TERMS AND CONDITIONS
Nando’s Chickenland Limited is a company registered in England and Wales under company number 02580031, with its registered office at St Marys House, 42 Vicarage Crescent, London, SW11 3LD, operating from Erico House, 93-99 Upper Richmond Road, London SW15 2TG and with VAT number GB 662 8275 13 ("Nando's", "we", "us" or "our”). Nando's operates three websites: https://www.nandos.co.uk (the "Nando’s Website"), https://takeaway.nandos.co.uk/ (the “Collection Website”) and https://delivery.nandos.co.uk/ (the “Delivery Website”).
1. Understanding these Terms and Conditions
1.1 It is often said that three is the charm, and as such, these terms and conditions ("Terms and Conditions") are divided into three (very interesting and equally important) parts:
1.1.2 part 2: the terms of sale ("Terms of Sale"). These set out the terms on which you may order the products available on the Collection Website and the Delivery Website ("Products"). The Terms of Sale will become binding on you when you submit an order for Products via the Collection Website or the Delivery Website; and
1.2 When certain words and phrases are used in these Terms and Conditions, 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 and Conditions 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).
1.3 When we refer to "we", "us" or "our", we mean Nando’s Chickenland Limited. When we refer to "you" or "your" we mean you, the person accessing or using the Nando’s Website, the Collection Website and/or the Delivery Website.
1.4 Please note: as referenced in clause 7.2 below, the only third party delivery company that we supply Products to is Deliveroo. In particular, note that:
1.4.1 you must not attempt to order Products from any third party other than Deliveroo. We reserve the right to refuse, without refund, any orders placed through any third party other than Deliveroo; and
1.4.2 in addition to clause 6.4, if you are a third party delivery company (other than Deliveroo), you may not order Products from us for delivery to consumers and we reserve the right to refuse, without refund, any orders placed.
2. The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.
2.4 You may only use the Website for your own domestic, private and non-commercial use.
3. Your account and password
3.1 You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). If you register an Account, you will be asked to provide your email address and create a password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. It is best practice to create different passwords for each account.
3.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at firstname.lastname@example.org.
3.4 You are responsible for any unauthorised use of your Account login details.
4. Acceptable use
4.1 You agree not to:
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
User Generated Content
4.2 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2 it must not harass or bully another person;
4.2.3 it must be true and honest so far as you know;
4.2.4 it must not be defamatory of anyone;
4.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.1 comment facilities;
4.4.2 chat rooms; and/or
4.4.3 bulletin boards,
(together "Interactive Services").
4.5 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.6 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
4.7 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.8 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5. Intellectual property
5.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Nando's name and mark and Nando's product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our Products. In particular, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our services and Products for any purpose including in relation to the promotion of our services and Products.
6. Our liability
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, 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.
6.5 We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
PART 2: TERMS OF SALE
7. Ordering Products
7.1 There are two ways in which you may order Products online directly from us:
7.1.1 you may order via the Collection Website if you wish to collect your Products in-store ("Collection Orders"); or
7.1.2 you may order via the Delivery Website for home delivery by us ("Delivery Orders"),
each an "Order".
7.2 You may also order Products by phone for collection in-store. In this case, please call the relevant restaurant telephone number available on the Nando’s Website and follow the instructions of the operator. You will be required to pay for such order when you collect your Products from the relevant restaurant. Whilst these Terms and Conditions of Sale do not apply to collection orders made by telephone, clauses 11 and 12 below will apply (and, for those purposes, “Order” will be read to include a telephone collection order).
7.3 You may also order Products via Deliveroo for home delivery ("Deliveroo Orders"). In order to submit a Deliveroo Order, please follow the process set out on the Deliveroo website. If you submit a Deliveroo Order, your order will be subject to the terms and conditions of Deliveroo at the time that you submit your order.
7.4 You must be at least 18 years old to place an Order.
7.5 In order to submit a Collection Order via the Collection Website or a Delivery Order via the Delivery Website you must first register an Account and then follow the procedure set out on the Collection Website or Delivery Website (as applicable) to submit your Order. You should check all of 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 (see clause 10 for further details).
7.6 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 of Sale, the General Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and General Terms and shall be a new and separate contract between you and us.
8. Collection and delivery
8.1 Your collection time will be set out during the Order process.
8.2 If you do not collect your Order within thirty (30) minutes of your collection time, your Products will be disposed of and you will not receive a refund.
