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Terms & Conditions

Terms & Conditions for The Bengal Restaurant (Take Away)



 

GENERAL TERMS AND CONDITIONS 



All terms and conditions relating to the supply of products from (Take Away) website are covered below. Please read all terms and conditions carefully before placing an order. By ordering any of our Products, you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions for future reference. By purchasing from (Take Away) you have entered into a binding agreement with us and have agreed to accept these terms and conditions.



(Take Away) uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. 



You are responsible for maintaining the confidentiality of your account details, account name and password, if applicable. You are responsible for all activities that occur under your account, including without limitation, all uses of your account number, account name or password by someone else, regardless of whether you expressly authorized the use. You agree to notify (Take Away) immediately of any unauthorized use of your account or any other breach of security. (Take Away) will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by (Take Away) or another party due to someone else using your account or password. You may not use anyone else's account at any time without the account holder's permission. 



 

1. ABOUT (TAKE AWAY)



(Take Away) is a website operated by The Bengal Restaurant

 

2.  SERVICE AVAILABILITY

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders on this site from individuals outside the United Kingdom.

 

3. 
AVAILABILITY AND DELIVERY

This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Our goal is to provide the best Indian food delivery service in the market, which includes an excellent reputation for on-time delivery. i.e . delivering orders at the time we quote. Unfortunately things do not always go to plan and factors, such as weather and traffic conditions, may occasionally prevent us from achieving this. We will do our best to fulfill your order in accordance with the delivery date and time set out in the confirmation e-mail or, if delivery specified as ASAP, then within a reasonable time from the time the confirmation email was sent taking into a account the number of orders and the circumstances being faced by (Take Away) at the time. We will inform you if we become aware of an unexpected delay.

 


4. PLACING AN ORDER

After you submit an order to us, we will give you an Order Number and send the details of this order in an email. If the (Take Away) is unable to fulfill your order you will receive an email stating that your order has been declined. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.

Please be aware that the restaurant will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

 

5. PAYMENT

Our delivery drivers only carry up to £10 in change, payment must be in £ sterling. We accept the following forms of payment: 
Credit / Charge cards: Visa and Mastercard are accepted.
Debit Cards, such as Delta or Switch are accepted. Upon submitting your order details, you are making an offer to us to purchase the item(s) you have specified in your order form. We reserve the right to refuse your offer should it be necessary. In the event of needing to issue a refund we will endeavour to credit your account within 7 - 10 working days. Payment methods may vary.

 

6. CANCELLATION & REFUND

You have the right to cancel an order at any time up until either: i : in case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or ii : in the case of same day orders and deliveries, within a reasonable time (usually just a matter of minutes) and before the order becomes a BAD ORDER. 
(Take Away) will classify a BAD ORDER as any order in which is cancelled after food has been used to start preparing the order (a "BAD ORDER").

Customers can cancel an order by telephoning (Take Away) . An order may be subsequently cancelled by (Take Away) at its sole discretion. (Take Away) reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation. You will not be charged for cancelled orders in accordance with this cancellation provisions. Any payment made prior to an order being cancelled by (Take Away) will usually be reimbursed using the same method originally used by you to pay for your purchase. 

Any order cancelled after the point in which the order becomes a BAD ORDER will be charged to the customer and no refund will be due to the customer. (Take Away) in its sole discretion will determine whether an order is a BAD ORDER or not.

 

7. TERMINATION


We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to our (take Away) we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms. Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

 

8. YOUR STATUS



By purchasing any products from (Take Away) through our website you warrant that: a. You are legally capable of entering into binding contracts. b. You are at least 18 years old. 



 

9. SUSPENSION AND TERMINATION OF ACCOUNT

We will determine, in our discretion, whether there has been a breach of our acceptable use standards set out in these Terms of Use through your use of our site. When a breach of these standards has occurred, we may take such action as we deem appropriate. 



 

10. CUSTOMER INFORMATION



 

10.1 Communicating with the customer

The customer has to indicate when placing the order at the latest an email address, whose operability he has to ensure from the moment he places the order until the definite completion of the order. The customer has to assure in particular with the adjustment of his spam filter (off line and/or by his provider) that he gets the emails of the (Take Away). This email address also applies for future orders until it is recalled or until the customer sends a notification of change. (Take Away) is authorised, but not obligated, to send messages of any kind – also such messages that are of essential importance for the contractual relationship and the correct implementation of the contract – by other means than electronic mail. In particular the customer can neither demand that messages for him are sent by telephone, letter, and fax or by services of telecommunication systems – e.g. short message services (SMS) – nor can he successfully invoke ignorance if messages by such means of communication are missing, when (Take Away) has sent the message to the email address. Messages of (Take Away), which are sent by email to the email address, are presumed to be received by the customer after their dispatch. (Take Away) is only responsible for transmission errors if their causing is based on (Take Away) own sphere. The customer is allowed to provide evidence that he has not received a message sent to him for reasons that are beyond his sphere. 

