SCOPE AND SUBJECT MATTER
These General Terms of Sale concerning online and telephone sales govern the contractual relationship between the restaurants of the SUSHI ART network, represented for the purposes of this contract by European Concept LLC, an UAE Company, registered in Dubaï, with registration no. CL 1261 and with registered address: Gate Building Dubai International Financial Centre P O Box 124363 Dubai, United Arab Emirates – UAE (“SUSHI ART”, “we”, “us” and “our”) and each user using the SUSHI ART websites (“you" and "your").
By placing an order, you implicitly agrees to abide by these General Terms of Sale, to the exclusion of any other terms and conditions, save with the prior written consent of SUSHI ART.
SUSHI ART shall be entitled to adapt or to modify these General Terms of Sale at any time by changing them on the SUSHI ART website, although no such change will affect any order you have already placed with us. Modifications shall be applicable and enforceable upon you as soon as they are put online and shall apply to any subsequent order. The version of the General Terms of Sale that is applicable at the time when an order is placed shall be that which is published on the SUSHI ART website. These General Terms of Sale were last updated on 05/20/2013.
SUSHI ART RESTAURANTS AND delivery AREAS
If you place an order over the telephone or via the SUSHI ART website and you wish to have an order delivered, you must provide a valid delivery address located in the delivery area of one of the restaurants of the SUSHI ART network.
Only certain geographical areas are served by the SUSHI ART network. An up-to-date list of SUSHI ART restaurants and of the towns and cities served by SUSHI ART is available on the SUSHI ART website. Should the address provided by you not be located within the area covered by the delivery service, you shall be informed about this before the order is placed.
3.1 Registration on the SUSHI ART website (solely for online orders)
In order to place an order via the SUSHI ART website, you must register beforehand by creating a SUSHI ART client account.
To register, you must click on the “Connection” tab at the top right-hand-side of the screen. You must then fill in the registration form.
During the registration process on the SUSHI ART website, you must select log-in details consisting of a valid e-mail address and a password. You must keep this information strictly confidential and not disclose it to third parties, in order to avoid as much as possible any risk of unauthorised access to your account. SUSHI ART will not be liable liability for any unauthorised use of your account by a third party who gains access to your user name and the password details, through no fault of SUSHI ART, and in particular if the user name and the password have been disclosed to a third party by you or through your negligence. . You are responsible for all activities that occur in connection with your account. You must notify us immediately if you know or suspect, that anyone has obtained access to your log-in details or account.
Once you have registered, a summary e-mail shall be sent to the e-mail address provided.
You must then provide a postal address by clicking on the “Add” tab.
The delivery address that is provided must be as accurate as possible (street number, flat number and floor, where relevant, postcode etc) in order to enable the SUSHI ART delivery person to deliver the order in the best possible condition and as promptly as possible. SUSHI ART will not be liable to you or refund any sums paid where it cannot deliver an order due to inaccurate or incomplete information.
You can view the menu and select the dishes and the menus of their choosing by navigating around the SUSHI ART website.
3.2 Connection to the SUSHI ART website
Before placing an order or after validating the shopping basket, you should click on the “Connection” or “Order” links featuring on the home page.
Should you lose or forget your password, you may obtain a new one by clicking on the “Have you forgotten your password?” link and typing in your e-mail address. You will then receive an e-mail sent to the e-mail address that was provided enabling you to select a new password.
3.3 The online ordering process
I) Choosing a restaurant, the method of delivery of the order and the products
(1) In order to place an order, you must start by choosing the method of delivery of the order, by clicking either on the “Delivery” tab or on the “Takeaway” tab on the home page of the SUSHI ART website.
(2) To arrange delivery, you should type in the postcode to check that it is located within the delivery area of one of the SUSHI ART restaurants. If several restaurants cover your postcode within the delivery area, you must select the restaurant with which it wishes to place the order.
(3) In case of a takeaway order, you should select among the list of SUSHI ART restaurants from which you wish to collect its order.
(4) Having selected the restaurant in charge of fulfilling the order, you should specify the time when the order is to be delivered or collected by clicking on “Now”, “Today” or “Another day”. In the last two cases, you must then select the time slot in which you wish to take delivery of the order as well as the particular day if you have chosen to take delivery of the order on another day.
(5) You will then be redirected to a page showing the SUSHI ART products that are available to order (the “Products”).
(6) You should select the Products that you wish to order and confirm by clicking on the “Add to my shopping basket” button.
(7) A minimum order value may be imposed for delivery, in which case you will be informed of this prior to paying for the order. There is no minimum order value for takeaway sales.
(8) The shopping basket is contained within a tab at the right hand side of the screen and sets out the Products in the shopping basket, their respective quantities and the total cost of the order. You may access the shopping basket by clicking on the “Next” tab. Another tab displays the restaurant selected as well as the estimated time of the delivery.
(9) Should you have not logged in to your user account, you must do so at this point in order to finalise the order.
II) Confirmation of the order placed online
(10) After checking the items in the shopping basket, you will be redirected to a page showing the delivery address that was provided during the registration process. You may then modify it, confirm it or provide a new address. You may also provide a billing address if this is different from the delivery address and you must also provide a telephone number. This information must then be confirmed by clicking on the “Next” tab.
