These terms and conditions ('Terms and Conditions') apply between the customer ('you') and the supplier, Ottolenghi Limited ('Ottolenghi', 'we' or 'us'), in the current version at the time each order is placed. These Terms and Conditions set out the legal terms that apply to the use of our website, ottolenghi.co.uk ('Website'), your use the Services, and/or the purchase of products via the Website ('Products').
If you continue to use the Website, purchase Products, or use the Services (as defined below), we will take this as your acceptance of these Terms and Conditions.
General Terms and Conditions
1. Understanding these Terms and Conditions
1.1 Introduction. Please read these Terms and Conditions carefully. These Terms and Conditions tell you who we are, how we will provide Products to you, how you and we may change or end your contract to purchase the Products you ordered, what to do if there is a problem, and other important information.
1.2 Interpretation. We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We recommend that you print or save a copy of these Terms and Conditions for your records. We may amend these Terms and Conditions from time to time at our sole discretion, so please check the Website regularly, and each time you use the Services, ensure you understand the legal terms that apply at that time.
1.3 Other terms. These Terms and Conditions should be read in conjunction with the following additional terms, which may also apply to you:
(a) Privacy Policy. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data.
(b) Website Terms of Use. These set out the general terms that apply to your use of the Website.
(c) Refund & Returns Policy. This sets out refund and returns information when you buy Products from us.
2. About us
Who we are. We are Ottolenghi Limited ('Ottolenghi'). These Terms and Conditions are between you and Ottolenghi. We are a company registered in England and Wales and our registered office is at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE. Our company number is 04393165 and our VAT number is 308911505.
3. Services
3.1 Services we provide. The services we offer allow you to (amongst other things):
(a) order catering services from us; and
(b) book a table in one of our restaurants,
(collectively referred to as the 'Services').
3.2 Description of Services. We will provide the Services as described on the Website from time to time. We may, in our sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. We may provide the Services through any of our affiliates.
3.3 Accessing the Services. You may access Services via the Website at any time in accordance with these Terms and Conditions.
4. Our liability to you in relation to the Services
4.1 Liability. If, in providing the Products or Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of such breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is 'foreseeable' if it was an obvious consequence of our breach of these Terms and Conditions or if it was reasonably anticipated by you and us at the time you started using the Services and/or ordered the Products. However, in all cases, we do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) our fraud or fraudulent misrepresentation; or
(c) any other liability which applicable law does not allow us to exclude or limit.
4.2 No liability for commercial use. Unless separately agreed otherwise, we only supply Products and Services for domestic and private use. If you have purchased Products or use the Services in the course of your business or trade, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. Other important information
5.1 Updates to these Terms and Conditions. We may change or supplement these Terms and Conditions (including any supplemental terms referred to herein) from time to time, at our sole discretion. The terms which apply to your order will be those in force at the time you use the Website.
5.2 Assignment and other dealings. We may at any time transfer our rights or delegate performance of our obligations under these Terms and Conditions to any of our group companies or authorised contractors upon written notification to you or general notice on our Website without your prior consent although this will not adversely affect your existing legal rights.
5.3 Severability. Each of the sections, clauses, and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections, clauses, and paragraphs will remain in full force and effect.
5.4 Waiver. If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
5.5 Third parties. A contract formed under these Terms and Conditions is between you and us. No other person shall have any rights to enforce its terms.
5.6 Entire agreement. These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
5.7 Events outside of our control. To the maximum extent legally permitted, we will not be liable or responsible under these Terms and Conditions for any delay or failure to: (i) deliver your order; or (ii) perform any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, accidents, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, adverse or sever weather, earthquakes or other natural disasters, break-down, interruption of transport, government action, or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of Products to you, we will contact you as soon as possible to arrange a new delivery date after the event is over. Where such an event means that we are unable to deliver an order you have placed or delivery is delayed for a period of 90 days or more, either you or we may cancel the order on written notice and any amounts you have paid for the Products will be refunded to you as soon as possible
5.8 Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments, please let us know via our Contact page. Our customer service team operates from Monday to Friday 9:00am to 5:00pm (excluding public holidays).
5.9 Governing law and jurisdiction. Anything related to your order, use of the Products or Services, Your Contract (as defined in the Product Terms), or these Terms and Conditions are governed by English law. To the fullest extent permitted by law, the courts of England shall have the jurisdiction over any dispute or claim relating to these Terms and Conditions. However, the first two sentences of this clause 5.9 in respect of governing law or jurisdiction shall be disapplied to the extent that mandatory applicable law in the country where you live states that you have a right to make claim under local law or jurisdiction.
Product Terms
This section only applies if you are ordering products from us on the Website.
