This Agreement was last modified on 11 Jan 2021.
These terms and conditions are divided into the following sections:(1) GENERAL TERMS WHICH APPLY TO ALL USERS OF THE SITE (https://fanthaisticks.co.uk/) (“GENERAL TERMS”)
Your attention is drawn specifically to paragraph 4 of the General Terms. The General Terms Apply to all users of the Site, whether purchasing from the Site (“Customers”) or just visiting the Site (“Visitors”), collectively “Users”.
(2) TERMS AND CONDITIONS RELATING TO THE USE OF THE FAN THAI STICKS SITE ONLY (“SITE TERMS”)
Your attention is drawn specifically to paragraph 4 of the Site Terms. The Site Terms Apply to all Users of the Site.
(3) TERMS AND CONDITIONS WHICH APPLY WHEN YOU ORDER FROM US (PRODUCT TERMS AND CONDITIONS)
Your attention is drawn specifically to paragraph 6 of the Product Terms and Conditions. The Product Terms and Conditions Apply to all Customers who use the Site.
(4) TERMS AND CONDITIONS OF PROMOTIONS WHICH WE RUN (“PROMOTIONAL TERMS”)
The Promotional Terms Apply to all Users who use a promotion via the Site.
All four sections above together are referred to in this document as “terms and conditions”.
(1) GENERAL TERMS WHICH APPLY TO ALL USERS OF THE SITE AND OUR SITE (“GENERAL TERMS”)
- These General Terms
1.1 What these General Terms cover. The General Terms Apply to the use of the Site (as defined in Section 2 “Site Terms” below). The General Terms set out the terms on which you make use of the Site, whether as a Visitor or Purchaser, and whether or not a registered user.
1.2 Why you should read the General Terms. By accessing and using the Site, you confirm that you accept the General Terms and agree to comply with them. If you do not wish to be bound by the General Terms then you should not access the Site.
1.3 Who we are. The Site are operated by Fan Thai Sticks Chelmsford (U.K.) Limited, trading as Fan Thai Sticks (“Fan Thai Sticks” and “We” and “Us“). We are registered in England. To contact us, please use our email: email@example.com
Please note that when you place an order on the Site, you may be entering into a contract with our Fan Thai Sticks restaurant. For further details please see the Product Terms and Conditions below.
1.4 Other important documents. The following documents also Apply to your use of the Site:
1.5 Where can you access the Site. The Site and their services are intended to be accessed only within the UK. The products on the Site are only available in the UK. The material on the Site may not be appropriate for other jurisdictions and if you access the Site from outside the UK, you do so at your own risk. The Site is only available to download from UK Site stores. Users outside of the UK should not attempt to download or install the Site.
1.6 How to contact us. To contact us, please:
- Call now: : +44 7985 458924 (CALLS TO THIS NUMBER FROM UK LANDLINES AND MOBILES WILL BE CHARGED AT LOCAL RATE, YOUR NETWORK PROVIDER WILL INCLUDE THESE CALLS AS PART OF ANY INCLUSIVE MINUTES)
- Via Email: firstname.lastname@example.org
1.7 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your order or when you register for the Site.
2 Your use of the Site
2.1 Using the Site lawfully. You may only use the Site for lawful purposes. You must not use the Site in a way that:
- BREAKS ANY LAWS;
- INFRINGES THE RIGHTS OF ANY OTHER PERSON;
- IS FRAUDULENT OR MALICIOUS;
- INTRODUCES ANY VIRUSES OR OTHER HARMFUL PROGRAMS WHICH MIGHT AFFECT ANY COMPUTER SOFTWARE OR HARDWARE;
- TRANSMITS ANY MATERIAL THAT IS OFFENSIVE, THREATENING, DEFAMATORY, OBSCENE, INDECENT, DISCRIMINATORY; OR
- INTERFERES WITH ANY PART OF THE SITE, OR ITS SOFTWARE, OR ANY EQUIPMENT OR NETWORK ON WHICH THE SITE IS STORED.
You must not use any part of the content on the Site for commercial purposes.
2.2 Linking to the Site. You may link to the main homepage of the Site only, unless we tell you that you are not permitted to do so. You must not frame the Site on any other site. If you link to the Site, you must not misrepresent your relationship with us or damage our reputation.