(11) You should then specify any additional items (such as lunchtime menus) and any complementary Products that are on offer and that you wish to receive. Once you have made your choice, you can view the Products selected, the quantities selected, the unit price including VAT of each type of Product and the total price including VAT of all the Products in the shopping basket. You can modify the number of Products ordered and add other Products by clicking on the “Select my complementary products” tab.
(12) You can also provide the details of any applicable discount voucher and provide additional information.
13) You should then specify the payment method: “Upon delivery” or “By credit card”. If payment “Upon delivery” is selected, you can pay by cash, cheque or luncheon voucher.
(14) Before your order can be accepted, you must confirm your acceptance of these General Terms of Sale by ticking the box indicated. You may then confirm your order by clicking on the “Place order” tab.
(15) If you have opted for payment by credit card, you will be redirected to a secure site operated by Ogone, a service provider specialising in secure payment over the Internet, which accepts payment by Visa and Mastercard
(16) You will then receive an e-mail confirming the order sent to the e-mail address indicated in his client space
(17) The order for Products shall only be considered as confirmed by and binding upon SUSHI ART upon receipt of that email from us. You must therefore ensure that this email is received and should contact Client services by telephone in case of any problems (see section 12 below).
3.4 Placing orders over the telephone
(1) Orders may be placed over the telephone by calling the following number: 020 705 292 22.
(2) You will be asked to type in your postcode on the keypad of the telephone in order to determine which restaurant will fulfil the order. If several restaurants cover postcode, you will be asked to select the restaurant with which you wish to place the order.
(3) You will then be connected to an operator who shall ask for your name and telephone number.
(4) SUSHI ART will then take the order will be taken and, where applicable, the delivery address. The total price including VAT of the order and the delivery time will be confirmed.
(5) A minimum order value may be imposed for delivery, in which case you will be informed of this prior to paying for the order. There shall be no minimum order value for takeaway sales.
(6) You will be asked to choose your preferred payment method: payment by bank card upon placing the order by providing the card details over the telephone, or payment by cash, cheque or luncheon voucher upon delivery.
(7) We will then check your order including whether payment for the order has been successful. We will then orally confirm acceptance of your order at which point your order will become binding and shall conclude a contract between you and us for the purchase of Products.
3.5 Unavailability of the Products
The Products that are shown on the SUSHI ART website are offered subject to availability in the particular restaurant which takes your order.
In case of Product unavailability: (i) if the Products were ordered online, the restaurant involved shall inform you by telephone on the number provided by you during the online registration process; or (ii) if the Products were ordered over the telephone, the operator will propose that you opt for another Product, or deduct the price of the Product that is unavailable from the sum total of the order.
If payment has already been taken, either online or over the telephone, we will refund you for the unavailable Product. Such a refund may be made by the original method of payment or by a credit note to be redeemed against a future order.
DELIVERY AND TAKEAWAY AT THE RESTAURANT
The order shall be delivered to the delivery address that was provided by you on placing the order.
The applicable SUSHI ART restaurant shall use reasonable endeavours to ensure that all deliveries are made within the timescales mentioned on placing the order. You shall take delivery of the Products based on the agreed timescale and place of delivery.
You will not be entitled to a refund or compensation if delivery is late.
If you are not present to take delivery of the Products ordered at the address indicated upon placing the order, the Products shall be returned to the applicable restaurant and SUSHI ART will not reimburse the price of the order.
If you opt to collect the order from the restaurant, the order shall be made available only in the restaurant that was chosen by you on placing the order, at the time specified upon placing the order. If there is a delay in preparing the order for collection, the applicable restaurant shall make reasonable efforts to inform you by telephone or email.
RIGHT TO CANCEL THE SALE
You do not have any right to cancel or amend an order once it has been confirmed by SUSHI ART.
The applicable prices shall be those that are in force at the time when you place the order, as shown on the SUSHI ART website.
Prices are quoted in pounds sterling and include VAT but exclude delivery free costs.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Orders may be paid for either by bank card on the SUSHI ART website or over the telephone at the time of placing the order, or in cash, by cheque or using luncheon vouchers upon delivery or collection from the restaurant.
All orders must be paid for in full. No discount or rebate, nor any discount vouchers which you fail to mention upon placing the order, shall be accepted. The price may only be offset against a credit note approved by SUSHI ART and registered in your account on the date when payment is due.
SUSHI ART shall not have any obligation to hand over the Products ordered by you if you do not pay for the entire order in full.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the SUSHI ART website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
SUSHI ART warrants that the Products delivered or supplied shall comply with your order.
In the case of Products that are missing from an order, you must inform SUSHI ART on delivery or collection from the restaurant.
In case of a Product that has been wrongly delivered or supplied, you must inform SUSHI ART within a reasonable timescale and in any event within 2 hours following the delivery or the supply of the Products at the restaurant and may request the replacement of the Products or the reimbursement of their price.
Nothing in these terms and conditions shall limit or exclude our liability to you: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; or for any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer arising from any order is strictly limited to the purchase price of the relevant Products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any order.
All notices given by you to us must be given by email or in writing to the contact details set out at the end of these General Terms of Sale. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these General Terms of Sale is found to be unenforceable, all other provisions shall remain unaffected.
These General Terms of Sale may not be varied except with our express written consent.
These General Terms of Sale shall be governed by English law, and you agree that any dispute between us regarding them or any order will only be dealt with by the English courts.