Terms & Conditions of the Butlers Chocolate Café pre-order mobile application
This page (together with our Data Protection Policy)
sets out the terms and conditions (the “Terms”) on which we, Butlers Chocolates (“we,” “our,” or “us”), provide this service through our mobile application (the “App”). Please read these Terms carefully before ordering any products or services through the App, as your purchase of any products or services offered on the App is subject to these Terms. By ordering products or services via the App (whether now or in the future), you agree to be bound by these Terms. Use of the App is also subject to these Terms.
We reserve the right to change these Terms from time to time by changing them on this page. We recommend that you print a copy of these Terms for future reference. These Terms are only in the English language.
Use of your personal data submitted via the App is governed by our Data Protection Policy.
For the avoidance of doubt, please note that references to “App” in these Terms include any current or future version of our mobile application through which you access our or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By using any part of the App, you indicate that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you should leave the App immediately, and you will not be able to order any products or services through the App.TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1 Business details: Butlers Chocolates UC is a business whose registered office is at Clonshaugh Business Park, Dublin 17, Ireland. D17 A076.
1.2 Service: We provide a way for you to communicate your orders (“Orders”) for products and services (“Products”) to our Butlers Chocolate Cafés via the App (the “Service”).2. APP ACCESS AND TERMS
2.1 App access: You may access some areas of the App without making an Order or registering your details with us. Most areas of the App are open to everyone.
2.2 Acceptance of terms: By accessing any part of the App, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the App immediately, and you will not be able to order any Products through the App.
2.3 Revision of terms: We may revise these Terms at any time. You should check the App regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4 Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these Terms and that they comply with them.3. YOUR STATUS
3.1 Capacity and age: By placing an Order through the App, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 16 years old (or the legal age to buy the relevant Products that you wish to buy).4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1 Compiling your Order: Once you have selected the Products you wish to order and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
4.2 Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to deal with your requests. However, there is no guarantee that your requests will be able to be dealt with, as your order may already have been processed.
4.3 Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.
4.4 Processing your Order and rejections: On receipt of your Order, we will begin processing it and will notify you that your Order has been received and is being processed. Please note that any confirmation page that you may see on the App and any Order confirmation that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted. We and we will notify you as soon as reasonably practicable if your Order is rejected. However, we have the discretion to reject Orders at any time due to peak hours workload, weather conditions, or for any other reason.
4.5 Collection of your Order: When collecting your order, we may ask you to show us the order number on your App. We will make reasonable efforts to have your order ready at the scheduled collection time. Due to technical reason, this may not be possible. We do not guarantee that Orders will be available for collection at the scheduled pickup time. 5. PRICE AND PAYMENT
5.1 VAT: Prices will be as quoted on the App and include VAT.
5.2 Incorrect pricing: This App contains a large amount of information on Products and it is possible that some of this information may not be completely accurate. If the correct price for an Order is higher than the price stated on the App, we will normally contact you before the relevant Order is dispatched to notify you of the updated price and to confirm whether you wish to cancel or proceed with the Order. In such an event, we are not under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3 Payment methods: Payment for Orders must be made by an accepted credit or debit card through the App. Payments will display on your bank account statements as ‘Butlers Chocolates’.
5.4 Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5 Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the App and endorsed by us, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the Order (before any credit or discount) in your account for up to 10 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.6 Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.6. CUSTOMER CARE
6.1 General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 13, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Customer Support”, “Help” or similar button or by calling the telephone number shown on the App.
6.2 Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team.
6.3 Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team.
6.4 Complaints or feedback: In the event that you are dissatisfied with the quality of any Products, please contact our Customer Care team.
6.5 Platinum Loyalty Program: Users of the App may be able to join our loyalty program. The terms of this program are described here:7. LICENCE
7.1 Terms of permitted use: You are permitted to use the App and print and download extracts from the App for your own personal non-commercial use on the following basis:
7.1.1 You must not misuse the App (including by hacking or “scraping”).
7.1.2 Unless otherwise stated, the copyright and other intellectual property rights in the App and in the material published on it (including without limitation photographs and graphical images) are owned or licensed by us. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the App other than in accordance with paragraph 7.1 is prohibited.
7.1.3 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4 You must ensure that our status as the author of the material on the App is always acknowledged.
7.1.5 You are not allowed to use any of the materials on the App or the App itself for commercial purposes without obtaining a licence from us to do so.
7.2 Limitation on use: Except as stated in paragraph 7.1, the App may not be used, and no part of the App may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.3 Trademarks: You are not permitted to use any of our trademarks (registered or unregistered) without our approval, unless they are part of the material you are using as permitted with our prior approval.
7.4 Reservation of rights: Any rights not expressly granted in these Terms are reserved.8. SERVICE ACCESS
8.1 App availability: While we try to ensure the App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable at any time or for any period.
8.2 Suspension of access: Access to the App may be suspended temporarily at any time and without notice. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
8.3 Information security: The transmission of information via the internet is not completely secure. Although we employ reasonable safeguards and take the steps required by law to protect your information, we cannot guarantee the security of your data transmission. 9. THE APP IS ONLY FOR USERS IN IRELAND AND GREAT BRITAIN AND NORTHERN IRELAND
9.1 The App is directed at people residing in Ireland and Great Britain and Northern Ireland. We do not represent that content available on or through the App is appropriate for use or available in other locations. We reserve the right to increase the number and location of jurisdictions to which these Terms apply.10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
10.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
10.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
10.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in accordance with the Customer Care procedures referred to in paragraph 6.1 above.11. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
11.1 We do not guarantee that our App will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
11.3 You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Criminal Justice (Offences Relating to Information Systems) Act 2017. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.12. LINKS TO AND FROM OUR APP AND TO AND FROM OTHER WEBSITES
12.1 Third party websites: Links to third party websites on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk.
12.2 Linking permission: You may link to the App’s homepages (www.butlerschocolates), provided that:
12.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;
12.2.2 you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
12.2.3 any website from which you link must comply with the content standards set out in these Terms; and
12.2.4 we have the right to withdraw linking permission at any time and for any reason.13. DISCLAIMERS
13.1 App information: While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. We may make changes to the material on the App, or to the Service, Products and prices described on it, at any time without notice. The material on the App may be out of date, and we make no commitment to update that material.
13.2 Allergy, dietary and other menu information: To the extent that you order food or drink through the App, we try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (“Menu Information”) from our menu. You can confirm the Menu Information with us directly before ordering.
13.3 Exclusion of terms: We provide you with access to the App and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).14. LIABILITY
14.1 General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
14.2 Exclusion of liability: Subject to paragraph 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of the use of the Service or the App) for:
14.2.1 any loss of profits, sales, business or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of business opportunity;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill; or
14.2.6 any indirect or consequential loss.
14.3 Limitation of liability: Subject to paragraphs 13, 14.1 and 14.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the App, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or EUR75, whichever is lower.
14.4 Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.15. TERMINATION
15.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
15.1.1 you have used the App in breach of paragraph 7.1 (License);
15.1.2 you have breached paragraph 12 (Links to and from other websites); or
15.1.3 you have breached any other material terms of these Terms.
15.2 Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App. 16. WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or ordering Products via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. 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. This condition does not affect your statutory rights. When we contact you, we will do so in accordance with our Privacy and Cookies Policy.17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disasters;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; and
17.2.6 the actions, legislation, regulations, orders or restrictions of any government.
17.3 Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event. 18. ADDITIONAL TERMS
18.2 Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.3 Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
18.4 No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
18.5 Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
18.6 Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.19. GOVERNING LAW AND JURISDICTION
19.1 These Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.