Terms and conditions for website orders
Please read these Order Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Order Terms. If you refuse to accept these Order Terms, you will not be able to order any Products from our site.
You should print a copy of these Order Terms or save them to your computer for future reference.
We amend these Order Terms from time to time as set out in clause 16. Every time you wish to order Products, please check these Order Terms to ensure you understand the terms which will apply at that time. This version of these Order Terms was first introduced on 20/07/2015.
These Order Terms are only in the English language.
1 Information about us
1.1 Our site is operated by Hotcha Limited.
Company name Registered number VAT Number Registered office
Hotcha Limited 7564085 GB120115583 107 South Liberty Lane, Bristol BS3 2SZ
1.2 Some Hotcha stores are run by us, and some are run by independent Hotcha Franchisees. We therefore operate the site on behalf of us, companies within the Hotcha group and our Hotcha Franchisees. We provide the ordering facilities on our site to give you a convenient way to order Products from your local Hotcha store.
1.3 When you place an order on the site, it forms a contract between you and whoever is responsible for running the Hotcha store you selected to fulfil that order (a Contract) – so your Contract may be with us, or it may be with a Hotcha Franchisee.
1.4 If the Contract is with a Hotcha Franchisee, please be aware that we will not be a party to it, and the relevant Hotcha Franchisee will have sole responsibility for fulfilling your order, and for the quality of the Products and timeliness of any delivery.
Legally speaking, where your Contract is with a Hotcha Franchisee, we act as the Hotcha Franchisee's agent by accepting your order on their behalf.
1.5 Where a store is run by a Hotcha Franchisee, that Hotcha Franchisee is independently responsible for operating its store, including compliance with applicable laws and regulations, and fulfilling any Contracts it enters into with users for the supply of Products ordered via our site which it agrees to supply. This means that the relevant Hotcha Franchisee will be solely liable for any Products ordered from its store, whether or not that order was placed via our site.
1.6 Contacting us:
(a) If you wish to cancel an order, please follow the procedure described in clause 9.
(b) If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning us on 0330 111 2266 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone or by pre-paid post to the address you provide when you order.
2 Service availability
2.1 Delivery services are only available within certain areas within the UK (and are not currently available outside the UK), due to the locations of Hotcha stores. Each store offers delivery to a defined area, and will not deliver outside those areas as we want our Products to be delivered to you fresh and at the proper temperature when they reach you. If you are not within an available defined delivery area, our site will advise you that delivery is not available and will indicate your closest Hotcha store.
2.2 Where you are outside a delivery area, you will still be able to use our site to place an order for collection from a Hotcha store of your choice.
2.3 Opening hours may vary between Hotcha stores. Details of each store's delivery areas and opening hours are available on the individual store's page of our site. You can locate your nearest Hotcha store by entering your postcode at www.hotcha.co.uk.
2.4 There may be a minimum spend in order for you to qualify for free delivery, and this may vary between Hotcha stores. Below this amount, the relevant Hotcha store may impose a charge for delivery (and this may also vary between Hotcha stores).
3 Our Products
3.1 Our Products are all subject to availability. Please see clause 7.5 for what happens if a Product you have ordered is not available.
3.2 Some of our Products contain allergens. For allergen information about a specific Product, please see the individual page of our site for that Product. However, please note that due to the busy nature of our kitchens, we cannot guarantee that any of our Products will be allergen free as there is a risk of cross-contamination between our Products during their preparation.
3.3 Please be aware that any of our Products that contain meat or fish may also contain bones. Products made with lemon or lemon juice may contain pips. Some Products may contain seeds.
3.4 The images of the Products on our site are for illustrative purposes only. Products (and any packaging shown) prepared for you may vary from those images.
3.5 Although we have made every effort to be as accurate as possible, Product and portion sizes may vary.
3.6 Product prices and/or minimum spend restrictions may vary between Hotcha stores, and may be different from the prices available for in-store orders.
4 Use of our site
5 How we use your personal information
6 Age restrictions, and capacity to enter into contracts
6.1 By placing an order using our site, you confirm that you are at least 18 years old, and legally capable of entering into binding contracts.
