Indulge In (a trading name for Indulge In Food Ltd), which is a company registered in England and Wales under company number 11146144, with its registered office at 59 Birrell Road, Nottingham, NG7 6LU (“Indulge In”, “we”, “us” or “our”).
- Understanding these Terms and Conditions
1.1 These terms and conditions (“Terms and Conditions”) have been kept as simple as possible. To keep it simple, we’ve divided them into three parts:
1.1.2 part 2: the terms of sale (“Terms of Sale”). These set out the terms on which you may order the products available on Website (“Products”). The Terms of Sale will become binding on you when you submit an order for Products via the Website; and
1.2 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 When we refer to “we”, “us” or “our”, we mean Indulge In Food Limited. When we refer to “you” or “your” we mean you, the person accessing or using the Indulge In Website.
2 The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.
2.4 You may only use the Website for your own domestic, private and non-commercial use.
3. Your account and password
3.1 You will need to register an account with us on the Website in order to access certain services available on the Website (“Account”). If you register an Account, you will be asked to provide your email address and create a password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. It is best practice to create different passwords for each account.
3.1.1 You must be at least 17 years old to register an account.
3.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected]
3.4 You are responsible for any unauthorised use of your Account login details.
3.5 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 any other good reason). If we close your account permanently you will forfeit any points accrued. We will refund any remaining account credit and you have validly obtained, 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. Acceptable use
4.1 You agree not to:
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
User Generated Content
4.2 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content”) must comply with the following rules:
4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2 it must not harass or bully another person;
4.2.3 it must be true and honest so far as you know;
4.2.4 it must not be defamatory of anyone;
4.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.1 comment facilities;
4.4.2 chat rooms; and/or
4.4.3 bulletin boards,
(together “Interactive Services”).
4.5 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.6 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
4.7 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.8 You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 the Website will cease immediately.
5. Intellectual property
5.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Indulge In name and mark and Indulge In’s product names, images and packaging. This includes all Brands, subsidiaries that Indulge In operates. These works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our Products. In particular, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our services and Products for any purpose including in relation to the promotion of our services and Products.
6. Our liability
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5 We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
PART 2: TERMS OF SALE
7. Ordering Products
7.1 You may order via the Indulge In Website or Telephone for home delivery by us (“Delivery Orders”), or for collection from our kitchen (“Collection Orders”) each an “Order”.
7.2 You may also order Products via a 3rd party platform such as Just Eat for home delivery. In order to submit a 3rd party platform order, please follow the process set out on the 3rd party platforms’ website. If you submit a 3rd party platform Order, your order will be subject to the terms and conditions of the 3rd party platform at the time that you submit your order.
7.3 You must be at least 18 years old to place an Order.
7.4 In order to submit a Delivery Order or Collection Order on the Website. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately and you may not be able to correct any errors (see clause 10 for further details).
7.5 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order (the “Confirmation Email”). These Terms of Sale, the General Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and General Terms and shall be a new and separate contract between you and us.
8. Delivery and Collection
8.1.1 Please note that all delivery times are estimates and the actual delivery time may vary from this estimate. You should also be aware that if you change your delivery address following submission of an Order this may lead to a significant delay in your delivery time.
8.1.2 You must ensure that we and/or our contracted delivery drivers have such access and parking facilities as may be reasonably required to carry out the Order;
8.1.3 When you place an Order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, you must be available to accept delivery for ten minutes before and ten minutes after the selected time window
8.1.4 Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Order on time. If your order is more than 30 minutes late, and we haven’t 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).
8.1.5 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 if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally arranged delivery to. 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 Order, and if the driver has been despatched you will also be charged for delivery.
8.1.6 You will still be charged for the Order 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):
184.108.40.206 If, during delivery of an Order, you or your authorised representative as specified in your Order (as appropriate) fail to take delivery of the Products within five (5) minutes of our delivery driver’s arrival You did not pick up the phone when the driver 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 driver is unable to find a safe location to leave the food. In these situations, the delivery shall be aborted and you will not receive a refund for your Order.
8.2.1 Please note that all Collection times are estimates and the actual time your Order is ready for Collection may vary from this estimate. You should also be aware that if you change any details, or Products following submission of an Order, this may lead to a significant delay in your Collection time.
8.2.2 You will still be charged for the Order 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):
8.2.3 When your Order is ready for Collection, a text message shall be sent to inform you it’s ready for Collection. If you fail to collect your Order within 15 minutes of this text message. Your Order will be a Failed Collection and you will be charged for the full price of the Order
8.3 If your payment is not authorised, your Order will not be fulfilled.
9.1 The prices for the Products and (if applicable) for delivery are set out on the Website (as applicable). Please note that if your Order is below a minimum value, an additional charge, as set out on the Website during the ordering process, may also apply.
