Terms and Conditions

The Site

This website is owned and maintained by VIPho Limited, hereby referred to as "The Company". In using this site, you agree to the terms and conditions listed below. While reasonable steps have been taken to ensure that the information contained is updated and accurate, The Company makes no warranties about the accuracy of the information, assumes no responsibility for inaccuracies or mistakes in the information, and reserves the right to make changes to the products and services described in this site at any time without notice, so please read this agreement carefully before proceeding.

The Company wants you to browse this site freely, but you do so at your own risk. The Company is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential, or punitive) related to your use of this site.

The Company makes no representations or warranties of any kind, express or implied with respect to this website or the information, content, materials, or products included on this site, including without limitation warranties of merchantability and fitness for particular purpose. In addition, The Company does not represent or warrant that the information accessible via this website is accurate, complete, or current. Neither The Company nor any of its affiliates, directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials, or products included in this site.

The Company may provide electronic links to third party web sites (including contract affiliates), which are not owned, or operated as part of this website. The Company shall in no way be responsible for the content or any representations made on websites by such third parties and has not reviewed the content of these sites. The Company does not control the content in the third-party websites since the third-party web sites are separate and distinct legal entities from The Company. Your access and dealings with those sites are done so at your own risk.

Other product and service names used in this website are used for identification purposes only and may be trademarks of their respective companies.

All rights in web site design, graphics, logos, the selection, and arrangement thereof, software, text and underlying source code is owned and copyrighted by The Company, its affiliates or their content and technology providers. ALL RIGHTS RESERVED.

The Company welcomes your feedback at various places in this site. However, any communication or other material you send to this site by email or other means, including your questions or comments will not be treated as confidential. The Company or its affiliates may use any communication or other material you transmit to the site (and the ideas contained in the material) for any purpose, including reproducing, posting, or publicising such material or using the material for marketing purposes.

We may send you our regular newsletters which will contain information regarding updates and changes to our website, details of new products and downloads and occasionally details of third- party websites. Your details including your email address, will never be passed to any other Company or individuals.

When you place an order, you are buying the product(s) from The Company and The Company will send you an order acknowledgement outlining your complete order.

The Company can, at any time, decline to supply the goods – The Company will try to ensure that this never happens, but The Company does, however, reserve the right not to fulfil your order for any reason if, for example, The Company has made an error on the price or similar or The Company simply can't get hold of the product you requested. In the event of these unusual circumstances, The Company will refund you any price you have paid to The Company. The Company reserves the right not to accept an order for any reason and The Company will not be liable to you or anyone else in these circumstances.

The Terms and Conditions of The Company are the contract between The Company and The Customer for the sale of Products to The Customer. Please read all the Terms and Conditions carefully and make sure that you fully understand them, before ordering any Products from The Company. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

1. The Companies Products

The images of the Products on The Companies site are for illustrative purposes only and although The Company has made every effort to display the colours accurately, The Company can ́t guarantee that The Customers display of the colours accurately reflects the colour of the products and The Customers products may vary slightly from the displayed images

Although The Company has made every effort to be as accurate as possible with the information on The Companies site, as The Company’s products are all made to order, all weights, sizes, capacity, dimensions, and measurements indicated on The Companies site do have a tolerance and all weights displayed are cooked weights.

All products shown on The Companies site are subject to availability and cannot be changed or substituted at any time at the Companies discretion, which may form part of The Customers order.

The packaging of the products on The Companies site may vary from that shown on images on The Companies site

2. Use of Site

The Customer represents and warrants that The Customer is at least 18 years old or visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, The Company hereby grants The Customer a limited, revocable, non-transferable, and non-exclusive license to access and use the site by displaying it on The Customers internet browser only for the purpose of shopping for items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by The Company in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to The Customer.

Except as permitted in the paragraph above, The Customer may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile, or otherwise exploit this site or any portion of it unless expressly permitted by The Company in writing. The Customer may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by The Company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders at The Companies discretion, including, without limitation, if The Company believes that The Customers conduct violates applicable law or is harmful to The Companies interests.

