TERMS & CONDITIONS OF SALE
INTRODUCTION
These are the terms and conditions of use (the “Terms”) that we, Yum-aste UK LTD of 8 Cwrt Gwenllian, Barry, Wales, CF63 2RE will provide your order (an “Order”) through our website.
When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
In these Terms, when we refer to “we”, “us” or “our”, we mean the Yum-aste UK Ltd (“Yum-aste”); and when we refer to “you” or “your” we mean you, the person making the Order.
1. ORDERING
1.1 You may make your Order through our website for home delivery by us.
1.2 You must be at least 18 years old to place an Order online.
1.3 To make an Order you must first register and sign-in to the account on our website (your “Account”) and then follow the procedure to submit your Order. You should check all the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately and you may not be able to correct any errors.
1.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order (the "Confirmation Email"). These Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate these Terms and shall be a new and separate contract between you and us.
2. DELIVERY
2.1 When you submit a Delivery Order, we will provide you with an estimated delivery time for delivery to the address provided by you. Delivery must be within one of the postcodes set out on the Website. We will not be able to accept from postcodes that we do not deliver to.
2.2 Please note that all delivery times are estimates and the actual delivery time may vary from this estimate. You should also be aware that if you request and we agree to change your delivery address following submission of an Order this may lead to a significant delay in your delivery time.
2.3 If, during delivery of an Order, you or your authorised representative as specified in your Order (as appropriate) fail to take delivery of the Products within five (5) minutes of our delivery driver's arrival (other than due to our material breach of these Terms):
2.3. 1 the delivery shall be aborted; and
2.3.2 you will not receive a refund for your Order.
2.4 You shall be responsible for:
2.4.1 ensuring that the delivery driver has such access and parking facilities as may be reasonably required to carry out the Order;
2.4.2 ensuring that either you or your authorised representative (as specified in the Order) are present to take delivery of the Products at the delivery place specified in your Order; and
2.4.3 providing us with your up-to-date contact details in your Account and/or Order.
3. PAYMENT
3.1 Our prices for the menu and (if applicable) for delivery and service are set out on our website and are inclusive of VAT.
3.2 It is always possible that, despite our best efforts, some of the menu item may be incorrectly priced. We will normally check prices before accepting your Order so that, where an item’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the item’s correct price at the time of your Order 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 and refund you any sums you have paid.
3.3 If your payment is not authorised, your Order will not be sent through to the restaurant or fulfilled.
4. CANCELLATION & REFUNDS
4. 1 Please note that you do not have a right to cancel any contract for items on our menu under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
4.2 Once your order is made you may request that your Order is cancelled or changed after it has been submitted, but this may not be possible. No refund will be permissible if the attempt to cancel is made after we have started to prepare your Order.
4.3 If you cancel or change your Order, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting our customer support team (see below for details). Where applicable, we will process refunds within ten (10) working days but the times for this may vary depending on your bank.
5. OTHER REFUNDS
5.1 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms, please contact us by email to discuss a replacement or refund.
5.2 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the items in a particular Order, we will attempt to contact you to discuss an alternative, or refund the value of the menu items that we were unable to fulfil and, if the full Order is cancelled, any delivery and service charges. You may obtain a refund by contacting our by email.
Where applicable, we will process refunds within ten (10) working days but the times for this may vary depending on your bank.
6. OUR MENU
6.1 We endeavour to provide information on any allergens that the items on our menu may contain, but please note that:
6.1.1 because all our food is cooked to order in the same kitchen we cannot guarantee and make no warranty that our food will not contain any allergens. Pease see clause 6.3 below for further information regarding allergens in our menu.
6.1.2 the kitchen is a busy working environment and there is a risk of cross-contact between ingredients;
6.1.3 we cannot cater for specific dietary requirements. The allergens for each menu items is set out on the Website.
6.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.
6.3 We serve most of the allergens listed below in at least one product on our menu, so there may be a risk of cross contact. Allergens in our kitchen could include:
6.3.1 Gluten
6.3.2 Nuts & derivatives
6.3.3 Peanuts & derivatives
6.3.4 Fish & derivatives
6.3.5 Egg & derivatives
6.3.6 Crustaceans
6.3.7 Molluscs
6.3.8 Milk & derivatives
6.3.9 Soya & derivatives
6.3.10 Celery
6.3.11 Mustard
6.3.12 Lupin
6.3.13 Sesame seeds
6.3.14 Cereals containing gluten
6.3.15 Sulphur dioxide (> 10 mg/kg)
6.3.16 Monosodium glutamate
6.3.17 Irradiated foodstuff
6.3.18 GM matter
6.4 While we put as much information about the allergens in our menu, we understand that you may have questions about our food. If you have any specific questions, please contact us by email.
6.5 If you have special dietary requirements you must state your requirements at the time you place your Order in the notes box of the Order form to allow our staff to take all reasonable precautions to avoid cross contact.
6.6 Were we have taken responsibility for minimising cross contact we will add ‘allergy order’ to your Confirmation Email.
6.7 Please note that we are not a vegetarian, halal, or kosher kitchen however we do take specific steps to segregate our non-meat products from our meat products as follows:
6.7.1 a segregated area of the grill is defined for the exclusive cooking of non-meat products; and
6.7.2 separate utensils are always used with non-meat products.
7. OUR LIABILITY
7.1 Nothing in these Terms excludes or limits our liability for:
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 Subject to clauses 7.1 and 7.3 our maximum liability to you, in respect of any particular Order, will be limited to the value of that Order (which includes any delivery and service charges) as set out in the relevant Confirmation Email.
7.3 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 or if it was contemplated by you and us at the time of the conclusion of the contract for your Order.
7.4 We only supply Orders for domestic and private use. You agree not to use your Order 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.
7.5 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
8. SUSPENSION AND TERMINATION
8.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
8.1.1 issue a warning to you;
8.1.2 suspend or terminate your Account;
8.1.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
8.1.4 take further legal action against you; and/or
8.1.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
9. CHANGES TO THESE TERMS
From time to time, we may make changes to these Terms (for example, if was a change in the law or we started to offer different services) but the Terms applicable will be the terms on this website when you made your Order
10. GENERAL TERMS
10.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11. GOVERNING LAW AND JURISDICTION
11. 1These Terms and any and any dispute or claim arising out of or in connection with your Order (including non-contractual disputes or claims), will be governed by the laws of England and Wales.
11.2 The courts of England and Wales will have exclusive jurisdiction over any dispute between you and us.
12. CONTACTING US
If you need to contact us please contact us:
By email at: yumastecardiff@gmail.com;
These Terms were last updated on 18 October 2024.