9.2 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
9.3 If your payment is not authorised, your Order will not be fulfilled.
9.4 Discounts or promotions are available on the Website**
- Cancellation and refunds
10. Cancellation / Changes to an Order
10.1 Please note that you do not have a right to cancel any contract for Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
10.2 However, you may request that your Order is cancelled or changed after it has been submitted, but this will only be possible before the kitchen has received the Order. This can be done by calling 0115 772 2646 by telephone using the details set out in clause 18. No refund will be permissible if the attempt to cancel is made after the kitchen has received the Order.
10.3 If you cancel or change your Order, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting 0115 772 2646 (see clause 18 below for the contact details). We will process refunds within ten (10) working days.
Your rights if something is wrong with your Order10.4 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 Products you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Products. We will investigate whether there have been any problems in our kitchen and during delivery, which would have caused the problem. Where we believe the problem was caused before delivery, we will provide a refund or account points in respect of the affected part of the Order, 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. Or we believe the claims to be unsubstantiated. In cases where we are unable to
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, when the problem was raised, including your account history, what happened on delivery and whether all processes were followed in the kitchen..
10.5 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by contacting 0115 772 2646 (see clause 18 below for the contact details).
11.1 We endeavour to provide information on any allergens that the Products may contain on the Website, but please note that:
11.1.1 because all Products are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Products will not contain any allergens;
11.1.2 the kitchen is a busy working environment and there is a risk of cross-contamination between ingredients;
11.1.4 for Orders, customers with special dietary needs should contact 0115 772 2646 (see clause 18.3 below for the contact details) before they place their order to allow staff to take all reasonable precautions to avoid cross contamination; and
11.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.
12.1 Nothing in these Terms of Sale excludes or limits our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation; and
12.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
12.2 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
12.3 We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order. Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
12.4 We only supply Products for domestic and private use. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 Notwithstanding clause 12.2, and subject to clause 12.1, our maximum liability to you under these Terms of Sale in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
PART 3: GENERAL TERMS
13. Your personal information
14. Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms of Sale applicable at the time of your Order will apply to that Order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Indulge In Website and/or order Products.
15. Other important information
15.1 Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
15.2 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 if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
16. Governing law and jurisdiction
16.1 These Terms and Conditions are governed by English law. This means that your access to and use of the Indulge In Website, your purchasing of Products, and any dispute or claim arising out of or in connection therewith will be governed by English law.
16.2 You can bring proceedings in respect of these Terms and Conditions in the English courts. However, as a consumer, if you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Conditions in either the Northern Irish or the English courts.
16.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including clause 17.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
17. Contacting us
17.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurence in the future. You can contact us on [email protected]
17.2 If you need to contact our Kitchen Team in relation to an Order, please call 0115 772 2646
Terms and Conditions last updated August 2019
All information will be held and used in accordance with the Data Protection Act 1998 (the “Act”). If you want to read more about the “Act”, you can do so here: https://www.gov.uk/data-protection/the-data-protection-act
1. What information will Indulge In collect about me?
When you visit our “Site” (on a mobile device, tablet or desktop), you may provide us with information personal to you, such as your name, your address, your email address, your mobile phone number (your “Information”). You may provide additional “Information” if you wish.
You may provide us with “Information” in a number of ways:
1) by subscribing to receive email or SMS communications from us.
2) by placing an Order using our online ordering service. When you place an Order online we may collect information such as what items you’ve browsed, your favourite orders, if you’ve applied any dietary filters
3) by inputting your credit or debit card details or Stripe account – but only in order to complete a transaction
4) by corresponding with our team by email, live chat, in writing, on social media or telephone, in which case we may retain the content of your emails, letters or conversations together with your title, name, email address, the social media username that you’re using, telephone number and our responses. You may provide us with additional “Information” if you wish.
We also collect information about your device, including (where available) your IP address, operating system and browser type, the geographical location of your device, the pages on our “Site” or app that you visit and in what sequence, and the date and length of your visit. This information is aggregated and it does not identify you as an individual. We do this to help improve your experience on our “Site” and app.
2. What is Indulge In cookies policy?
What are cookies?
What information is collected and how do we use it?
Two different types of cookie are used on our “Site”: Strictly Necessary Cookies and Performance Cookies.
Strictly Necessary Cookies are essential for you to use our “Site”. They’ll only be stored for the duration of your visit. Without them, you may not be able to move around certain parts our “Site” or use some of its features. We use these cookies to:
Allow your device to be recognised so that any page changes, items or data selections are remembered on your visit; and
Detect software on your device which enables certain content on our “Site”.