2.3 Registering on the Site. If you decide to register on the Site, you:
- MAY BE ASKED TO CREATE A PASSWORD, WHICH YOU MUST KEEP CONFIDENTIAL AND NOT TELL ANYONE (IF YOU BELIEVE SOMEONE ELSE KNOWS YOUR PASSWORD, PLEASE CONTACT OUR CUSTOMER SERVICE TEAM.
- MUST MAKE SURE THAT ALL OF THE INFORMATION YOU PROVIDE TO US IS ACCURATE AND COMPLETE; AND
- MUST UPDATE YOUR INFORMATION IF THERE IS A CHANGE TO YOUR REGISTRATION DETAILS BY UPDATING YOUR ACCOUNT DETAILS ON THE SITE.
You must be at least 14 years of age to register with the Site. If you are under 18, you must check with a parent or guardian before you register that they give you permission to register with the Site. You should review the General Terms and Site terms with them to make sure that you and your parent or guardian understands them. Your parent or guardian may remove their consent for you to use the Site at any time by contacting us via email. We reserve the right to check the eligibility of any registered users of the Site.
2.4 Breaking the General Terms Terms. If you break the General Terms Terms, your right to use the Site will end immediately and you must immediately destroy any copies of materials you have printed from the Site. You agree that you will compensate us and our franchisees in full for any damages, losses, costs and expenses we suffer because you break the General Terms Terms or due to your use of the Site . In certain circumstances we may be legally required to disclose details of your identity to the police or law enforcement if you break the General Terms Terms.
3 Trademarks and other rights
3.1 Who owns the rights in the Site and Site. The Site and Site contain many logos and trademarks owned or used (with permission) by Fan Thai Sticks and its subsidiaries and affiliates throughout the world. These trademarks and other intellectual property rights in the Site and Site, and images and text on them, are protected under copyright and other intellectual property laws around the world. They must not be copied or used without the express written permission of Fan Thai Sticks (except for personal use).
3.2 Other brand names. The Site and Site may contain references to other company, brand and product names and logos, which Fan Thai Sticks is not affiliated with. If you use these names and logos, you may be infringing someone else’s rights.
3.3 Copying information on the Site . You may print one copy and download extracts of any pages from the Site for your personal use only. You do not have the right to make any further copies of information on the Site or to modify, adapt or reproduce that information. You must always state that we are the authors of the material.
3.4 Uploading information onto the Site . If you upload information on the Site , you grant us a licence to use that content and make it available to other people. We may also share your identity with anyone claiming that your post infringes their rights. We have the right to remove any post at any time.
3.5 Providing information to us. You agree that we are free to use any comments, information or ideas in any communication you send to us (without any payment to you) for any purpose including developing, manufacturing and marketing products and services or for creating or improving the Site .
4 Our responsibility for loss or damage suffered by you
4.1 Supply of Products. Please see Section 3 (Product Terms and Conditions) paragraph 6 below for details of our responsibility if you suffer loss as a result of Products we (or our franchisees) supply to you
4.2 Warranties which relate to the Site. We are responsible for ensuring that the Site (as defined in the Site Terms) is as described, fit for purpose and of satisfactory quality. If you can show that a fault in the Site has damaged your device, and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
4.3 The Site and Site. The Site and Site are provided on an “as is” basis. You acknowledge that the Site and Site have not been developed to meet your individual requirements. Except as set out elsewhere in the General Terms Terms, and as far as is permitted by law, we exclude all guarantees, warranties, conditions, representations and other terms relating to the Site and Site. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with use of, or inability to use the Site or use of or reliance on any content displayed on the Site . However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
4.4 Content on the Site and Site. Fan Thai Sticks strives to ensure that the information contained on the Site and Site is accurate, up to date and reliable. However, Fan Thai Sticks is not required to update the information on the Site . We do not guarantee that the Site , or any content on them, will be accurate, complete or free from errors or omissions. The content of the Site and Site is provided for general information only. It is not intended to provide advice on which you should rely. You should take Siteropriate steps to verify all information on the Site and Site before acting on it. Fan Thai Sticks accepts no liability for any changes made to the content of the Site by unauthorised third parties and we are not responsible for the content posted or uploaded by other users onto the Site . We may suspend, withdraw or discontinue all or any part of the Site at any time.
4.5 Availability of the Site and Site. We do not guarantee that the Site , or any content on them, will always be available or uninterrupted and we will not be responsible in such circumstances. Access to the Site may be temporarily suspended without notice in the case of system failure, maintenance or repair or reasons beyond our control. We reserve the right to modify or withdraw any of the offers, deals or services on the Site at any time.
