1. Website Access and Terms
1.1 Website Access:
You are welcome to access certain areas of the AfroEat Website without placing an order or registering your details with us. The majority of the Website is accessible to all visitors.
1.2 Acceptance of Terms:
By accessing any part of the AfroEat Website, you agree to these Website Terms. If you do not agree to these Website Terms, please exit the Website immediately. Note that you will not be able to order any products through the Website unless you accept these terms.
1.3 Revision of Terms:
AfroEat reserves the right to revise these Website Terms at any time. It is your responsibility to check the Website regularly for the current Website Terms, as they are binding upon you. You will be subject to the policies and terms and conditions in place at the time you place an order through us.
1.4 Your Responsibility:
You are responsible for ensuring that you have the necessary arrangements to access the AfroEat Website. This includes ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and comply with them.
1.5 Accuracy of Information Provided:
You confirm that all information you provide to AfroEat, including but not limited to information given to our Customer Care team, is true, accurate, and up-to-date in all respects. You agree to promptly notify us of any changes to the information that you have provided.
2. Your Status
2.1 Capacity and Age:
By placing an Order through the AfroEat Website, you warrant that:
2.1.1. You are legally capable of entering into binding contracts; and
2.1.2. You are at least 18 years old, which is the minimum age required to form a binding contract and to order products through AfroEat.
2.2 Allergies and Intolerances:
You acknowledge and agree that if you have a specific allergy or intolerance, it is your responsibility to contact the merchant directly to verify that the product is suitable for you before placing your order.
2.3 Age Restricted Items:
You acknowledge and agree to the following regarding Age Restricted Items, such as alcohol and tobacco products:
2.3.1. It is an offence for anyone under the legal age to purchase, or attempt to purchase, Age Restricted Items, or for anyone to purchase them on behalf of someone who is under the legal age.
2.3.2. If your order includes Age Restricted Items, you will be required to provide proof of age upon collection or delivery. Failure to provide valid proof of age, or if there is suspicion that the purchase is on behalf of an underage individual, will result in refusal of collection or delivery of the Age Restricted Items.
2.3.3. Collection or delivery of Age Restricted Items may also be refused if you are, or appear to be, under the influence of alcohol or drugs.
3. How to Make an Order and How It Is Processed
3.1 Compiling Your Order:
When you have selected your desired products from a Business on AfroEat and provided the required information, you can submit your order by clicking the "proceed," "place my order," or a similar button. Please ensure you review and correct any errors in your order before submission. Upon clicking this button, you enter into a contract with the Business, and errors cannot be corrected post-submission. If you haven't logged in or created an account, you may have the option to proceed as a guest, subject to the terms for guest accounts detailed here.
3.2 Amending or Cancelling Your Order:
After submitting your order and authorizing payment, changes or cancellations are not typically possible, and refunds are not normally issued. Should you need to amend or cancel your order, you may contact the Business directly if their contact details are available, or reach out to AfroEat's Customer Care team. While we will endeavor to communicate your request to the Business, we cannot guarantee changes or cancellations once the order is being processed.
3.3 Payment Authorization:
If your payment is not authorized, your order will not be processed or sent to the Business.
3.4 Processing Your Order and Business Rejections:
Upon receiving your order, we will forward it to the Business and notify you that your order is being processed. This confirmation does not guarantee fulfillment by the Business. We will notify you if the Business rejects your order for any reason. If an order is rejected, any payment made will be refunded as outlined in paragraph 5.6.
4.5 Delivery of Your Order:
Estimated delivery or collection times are provided by the Businesses and are approximate. We do not guarantee that orders will be delivered or available for collection within these estimates. If you are not available at the delivery address to receive your order, we will make reasonable efforts to contact you. In case we cannot reach you, we may leave the order at a nearby safe location. We are not responsible for the order after delivery.
4.6 Commercial Agency:
For clarity, any orders processed through AfroEat are in our capacity as an agent of the relevant Business.