The Customer shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that (1) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (2) Is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under UK. or international law; or (3) Includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is The Customers sole responsibility to consult a licensed physician, nutritionist, dietician or qualified health care professional for advice, diagnosis, and/or treatment of any health -related condition or to ensure that you can order certain foods from The Company ́s site. Submissions or opinions expressed on this site are that of the individual expressing such submission or opinion and may not reflect The Companies opinions.

The Company may assign The Customer a password and account identification to enable The Customer to access and use certain portions of this site. Each time The Customer uses a password or identification, The Customer will be deemed to be authorised to access and use the site in a manner consistent with the terms and conditions of this Agreement, and The Company has no obligation to investigate the authorisation or source of any such access or use of the site. The Customer will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to The Customer, whether such access to and use of this site is authorised by The Customer, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. The Customer is solely responsible for protecting the security and confidentiality of the password and identification assigned to The Customer. The Customer shall immediately notify The Company of any unauthorised use of The Customers password or identification or any other breach or threatened breach of this site's security.

3. Externally Generated Content

The Company does not accept responsibility for the accuracy of articles published to the news pages on this site, nor does The Company accept any liability for the text or images supplied to The Company by any third parties to support these articles. Neither The Company nor any of its affiliates, directors, employees, or other representatives will be liable for damages arising out of or in connection with the publication of materials on this site or the information, content, materials, or products supplied to promote events or products not wholly owned by The Company. The Company may hold the information of the supplier or promotion sponsor for 120 days after the publication date.

To limit the liability of The Company, the supplier or promotion sponsor will indemnify, defend and hold harmless The Company, its affiliates, and their respective officers, directors, employees and agents against any and all liability, loss or damage, including reasonable attorney’s fees, arising in connection with any allegation, claim, action or proceeding instituted by a third party related to (1) The membership or the content, (2) Promotion sponsors failure to comply with applicable laws, (3) Promotion sponsors negligence or wilful misconduct.

In no event will The Company be responsible for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to a publication or promotion.

4.    The Companies Liability to The Customer

Here at The Company, The Company strives to deliver a great service to every Customer. The Company also likes to be honest and fair in all The Company does, so The Company acknowledges that sometimes mistakes may happen. If a circumstance arises where The Company are accountable for a mistake, The Company wants to ensure that The Company takes full responsibility.

The Company does not exclude liability for the following heads of loss:

1. Fraud or fraudulent misrepresentation.

2. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

3. Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).

4. Defective products under the Consumer Protection Act 1987.z

How may the Company use The Customers Personal Information?

The Company will use the personal information The Customer provides to The Company to:

1. Supply and deliver the products. Process The Customers payment for such products. Inform The Customer about similar products or services that The Company provides, but The Customer may stop receiving these at any time by contacting The Company in writing.

2. The Customer agrees that The Company may pass your personal information to The Companies delivery agents or credit reference/fraud preventions agencies and that they may keep a record of any search that they do. The Company will not give The Customers personal data to any other third party without The Customers consent.

3. If The Customer attempts to make payment but there is an error or delay in processing, The Company may use this information submitted to contact The Customer to complete your order.

5. The Agreement

The Company aims to process all orders, food, package and despatch within the time limits specified on The Company ́s site.

Under no circumstances should The Customer consume any of The Company ́s meals if The Customer is in any way unsure if the product is fit for consumption. Please contact The Company immediately in writing, without attempting to taste any meal, should this be the case.

Every time The Customer places an order with The Company, The Customer is agreeing to enter a contract with The Company for the period selected by The Customer when placing their order on The Company ́s site.

6. Your Rights as a Consumer

If any of The Company ́s meals are not fit for consumption on receipt of delivery or when picked up from The Customers designated safe place for a left delivery, The Customer must contact The Company immediately in writing with the specific reasons as to why The Customer feels this is the case. UNDER NO CIRCUMSTANCES SHOULD THE CUSTOMER ATTEMPT TO TASTE OR CONSUME ANY MEAL IF THE CUSTOMER BELIEVES IT IS NOT FIT FOR CONSUMPTION.

