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Effective from 1 March 2017 - Updated on 2 March 2017
The Site is operated by Food Noise Limited ("we", "our", or "us"). We are registered in England and Wales under company number 9745978 and have our registered office at Kemp House, 152 City Road, London, EC1V 2NX. These terms and conditions comprise 3 parts:
Where we issue Vouchers on the Site to be redeemed at third party suppliers, such transactions are governed by the terms and conditions set out in Part B below. Where we are acting as the supplier and providing FoodNoise Supplied Products to you, the terms and conditions set out in Part C will apply.
Vouchers and FoodNoise Supplied Products are subject to their own terms and conditions as set out in the Fine Print. By placing an order through the Site, you warrant that you agree to and will abide by the Fine Print. In an event of a conflict between these E-Commerce Terms and the Fine Print, the Fine Print will prevail.
Please read these terms and conditions carefully before ordering on the Site. You should understand that by placing an order on the Site, you agree to be bound by these terms and conditions.
In these terms and conditions:
"Offers Page" means the page on the Site which outlines a deal including (i) details of the FoodNoise Supplied Products or (ii) details of the Supplier and the Voucher Products offered by such Supplier;
"FoodNoise Supplied Products" means the goods offered and supplied by FoodNoise.
"Expiry Date" means the date specified on a Voucher after which the Voucher is no longer redeemable at (i) a particular Supplier or (ii) for another Voucher
"Fine Print" means terms and conditions relating to the supply of the Voucher Products or FoodNoise Supplied Products and redemption of the Vouchers as set out on the Deal Page under the headings "Fine Print" and “Full Details” including, but not limited to, the Supplier's Terms and Conditions;
"Returns Information" means the returns information slip included with your FoodNoise Supplied Products;
"Supplier" means a third party seller of goods and/or services;
"Supplier's Terms and Conditions" means terms and conditions issued by the Supplier in relation to the supply of Voucher Products;
"Voucher" means a voucher which you may redeem (i) at a particular Supplier in exchange for Voucher Products offered by that Supplier; or (ii) for another Voucher.
"Voucher Contract" means the contract formed between you and FoodNoise when a voucher code is issued to you for redemption at a Supplier;
"Voucher Products" means the goods and/or services which are offered by a Supplier;
"FoodNoise Supply Contract" means the contract formed between you and FoodNoise for FoodNoise Supplied Products;
Part A - General Terms and Conditions applicable to Part A and Part B
By placing an order through the Site, you warrant that:
2.1 Subject to clause 2.3 below, our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Voucher or the FoodNoise Supplied Products you purchased (as applicable).
2.2 We are not responsible for the Voucher Products and/or any other goods and/or services for which a Voucher can be redeemed at a Supplier. The Supplier is solely liable to you for all Voucher Products and/or any goods and/or services which the Supplier provides to you.
2.3 This clause 2 does not include or limit in any way our liability:
2.4 Subject to clause 2.3, and to the maximum permissible extent under applicable law, we will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:
3.1 After you purchase a Voucher, instead of redeeming it with the Supplier or for credit, you may NOT redeem it towards the cost of another Voucher.
4.1 If you need help with an order, have got a question about a Voucher or wish to make a complaint, you can contact us as follows:
By completing our "Contact Us" form on the Site at http://foodnoise.co.uk/contact/
4.2 We aim to provide an initial response to all questions and complaints within 72 hours.
5.1 When you place an order through the Site, you agree that we can use and process your personal information in accordance with our Privacy Policy.
6.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this 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.
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control ("Force Majeure Event").
7.2 The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.
8.1 If we fail, at any time to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
8.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
8.3 No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
9.1 If any provision of these terms and conditions or any Voucher Contract or any FoodNoise Supply Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining terms and conditions or from the remaining provisions of any such contract which will continue to be valid to the fullest extent permitted by law.
10.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.1 If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform. Information on this service and how it can be used can be found on the platform.
12.1 These terms and conditions are governed by English law. Any dispute arising from, or related to these terms and condition or any Voucher Contract or FoodNoise Supply Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
1.1 After placing an order for Voucher Products, you will receive a receipt from us or our payment processor confirming that we have received your order. Please note that receipt of this email means that your order has been accepted. However, it is your responsibility to safeguard and keep both the email and the unique number provided by us to you. If you misplace/lose either the code or email. It is not our responsibility. We will of course endeavour to assist where we can.
1.2 We reserve the right to change, modify, substitute, suspend or remove any information relating to a Voucher advertised on the Site at any time before a Voucher Contract is formed.
2.1 You may cancel a Voucher Contract without giving any reason within seven days from the day after the day you receive the email/Voucher provided that you have not already redeemed the Voucher (i) at a Supplier. If you cancel during this period, you will receive a full refund of the price paid for the Voucher.
2.2 To exercise the right to cancel a Voucher Contract, you must inform us of your decision to cancel the Voucher via email ASAP to info@foodnoise.co.uk. You must destroy the Voucher and delete any emails sent to you with a copy of the Voucher. If you fail to comply with this obligation and/or attempt to use a cancelled Voucher, we may have a right of action against you for compensation.
Model cancellation form:
To: Food Noise Limited
I hereby give notice that I cancel my/our contract of sale of the Voucher for the following goods[*]/for the supply of the following service[*],
Ordered on [*] /received on [*]
Names of consumer,
Address of consumer,
Date
[*] Delete as appropriate
2.3 You will not have any right to cancel a Voucher Contract where the Voucher has already been redeemed (i) at a Supplier or where the Voucher has passed its Expiry Date.