6.2 We operate the Challenge 25 policy. Under this scheme, if you're ordering alcohol and appear under the age of 25, you will be asked for proof of your age upon delivery or collection of your order. We are not allowed by law to supply alcohol to you if you do not satisfy this age requirement. If you are underage, please do not attempt to order alcohol through our site. We can only accept proof of your age in the form of a photo driving licence, passport or recognised proof of age card, such as the PASS card from the national Proof of Age Standards Scheme. If you do not present valid proof of your age on delivery or collection, we will not be able to supply the alcohol that you ordered, and where this happens we will refund you for any alcohol you have already paid for.
7 How the contract is formed between you and us or a Hotcha Franchisee
7.1 Our menu pages will guide you through the steps you need to take to place an order. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will be redirected to a screen which summarises your order and acknowledges that it has been received. We will confirm acceptance of your order (either by us, or on behalf of the Hotcha Franchisee who accepts your order) by sending you an e-mail confirming that your order has been accepted (the Order Acceptance Email). The Contract between you and us or the relevant Hotcha Franchisee (as applicable) will only be formed when we send you the Order Acceptance Email.
7.3 Acceptance of any order will be at the discretion of us and/or the relevant Hotcha Franchisee.
7.4 The Order Acceptance Email will contain a link to a page that enables you to track the progress of your order. Please note that order tracking information is provided as an indication only, and we cannot guarantee that this tracking information will be accurate.
7.5 If we or the relevant Hotcha Franchisee is unable to supply you with a Product or Products you have ordered, for example because the relevant Product is not in stock or no longer available or because we cannot meet your requested delivery time or because of an error in the price on our site as referred to in clause 11.5, we or the relevant Hotcha Franchisee will inform you of this by telephone and, if possible, offer you an alternative Product. We will not process your order until we have managed to contact you. If you tell us that:
(a) you are happy to go ahead with an alternative Product, then your order will be processed accordingly.
(b) you don't want the alternative but wish to go ahead with your order, we or the relevant Hotcha Franchisee will process the rest of your order (and if you have already paid for the Products, will refund you for the original Product that we or they were unable to supply).
(c) you would prefer to cancel your order altogether, then if you have already paid for the Products, we or the relevant Hotcha Franchisee will refund you the full amount including any delivery costs charged as soon as possible.
If we or the relevant Hotcha Franchisee are unable to contact you using the contact details you provided during the order process, we or the relevant Hotcha Franchisee will treat the order as cancelled and notify you by email.
8 Responsibility for fulfilling your order
8.1 The person in charge of the Hotcha store you chose to deliver, or from where you wish to collect, your order (which will either be us or a Hotcha Franchisee) will be solely responsible for preparing the Products you have ordered and either delivering them to you or making them available for you to collect (as applicable).
8.2 We accept no responsibility or liability for the quality or portion sizes of any Products prepared, delivered and/or made available for collection by any Hotcha Franchisee or the timing of any delivery or availability of any order for collection.
8.3 If there is a problem with any order you place, please contact the relevant Hotcha store so that they can take steps to resolve the issue.
8.4 It is extremely important to us that the Hotcha Franchisees provide a great service, and excellent quality food. If you have any feedback (including comments, concerns, questions or complaints) about any of the Hotcha Franchisees or any order placed on our site, we would be very interested in hearing from you – please contact us at firstname.lastname@example.org.
9 Cancelling or changing your order
9.1 If you wish to cancel or change your order once it has been placed, please call the relevant Hotcha store that you chose to deliver your order or from where where you chose to collect your order (as the case may be). The relevant Hotcha store's telephone number will be included in the Order Confirmation Email, or it can be found on the individual store's page of our site.
9.2 If you cancel your order, provided that the relevant Hotcha store has not begun preparing food to fulfil your order, you will be refunded the full amount paid. If the store has started to prepare food for your order, then you can still cancel it but we (or the relevant Hotcha Franchisee, as the case may be) can, at our/its absolute discretion, decide that no refund will be given.
9.3 If you change your order, then provided that the relevant Hotcha store has not begun preparing food to fulfil any part of your order that you no longer want, then only the price of the revised order will be payable. If this is less than the amount that you paid when you placed your order, then we will refund the difference. If this is more than the amount that you paid when you placed your order, then you will need to pay the additional amount to the relevant Hotcha store – they will tell you what you need to do over the phone when you call them to request the change. If the store has started to prepare food for the part of your order that you no longer want, no refund will be given, and you will need to pay for any additional or alternative Products.
