Please read these terms and conditions carefully. You will be asked to expressly agree to these terms and conditions before ordering takeaway food through our website.
In these terms and conditions, "we" means "us" and "our" will be construed accordingly and "you" means our customer or potential customer under these terms and conditions and "your" will be construed accordingly.
(3) Orders for takeaway food
The advertising of takeaway food on our website constitutes an "invitation to treat"; and your submission of an order for takeaway food constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
To enter into a contract for the delivery or collection of takeaway food, you will need to take the following steps:
(i) you must select the relevant food items, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must confirm your order and your consent to these terms and conditions;
(iv) if you choose to pay be credit card, you will be transferred to our merchant facility website, and our merchant facility will handle your payment;
(v) we will then send you an initial acknowledgement; and
(vi) once we have checked whether we are able to meet your order, we sometimes telephone you for order confirmation or we will confirm by telephone that we are unable to meet your order.
We reserve the right to reject any order. In particular, we may reject an order for delivery if the address for delivery is outside the delivery area specified on our website.
We will not file a copy of these terms and conditions specifically in relation to your order. We may update the version of these terms and conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms and conditions for your records.
The only language in which we provide these terms and conditions is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by clicking the "Shopping Cart". You may correct those input errors before placing your order by changing the quantity on the shopping cart page.
(4) Takeaway food
Our food can include meat, fish, nuts, fruit, vegetables and spices. We also use permitted food colourings.
(5) Prices and payment
Prices for takeaway food are quoted on our website. However, it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our online ordering procedures so that the correct price will be stated when you pay.
Payment must be made in full upon the submission of your order or upon the delivery or collection of your food. We may cancel the contract between us if the price is not received from you in full on time.
The prices on the website include all value added taxes (where applicable).
Payment must be made by cash or credit card OR any method detailed on the website from time to time.
We may revise the prices of our takeaway food at any time, but this will not affect orders made before the price changes.
We warrant to you that the takeaway food supplied under these terms and conditions will be of satisfactory quality and will conform to the description of the food on our website.
You warrant to us that:
(a) you are at least 16 years of age and are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions;
(b) any other information that you supply to us in connection with your order (including your name, postal address and telephone details) is accurate and complete;
(c) if your order is to be delivered to you, you will be available to collect the order at and around the time for collection that we notify to you; and
(d) if your order is to be collected by you, you will come to our premises to collect the order before the time for collection that we notify to you.
(7) Distance selling
You acknowledge that takeaway food ordered through the website cannot, by reason of its nature, be returned and is liable to deteriorate or expire rapidly. Accordingly, you will have no "cooling off" period and no right, under distance selling laws, to cancel any contract between us for the supply of takeaway food.
(8) Limitations and exclusions of liability
Nothing in the terms and conditions will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms and conditions.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You acknowledge and agree that the takeaway food we supply to you may be hot enough to cause burns, and you agree to take reasonable care in relation to any hot takeaway food that we may supply. We will not be liable to you in respect of any loss or damage arising out of your failure to take such reasonable care.
We will make reasonable efforts to supply takeaway food (whether by way of delivery or collection) in accordance with any timetable that we may notify to you. However, we do no guarantee delivery or availability for collection in accordance with such a timetable.
(9) General terms
If any provision of these terms and conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms and conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions.
Neither party may assign any rights or obligations arising under these terms and conditions.
Each contract under these terms and conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
Subject to the first paragraph of Section , these terms and conditions contain the entire agreement and understanding of the parties in relation to orders for takeaway food placed on our website, and supersede all previous agreements and understandings between the parties in relation to that subject matter.
These terms and conditions will be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms and conditions.
(10) About us
Our full name is Sakura Takeaway Limited.
Our registered office is 21 North Lane, Headingley, Leeds, West Yorkshire, LS6 3HW which is also our principal trading address.
Our company registration number is .
Our telephone number is 0113 224 2323.