6. The products
6.1 Descriptions. We attempt to be as accurate as possible in the description of the Products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact our customer service team if you would like more information about a Product. The images of the Products on the Website are for illustrative purposes only, and although we attempt to display colours, dimensions, or appearance accurately, we cannot guarantee that your computer's display of the images precisely reflect how the Product(s) actually look. The packaging may also be different from that shown on the Website. If an item you have ordered is not as described, is flawed, or of a lower quality than would be reasonable to expect in the circumstances, you can return it to us. Please see clause 11 below for details of how to arrange a return.
6.2 Changes in specification. On occasion the Product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.
6.3 Labelling and allergies. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. Please make sure to read the labels on the packaging for any allergy inquiries. Do not solely rely on the information given on the Website as mistakes can occur. All of the Products are produced (where applicable) and stored in an environment where nuts are used; the Products may therefore contain traces of nuts.
6.4 Our hampers. Some items in our hampers are subject to minor variation. This includes, but is not limited to, the type of jam, relish, salt, and panettone.
6.5 Affiliates. We are part of various affiliate programs (e.g. Waterstones, Amazon, Bookshop) and may receive commission from qualifying purchases.
6.6 Your rights. As a consumer, you may have certain mandatory legal rights in respect of any Products you order from us. Nothing in these Terms and Conditions will affect these legal rights.
7. Ordering and prices
7.1 Placing orders for Products. To place an order to purchase Products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you have legal capacity to conclude the purchase, that you are an authorised user of the credit or debit card used to place your order, and that you have sufficient funds available to cover the cost of your order.
7.2 Order details. The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate; we are unable to correct any orders once payment has been processed and your order has been accepted.
7.3 Order acknowledgement. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us. We may contact you to say that we have not been able to accept your order. This is typically for the following reasons:
(a) the Products are unavailable;
(b) your payment has not been authorised or confirmed;
(c) you are not allowed to buy the Products from us (e.g. because you are under age to order the selected Products); or
(d) there is a mistake in the pricing or description of the Products as displayed.
7.4 Order acceptance. We will only accept your order when we email you to confirm this ('Order Confirmation'). The Order Confirmation will include a description of the Products purchased in the order and certain other information about your rights to cancel the contract (please see clause 11 below for further information on your rights to cancel the contract). At this point, a legally binding contract for purchase of the Products will take effect between you and us ('Your Contract') and we will dispatch the Products to you.
7.5 Price changes. We reserve the right to change prices at any time. Prices may be changed at any time before, but not after, we issue our Order Confirmation for the relevant Products.
7.6 Pricing and availability. Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price or description of any Products that you have ordered, we will inform you of this as soon as possible. You will then have the option to notify us as to whether you want to: (i) reconfirm your order at the correct price description; or (ii) cancel your order. If we fail to receive your preferred option within a reasonable period or are unable to contact you, your order will be treated as cancelled and you will receive a full refund as soon as possible.
7.7 Delivery costs. Unless otherwise stated on the Website or during the order process, delivery costs are not included in the Product prices and will be charged in addition. The delivery costs (which will include VAT) will vary depending on the products that you have ordered and your delivery address. Please see our FAQs for further details. The delivery costs applicable to your order will be displayed at checkout before you place your order.
7.8 International delivery costs and duties. Depending on your delivery address, different taxation rules and additional charges may apply. If the delivery address is outside the UK, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, we do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information and a "landed cost estimate" before placing your order.
8. Payment
8.1 Prices. If you are viewing the Website from the UK, all prices are quoted in UK pounds sterling (GBP) and are inclusive of VAT (where applicable) but exclude delivery costs unless otherwise stated. For orders outside of the UK, VAT will be deducted from your order where applicable.
8.2 Time for payment. Payment must be made when placing the order. This also applies to any pre-ordered items.
8.3 Payment methods. We accept payment by Visa, Visa Electron, MasterCard, Maestro, and American Express. We do not accept cash, cheques, or alternative forms of payment.
9. Special offers and promotions
We may change the terms of special offers or promotions, or withdraw them altogether, at any time and without prior notice to you. Any promotional offer will only be valid whilst stocks last and are subject to availability.
10. Delivery
10.1 Delivery details. The delivery address and estimated delivery date of the Products will be stated in your Order Confirmation. We will try to ensure that your order is delivered by the estimated delivery date (if given), but there may be circumstances where delivery is delayed because of events beyond our reasonable control as described in clause 5.7.
10.2 Delivery times. Delivery times may vary depending on the availability of the Products and your delivery address. Delivery times, including for "same day" delivery (where available), are estimates only and cannot be guaranteed. You may receive your order in separate deliveries.
