Consumer Terms and Conditions for Orders
This document explains the terms (“Terms”) which apply when you order any goods or services (“Items”) from a micro-website on our website at www.paymentsense.com (“Microsite”) that we have hosted on behalf of a third party provider (“Outlet”) to be collected by you from the relevant Outlet (a “Collection Order”) or delivered by the relevant Outlet to an address that you specify (a “Delivery Order”), Collection Orders and Delivery Orders being referred to collectively in these Terms as “Orders”.
Please read these Terms carefully before submitting an Order on a Microsite. By submitting an 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 an 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 third party providers that have asked us to provide them with a Microsite and allow you to submit orders to them for the collection or delivery of Items. Paymentsense is not responsible for the content of Microsites, which is provided to us by Outlets. In most cases, Outlets will be Paymentsense’s customers and Paymentsense will supply payment services to them. When you submit an Order to an Outlet, Paymentsense acts on behalf of that Outlet in enabling you to submit the Order, however the Outlet will contact you to accept the Order before it is confirmed, whether you have paid for it on the Microsite prior to being contacted by the Outlet or not.
- Each Outlet decides its own operating hours and terms and conditions for the fulfilment of Orders and the provision of Items. All Orders are subject to the relevant Outlet’s terms and conditions. An Order of food and/or beverages for human consumption must be intended for personal consumption. An Order 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 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 an Order will be confirmed to you by the Outlet. If you have not paid for your Order on the Microsite, the Outlet will take payment from you over the phone or otherwise confirm how payment is to be made upon collection or delivery
- Outlets providing food and beverages 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 an Order being confirmed with the Outlet. Paymentsense has no obligation to you with regard to an 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 or an estimated delivery time when you place a Delivery Order. You will be required to collect your Items directly from the Outlet at the location they tell you if you have placed a Collection Order. The estimated pick-up or delivery time given is not guaranteed and you must follow any instructions given to you by the Outlet with regard to collection, delivery 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 confirm your 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 an 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 an Order once it has been confirmed, this will be subject to the Outlet’s terms and conditions. If you require a refund of any amount paid to an Outlet, the processing of that refund will be undertaken by the Outlet in accordance with its own terms and conditions, whether the payment was made via a Microsite or otherwise, and Paymentsense has no liability in relation to it.
- 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 an 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.