If for some reason any of the packaging arrives broken in any way then please report this to The Company immediately in writing along with a clear picture including a date and time, of the damage and the reference number of that meal. Upon receipt of this information The Company will then endeavour to send The Customer a replacement meal with the next delivery or add a credit to The Customer’s account for this meal which can be redeemed against The Customers next meal plan order, however, under no circumstances will this entitle The Customer to any claims against The Company, nor will The Customer be entitled to any refund.

As most of the products on The Company ́s website is perishable, the right to cancel the order does not apply as per the 2015 Consumer Rights Act and no refund will be given under any circumstances, however, as a consumer, The Customer may have other rights which will be available from The Customers local Citizens’ Advice Bureau.

Unless any meal is not fit for consumption, have faulty packaging, or not as described, The Customer will be responsible for the cost of returning the products to The Company or, where relevant, the cost of The Company collecting the products from The Customer.

In the exceedingly rare case that any individual ingredient may be missing from any individual meal, then please report this to The Company immediately in writing along with a clear picture including a date and time and the reference number of that meal. Upon receipt of this information The Company will then endeavour to send The Customer a replacement meal with the next delivery or add a credit to The Customer’s account for this meal which can be redeemed against The Customers next meal plan order, however, under no circumstances will this entitle The Customer to any claims against The Company, nor will The Customer be entitled to any refund.

In the exceedingly rare case that any individual meal that The Customer has specifically chosen from The Company ́s website is not to The Customers personal taste, then, under no circumstances will this entitle The Customer to any claims against The Company, nor will The Customer be entitled to any refund or replacement.

The Customer has a legal obligation to keep the products in their possession correctly stored once delivered and to take reasonable care of the products while they are in The Customers possession, as once they are delivered, The Customer is totally responsible for the products. The Company does not accept any responsibility for the long-term storage of any produce. It is The Customers total responsibility to transfer any perishable items to adequate storage upon the receipt of goods.

In the exceedingly rare case where The Company agrees to any refund, as perishable goods are non- refundable, where applicable, refunds will be made to The Customer using the same method and to the same account as used by The Customer to pay for The Customers order.

7. Delivery of Meals

The Customers order will be fulfilled by the estimated delivery date set out in the dispatch confirmation unless there is an event outside of The Companies control. If The Company is unable to meet the estimated delivery date because of an event outside of The Companies control, The Customer will be informed by The Company, or The Companies authorised courier company. All delivery dates are estimates and are not guaranteed.

Delivery will be completed when The Company, or The Companies authorised courier company, deliver the products to the address The Customer gave to The Company. If no one is available at The Customers address to take delivery, The Company, or The Companies authorised courier company, will follow the instructions provided by The Customer, otherwise the order will be left in an area that the authorised courier company or The Company considers safe. The Company will also endeavour to follow any delivery instructions The Customer provides but this cannot be guaranteed.

The products will be The Customers responsibility from the completion of delivery. The Customer owns the products once The Company has received payment in full, including any/all, if applicable, delivery charges, when placing the order on The Company website.

The Customer agrees and confirms that when ordering The Companies ready meal, a condition of that order is The Customer must be in and available on the day of their delivery as perishable goods can’t be redelivered and if for any reason The Customer is not in then no refund or replacement of the goods will be given.

Customer refuses a delivery or is not available for the chosen delivery date, time, and place, for whatever reason, or the parcel is destroyed or automatically returned to the sender, perishable items cannot be redelivered or resent and refusing an order or not being available for The Customers chosen delivery date, time, and place, should be a last resort as The Customer will not be eligible for a refund or replacement.

If The Customer lives in a premises that has limited access, such as a block of flats with a communal entrance and/or if a place of work or home address has security in place which restricts in any way the delivery of the parcel and the parcel is left in a safe place (a Courier will deem a safe place, unless advised otherwise, as outside the main front door entrance to the premises, even if this is on a main road/street) and if the parcel is stolen, destroyed, damaged or automatically returned to the sender, perishable items cannot be resent and when placing an order, if a Customer has restricted access for their chosen delivery date, time, and place, the address used with restricted access should be a last resort as The Customer will not be eligible for a refund or replacement.