4.6 Viruses and network failures. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, programs or data due to your use of the Site . By using the Site , you acknowledge and agree that the use of the Site and Site is at your own risk. It is your responsibility to install suitable anti-virus and security software. We will not be liable for any errors, defects, technical errors or failures in computer transmissions or network communications.
4.8 Software and material downloaded via the Site . Any software or material on the Site is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it. In order to use third party software, you may have to accept the terms of a licence agreement with a third party. You acknowledge that we have no responsibility or control over that software.
4.9 If you are a consumer. If you are a consumer, we only provide the Site and Site for domestic and private use. You agree not to use the Site 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 relating to any business of yours.
4.10 If you are not a consumer. If you are not a consumer, we will not be liable for:
- LOSS OF PROFITS, SALES, BUSINESS OR REVENUE;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE.
4.11 Your statutory rights. Please see Section 3 (Product Terms and Conditions) paragraph 6.4 for details of your statutory rights
- OTHER IMPORTANT TERMS
The following terms Apply to all of these terms and conditions.
5.1 We may transfer our rights and obligations to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will either tell you in writing if this hAppens and / or ensure that the transfer will not affect your rights under these terms and conditions.
5.2 Who else has any rights under these terms and conditions? These terms and conditions are between you and us. Our licensors may have the right to enforce relevant terms which benefit them. Apple and its subsidiaries also have certain rights to enforce the Site Terms. Otherwise, no other person shall have any rights to enforce any of these terms.
5.3 If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.4 Even if we delay in enforcing these terms and conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.
5.6 Events outside our control. If we are prevented or delayed from complying with our obligations under these terms and conditions due to your actions or omissions (or any one acting on your behalf) or due to events or circumstances beyond our reasonable control, we will not be liable for any losses or damage you suffer as a result.
5.7Varying these terms and conditions. We intend to rely on these terms and conditions. Any variations to these terms and conditions must be in writing, otherwise they will not be binding.
5.8 Changes to these terms and conditions. We may update these terms and conditions at any time, including for legal or regulatory reasons, by amending this page. If we change these terms we will send you an email with the modified terms or post a copy of them on the Site . Any changes will take effect 7 days after the date of our email or which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means you accept those changes. Please check this page from time to time to take notice of any changes we make, as they are binding on you. You are responsible for ensuring that all persons who use your internet connection to access the Site are aware of (and comply with) these terms and conditions.
5.9 Which laws Apply to these terms and conditions and where you may bring legal proceedings. These terms and conditions, their subject matter and formation (and any contractual or non-contractual dispute) are governed by English law. If you are a consumer, you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you are not a consumer, you agree that the English courts shall have exclusive jurisdiction in any dispute.
(2) TERMS AND CONDITIONS RELATING TO THE USE OF THE FAN THAI STICKS SITE ONLY (“SITE TERMS”)
- These Site Terms
1.1 The Fan Thai Sticks Site. In these Site Terms, “Site” shall mean the software owned, operated and provided by Fan Thai Sticks which can be used on Android and Apple devices, together with its content, any upgrades and any other software or documentation which enables the use of the Site.
1.2 Why you should read the Site Terms. By downloading, using or registering for the Site you agree to be bound by these terms and conditions, including without limitation these Site Terms. Please review these Site Terms carefully before accepting them or downloading or using the Site.If you do not accept these Site Terms in full, we will not license the Site to you and you must not download, install or use the Site. You must cancel any download now or if already installed, uninstall the Site.
1.3 Your right to use the Site. We grant you the right, and a non-transferable license, to use the Site for your personal use in accordance with these Site Terms (and any rules Applied by your Site store provider). You may not use the Site for commercial purposes. The Site is made available to you free of charge.
1.4 Updating or amending the Site. We have the right to update or amend the Site at any time. If we update the Site, you may not be able to use the Site until you have downloaded the latest version of the Site and accepted any new terms. You should delete the Site from your device when any subsequent version of the Site is issued. We will not be responsible for any losses you suffer because you have failed to download or use the most recent version of the Site. By way of example, if you use an older version of the Site, we may not receive an order you place, or you may not be able to collect or redeem points. In such circumstances we will not be responsible for your losses.
1.5 You must have permission to use the Site. We will assume that you have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and to download or stream a copy of the Site onto your device. You accept responsibility for using the Site whether or not used on a device owned by you. If you are not the bill payer for the mobile telephone or handheld device being used to access the Site, you must have permission from the bill payer for using the Site.