8.3 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 change your delivery address following submission of an Order this may lead to a significant delay in your delivery time.
8.4 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 of Sale):
8.4.1 the delivery shall be aborted; and
8.4.2 you will not receive a refund for your Order.
8.5 You shall be responsible for:
8.5.1 ensuring that we and/or our contractors have such access and parking facilities as may be reasonably required to carry out the Order;
8.5.2 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;
8.5.3 providing us with your up-to-date contact details in your Account and/or Order.
8.6 If your payment is not authorised, your Delivery Order will not be sent through to the restaurant or fulfilled.
9.1 The prices for the Products and (if applicable) for delivery are set out on the Collection Website or Delivery Website (as applicable) and are inclusive of VAT. Please note that if your Delivery Order is below a minimum value then an additional charge, as set out on the Delivery Website during the ordering process, may also apply.
9.2 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product'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 Product'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.
9.3 If your payment is not authorised, your Order will not be sent through to the restaurant or fulfilled.
9.4 Discounts or promotions are currently not available when ordering on the Collection Website or the Delivery Website.
Cancellation/changes to an Order
10.1 Please note that you do not have a right to cancel any contract for Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
10.2 However, you may request that your Order is cancelled or changed after it has been submitted, but this will only be possible before the applicable restaurant has received the Order. This can be done by contacting the Customer Experience Team by telephone using the details set out in clause 18. No refund will be permissible if the attempt to cancel is made after the restaurant has received the Order.
10.3 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 Experience Team (see clause 18 below for the contact details). We will process refunds within ten (10) working days.
10.4 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 of Sale, please contact our Customer Experience Team to discuss a replacement or refund.
10.5 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by contacting our Customer Experience Team (see clause 18 below for the contact details).
11.1 We endeavour to provide information on any allergens that the Products may contain on the Nando’s Website Website, but please note that:
11.1.1 because all Products are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Products will not contain any allergens;
11.1.2 the kitchen is a busy working environment and there is a risk of cross-contamination between ingredients;
11.1.3 for Collection Orders, customers with special dietary needs should contact the relevant restaurant (using the telephone number listed on the Nando’s Website) before they place their order to allow staff to take all reasonable precautions to avoid cross contamination;
11.1.4 for Delivery Orders, customers with special dietary needs should contact our Customer Experience Team (see clause 18.3 below for the contact details) before they place their order to allow staff to take all reasonable precautions to avoid cross contamination; and
11.1.5 please consult our menu terms and conditions for further information regarding allergens in the Products.
11.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.
12.1 Nothing in these Terms of Sale excludes or limits our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation; and
12.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
12.2 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale 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 or if it was contemplated by you and us at the time that the contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
12.3 We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order. Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
12.4 We only supply Products for domestic and private use. You agree not to use the Products 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.
12.5 Notwithstanding clause 12.2, and subject to clause 12.1, our maximum liability to you under these Terms of Sale in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
PART 3: GENERAL TERMS
13. Suspension and termination
13.1 If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
13.1.1 issue a warning to you;
13.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Nando’s Website, the Collection Website and/or the Delivery Website;
13.1.3 temporarily or permanently withdraw your right to use the Nando’s Website, the Collection Website and/or the Delivery Website;
13.1.4 suspend or terminate your Account (and any refunds for outstanding Orders will be in our sole discretion);
13.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
13.1.6 take further legal action against you; and/or
13.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
14. Your personal information
15. Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms of Sale applicable at the time of your Order will apply to that Order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Nando’s Website, the Collection Website and/or the Delivery Website and/or order Products.
16. Other important information
16.1 Each of the clauses of these Terms and Conditions 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.
16.2 If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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.
16.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
17. Governing law and jurisdiction
17.1 These Terms and Conditions are governed by English law. This means that your access to and use of the Nando’s Website, the Collection Website and the Delivery Website, your purchasing of Products, and any dispute or claim arising out of or in connection therewith will be governed by English law.
17.2 You can bring proceedings in respect of these Terms and Conditions in the English courts. However, as a consumer, if you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Conditions in either the Northern Irish or the English courts.
17.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including clause 17.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
18.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurence in the future. You can always contact us using the following details:
Address: Nando’s Customer Experience, Erico House, 93-99 Upper Richmond, London, SW15 2TG
Telephone number: 0800 975 8181
Email address: email@example.com
Terms and Conditions last updated February 2017