Collection Order Consumer Terms and Conditions
This document explains the terms (“Terms”) which apply when you order any menu items (“Items”) from a micro-website on our website at www.paymentsense.com (“Microsite”) that we have hosted on behalf of a third party food and beverage provider (“Outlet”) to be collected by you from the relevant Outlet (a “Collection Order”).
Please read these Terms carefully before submitting a Collection Order on a Microsite. By submitting a Collection Order, you confirm that you accept these Terms. If you have any questions about these Terms or you do not accept these Terms, please contact the Outlet directly in order to place your order and do not place a Collection Order on a Microsite.
- Paymentsense Limited (“Paymentsense” or “we”) is a company incorporated in England with company number 06730690, whose registered office is at 401 Westbourne Studios, 242 Acklam Road, London W10 5JJ.
- Paymentsense’s objective is to link you to the food and beverage providers that have asked us to provide them with a Microsite and allow you to submit orders to them for collection. Paymentsense is not responsible for the content of Microsites, which is provided to us by Outlets. In most cases, Outlets will be Paymentsense’s merchants. When you submit a Collection Order to an Outlet, Paymentsense acts as an agent on behalf of that Outlet in enabling you to submit the Collection Order, however the Outlet will contact you to accept the Collection Order before it is confirmed.
- Each Outlet decides its own operating hours and terms and conditions for the fulfilment of Collection Orders and the provision of Items. All Collection Orders are subject to the relevant Outlet’s terms and conditions. A Collection Order must be for personal consumption and may be rejected at any time, including if an Outlet is too busy to fulfil it or the Items you have ordered are temporarily unavailable. All Items are subject to availability.
- Paymentsense may send you a notification that your Collection Order has been received, however the contract for the supply of Items is between you and the relevant Outlet and only comes into existence when the Outlet confirms the order with you. The total price for your Collection Order will be confirmed to you by the Outlet.
- Outlets may use nuts or other allergens in the preparation of certain Items. It is your responsibility to notify an Outlet of any allergies prior to the Collection Order being confirmed with the Outlet. Paymentsense has no obligation to you with regard to the Collection Order or the Items and cannot guarantee that any Items sold to you by an Outlet are free from allergens, whether you have notified an Outlet of an allergy or not.
- The Outlet will confirm an estimated pick-up time for your Items with you when you place a Collection Order. You will be required to collect your Items directly from the Outlet at the location they tell you. The estimated pick-up time given is not guaranteed and you must follow the instructions given to you by the Outlet with regard to collection and payment.
- You have a right to receive Items which comply with their description, which are of satisfactory quality and which comply with any requirements you have agreed with the Outlet before you place your Collection Order. If you believe your Items do not comply with those rights, please let the Outlet know and they will deal with your complaint in accordance with their own terms and conditions. Paymentsense will not be liable to you in relation to any complaint concerning the Items or an Outlet.
- Age restricted products (including alcohol and products containing tobacco) can only be sold to people who are aged 18 or over. By placing a Collection Order for an age restricted product, you confirm that you are at least 18 years old. Outlets may refuse to sell any age restricted product to any person who does not look at least 25 years old or appears to be under the influence of alcohol or drugs.
- If you wish to amend or cancel a Collection Order once it has been confirmed, this will be subject to the Outlet’s terms and conditions.
- Paymentsense is not responsible to you for any loss or damage that you suffer as a result of our failure to use reasonable care and skill in relation to your use of a Microsite, including in relation to our failure to provide an Outlet with your order in a timely fashion or at all. We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.
- Paymentsense is not responsible to you for an Outlet’s failure to use reasonable care and skill (including in connection with relevant health and safety requirements, the presence of any undisclosed allergens and/or packaging) in relation to a Collection Order or for any breach of your legal rights in relation to Items or any other goods or services provided by the Outlet.
- If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest will be unaffected and will remain in force. We may change these Terms from time to time. These Terms are governed by English law and you can only bring legal proceedings in relation to them in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Ireland, you can bring proceedings in the Irish courts.