1.6 Your mobile network provider. You acknowledge that the terms of agreement with your mobile network provider will continue to Apply when using the Site. As a result, you may be charged by your mobile network provider for access to network connection services when accessing the Site. You accept responsibility for any such charges that arise.
1.7 System Requirements. In order to use the Site, you are required to have internet access and a compatible mobile telephone or handheld device (Apple iOS devices running iOS 6.1 or above; Android OS devices running Android OS 3.2 or above; Language: English).
1.8 Immediate use of the Site. You confirm that by accepting these Site Terms and downloading the Site, you consent to the immediate performance of the contract concluded under these Site Terms and acknowledge that you will lose your right to cancel once the download or streaming of the digital content has begun. This does not affect your rights to remove the Site from your device if you decide that you do not wish to use it.
- Apple Site Store and Android
2.1 Apple Site Store and Android terms. The terms of the Apple Site Store and equivalent Android platform may, where Applicable, also Apply to your installation and use of the Site. By way of example (and without limitation), the provisions relating to “Automatic Delivery and Downloading Previous Purchases” and “Family Sharing” in the Apple Terms shall Apply. If there is an inconsistency between these Site Terms and those terms (in relation to this Site only), these Site Terms shall prevail. For the avoidance of doubt, these Site Terms Apply as between you and us (and not with Google Play or Apple Inc (“Apple”)). Where these Site Terms refer to Apple, such provisions shall only Apply where you are using an Apple device.
2.2 Apple is not responsible for this Site. We are solely responsible for this Site and we (not Apple) are responsible for any maintenance and support services. As far as is permitted by law, Apple does not provide any warranties in relation to the Site. In the event that the Site does not conform to any warranties provided in these Site Terms, you may notify Apple and they will refund to you the purchase price paid for the Site (if any). However, Apple will have no other obligations in relation to the Site and does not provide any warranties in relation to the Site.
2.3 Claims in relation to the Site. As between us and Apple, we are solely responsible for:
- ADDRESSING ANY VALID CLAIMS MADE BY YOU OR ANOTHER PERSON IN RELATION TO THE SITE (OR YOUR POSSESSION OR USE OF IT) INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS (II) ANY CLAIM THAT THE SITE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION; AND
- THE INVESTIGATION, DEFENCE, SETTLEMENT AND DISCHARGE OF ANY VALID CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT BY A THIRD PARTY.
2.4 You must not be in a country subject to a U.S Government embargo. You represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting country” and that you are not listed on any U.S Government list of prohibited or restricted parties.
2.5 Apple’s rights to enforce these Site Terms. We both acknowledge and agree that Apple (and its subsidiaries) are third party beneficiaries of these Site Terms. Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Site Terms against you as a third party beneficiary.
- Your use of the Site
3.1 Services on the Site. The Site allows you to:
- COLLECT AND SAVE REWARDS TO SPEND IN FAN THAI STICKS RESTAURANT;
- RECEIVE OFFERS, PROMOTIONS AND VOUCHERS FROM TIME TO TIME;
- PARTICIPATE IN GAMES AND CHALLENGES, WHERE AVAILABLE; AND
- VIEW, BROWSE AND SEARCH CONTENT ON THE SITE OR HTTPS://WWW.FANTHAISTICKS.CO.UK/.
You may only use the Site for these purposes.
3.2 For use in the UK only. The Site may not be accessible in some countries and the ability to download or use the Site may be impaired or restricted if you are using a roaming network abroad.
3.3 Your information and location. The Site’s services are based on your location and other information we hold about you. If you wish to turn off the location services, please change the relevant settings on your device. For further details of how we use your information please visit FanThaiSticks.co.uk.
3.4 Vouchers, offers and promotions. Details of the terms and conditions of vouchers, offers and promotions will be provided to you with the relevant voucher, offer or promotion or displayed as a pop-up within the Site (e.g. to order products for delivery). Fan Thai Sticks reserves the right to amend or remove any vouchers, offers or promotions from the Site at any time.
3.5 Our right to suspend or terminate your use of the Site. We may suspend or terminate your use of the Site at any time for any reason on reasonable notice (unless you break these Site Terms, in which case we reserve the right to immediately terminate your use of the Site). In such circumstances, you must stop using the Site and remove it from your device immediately. This does not affect your legal rights or remedies.
- Our responsibility for loss or damage suffered by you when you use the Site
4.1 Our responsibility for the Site. Our responsibility and liability for loss or damage suffered by you when you use the Site is further set out in paragraph 4 of Section 1 above.
