect must be reported on the day of delivery
8.1.2 the defect results only from spoilage
8.1.3 you have returned the defective products to us if we have so requested.
8.2. If we agree that we are liable, we will replace the products free of charge.
8.3. If we repair or replace the products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
9.Delivery and pick up
9.1. Products are delivered within 4 days from the day you place an order to purchase the products.
9.2. Deliveries will be made by the The Kabin Catering Company to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.3. If we are not able to deliver your products within 4 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.4. We may deliver the products in instalments if they are not all available at the same time for delivery.
9.5. All products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.6. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
9.7. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or nondelivery.
9.8. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9.9. We are happy for you to pick up Products from our shop
10.Products returned
These provisions apply in the event you return any products to us for any reason except as a result of your cancellation under the Regulations.
10.1. In the case of delivery, Products can only be returned at the time of delivery
10.2. You can return products to us in the shop on the day of purchase if you are not satisfied with the product
11.Disclaimers
11.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
11.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.3. We make no representation or warranty for:
11.3.1 any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;
11.3.2 the adequacy or appropriateness of the Products for your purpose.
11.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
11.5. We shall not be liable to you for any loss or expense which is:
11.5.1 indirect or consequential loss; or
11.5.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
11.6. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
11.7. If you become aware of any breach of any term of this agreement by any person, please tell us by state action required. We welcome your input but do not guarantee to agree with your judgement
12.Your account with us
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We may need this information to provide you with the Products.
12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13.Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
13.1. be malicious or defamatory;
13.2. consist in commercial audio, video or music files;
13.3. be illegal, obscene, offensive, threatening or violent;
13.4. be sexually explicit or pornographic;
13.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
13.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
13.7. solicit passwords or personal information from anyone;
13.8. be used to sell any products or services or for any other commercial use;
13.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
13.10. link to any of the material specified above, in this paragraph.
13.11. send age-inappropriate communications or Content to anyone under the age of 18.
14.Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
14.1. hyperlinks, other than those specifically authorised by us;
14.2. keywords or words repeated, which are irrelevant to the Content Posted.
14.3. the name, logo or trademark of any organisation other than yours.
14.4. inaccurate, false, or misleading information.
15.How we handle your Content
15.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is in the privacy policy
15.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
15.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
15.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
15.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
15.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
15.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15.8. Please notify us of any security breach or unauthorised use of your account.
16.Removal of offensive Content
16.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
16.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
16.3. If you are offended by any Content, the following procedure applies:
16.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
16.3.2 we shall remove the offending Content as soon as we are reasonably able;
16.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
16.4. We may re-instate the Content about which you have complained or not.
16.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
16.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17.Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
17.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
17.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
17.3. download any part of Our Website, without our express written consent;
17.4. collect or use any product listings, descriptions, or prices;
17.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
17.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
17.7. share with a third party any login credentials to Our Website.
17.8. Despite the above terms, we now grant a licence to you to:
17.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
18.Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
18.1. your failure to comply with the law of any country;
18.2. your breach of this agreement;
18.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
18.4. a contractual claim arising from your use of the Products;
18.5. a breach of the intellectual property rights of any person.
19.Intellectual Property
19.1. We will defend the intellectual property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:
text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
19.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
19.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
19.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20.Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.
The following terms apply in the event of a dispute between the parties:
20.1. If you are not happy with our services or have any complaint then you must tell us by email message which you will find on Our Website
20.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
20.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
21.Miscellaneous matters
21.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2. Where we provide products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
21.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
21.7. So far as the law applies, and unless otherwise stated, this agreement does not give any right to any third party.
21.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
21.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.10. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.