If The Customer is not available at their chosen date, time, and place of delivery, for any reason, The Company or our chosen Courier will try to leave The Customers delivery with a neighbour or in a convenient safe place. At this point The Customer will be totally responsible for the parcel and The Customer has no rights against The Company should The Customer, or the Third Party fail in any way to immediately collect or look after the parcel. The Company will not be held responsible for any lost or stolen goods, due to The Customer, or the Third Party, not being in at The Customers chosen delivery address on the day of delivery, or for failing to immediately collect the goods once they have been delivered by The Company or Courier, nor will The Company or Courier be in any way responsible should The Customer or any Third Party, where The Customer has designated a safe place, fail to immediately collect or take care of the goods correctly as per the terms and conditions agreed by The Customer when placing the order with The Company. If goods are returned to us or returned to the depot of the courier, for any reason, after a delivery has been attempted, a refund or replacement will not be offered.

The Customer gives permission for the authorised courier or The Company ́s driver to leave the parcel in a safe location if The Customer is not going to be in on the day of delivery. This is however down to the individual driver discretion and cannot be guaranteed.

In the rare circumstances where The Company's chosen courier Company fails to deliver, through no fault of The Company or The Customer, The Customer fully understands that as The Company’s products are perishable, this does not automatically entitle The Customer to any refund, however, a replacement of the parcel will be offered by The Company to The Customer. The Company, will, on behalf of The Customer, raise a claim against The Companies chosen courier, to claim for the non-delivery, and The Customer fully understands that any such claim may take up to 2 weeks to fully resolve with The Companies chosen courier Company. When The Company receives the final response from the chosen courier Company, The Company will then write to The Customer directly, clearly advising the outcome of the claim, at that point, The Company will then arrange with The Customer the redelivery of the parcel, on a date agreed by The Customer and The Company, however under no circumstances can the client request a refund.

8. Delivery Limitations

Occasionally something will happen out of The Companies control that closes roads, like floods, snow or other adverse weather conditions or things like, sporting events which result in closed roads. In this event The Company will attempt to block any affected dates out of the checkout delivery calendar. If you have already selected your delivery date and you are affected, The Company will contact you as soon as possible to arrange alternative delivery options. The Company will do what The Company can but cannot be held liable if The Company cannot fulfil delivery due to reasons beyond The Companies control, however, under no circumstances will this entitle The Customer to any claims against The Company, nor will The Customer be entitled to any refund.

Any mistakes made by The Customer when placing their order in relation to the delivery address is The Customers total responsibility and under no circumstances is The Company liable in any way for failure to deliver the parcel should The Customer not provide The Company with the correct delivery address when placing the order with The Company. Under no circumstances will The Customer be refunded, nor will the meals be replaced should The Customer make a mistake whilst inputting the delivery address when placing the order with The Company.

There are various delivery options available, depending on The Customers’ needs and how much you want to pay. These options are set out clearly on the checkout page before you place your order.

9. Track Your Order

The Customers tracking the order, via the Couriers App, allows The Customer to view a live estimated delivery window, an interactive map of where the courier is up to and how many deliveries the courier is making before the courier gets to The Customer.

For certain items delivered by The Companies authorised courier or The Company ́s driver, you can ask The Companies authorised courier or The Company ́s driver to leave your order in a safe place, or with a neighbour if you are not going to be in. You can also send The Companies authorised courier or The Company, additional instructions in writing if you need to, however under no circumstances can these be guaranteed. Please note that The Company will not take any responsibility for any lost or stolen goods, nor will The Company be in any way held responsible should you or any third party, where your order has been left, fail to take care of the goods. Additionally, when your order is left, as they are perishable goods, it is the responsibility of you or any third party to take clear photographic evidence showing the date and time of delivery and or pick up from your safe place, as without this The Company will not consider any claims you may have against The Companies authorised courier or The Company.

10. Things Beyond the Companies Control

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of The Companies obligations under these terms that is caused by events outside The Companies reasonable control. Such events include any act, non-occurrence, omission, or accident beyond The Companies reasonable control and includes, in particular (without limitation), the following:

1. Strikes, lockouts, or other industrial action; or civil commotion, riot, invasion, lockdowns, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

2. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or adverse weather; or

3. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

4. Impossibility of the use of public or private telecommunications networks.

5. The failure of The Companies chosen courier company to deliver The Customers Perishable Goods for whatever reason on the day specified by The Company.

