These are the terms and conditions on which our company (“The Company“) and our independent Munch Thru franchisees (“Franchisees“) supply products to you, whether by phone, via our websites (www.munchthru.co.uk and www.munchthru.com) and via any mobile, tablet or other applications (our “Sites“).
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
These terms will also apply to any orders you place by telephone. Telephone orders may be subject to a telephone order charge of £1.50 inc V.A.T. where applicable.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact Munch Thru using our email address, email@example.com before you place an order.
We reserve the right to deny access to this website, our delivery service, or any service we provide via this website, to anyone who violates this agreement, is abusive to our staff, causes us loss of income by any means, or anyone who, in our judgment, interferes with the ability of others to use this website, or infringes the rights of others.
Our Sites are operated by Munch Thru Ltd (“we“, “our” or “us“). We are registered in England and Wales under company number 09683590 at Ashton Self Store, Bentinck Street, Ashton Under Lyne, OL7 0PT. You can contact us using our email address, firstname.lastname@example.org.
Munch Thru is a franchised business, where almost all Munch Thru delivery areas (the “Area(s)“) are owned and operated by independent Franchisees. We operate our Sites on behalf of our Franchisees.
Munch Thru and our Franchisees act independently of the restaurants from which we deliver. We are not affiliated with them in any way and are not representatives of any of the restaurants that we use. We and our Franchisees are the customer of the restaurants and you are our and our Franchisees customer. As such you must not contact them directly in order to file a complaint/issue. We are your point of contact and we deal with your complaint. We or our Franchisees will always try our utmost to get the restaurant to rectify errors they have made. You can either issue a complaint to us via telephone on 0161 300 7257 or using our email address, email@example.com.
Each Franchisee is independently responsible for its own legal and regulatory compliance and for the operation of its own Area(s) and all compliance and other issues arising from any transactions with you. This means that each Franchisee is solely liable for all products you purchase from them via our Sites.
We accept orders in our Areas as agent on behalf of our Franchisees not the Restaurants we use. The legal contract in relation to your order is between you and the Franchisee that operates the Area providing your order. Your order is subject to these terms and conditions.
Subject to your acceptance of our prices and delivery fees, we offer a delivery service to certain prescribed areas of the UK, to ensure that products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have products delivered to your door.
We do not accept orders from individuals to a country in which we do not deliver.
For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
All alcohol and tobacco will be ordered in advance by telephone or internet. Payment will be by debit card or credit card at the point of order. There will be no cash sales and no payment taken at the point of delivery of alcohol or tobacco.
The delivery vehicle shall only carry products which have been ordered in advance. No impromptu street sales of alcohol or tobacco will be accepted and no additional surplus stock will be carried within the delivery vehicle(s).
On the delivery of alcohol or tobacco, if the driver suspects that the customer is intoxicated, underage, physically or verbally abusive, or that they are causing or are likely to cause a public nuisance e.g. Where any customer at the delivery address is creating excessive noise and, or a breach of the peace, for example loud music, arguing, fighting, domestic violence or any other neighbourhood nuisance, the driver will ensure that the delivery of such products is refused and not delivered.
Photographic I.D. will be required to match up with any credit card or debit card that is used to purchase the alcohol or tobacco. Only the person who placed the order (owner of the credit card or debit card used for payment) will be permitted to take delivery of the products. Only a Passport or Photo card Driving licence or a proof of age card bearing the official “PASS” accreditation hologram will be accepted as proof of age. Delivery drivers must refuse any alcohol delivery if they are not satisfied that the person purchasing and or collecting the alcohol is over 18.
No deliveries will be left unattended at the delivery address or with a person under the age of 18.
If the driver believes that the alcohol is to be passed to a person under the age of 18 they will refuse service.
There will be a maximum alcohol sale of £200 to a single residential address within any 24 hour period from the first order.
We are required by law to maintain an electronic refusals record which will be made available to the Police or authorised officers of the Licensing Authority on request. Purchaser ID will be saved within a secure automated system and will be encrypted.
A record will be kept of all refusals of alcohol or tobacco sales. The record will include name, address and details of why the supply was refused. This record will be made available to the Responsible Authorities upon request.
If a delivery is refused due to insufficient ID, or for any of the other reasons detailed above, a charge of £10 including VAT (where applicable) plus the delivery fee appropriate to your order, will be deducted from any refund to which you may be entitled.
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
In line with our fraud protection procedures you must provide a valid name, address, email address and contact telephone number which may be verified before your order is progressed.
Orders submitted that do not contain this information in a useable format (ie, active telephone number or valid email address on which you can be contacted at the time of order), which can be verified prior to delivery do not constitute an agreement to provide the services requested.
If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted. Your contract with the Franchisee is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order.
In the event we decide for any reason not to accept your order, we will contact you using the telephone numbers/e-mail address you provided when placing the order, or registering your details when placing a previous order.
If you order using an account made on our Sites, you are responsible for ensuring that your ‘saved order’ details are up to date, along with your payment card information.
Please check your order thoroughly before accepting it, as it is difficult to rectify mistakes later.
Our Franchisees provide a quality service. We accept no responsibility or liability for the quality or quantity of any products delivered by a Franchisee. All food or drink purchasing and deliveries are the sole responsibility of the Franchisee accepting your order.
We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors such as the weather and traffic conditions, delays in restaurants etc may occasionally prevent us from achieving this.
Our Franchisees will do their best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.