2.4 If you have cancelled the Voucher Contract in accordance with clause 2.2 above then we will refund the amount paid for the Voucher in full and any refund will be made within 30 days of a cancellation made in accordance with clause 2.2 by the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. In any event, you may incur a small fee as a result of the reimbursement.
3.1 The price of any Voucher and any applicable delivery charge will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 3.2 below. Unless expressly stated on the Site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland.
3.2 It is always possible that, despite our best efforts, some of the Vouchers listed on the Site may be incorrectly priced. We are under no obligation to issue any Voucher to you at the incorrect (lower) price. Furthermore, Suppliers are not obliged to accept any issued Voucher if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you will not receive a full refund of the price paid for the Voucher.
4.1 FoodNoise will issue the Voucher to you. The Voucher will set out the Supplier's details and the Voucher Products (i.e. the goods and/or services which will be offered by that Supplier) and details of how to redeem the Voucher (i) at the Supplier or (ii) where the Supplier has asked us to act as their agent and process the redemptions on their behalf, how to redeem the Voucher with us.
4.2 The Voucher is valid until the Expiry Date. After the Expiry Date the Voucher will be void and (i) the Supplier will not provide the Voucher Products and (ii) we will not accept a request to redeem for another voucher.
4.3 The Voucher Products are provided by the Supplier named on the Voucher in accordance with clause 4.1. The Supplier has a legal duty to supply the Voucher Products in conformity with the Fine Print. Please note that the Supplier is solely responsible for:
If you have any complaint in relation to the Voucher Products you should contact the Supplier directly.
4.4 Reproduction, sale, resale or trade of a Voucher is prohibited and we reserve the right to cancel any Voucher, at our discretion, if we believe that you have not complied with the provisions of this clause 4.4.
4.5 It is at the discretion of the Supplier whether a Voucher can be combined with any other vouchers, offers, promotions, coupons or gift certificates on redemption of the Voucher at the Supplier.
4.6 It is at the discretion of the Supplier whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed at a Supplier for alternative goods and/or services, there is no entitlement to a refund or a credit if such goods and/or services received have a value which is less than the Voucher's stated face value.
4.7 Except where expressly stated, Vouchers can only be redeemed in their entirety and may not be redeemed in part and/or instalments.
4.8 Neither we nor the Supplier are responsible for lost or stolen Vouchers.
After placing your order for FoodNoise Supplied Products you may receive an email receipt from us or our payment processor confirming that we have received your order (“Order Receipt”). Please note that receipt of this email means that your order has been accepted. The contract between us (“Wowcher Supply Contract”) will only be formed when we send an email to you confirming acceptance of the order after the deal closes.
2.1 Unless otherwise stated on the Site, delivery of FoodNoise Supplied Products will only be made to addresses in the United Kingdom mainland.
2.2 In some cases, delivery will only be made to the billing address provided at checkout. If the delivery address and the billing address do not match in these cases, a FoodNoise Supply Contract will not be formed and a refund of the price paid will be issued. The Fine Print will make it clear if this clause 2.2 applies.
3.1 Subject to clause 3.3 below, you may cancel a FoodNoise Supply Contract at any time up to seven days from the day after the day you receive the FoodNoise Supplied Products in accordance with clause 3.2. In this case, you will receive a full refund of the price paid for the FoodNoise Supplied Products. Any refund will be made within 30 days of receipt by us of the FoodNoise Supplied Products, or (if earlier) the day on which you supply us with evidence of having sent the FoodNoise Supplied Products back and by the same method originally used by you to pay for your FoodNoise Supplied Product(s) unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the re-imbursement.
3.2 To exercise the right to cancel a FoodNoise Supply Contract, you must inform us in writing by using the below model cancellation form or you may complete the "Contact Us" form on the site.
You must also return the FoodNoise Products to us immediately to the address set out in the Returns Information included in your delivery, in the same condition in which you received them. Returns to us are at your own cost and risk. You have a legal obligation to take reasonable care of any FoodNoise Supplied Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Where a FoodNoise Supplied Product cannot by its nature normally be returned by post, we will arrange for it to be collected and you will have to bear the direct cost for returning the goods. The cost is estimated at a maximum of approximately £15 for small to medium sized items and £45 for large items.
Model cancellation form:
To: Food Noise Limited
I hereby give notice that I cancel my/our contract of sale of the following goods,
Ordered on [*] /received on [*]
Names of consumer,
Address of consumer,
Date
[*] Delete as appropriate
3.3 You will not have any right to cancel a FoodNoise Supply Contract where the FoodNoise Supplied Product:
4.1 Your order will be fulfilled by the delivery date set out on your Order Receipt or, if no delivery date is specified, then within 30 days of the date of the FoodNoise Supply Contract, unless there are exceptional circumstances.
5.1 FoodNoise Supplied Products will be at your risk from the time of delivery.
6.1 We are under a legal duty to supply goods that are in conformity with the FoodNoise Supply Contract. If you discover a fault with any FoodNoise Supplied Products please let us know promptly following delivery to info@foodnoise.co.uk. We will normally offer a repair, exchange or refund. In all cases, we reserve the right to inspect the FoodNoise Supplied Products and verify the fault. We will pay for the costs of returning faulty FoodNoise Supplied Products. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
7.1 The price of any FoodNoise Supplied Product and any applicable delivery charge will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 7.2 below.
7.2 It is always possible that, despite our best efforts, some of the FoodNoise Supplied Products listed on the Site may be incorrectly priced. We are under no obligation to issue any FoodNoise Product to you at the incorrect (lower) price if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you may not receive a full refund of the price paid for the FoodNoise Products.