Unfortunately, on the rare occasions where a delivery is unsuccessful, The Customer is not automatically entitled to any refund, however, a replacement of the parcel will be offered by The Company to The Customer.

The Companies obligations under these terms may be suspended for the period that such event continues, and The Company will have an extension of time to perform these obligations for the duration of that period. The Company will take reasonable steps to bring the event to a close or to find a solution by which The Companies obligations under these terms can be performed despite the event.

11. Price of Products and Delivery Charges

The price of a product includes VAT (where and if applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, The Company will adjust the VAT you pay (where and if applicable), unless you have already paid for the products in full before the change in VAT takes effect.

The Company ́s website contains many products. It is always possible that, despite The Companies reasonable efforts, some of the products on The Company ́s website may be incorrectly priced. If The Company discovers an error in the price of the products you have ordered The Company will inform you of this error and The Company will give you the option of continuing to purchase the product at the correct price or cancelling your order. The Company will not process your order until The Company has your instructions. If The Company is unable to contact you using the contact details you provided during the order process, The Company will treat the order as cancelled and notify you in writing. In all circumstances, please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, The Company does not have to provide the products to you at the incorrect (lower) price.

Products can be withdrawn from the website at any time and promotions, offer codes and limited time offers can be withdrawn at any time. The Company is not liable to anyone for withdrawing any products from the website or for refusing to process an order.

If The Company must contact you or give you notice in writing, we will do so by email, telephone or by post to the address you provide to The Company in your order.

Any order placed for any of The Companies are Perishable Goods and are Non- refundable.

Payment for the products and any/all, if applicable, delivery charges, is in advance. Payment will be taken once you place your order and is non-refundable ‘This is in addition to your legal rights’.

12. Reviews and Comments

Except as otherwise provided elsewhere in this Agreement, anything that The Customer submits or posts to any review site and/or provide to The Company, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and non-proprietary, and The Company shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become The Companies sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to any site, you also grant The Company the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all the rights to the reviews, comments, and other content that you post on any site and that use of your reviews, comments, or other content by The Company will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead The Company or third parties as to the origin of any Submissions or content. The Company may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.

13. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from The Companies suppliers, The Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether the order has been confirmed or not and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall immediately issue a credit to your credit card account in the amount of the charge.

14. Payments

You will not be surprised to learn that you can pay with any type of credit/debit card. This includes Maestro, Delta, MasterCard, American Express or Visa card and The Company does all The Company can to ensure your details are secure. The Company also accepts PayPal and Stripe on all online orders, and this does not cost you any extra. If there are any problems with receiving payment, The Company will let you know.

15. Allergy Disclaimer

The Company understands The Customers concerns about potential allergens in the foods The Customer eats. The Companies primary goal is to provide accurate information on the packaging of each product and on The Company ́s website. To do this, we carefully manage the ingredients we buy and how we prepare our products.

Whilst The Company takes extreme cautions to minimise the risk of cross contamination, The Company cannot guarantee that any of The Company’s products are safe to consume for people with peanut, tree nut, milk, egg, or wheat allergies. However even when it is not required by regulation, if there is a risk to allergic consumers due to the presence of a major allergen in a product, The Company will attempt to declare its presence on the packaging of that product and on The Company ́s website. The allergens that The Company will always attempt to declare are:

Peanuts – Tree Nuts – Egg – Milk – Fish – Crustaceans – Molluscs – Wheat – Soybeans – Sesame Seed, Mustard, Lupin, Sulphites, Gluten, Celery. Any allergies that are not listed, cannot be catered for.

The Company will also provide information using so-called “may contain” statement. The use of this statement is part of a program to manage the presence of allergens across everything The Company does, from ingredients, manufacturing, to finished products. The Company does everything it can to eliminate unintentional allergens, and The Company only uses the “may contain” statement when there is a real risk, albeit low, to an allergic consumer.

Both “contains” and “may contain” mean that if you are sensitive to the specific allergen(s), no matter which way it is listed on the meal or website you should avoid the product. If you have allergy concerns, it is important to carefully read the information on each meal or on The Company ́s website.