10.3 Optional delivery services. In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
10.4 Arranging for redelivery. If no one is available at the delivery address to sign for or receive your order (and no safe spot is provided or available), our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
10.5 International delivery. Details of the countries we deliver to can be found on our Website here. There are restrictions on some Products for certain international destinations, so please review the information on that page carefully before placing an order. If you purchase Products for delivery to an international destination, the following terms also apply:
(a) your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see clause 7.8 for more information on duties and taxes;
(b) your order may be subject to delays if the Products are processed by the local customs authority. The time in which customs authorities process the Products is outside of our control and we will not be liable or responsible in the event the Products have perished or have a limited 'use by date' at the time they are delivered to the delivery address;
(c) you must comply with all applicable laws and regulations of the country for which the Products are destined and we recommend you check with your local customs authority before placing an order; and
(d) we will not be liable or responsible should your order be held or delayed in customs or for any corresponding customers authority's charges.
10.6 Proof of identity. We may not be able to deliver your order if our delivery partner is unable to properly identify you (including your age). You may be asked to provide our delivery partner with a form of ID (e.g. passport of driving licence) on delivery.
10.7 Title and risk. Title in respect of the Products will pass to you when the Products have been paid in full. Risk in the Products will pass to you on them being delivered to the address specified by you when you placed your order. We cannot accept any claim for damage to, or deterioration of, the Products after the delivery has been properly made. We accept no liability (including, but not limited to, issuing you with a refund or replacement Products) for failure to deliver any Products to you or the named recipient where you have provided an incorrect or invalid delivery address and/or if you fail to collect the order when made reasonably available to you.
11. Returns and right to cancel
11.1 General information on returns and cancelling. Please see our Refund and Returns Policy for information on returns and exchanges. For further information on cancelling your order, please see below.
11.2 Right to cancel. Depending on where you live, you may have a right to cancel your order under UK consumer legislation or similar mandatory laws in your own country. Where you are based in the UK or European Union ('EU') and order Products through the Website, you may have a legally specified 'cooling-off' period to change your mind ('cooling-off period'). During such cooling-off period, you may cancel your order prior to delivery or you may return any delivered Products for any reason, subject to the remainder of this clause 11.
11.3 Cooling-off period (UK only). If you are a UK based consumer, you can cancel your order or Your Contract without giving any reason for up to 14 days after the day on which you receive the Products. However, for some Products, you do not have the right to cancel or you may lose the right to cancel in certain circumstances. Please see clause 11.5 for more information on orders which you cannot cancel.
11.4 How to cancel. If you want to cancel your order or Your Contract as described above, you must let us know before the cooling-off period has expired. This can by done by: (i) email, providing your name, address, and order reference; or (ii) completing and returning the cancellation form at the end of these Terms and Conditions and sending it by email (see our Contact page for details).
11.5 Orders which you cannot cancel. You do not have or may lose the right to cancel (as described in clauses 11.2 and 11.3) in respect of the following Products (although this does not affect your rights under these Terms and Conditions if any Products are faulty, or your other statutory rights as a consumer):
(a) Products for which you pay a total of £42.00 or less;
(b) Products that are made to your own specifications or which are clearly personalised (for example, hampers or signed books); or
(c) Products that are perishable or liable to expire rapidly, including fresh food, some alcohol and beverages, and hampers and gift boxes containing such items.
11.6 Return of products. If you cancel an order (or part order) or Your Contract with us within the cooling-off period as specified in this clause 11, you must return the Products within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions in our Refund and Returns Policy. The following terms will also apply:
(a) returns are at your own cost, unless we offered free returns when you placed your order for the Products with us. You should keep a receipt or other evidence from the delivery service that proves you have returned the Products. If you fail to do this and we do not receive the Products back in full, we may not be able to issue a refund;
(b) we will process the refund due to you as soon as possible. In any case, your refund will be completed within 14 days after the day on which we received and authenticated your return, or if earlier, the day on which we receive evidence that you have returned the Products to us;
(c) we will make the refund using the same payment method you used to make your purchase. We only refund standard delivery costs; we do not refund any extra you have paid for express delivery or delivery at a particular time.
(d) we may inspect the returned Products and if we reasonably determine that the value of the returned Products has been diminished as a result of your handling of them beyond what is necessary to establish the nature, characteristics, and functioning of those Products, we may withhold from any refund, a corresponding amount in respect of such lost value up to the price you paid for those Products; and
(e) the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
Last updated: 12 June 2024
Cancellation form
(Complete and return this form only if you wish to withdraw from the contract)
To: Ottolenghi Limited, The Yellow Doors, Nags head Market Service Yard, Hertslet Road, N7 6PL
I hereby give notice that I cancel my contract of sale of the following products:
· Ordered on [*]/received on [*]:
· Name of consumer(s):
· Address of consumer(s):
Signature of consumer(s)
Date
[*] Delete as appropriate.
