Restokit Limited is an online platform for customers to order and have delivered to them, high quality preprepared, meals, food, beverages, including alcohol and other products as may be available ( “Goods and Services” ). These goods and services are supplied from top class restaurants and retail partners which we then deliver to you. Some of the goods (meals and food ) may require further preparing and cooking, instructions will be supplied from the goods and service suppliers.
Restokit Limited provide the platform for the sale and delivery (delivery is through third party delivery services) of the goods and services. You contract directly with restaurants and retail providers for the good, services and products provided. We act as Third Party Providers only.
1.Acceptance of Terms
1.1 These terms will preside over your use of the website and the goods and services offered to you and you are bound by them during your time on the website and when you order any goods and services and their provision.
1.2 Please read them carefully and ensure you understand the details of these terms prior to accessing the website. These terms cover all of the content, goods and services supplied, information, emails, newsletters and any associated communication to or from the website from us and you.
1.3 When you use the website and the goods and services offered through it you are agreeing to these terms. Your continued use of the website and the goods and services offered is deemed to be full acceptance of these and any amended terms. You are then legally bound by them, whether a visitor or as a registered user as in the same manner when you sign a contract.
1.4 By using the website you represent and warrant that you are a legal person, over the age of 18 and are entitled to use the site and the services offered in it and legally able to enter into a contract. If you do not meet this criteria you must leave the website immediately. Any persons under the age of 18 may not use this website.
3. Our Website and the Goods and Services it offers and Your use of it.
3.1 All images, descriptions and articles on this website will be credited to the original author if it is not ourselves, (which will also be noted ) no copying of any sort of any of the images or content is permitted.
3.2 The images and content are fully protected under copyright laws and may have proprietary rights attached to them. Such proprietary rights may be but not exclusively Intellectual Property Rights.
3.3 Should you breach in any way these rights by reproducing, copying or in any other such way we will prosecute to the fullest extent of the law on behalf of ourselves and our suppliers, partners and others.
3.4 Your access and use of this website the content and goods and services offered on the website, including any goods, services and use, that you may make use of are done so strictly in accordance with these terms.
3.5 You will not during your use of this website, this to include its content and the goods and services offered and made available by its use, use such content and resources for any purpose other than your own personal, private use and not for any form of outside commercial use or for the benefit of any third party other than your own private use.
3.6 You will not use this website and the goods and services offered including its contents and the resources for any unlawful or prohibited purpose.
3.7 You will not in respect of the content, the goods and services offered and the resources available on the site reverse engineer, transfer or participate in the transfer, modify, publish or copy, or in any other such way exploit commercially the content or resources other than permitted by these terms.
4. Restokit’s Obligations to the Customer
4.1 Restokit will take every care and effort to ensure that the descriptions of the meals and other Services as they appear on our website are correct and that all images are a reasonable representation of the goods supplied. The meal descriptions are provided by the applicable restaurant and Restokit has no responsibility for any mis-description or error. We may need to make minor changes to the goods or services supplied these changes will not affect your use of the the good or services that you ordered. We will not usually contact you about these changes.
4.2 We will always be willing to try to accommodate any changes you may wish to make to your order, we will confirm or other wise that we can accept these changes to your order.
4.2 The goods supplied, including the packaging and any labelling, which you order and receive, however, may differ from the description and images on the website.
4.3 Any goods supplied from any restaurant, and not directly through Restokit, we accept no responsibility for it, including but not exclusively, to disclose correctly the ingredients contained in the meals provided. We act as the Third Party Provider for the Restaurant and others supplying the goods and any services in this agreement
4.4 Please ensure that you read carefully the listed ingredients, which are supplied by the restaurant, they will list all ingredients and allergens.
4.5 In respect of good supplied other than perishable goods, as per your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellations and Additional Charges) regulations 2013 you may cancel your order for non perishable goods within fourteen (14) of that order, and if you have any complaints in respect of any goods or services supplied please contact us.
5.The Customers Responsibility to Restokit.
5.1 Customers should place their order through the website, following the prompts and instructions carefully.
5.2 Make your choice or choices and once satisfied they are correct place your order and make payment. You will be given the opportunity to change your order prior to payment and after payment, you may not change order later than (see website for details). You must also supply the correct information as requested to enable us to deliver your order promptly and without error. If you do not give us the correct information for delivery we will not be liable for late or non-delivery of your order. The food shall only be accepted if delivered on the selected delivery day.
5.3 We reserve the right to make any reasonable substitutions to your order due to the unavailability of any part or the whole of your order on the day of delivery.