4. Price and Payment
4.1 VAT and Additional Costs:
Prices quoted on the AfroEat website include VAT but may exclude delivery costs and any service charge, which will be added where applicable. Delivery fees may vary based on factors like location and the specific Business selected. These costs will be clearly indicated before you complete and pay for your order.
4.2 Incorrect Pricing:
The AfroEat website contains a vast array of products, and some may have incorrect prices. If the correct price is higher than the one on the website, we will contact you before dispatching the order. AfroEat and the Business are not obligated to provide the order at the incorrect lower price or compensate for incorrect pricing.
4.3 Payment Methods:
Orders must be paid using an accepted credit or debit card through the website or in cash at the point of delivery or collection.
4.4 Card Payments:
If paying by credit or debit card, you may need to show the card at the time of delivery or collection as proof of identification. Please note there may be delays in processing card payments, resulting in transactions taking up to 60 days to be deducted from your account.
4.5 Credit and Discount Vouchers:
Credit or discount vouchers from AfroEat may apply to your order, subject to our Voucher Terms & Conditions. Your bank or card issuer may "ring-fence" the full amount of the order before any discount. The credit or discount will be applied when the funds are transferred to us, with the discounted amount released back into your balance.
4.6 Rejected Orders:
For orders paid by card and subsequently rejected or cancelled, the funds will be released back into your account by your bank or card issuer, typically within 3 to 5 working days.
5. Customer Care
5.1 General: Customer care is a priority at AfroEat. Our Customer Care team will assist you with any issues related to your order. You can contact them through the help options on our website.
5.2 Questions About Your Order:
If you have issues with your order, such as delays, you can contact our Customer Care Team for assistance.
5.3 Changing or Cancelling Your Order:
To change or cancel an order after submission and payment authorization, contact the Business directly or reach out to our Customer Care team for assistance.
5.4 Complaints or Feedback:
If you are dissatisfied with a product or service, please provide feedback through our Reviews system. We value honest, genuine reviews based on your experience.
5.5 Compensation:
For issues related to product quality or service, please contact us within 24 hours of placing your order. We may process refunds or offer compensation based on the circumstances.
5.6 Processing Refund Requests:
For refund processing, we may require evidence of issues with your order. We will consider various factors, including your order details and history, before processing a refund.
5.7 Statutory Rights:
Your legal and statutory rights for ordering products and services via our website are not affected by the above terms.
6. Licence
6.1 Terms of Permitted Use:
The AfroEat website is for your personal, non-commercial use. You must not misuse the website, including hacking or "scraping." You must acknowledge our copyright for any material used.
6.2 Limitation on Use:
The website may not be used for any commercial purposes without obtaining a license from us.
6.3 Reservation of Rights:
Rights not expressly granted in these terms are reserved by AfroEat.
Here is a customized version of the sections "Website Access," "Visitor Material and Reviews," "Links to and from Other Websites," "Disclaimers," and "Liability" for AfroEat:
7. Website Access
7.1 Website Availability:
While AfroEat aims to ensure the Website is accessible 24 hours a day, there is no obligation to do so. AfroEat is not liable if the Website is unavailable at any time or for any period.
7.2 Suspension of Access:
Access to the Website may be temporarily suspended without notice at AfroEat's discretion.
7.3 Information Security:
The transmission of information via the internet is not completely secure. Although AfroEat takes necessary steps to protect your data, the security of your data transmitted to the Website cannot be guaranteed; any transmission is at your own risk.
8. Visitor Material and Reviews
8.1 General:
Except for personally identifiable information covered under our Privacy Policy, any material you transmit to the Website (including Reviews) is considered non-confidential and non-proprietary. By submitting such material, you grant AfroEat the right to use this material freely. Visitor Material must comply with the restrictions set out below.
8.2 Visitor Material Policy:
You must not post material that breaches any law, is unlawful or fraudulent, amounts to unauthorized advertising, or contains harmful programs.
8.3 Visitor Reviews Policy:
Reviews must not be defamatory, offensive, promote violence or illegal activity, infringe on intellectual property rights, or breach any legal duty.