Ingredient and allergen information listed on a meal or on our website is only for the food contained in that meal. It is not intended for other meals even of what appears to be the same product. Ingredients may vary from one meal to another due to product reformulation or where the product is produced.

For The Company ́s Customers, before placing any order, please inform The Company if you have any food allergies, as it is your responsibility to do so and should you fail to do this, The Company nor any of its affiliates, directors, employees, or other representatives will be liable for any damages. Customers concerned with food allergies need to be aware of the risk. The Company will not assume any liability for adverse reactions to food consumed, or items The Customer may encounter, while eating the Companies products.

16. Takeaway Collection/Eat in at Store or Delivery

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Takeaway” We/Us/Our" means Phoreal

“They/Their/Them” means our preferred food delivery platform

Company "Website" means www.phoreal.co.uk or www.phorealathome.com

"Application" means Phoreal mobile application that you use for placing food orders.

“App” means our preferred food delivery platform Company

These Terms and Conditions govern the sale of all goods by us or our preferred food delivery platform Company and will form the basis of the contract between you and us or them. If you wish to place an order with us or them, our or their, Website/Application/App will guide you through the ordering process. Before submitting your order to us or them, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read our and their Terms and Conditions carefully before submitting it. If you are unsure about any part of our or their Terms and Conditions, please ask us or them for clarification.

Our Contract

All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. To contract with us or them, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or them. We or they retain the right to refuse any request made by you. If your order is accepted, we or they will inform you by email, SMS or via the website, Application or App. When placing an order, you undertake that all details you provide to us or them are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

When you place an order, you will receive an acknowledgement e-mail and or Webpage/Application/App confirming receipt of your order: this email and or Webpage/Application/App will only be an acknowledgement and will not constitute acceptance of your order. A contract between us or them will not be formed until we or they, send you confirmation by the medium used for placing the order (SMS, e-mail or other appropriate digital means) that the goods which you ordered have been dispatched to you or collected by you, directly from one of our premises or store. Only those goods listed sent at the time of dispatch or collected by you will be included in the contract formed.

Pricing and Availability

Whilst we or they try to ensure that all details, descriptions, and prices which appear on our or their Website/Application/App are accurate, errors may occur. If we or they discover an error in the price of any goods which you have ordered, we or they, will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we or they are unable to contact you, we or they will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from us or them. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Payment

All online card payments are made to us or them if ordered via this method. Upon receiving your order, we or they carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been despatched or collected by you from one of our premises and you have been sent a confirmation email, SMS or notification on the Website/Application/App, the monies paid shall be used for the value of goods you have purchased as listed.

Delivery Estimated Times and Charges

Times given for collection and delivery are only approximate; The Takeaway or our preferred food delivery platform Company can provide an exact time for delivery but endeavour to deliver within the approximate delivery time specified when you place your order, however these times are not guaranteed. Any delivery charges will be as displayed at the point you place your order and by agreeing to place an order from us or them means you fully understand how much these delivery charges are.

Order Cancellation, Amendments and Collections

Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact the Takeaway directly or our preferred food delivery platform Company to attempt to resolve your request. The Takeaway or our preferred food delivery platform Company cannot guarantee your request will be accepted as food processing may already be underway. If for any reason you fail to collect your order from your chosen takeaway at your designated time, you will not be eligible for a refund or replacement.

Our Preferred Food Delivery Platform Company / App

When you place an order via this Platform/App, you will also be subject to their terms and conditions and as such it is your total responsibility to ensure you fully read and understand these prior to ordering. Under no circumstances are we in any way responsible for any disputes you may have against them or that may arise in the future, for the services which they provide via their own platforms/App.

Variation

We, shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of our Website/Application.

Invalidity

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

17. General

These Terms and Conditions are applicable now and were last updated on the September 2022. The Company reserves the right to modify its terms and conditions from time to time without notifying its visitors. Visitors agree to periodically view our Terms and Conditions which will always be available on the www.phoreal.co.uk website.

Please refer to The Company website to view The Companies Privacy Policy and Cookies Policy.

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.