5.4 You and the restaurant and/or retail partner are the customer and the supplier, and the contract, for the supply of the goods and services, is between you and them, and not with Restokit, we act as the Third Party Provider.
6. Pricing, Payment and Delivery
6.1 The price for the goods supplied is as stated on the pricing offered on the website and is subject to VAT at the prevailing rate and any local taxes which may be applicable.
6.2 Payment will be requested, in full, upon final placement of the order, which will include the delivery charge. Such delivery charge will be detailed separately. We will only deliver the goods and services requested upon full payment.
6.3 We do not offer any refunds or credits against any of the good supplied see clause clause 4.5 for consumer goods. If you have any queries or complaints please contact Restokit, in the first instance by email firstname.lastname@example.org we will make every effort to resolve your complaint, please also see clause 13.
6.4 Delivery will only be to the delivery address provided when you make your order.
6.5 You will be notified of the delivery time the day prior to delivery, but we do not guarantee them. We accept no liability for any losses or damages arising, due to a late or failed delivery, this to the extend that such delay or failure is due to circumstances beyond our reasonable control, and where we are unable to remedy the delay or failure to deliver, this both for any consumer or otherwise.
6.6 We will deliver to the address provided and to the person who identifies themselves to us as the customer. We take no responsibility for the goods, and all risk in the goods passes upon delivery to that person.
7.1 We reserve the right to cancel this agreement and/or any order at any time and for any reason. Should we terminate this agreement we will email you or contact you through the details you have provided (email or text ), should we be unable to contact you we shall have no liability for any losses or damages suffered due to termination. We will make a full refund of your payment in these circumstances
7.2 The accrued rights, remedies, and liabilities of the Parties as at the expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of this agreement which existed before the date of termination.
7.4 Any clause which by its words or intention should survive termination will do so.
8. Liability (consumers and non consumers )
8.1 You do not have nor do we grant any rights to breach any patents, copyrights or intellectual copyrights held. You and only You will be liable for any such breach or breaches. Neither do these rights allow the republication of any content or images which we may not be the copyright, agent or Intellectual Property Right holder of this unless and where we grant a specific right to do so.
8.2 In using the site, goods and services offered you acknowledge and agree that you will not in any way defame, abuse, stalk or harass or otherwise violate any or all legal rights of any other such person using or published on the website.
8.3 We reserve the right to terminate access to the website at any time anyone whom we deem is abusing the use of the website in any way or for any reason without prior notice. To the person whom we deem should be terminated from the website there will be no right of appeal our decision is final and unappealable.
8.4 Nothing in this agreement in any way limits or excludes our liability for negligence causing death, personal injury, fraud, fraudulent misrepresentation or for anything which may not legally be excluded or limited, this includes any agents, officers, contractors, subcontractor or employees.
9. Guarantee of accuracy and indemnity.
9.1 You understand and agree that https://www.restokit.co.uk is an free public access website and an information, goods and service based website. It is intended to provide general information and offers no advice of any sort.
9.2 The information on this website, could contain errors or inaccuracies and it is your sole responsibility to confirm or otherwise the truth of the content on the website. We do not accept any responsibility nor offer any warranty as to the accuracy, content or the reliability of the information contained within the website.
9.3 We exclude all and any liability in respect of the content and its inaccuracy or errors contained on the website and any services or goods provided through it and you acknowledge and agree to this term expressly.
9.4 In following any of the content of this website you fully understand that any results of taking actions that are set forth on this website are as a result of your own efforts. Your position and situation and many other factors are beyond the knowledge and/or control of us.
9.5 You acknowledge and agree that others may attest to different results as your own and that there is no guarantee given as to whether or not you can or will obtain those or similar results.
10. Warranties and liabilities.
10.1 We do not warrant the performance of the website or any goods and services provided through it, nor its operation.
10.2 We do not warrant in any way any of the content neither expressly or implied as to its information, accuracy, or the materials or content. This to the fullest extent permissible by the law.
10.3 Whilst we may provide, through a user name and email registration scheme, resources from the website you agree and acknowledge you have no-rights in respect of those resources, neither to reproduce, modify, alter, edit or in any way exploit the content or in any other ways other than for the purpose for which it is intended and detailed on the website.
10.4 You agree and acknowledge that any of the content, goods and services offered to you by the website may only be used by you and only for personal use and no other such use of them is permitted.