If your order is for delivery and you have requested delivery ‘asap’, our Franchisees will do their best to fulfil your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances facing us at the time. We aim to dispatch and deliver orders as soon as is humanly possible.
Please allow 60 minutes for normal ‘asap’ delivery times. At peak times (or where larger orders that require longer preparation), during extraordinarily busy periods, and orders that require more than one stop by the delivery driver may take longer.
During busy periods, we may not be able to fulfil orders for delivery within the 60 minute time-frame.
If this is the case, we will notify you of this using the telephone numbers provided at the time of ordering, we will make every effort to deliver as soon as is humanly possible. Advance orders however may be taken for delivery during opening hours.
Please understand that delays and/or longer delivery times resulting from the scenarios described are outside of our control, and we always aim to get your order delivered as soon as humanly possible.
We cannot bring forward or prioritise your order over other orders, as that would be unfair to other customers.
You will be contacted on the number provided when ordering if we cannot deliver with the timescale. Deliveries are undertaken by Franchisees or self-employed and employed agents of the Franchisee or the Company.
By placing an order with us, you understand and acknowledge that our Franchisees deliver food, beverages and other items obtained from third parties, but that we are an independent organisation. Munch Thru and our Franchisees do not represent any of the restaurants, we neither display nor act as an agent for these restaurants.
Due to health and safety reasons, we DO NOT permit our drivers to open/check packaging to confirm items or content. If there are any issues with the items you receive, it is the duty of the Franchisee to deal with this.
You have the right to cancel an order by telephoning us on 0161 300 7257 up until the time at which the food has been purchased from the restaurant in respect of your order.
If you wish to cancel an order after food has been purchased, you may, at the Franchisee’s sole discretion, be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that the Franchisee needs to cancel your order after it has been accepted, we will notify you. We and our Franchisees reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for any orders we or our Franchisee cancel. Any payment made prior to an order being cancelled by us or our Franchisee will typically be reimbursed using the same method originally used by you to pay for your purchase.
We do NOT accept order cancellations by text message / messages via our website, Facebook or Twitter and/our email address – please call 0161 300 7257.
Prices are as quoted on our menus and Sites and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT. Prices are set by each Area and will vary between stores. Our decisions in relation to pricing are final and binding. All products are supplied subject to availability.
The prices of items listed on our Sites are the prices we charge in force on the date and at the time which we receive/process your order. We make every effort to ensure that the prices on our Sites are accurate and up-to-date.
Nevertheless, as our Sites contain a large number of products it is always possible that, despite our best efforts, some of the items on our Sites may be incorrectly priced. We are under no obligation to provide or deliver to you at an incorrect lower price quoted on our Sites. We will inform you if this is the case, and you can choose to cancel the order at that point.
Telephone orders may be subject to a telephone order charge of £1.50 inc V.A.T. where applicable.
For concerns regarding nut allergies or any other form of food allergy, we strongly advise customers research the contents and ingredients before placing the order.
Each restaurant operates at certain hours.
These times can be determined by communicating with the respective restaurant, and our delivery hours for these restaurants can be seen on the individual restaurant / menu pages on our website.
Restaurant holiday hours may vary.
We accept payment via debit/credit card or cash. Orders for alcohol can only be paid for by credit/debit card. When placing an order via our website, you will be shown the amount being added for delivery at checkout and before placing your order.
Payments, for orders placed via the Sites, are made directly to us and subsequently passed to the relevant Franchisee. Payments, for orders placed as cash, are made directly to the Franchisee.
We do not accept cheques for any transactions.
If we and/or a Franchisee fail to comply with these terms, we and/or the Franchisee (as applicable) are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
However, we and/or the Franchisee (as applicable) are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you us and the Franchisee at the time of your purchase.
We and our Franchisees only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We and our Franchisees do not exclude or limit our liability for:
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you wish to contact us at any time, you should contact us via telephone on 0161 300 7257 or by using our email address, firstname.lastname@example.org.
We and our Franchisees will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of our Franchisees and includes in particular (without limitation) the following:
We operate a zero violence tolerance policy, and will not accept any verbal or physical abuse to our staff, our Franchisees or drivers.
Any such incidents will be reported to the police and will be prosecuted to the maximum extent of the law
We and our Franchisees reserve the right not to deliver:
– Outside our operating / delivery times
– Outside our delivery zone
– In dangerous weather / driving conditions
– To customers we deem to have been rude to any of our staff, or customers who we deem to be a risk (i.e. non-payers, abusive, etc).
– To customers in public establishments, where that establishment is not a registered delivery address, or where we feel our delivery would conflict with, compromise or affect the operations of that establishment
– To a registered banned customer or addresses
– Alcohol to anyone who cannot provide photographic proof of age showing that they are aged over 18 years at the time of purchase and which can be cross checked against the card used for purchase.
If we or our Franchisees fail to insist that you perform any of your obligations under these terms and conditions, or if we or our Franchisees do not enforce our rights against you, or delay in doing so, that will not mean that we or our Franchisees have waived our rights against you or that you do not have to comply with those obligations. If we or our Franchisees waive a default by you, this will only be done in writing, and will not mean that we or our Franchisees will automatically waive any later default by you.
Each of the 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 paragraphs will remain in full force and effect.
We or our Franchisees may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us and our Franchisees, whether oral or in writing.
We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Copyright © 2016 Munch Thru Ltd.
Last updated 2nd March 2016