(Take Away) is regularly not obligated to point out to the customer that there is a missing, wrong or an inoperable email address. However, the customer is allowed to provide evidence that such a message would have been technically feasible and reasonable. 



 

10.2 Personal data and privacy policy

The personal data (for instance name, address, payment information) you have provided us with will be used for the fulfilment and processing of the contract. If you have agreed to us doing so, we will also use your data to inform you about our latest products and other news concerning our offers. You are entitled to withdraw your agreement at any time. Additionally, you have the right to request us to change or delete your data. This process will not entail any further costs, except those charged by your provider for sending emails. If we alter or delete your personal data you have the right to be informed. We store your personal data as well as data concerning your order for the purposes of fulfilling the Contract. You will receive all information concerning the formation and the implementation of the Contract, your order data as well as our Terms and Conditions (T&C) in an email confirming your order. You can save this email on your PC which will enable you to access these data at any time. Additionally, you can access your personal data as well as data concerning your order in the customer area of our web portal. 



If you have any questions concerning data protection, please feel free to contact our customer service. 


 

11. IP ADDRESSES AND COOKIES 



We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and improve the layout of the site. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, like almost all e-commerce websites, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us: • To estimate our audience size and usage pattern. • To store information about your preferences, and so allow us to customise our site according to your individual interests. • To speed up your searches. • To recognise you when you return to our site.



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 select this setting you may be unable to access certain parts of our site. 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 note that our advertisers may also use cookies, over which we have no control. 



 

12. PRICE AND PAYMENT 



 

12.1 The prices of any products will be as quoted on (Take Away) website from time to time, except in cases of obvious error.



 

12.2 (Take Away) can charge a fee for processing payment. This fee will depend on the payment method used and will be clearly shown on the website before your order is finalised.



 

12.3 (Take Away) website contains a large number of Products and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced or errors. 



 

12.4 (Take Away) is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a ‘mis-pricing’.



 

12.5 Payment for all Products must be by credit card (MasterCard and Visa), debit card (Switch, Solo, Visa, Visa Electron and Maestro) through the company Paypal.



 

12.6 The stated prices apply on the condition that the order data on which the prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by the customer will be charged separately.

 



12.7 (Take Away) will send invoices solely by email with a qualified electronic signature. By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.



 

12.8 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment immediately after conclusion of the Contract (receipt of the Order Confirmation).



 

13. COMPLAINTS 



Obvious defects in delivered goods must be reported to us within 1 Hours of receipt.



 

14. OUR LIABILITY 



 

14.1 (Take Away) warrant that any Product purchased from us through our website is of satisfactory quality.

 

14.2 Our liability for any Product purchased through our site is strictly limited to the purchase price of that Product.



 

14.3 This does not include or limit in any way our liability:

a. For death or personal injury caused by (Take Away) negligence b. Under section 2 (3) of the Consumer Protection Act 1987

c. For fraud or fraudulent misrepresentation

d. For any matter for which it would be illegal for (Take Away) to exclude, or attempt to exclude, its liability.



 

14.4 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.



 

14.5 (Take Away) has no influence on the contents of the printed Products.



 

15. WRITTEN COMMUNICATIONS 



Applicable laws require that some of the information or communications (Take Away) sends to you should be in writing. When using its website, you accept that communication with (Take Away) will be mainly electronic - we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that (Take Away) provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 



 

16. NOTICES 



All notices by you to (Take Away) must be given to (Take Away). We may give notice to you at either the email/Telephone or postal address you provide when placing an order, or in any of the ways specified. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an email, that it was sent to the specified email address. 



 

17. TRANSFER OF RIGHTS AND OBLIGATIONS



 

17.1 The Contract between you and (Take Away) is binding on both parties and on their respective successors and assignees.



 

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.



 

17.3 (Take Away) may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.

 

18. EVENTS OUTSIDE OUR CONTROL 



 

18.1 (Take Away) will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event). 



 

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its 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. f. The acts, decrees, legislation, regulations or restrictions of any government.

18.3 (Take Away) performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. (Take Away) will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.



 

19. WAIVER



19.1 If (Take Away) fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations. 



 

19.2 A waiver by (Take Away) of any default will not constitute a waiver of any subsequent default