- Earning Points
- Soon will be implemented.
- Redeeming rewards
- Soon will be implemented.
(3) TERMS AND CONDITIONS WHICH APPLY WHEN YOU ORDER FROM US (“PRODUCT TERMS AND CONDITIONS”)
1 These Product Terms and Conditions
1.1 What these Product Terms and Conditions cover. These Product Terms and Conditions contain the terms on which we or one of our franchisees supply products to you (“Products”). Please read them carefully before you place an order. All orders for the Products shall be considered to be an offer by the Customer to purchase the Products in accordance with these Product Terms and Conditions. If you think that there is a mistake in these Product Terms and Conditions, please contact us to discuss.
1.2 Fan Thai Sticks. Paragraph 2 explains that your contract may be with one of our franchisees. Unless otherwise stated, references to “we”, “us” and “our” in these Product Terms and Conditions shall mean Fan Thai Sticks, as Applicable.
2 The contract with you
2.1 How your order is accepted. When you are placing an order, the following steps have to take place before a contract for the sale of Products is made between you and us. After choosing the Product you wish to purchase, you place your order for your Product by pressing the button at the end of the check-out process and submitting your details to us. Before placing your order, the check-out process will give you the opportunity to review and, if necessary, change your selection of Products or correct errors in your order information. You will be asked to click to confirm that you accept the terms and conditions. If you do not wish to be bound you should not place any orders through the Site . Once you have submitted your order, you will see an on-screen acknowledgement and a receipt and acknowledgment of order by email. Acceptance of an order occurs when the order acknowledgment Appears on the Site at which point, the contract is formed between you and Fan Thai Sticks (please see further 2.3 below, “Who your contract is with”). Up until this point, we may decline to provide you with the Products without giving any reason. The acceptance of orders for the Products shall be at the entire discretion of Fan Thai Sticks.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of, amongst other things, unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, due to particular Product not being available or if Fan Thai Sticks is closed at the time of your order.
2.3 Who your contract is with. When you place an order and this is accepted as set out above, you will be entering into a contract with Fan Thai Sticks. The details of the company with whom you are entering into a contract will be confirmed during the order process. Please note that Fan Thai Sticks facilitates payment for all credit or debit card orders placed through the Site , i.e. it collects such payments on behalf of the relevant franchisee and remits them to the franchisee as Siteropriate.
2.4 You must be at least 14 to place an order. You must not place any orders on the Site if you are under 14 years of age. If you are between 14 and 17 years of age (inclusive), you must check with a parent or guardian before you place an order on the Site that they give you permission to place an order. You should review these Product Terms and Conditions with them to make sure that you and your parent or guardian understands them and agree to be bound by them. Your parent or guardian may revoke their consent for you to use the Site at any time by contacting us via our web page.
2.5 If we are unable to supply a Product. If we are unable to supply you with a Product, for example because that Product is not available or because of an error in the price on our Site (see further below), we will inform you of this and will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
2.6 Our Products. Photography used throughout the Site are for illustrative purposes only. Although we have made every effort to display the Products accurately, the Products may vary slightly from those images. All Products shown on the Site and Site are subject to availability. For further information about some of our Products which are subject to promotions we run, please see the Promotional Terms.
2.7 Our intellectual property rights. The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Fan Thai Sticks and the Customer agrees that it will not infringe any of Fan Thai Sticks’ intellectual property rights.
3 Prices and Payment
3.1 VAT and other taxes. Unless otherwise stated in writing the prices quoted by Fan Thai Sticks on the Site are inclusive of VAT and any other Applicable taxes.
3.2 Where to find the price for the Products. The price of the Products will be as quoted on the Site at the time you place your order. The price for your order must be paid in full in advance.
3.3 Prices. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from and can be changed anytime. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone due to different promotional offers from time to time.
3.4 What hAppens if we get the price wrong? We may change the price of our Products from time to time. It is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices before accepting your order. If the Product’s correct price is less than the price stated on the Site , we will refund you the difference between the Product’s correct price and the price stated in your order confirmation upon collection of the Products from our Fan Thai Sticks. If the Product’s correct price is higher than the price stated on the Site , we will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions.
