TERMS & CONDITIONS
Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.
1. Purchase Contract
2. Price, Delivery and Packaging
3. Methods of Payment
4. Cancellation Rights
5. Warranty and Liability
7. Customer Complaints
8. Special Offers, Promotions and Competitions
9. Cancellation of Deliveries and Suspension of Your Account
1 PURCHASE CONTRACT
1.1 This website is operated by Bloomin’ Kitchen (“we”, “us” or “our”). By using the bloominkitchen.com website you are bound by these Terms & Conditions. All use and orders made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or order will be those in effect at the date of your specific order or use.
1.2 Our service is provided to end-users only.
1.3 We will confirm your order whether placed directly by using the bloominkitchen.com website or as a result of you placing an order by telephone or email.
1.4 Please note that the any order confirmation (whether by email or text) does not constitute our acceptance of your order. Subject to our cancellation rights in clause 11, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
1.5 You must be 18 years old or over and must have completed the registration process in order to participate in our service. If you initiate an order via telephone or email once the menu has been agreed you must set up an account and register your details.
1.6 Private catering services are available through Bloomin’ Kitchen and any enquiries should be made through the “Contact” us section on our website. All terms and conditions contain herein apply to that service unless expressly agreed otherwise.
2 PRICE, DELIVERY AND PACKAGING
2.1 the price of such goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable.
Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 There is a minimum order requirement of £40 (excluding delivery charges) for every order placed.
2.5 Depending on your order size your order may be delivered in an insulated cool bag or cardboard insulted box to keep the temperature stable throughout delivery. A discount can be applied to your order if you return the cardboard insulted box, should you wish to do this you must tick the appropriate box during the checkout stage of your order.
2.6 Our courier company will follow the delivery instructions you provide to us on our website. If a pre-agreed place has not been given to the courier they will leave your order in the safest place possible and advise you of its location via email or text. In the event that you instruct us to leave your order unattended at your address we expressly disclaims all liability which may arise by virtue of the order being left unattended for a period of time.
This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen. Therefore once your order has been delivered by our courier it is your responsibility to return the meals to the fridge/freezer as soon as possible.
2.7 Delivery days are Tuesdays and Fridays between 9am and 6pm. Available delivery days will be as specified on the delivery booking page on the website and will be made to the address specified by you when you register on the website. Should you need to update your address as a result of moving house you must do so by contacting us by email to email@example.com at least 48 hours before any scheduled delivery date. It is your responsibility to provide the correct address any additional costs incurred from providing an incorrect delivery address will be charged to you. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. Currently orders within 5 miles of Tottington are free, addresses 5 – 10 miles of Tottington are £10 and any addresses 20 miles or more of Tottington will need to be quoted for separately by our courier company so please contact us to arrange.
2.8 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 5.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
2.10 Deliveries are limited to one delivery per day per household.
3 METHODS OF PAYMENT
3.1 Payment(s) made using a credit or debit card on our website are processed via PayPal. You do not need to have a PayPal account to use this facility. You cannot pay for your order by cash or cheque.
3.2 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge of not less than £15. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4 CANCELLATION RIGHTS
4.1 If you wish to cancel a food order (including food gift boxes), cancellation can take place up until 3 days prior to a scheduled delivery date. Refunds cannot be offered to you if cancelling with less than 3 days’ notice of your scheduled delivery date.
4.2 If you wish to cancel an order for the provision of private catering more than 7 days ahead of the event date, 50% of the total cost will be refunded. However no refund will be offered if cancelling the provision of private catering within 7 days of the event taking place.
5 WARRANTY AND LIABILITY
5.1 Nothing in these Terms & Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
5.2 In addition to paragraph 2.8, we will not be deemed to be in breach of contract or of these Terms & Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
5.3 Other than as set out in clause 5.1, our maximum liability arising out of any order to you under this contract will be limited to the price of the food or goods contained in that order.
6.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
6.2 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
7 CUSTOMER COMPLAINTS
7.1 Any Customer complaints please contact us on as soon as possible on firstname.lastname@example.org and we will endeavour to respond to you within 24 hours. Back to top
8 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
8.1 From time to time, and in our complete discretion, purchases of food or goods may be subject to special offers. In the event that such a special offer applies to your order, the terms of such special offer shall be subject to these Terms & Conditions. If there is any conflict between the terms of a special offer and these Terms & Conditions, these Terms & Conditions shall prevail unless specifically excluded.
8.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
8.3 We reserve the right to offer at our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
9 CANCELLATION OF DELIVERIES AND SUSPENSION OF YOUR ACCOUNT
9.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms and Conditions or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. In the event that we cancel your order, you will receive email notification and will be invited to contact us on the details set out at the “Contact” page on our website.
9.2 In addition to our right to cancel your order in accordance with clause 9.1 , we reserve the right to suspend your account. Your account will remain suspended until you contact our us on email@example.com and remedy any breaches which are capable of remedy, or provide any information reasonably requested by our us to enable them to reactivate your account.
9.3 In the rare event that unforeseen operational or technical issues occur, we may need to cancel or rearrange delivery. If this happens we will endeavour to contact you to arrange an alternative delivery date.
10.1 If any of these Terms & Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
10.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through bloominkitchen.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the bloominkitchen.com website without our prior written permission. Bloomin’ Kitchen may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the bloominkitchen.com website.
10.3 These Terms & Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. bloominkitchen.com is a trading name of Bloomin’ Kitchen. The registered company address for Bloomin’ Kitchenis 7 Quakersfield, Tottington, Bury. BL8 4AZ