9.4 Either we or the relevant Hotcha Franchisee reserve the right to cancel any order you place via the site at any time, whether before or after the Order Confirmation Email has been sent to you. Where this happens we will notify you immediately using the contact details you provided when you placed your order, and you will not be charged for the cancelled order. If you have already paid for your order, we will issue a full refund.
9.5 Any refunds will normally be made using the same method you used to pay for your order.
10.1 If you specify a preferred delivery date and time when you place your order, we will do our best to ensure that your order is delivered to you within a reasonable period of the requested date and time. If you request delivery ASAP, we will do our best to ensure that your order is delivered to you within a reasonable period from the time your order is accepted (bearing in mind how busy the relevant Hotcha store is at the time your order is placed, and any other factors that may affect the speed with which they can deliver your order).
10.2 If there is any unexpected or unreasonable delay, we or the relevant Hotcha Franchisee who is responsible for fulfilling your order will contact you (using the contact details you provided when you placed your order) to let you know.
10.3 Our delivery drivers will only bring your order to the front door (or main entrance) of the address you provide in your order.
11 Price of products and delivery charges
11.1 We use our best efforts to ensure that the prices of Products are correct when you place your order, but there may be errors in those prices. Your order only becomes binding once the Order Confirmation Email is sent out to you. Please see clause 11.5 for what happens if there is an error in the price of Product(s) you have ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
11.4 Details of any applicable delivery charges can be found by contacting your local store.
11.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. Where there is an error in a price quoted on our site:
(a) where the Product's correct price is less than the price stated on our site, you will be charged the lower amount. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we / the relevant Hotcha Franchisee will not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we or the relevant Hotcha Franchisee will contact you as soon as possible to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. Your order will not be processed until we have your instructions. If we or the relevant Hotcha Franchisee are unable to contact you using the contact details you provided during the order process, we or the relevant Hotcha Franchisee will treat the order as cancelled and notify you by email.
12 How to pay
12.1 You can only pay for Products you order via our site using a debit card or credit card. We accept the following cards: Visa, Mastercard, Maestro, and/or JCB.
12.2 Payment for any Products you order via our site and all applicable delivery charges is required in advance. When you pay be debit card or credit card, your card will not be charged until we accept your order.
13 Our liability
13.1 If we and/or a Hotcha Franchisee fail to comply with these Order Terms, we and/or the relevant Hotcha Franchisee are responsible for loss or damage you suffer that is a foreseeable result of our and/or the relevant Hotcha Franchisee's breach of these Order Terms or our negligence, up to an amount equal to the value of your order. Neither we nor the relevant Hotcha Franchisee are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our and/or the relevant Hotcha Franchisee's breach or if it was contemplated by you and us and/or the relevant Hotcha Franchisee (as the case may be) at the time we entered into this contract.
13.2 We and the Hotcha Franchisees only supply the Products for domestic and private use. You agree not to use any Product for any commercial, business or resale purposes, and neither we nor any Hotcha Franchisee will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Neither we nor any Hotcha Franchisee in any way excludes or limit our / its (as appropriate) liability for:
(a) death or personal injury caused by our / its negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14 Events outside our control
14.1 Neither we nor any Hotcha Franchisee will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15 Communications between us
When we refer, in these Order Terms, to "in writing", this will include email. This means that where we are required to notify you of something in writing, you accept that we can do so by email.
16 Our right to vary these Order Terms
16.1 We amend these Order Terms from time to time. Please look at the top of this page to see when these Order Terms were last updated and which of them were changed.
16.2 Every time you order Products via our site, the version of these Order Terms in force at the time of your order will apply to the Contract between you and us or the relevant Hotcha Franchisee (as applicable).
17 Other important terms
17.1 Each Contract is between you and us, or you and the relevant Hotcha Franchisee. No other person shall have any rights to enforce any of its terms (which include these Order Terms), whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.2 Each of the paragraphs of these Order Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 If we or any Hotcha Franchisee fail to insist that you perform any of your obligations under these Order Terms, or if we / they do not enforce our / their rights against you, or if we / they delay in doing so, that will not mean that those rights have been waived, and will not mean that you do not have to comply with those obligations. If we or any Hotcha Franchisee do waive a default by you, we will only do so in writing, and that will not mean that we / they will automatically waive any later default by you.
17.4 Please note that these Order Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. The courts of England and Wales will have non-exclusive jurisdiction to determine any such disputes or claims. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.