Performance Cookies aren’t essential but they provide us with useful anonymous information about how our customers use our “Site”. Without them, it would be difficult for us to understand how our “Site” is performing and we may miss out on the opportunity to make improvements that could make your user experience better. We use these cookies to:
Obtain statistics about how our “Site” is used (including which pages are visited most often and how users came to visit our “Site”);
Evaluate our “Site” performance; and
Help us make sure that the content and features on our “Site” are relevant for your future visits.
The cookies on our “Site” only collect anonymised information and these cookies cannot be used to identify you as an individual.. We may use these cookies to target you with online advertising.
How to reject, delete or accept cookies
If you use our “Site”, it means you agree with our collecting cookies. You can set your web browser to allow, switch off or delete cookies on ours and other websites. In a few cases, switching off or deleting cookies might reduce the functionality of or stop you accessing certain websites (including our “Site”).
We use a number of social media tools and external applications to enhance your interaction with our “Site”. For example, we sometimes embed videos from YouTube on our “Site”. As a result, you may be sent cookies from these third party websites. We do not control these cookies and we suggest you check these third party websites for more information about the cookies they use.
Indulge In uses Hotjar web analytics. Hotjar may record mouse clicks, mouse movements, scrolling activity as well as text you type in this website. This site does not use Hotjar to collect any personally identifiable information entered on the website. Hotjar does not track your browsing habits across websites which do not use Hotjar services.
By using Indulge In’s website, you consent to the processing of data about you by Hotjar in the manner and for the purposes set out above.
We use the information collected by Hotjar to analyse how users interact with our website in order to improve our online service. You can choose to disable Hotjar tracking at https://www.hotjar.com/opt-out.
3. How will Indulge In use my “Information”?
We’ll take good care of any “Information” that you give us and we’ll use it in the following ways:
1) to contact you with information about Indulge In Food Ltd products, brands, services, news and special offers, if you’ve given your consent when you registered with us
2) to make sure you get the best experience from our “Site” – depending on what computer or device that you’re using;
3) to notify you about changes to any of our services.
4. Do you share my “Information” with anyone else?
We treat your “Information” with the care and respect that we would our own. It is stored safely and securely. There are occasions when we might have to transfer “Information” to third parties. These include:
Indulge In entities:
You should be aware that if we’re requested by the police, a regulatory or government authority in the investigation of suspected illegal activities to provide your “Information”, then we are entitled do so.
5. What security measures are in place to protect my “Information”?
The transmission of information via the internet is not completely secure. Although we take steps to protect your information, we can’t guarantee the security of your data transmitted to the “Site”; any transmission is at your own risk. We have security procedures and features to prevent unauthorised access once we have received your “Information”. We’ll continue to maintain and improve these security measures in line with legal and technological developments.
6. How and where will Indulge In store my “Information”?
Where you’ve chosen a password which allows you to access certain parts of our “Site”, you’re responsible for keeping this password confidential. We recommend that you don’t share your password with anyone else. We recommend that your password is unique to your Indulge In account. We will not be liable for any unauthorised access or transactions entered into using your name and password where it has been shared with your permission or if you haven’t taken adequate steps to prevent it on either a desktop computer or another device. If you access our “Site” using a public computer, we advise you not to store your password and to log out of any parts of our “Site”. If you’re using a mobile phone or tablet to use our “Site”, we advise that you have an appropriate passcode.
7. Links, advertisers, third party sponsors & ad-servers
8. How can I find out what “Information” Indulge In holds about me?
The “Act” gives you the right to access “Information” that is held about you. You can exercise your right to access this in accordance with the “Act”. To protect your privacy and security, we’ll take reasonable steps to verify your identity before providing copies of any relevant materials. We’re entitled to charge a fee for this service. You can request access to your “Information” that we hold about you by:
Emailing us at [email protected]
9. How long will Indulge In keep my information for?
We won’t keep your “Information” for longer than is necessary for our legitimate business purposes or than is required by law.
10. The use of our site by under 14s
It’s important to us that children can enjoy our “Site” in a responsible fashion. Therefore, children under the age of fourteen (14) years old should have permission from a parent or guardian before providing “Information”. We encourage the supervision of children’s online activities. For example, parental control tools which are available online to help provide a child-friendly online environment. These tools can also prevent children from disclosing their name, address, and other “Information” online without parental permission. Your child’s privacy is important to us and we are committed to safeguarding children’s “Information” collected online. Users of our “Site” may participate in many activities without providing any “Information”. However, if you’d like to participate in certain interactive features on our “Site”, we’ll ask you to provide us with certain information, such as your email address and age.
12. How can I contact Indulge In?
Unit A, 59 Birrell Road, Nottingham, NG7 6LU
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