8.4 Removal of Reviews:
AfroEat reserves the right to remove any Reviews or material that breaches these policies or is otherwise objectionable.
8.5 Use of Reviews:
Reviews are for informational purposes only and do not constitute AfroEat's advice or endorsement.
8.6 Liability:
You agree to indemnify AfroEat against any claims arising from your breach of these policies.
8.7 Disclosure to Authorities:
AfroEat will cooperate with authorities requesting disclosure of information related to unlawful material.
9. Links to and from Other Websites
9.1 Third Party Websites:
Links to third-party websites are provided for convenience only. AfroEat is not responsible for the content or availability of these sites.
9.2 Linking Permission:
You may link to AfroEat's homepage provided you do so fairly and legally.
10. Disclaimers
10.1 Website Information:
While we strive for accuracy, AfroEat does not guarantee the completeness or timeliness of information on the Website.
10.2 Allergy and Dietary Information:
AfroEat publishes dietary information provided by Businesses. For allergy concerns, contact the Business directly.
10.3 Business Actions and Omissions:
The contract for product supply is between you and the Business. AfroEat has no control over Business actions.
11. Liability
11.1 General:
AfroEat's liability for death, personal injury, or fraudulent misrepresentation is not limited.
11.2 Exclusion of Liability:
Subject to clause 11.1, AfroEat is not liable for indirect losses related to Website use.
11.3 Limitation of Liability:
AfroEat's total liability is limited to twice the value of your order or £100, whichever is lower.
11.4 Additional Costs:
You are responsible for any costs incurred as a result of using the Website.
12. Termination
12.1 Grounds for Termination:
AfroEat may terminate or suspend your right to use the Website if we believe that you have:
Breached the license terms (paragraph 7.1).
Posted material in violation of Visitor Material and Review policies (paragraphs 9.2 or 9.3).
Breached the terms regarding links to and from other websites (paragraph 10.2).
Violated any other material terms of these Website Terms. Engaged in misuse, unauthorized, fraudulent, or suspicious activity.
Significantly or repeatedly breached information accuracy requirements (paragraph 2.5).
12.2 Obligations upon Termination:
Upon termination or suspension, you must immediately cease using the Website and destroy any downloaded or printed extracts from it.
13. Written Communications
As required by law, some communications with AfroEat will be in writing. By using the Website, you accept that communication with us will be primarily electronic, via email or notices posted on the Website. All electronic communications will comply with legal requirements for written communications.
14. Events Outside Our Control
14.1 Force Majeure:
AfroEat is not liable for failure to perform obligations due to events outside our reasonable control (Force Majeure Event).
14.2 Definition of Force Majeure Event:
Includes, but is not limited to, industrial action, civil unrest, terrorist threat, war, natural disasters, transport disruptions, and government actions.
14.3 Suspension During Force Majeure:
Our obligations are suspended for the duration of the Force Majeure Event, and we will endeavor to find a solution to perform our obligations despite the event.
15. Additional Terms
15.1 Privacy Notice:
Your privacy is important to us. All personal data collected will be processed as per our Privacy Notice.
15.2 Other Terms:
Review our Cookies Policy, Voucher Terms and Conditions, and Competitions Terms and Conditions, which are incorporated into these Website Terms.
15.3 Severability:
If any part of these Terms is deemed invalid, the rest will continue to be valid.
15.4 Entire Agreement:
These Terms constitute the entire agreement between you and AfroEat.
15.5 No Waiver:
Failure to enforce any part of these Terms is not a waiver of rights.
15.6 Assignment:
You may not transfer your rights under these Terms without our consent. AfroEat may transfer its rights to affiliates or in business transactions.
15.7 Headings:
Headings are for convenience and do not affect interpretation.
16. Governing Law and Jurisdiction
16.1 Governing Law:
These Website Terms are governed by English law. Legal proceedings can be brought in English courts, or in your local courts if you reside outside England.
16.2 Consumer Rights:
These Terms do not affect your statutory consumer rights and the right to rely on local law provisions.