10.5 The content provided on the website is on an “as is” basis only. We shall not be held responsible for your use of the information, goods or services. Use of the website is at your own discretion. We will not be held responsible for any complaints in respect of the resources, goods, services or content provided.
10.6 You agree to waive, fully any liability, damages or loss (howsoever caused ) that you may or any persons who may be associated with you may have suffered as a result of your use of this website, goods and any services supplied through it. This to include but not exclusively the use of any information or the use of any goods or services contained in, or provided through the website. This to the fullest extent permissible by law.
10.7 You acknowledge and agree that Restokit shall not have any liability for all and any type of damages how so ever they arose to include but not exclusively incidental, direct or indirect, equitable, consequential, special or any other such type for you or any associated persons use of the website and any good or services supplied through it. This to the fullest extent permitted by law.
10.9 If you do not use this website and the services offered in accordance with these terms, you have acted fraudulently in any application or information sent to us, we reserve the right to claim from you any reasonable costs that we may incur in taking action to recover, prevent or resolve any liabilities, costs or damages resulting from such action by you.
11. Links on our Website
11.1 We may provide to our customers, links to other resources and websites, where we feel this may be of value to our customers. These websites are operated by third parties and we have no controls over these websites.
11.1 You expressly acknowledge and agree that Restokit has no liability in respect of any third party websites and You agree to waive, fully any liability or loss ( howsoever caused ) that you may or any persons who may be associated with you may have suffered as a result of your use of these third party websites and any services supplied through them. This to include but not exclusively the use of any information or the use of any services contained in provided through these third party websites.
12. Changes to the Website its Content and Terms.
12.1 We reserve the right to change the terms of this website at any time without notice to you.
12.2 We will post any changes on the website and it is your responsibility when you use the website to ensure you read and regularly appraise yourself of the terms.
12.3 You must also ensure that your details as contained on the website are up to date at all times. This is your responsibility.
12.4 If a change to the website terms is considered to be material its effect will only be implemented after thirty (30) days from the date it was posted on the site, any other changes will have immediate effect.
13. Intellectual Property Rights
13.1 All intellectual Property Rights, copy right or trademark used on the website and its content, this to include, without limitation, all design, text, graphics, software, source code and the like connected with the website are owned by Restokit Limited a company registered in the UK, registered number 12598000 and registered address, 3, Unit 7, Allgood Street, London, E2 7DY or others.
13. Dispute Resolution Clause
13.1 You and us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the goods or services or use of the website (collectively, “Disputes”) shall be submitted to arbitration and will be settled by binding arbitration.
13.2 If the parties do not agree upon an arbitrator, either party may request a nomination from the chair of the arbitration.
13.3 You and us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendations will be adopted.
13.4 You and us agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
13.5 You acknowledge and agree that you and us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.
13.6 It is agreed and acknowledged unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
13.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
13.8 Except as provided in clause 13.4, this “Dispute Resolution” section will survive any termination of these Terms.
14. General terms
14.2 The use of this website and to any documents to which it refers, including these terms is to be considered the entire agreement any failure to enforce the terms of this agreement by us cannot be construed as a waiver of any of the terms of this agreement either now or in the future.
14.2 If any of these terms are adjudged to be void, invalid or otherwise unenforceable by any court of competent jurisdiction such determination shall not affect any other part of the terms herein contained and they will continue to apply.
14.3 Any clause contained in this contract which by its words or implication is intended to survive termination of this contract shall do so howsoever this contract is terminated.
14.4 Neither party shall assign any right or obligation here under in whole or in part, only the Parties to this agreement may enforce it, The Contract (Rights of Third Parties ) Act 1999 is therefore excluded.
14.5 Force Majuere: Neither party will be liable for failure or delay to perform obligations under this agreement, which have become practicably impossible because of circumstances beyond their reasonable control.
15. The Laws and Jurisdiction which Govern this Agreement.
15.2 You agree that all and any proceedings connected with this agreement shall be dealt with exclusively by the Courts of England and Wales.
15.4 Any party to an action in respect of these terms shall be entitled to reclaim all and any reasonable legal costs, award of the court or arbitrator incurred or awarded in any action take out against the other Party.
15.5 In conjunction with the right to issue proceeding, should the situation warrant, the parties agree to the right to injunctive relief may be obtained where monetary damages along are not an adequate remedy. This equitable relief shall not be exclusive but may be in conjunction with other remedies sought.
These are the Terms of the website and the supply of the goods and services raided through it of Restokit Limited a Company registered in the UK, registered number 12598000, registered office 3, unit 7, Allgood Street, London, E2 7DY