3.5 When you must pay and how you must pay. You can pay by any of the methods listed on our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
3.6 Our special offers and promotions. From time to time, our Products may be subject to special offers, including those set out in the Promotional Terms. Any special offers shall be subject to these Product Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and the “Terms and Conditions of Promotions which we run” located at section 4 of these terms and conditions. We may change the terms of special offers or withdraw them at our discretion but we will honour any order placed by you before the offer is withdrawn except in the case of technical errors. All deals are valid within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
4 Changes to your Order, Cancellation and Refunds
4.1 Your right to make changes. If you wish to amend your order, please telephone Fan Thai Sticks, details of which will be confirmed during the order process. If you amend your order, the price charged will be the price for the amended order. If you paid by credit card and the price is greater than the original order, the price difference will need to be paid separately to the Fan Thai Sticks on collection. If the price is lower than the original order, any refund will be processed upon collection of the Products by you from Fan Thai Sticks. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
4.2 If you want to cancel your order because you have changed your mind. Once your order has been confirmed, you cannot cancel the order. Please be aware that as the Products are perishable, you do not have a right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.3 Cancelling your order because of something we have done or are going to do. You may cancel your order if there is a risk that the supply of Products may be significantly delayed due to events outside our control, or because you have a legal right to end the contract due to something we have done wrong. In such circumstances, the contract will end immediately and we will refund you for any Products which have not been provided. You may also be entitled to compensation.
4.4 How to cancel your order with us. If you want to cancel your order, please telephone Fan Thai Sticks, details of which will be confirmed during the order process and included in the confirmatory e-mail sent to you upon placing your order.
4.5 How we will refund you. We will refund the price you paid for the Products by the method you used for payment. We will make any refunds due to you upon collection of the Products from Fan Thai Sticks, or if this is not possible for whatever reason, please contact us via our email or by phone and we shall process your refund as soon as is reasonably possible and in any event within 14 days.
4.6 Our right to cancel an order. We may cancel your order if your payment is refused, if you do not provide us with information that is necessary for us to provide the products or if you do not collect the Products within a reasonable time following completion of your order. In such circumstances, we will refund you any money you have paid for the Products.
4.7 If you wish to complain. If you have any questions or complaints about the Products, please contact us at email@example.com .
4.8 Differences between written and oral communications. If there are any differences between communications between us in writing and communications over the phone, we intend to rely on the written communications between us. As such, please make sure you carefully check the communications that you send to us. Fan Thai Sticks shall use all reasonable efforts to ensure that its written information about the Products is accurate.
5.1 We only sell to customers in the UK. The Site and Site are solely for the provision of our Products in the UK excluding Northern Ireland. Unfortunately, we do not accept orders from addresses outside the UK.
5.2 When we will provide the Products. During the order process, you will confirm the time at which you would like to collect the Products from Fan Thai Sticks. Please note that such time is an estimate only and the Products shall be made available to you as near to this time as is reasonably possible.
5.3 We are not responsible for delays outside of our control. If our supply of the Products is delayed by an event outside our control, we will contact you to let you know as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.4 When you become responsible for the Products. The Product becomes your responsibility from the time you collect the Products from us.
5.5 When you own the Products. You own the Products when we have received payment in full.
6 Limitation of Liability: Our responsibility for loss or damage you suffer
For loss or damage you suffer by using the Site and / or the Site, please see section 1 (General Terms) paragraph 4 and section 2 (Site Terms) paragraph 4. The terms below relate to our liability when you order Products from us.
If you are a consumer, the following provisions Apply:
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Product Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Product Terms and Conditions or failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us at the time.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation and for breach of your legal rights relating to the products.
6.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purposes we will have no liability to you for any loss of profit, loss or business, business interruption or loss of business opportunity.
6.4 Your statutory rights. Nothing in these Product Terms and Conditions shall affect your statutory rights. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office. We are under a legal duty to supply Products that are in conformity with the contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality and that services must be carried out with reasonable skill and care.
If you are not a consumer, the following provisions Apply:
6.6 Use by your business. We only supply for the Products for internal use by your business. You agree not to use the Products for any re-sale purposes.
6.7 No liability for certain losses. Save as set out in clause 8.7, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
- ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, WHETHER DIRECT OR INDIRECT;
- LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
- LOSS OF BUSINESS OPPORTUNITY;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF GOODWILL; OR
- ANY INDIRECT, CONSEQUENTIAL LOSS, SPECIAL OR EXEMPLARY DAMAGES.
6.8 Cap on liability. Save as set out above, our liability to you in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total price charged for the relevant Products.
6.9 Exclusion of warranties and other terms. Except as expressly stated in these Conditions we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.