1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, whether these are food items or goods. Please read these terms carefully before you submit your order to us and/or register to our Rewards Programme. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 These terms should be read in conjunction with our privacy and cookies policy https://www.smoqueburger.co.uk/privacy-policy and our Rewards Programme terms https://www.smoqueburger.co.uk/yourloyaltypointsandrewards
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are SmoQue Grill Limited, trading as SmoQue Burger, a company registered in England and Wales. Our company registration number is 09068490 and our registered office is at Harrington Road, Brighton, East Sussex, BN1 6RE. Our registered VAT number is [213832334].
2.2 You can contact us by writing to our registered office above, calling us on 01273 684681, emailing us at admin@smoqueburger.co.uk or by using the contact form on our website https://www.smoqueburger.co.uk/contact
2.3 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 to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 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 the product is out of stock, because of unexpected limits on our resources which we could not reasonably planed for, because the delivery address that you have provided is beyond our delivery zone, because we have identified an error in the price or description of the product or because a product or promotion is no longer available.
3.4 The radius to which we will deliver our products will be as stated on the website. Unfortunately, we do not accept orders from or deliver to addresses outside of the delivery radius.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, as our products are made specifically to your requirements, we cannot guarantee that it will appear exactly as shown on the website and all sizes and weights stated can vary.
4.2 We reserve the right to remove any of our products from the website.
4.3 Some of our products that can be claimed through the Rewards Programme are supplied solely by third party providers and any contractual obligations arising in regards to the goods or services offered will be with that third party supplier only and subject to that third party’s terms and conditions.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We reserve the right to make changes to the products that we sell on our Website at any time without notification to you.
6.2 We reserve the right to change or withdraw any products that can be redeemed under the Rewards Programme at any time without notification to you.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on our website.
7.2 Products claimed under our Reward Programme will only be delivered to you a food order and will not be delivered separately. Alternatively, you can arrange to collect the product from a local outlet but these will be subject to availability so please contact the outlet in advance to check availability.
7.2 During the order process we will inform you of an approximate time when the products will be ready for collection from the local outlet, or the approximate time of delivery.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will 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.
7.5 If no one is available at your address to take delivery and the products then the products will be returned to the local outlet and you can either arrange to collect them or pay to us a further delivery fee. If you do neither within 2 hours of our attempted delivery, perishable products will be destroyed (but you will still be charged). Any items that were redeemed under the Rewards Programme will be kept for 5 days for you to collect but if you do not collect them within that time we may end the contract for those products and will re-credit your points to your Rewards Programmes but we may deduct points as compensation for the net costs we will incur as a result of your breaking the contract.
7.11 When you become responsible for the goods. All products will be your responsibility from the time we deliver them to the address you gave us or you collect it from us.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Once you have submitted an order for our food products, you have no legal right to change your mind.
8.2 You may have rights to end the contract for products paid for under the Rewards Programme but please refer to the Rewards Programme terms and conditions.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01273 684681 or write to us at feedback@smoqueburger.co.uk. Alternatively, please speak to one of our staff in your local outlet.
11.2 If the product is unacceptable or you are unhappy with our service, you may request a refund and we collect the food on the same day from you. No refund will be offered the following day.
12. PRICE AND PAYMENT
12.1 The price of our product (which includes VAT) will be the price indicated on the website.
12.2 The Regard points required to redeem a specific product will be as indicated on the website.
12.3 Payments for our products must be made at the time you submit your order. Payment methods are as indicated on the website.
12.4 We use our best efforts to ensure that the price of the product advised on the website, and the points required to redeem for specific products is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.5 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.6 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell or advertise may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. This clause applies equally to our food products and our products offered under the Rewards Programme.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 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 our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
13.3 We are not liable to you whether in contract or tort for any products that you purchase through the Rewards Programme where those products or services are supplied directly to you by a third party supplier.
13.4 We are not liable for business losses. We only supply the products to you as an individual and for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order or registration process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to other third parties where (i) the law either requires or allows us to do so; or (ii), where you have redeemed your Reward points for goods or services that are to be supplied by a third party
Please see our full privacy and cookies policy – https://www.smoqueburger.co.uk/privacy-policy
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.3 You are solely responsible to ensure that you keep your log-in and account details confidential. We will not be liable if anyone one uses your account or log-in details to either make purchases from us or redeem points held in the Reward Programme.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
15.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.6 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We are not presently enrolled with an ADR but, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
