TERMS & CONDITIONS
The O’Briens Catering Site is an online ordering system for the provision of our catering service. The site is owned and operated under licence from O’Briens Irish Sandwich Bars Ltd. All orders are fulfilled by O’Briens Irish Sandwich Bars franchise partners. Access to the O’Briens Catering Site is subject to registration and the following terms and conditions. These terms and conditions will come into effect when you register with us.
1. REGISTRATION
1.1 You are registering as a user of the O’Briens Catering Site. Access is via your user name and password, which is personal to you [or your company]. You must therefore not allow your user name and password to be used by anyone else, and must not permit or assist anyone who is not a registered user to gain access to any part of the O’Briens Catering Site. You must also immediately notify O’Briens at 0141 222 2600 if a third party obtains your user name and/or password and / or by emailing us at catering@obriens.co.uk. You can change your password at anytime through "My Account" at the top of the page.
2. MAKING A PURCHASE
2.1 To make a purchase, simply browse the O’Briens Catering Site and click on any items that you wish to add to your order. After you have finished your selection, please click on "checkout" and you will be asked for a few details.
2.2 There are daily cut-off times for receipt and delivery of orders. These are displayed at time of order placement. Any cancellations or amendments to an order must be made by calling the customer freephone number at the top of the page by 2pm the day before the delivery date. We do not accept same day cancellations or amendments.
2.3 Any order you make for products through the O’Briens Catering Site is an offer by you to purchase such products (subject to these terms and conditions), and acceptance of any order is at O’Briens sole discretion. An order is deemed to have been accepted by O'Briens only when you receive email confirmation to this effect. Once we have accepted your order, there may be occasions where, for quality reasons or for other reasons beyond our control, it will not be possible to complete your order in full. In such cases, we will always contact you and ask you to amend your order.
3. PRICE AND PAYMENT
3.1 The price or prices for individual items will be set out by O’Briens, current at the date of order.
3.2 Price and availability information is subject to change without notice. We accept payment on-line by Visa, MasterCard, Laser and PayPal where applicable. Payment will be charged against your card at the time of order. Receipt of payment will be left with delivery.
3.3 Payments are made directly to the franchise partner who is the owner of the store you have chosen to receive delivery from. Any refunds or payment queries will be handled by the relevant franchise partner.
4. DELIVERY
4.1 All deliveries must be checked and signed for by an approved representative of the customer at the time of delivery. Signature will be deemed to constitute acceptance of delivery of a complete order.
4.2 If any part of an order is found to be missing (or is rejected) on delivery, the customer must inform O’Briens immediately by calling us on the customer freephone number at the top of the page.
5. TERMS OF SUPPLY
5.1 O’Briens food is supplied strictly for direct customer use. Under no circumstances is our food to be re-sold to a third party or offered at subsidised or inflated rates to a third party. This restriction also applies to in-house catering arrangements where Contract Caterers are ordering on behalf of clients.
5.2 O’Briens recommends that Customers comply with any instructions and recommendations of O’Briens in relation to the storage and use of the products (for example and without limitation, use by dates).
6. LIABILITY
6.1 O’Briens Irish Sandwich Bars Limited shall have no liability whatsoever in contract or in tort or otherwise in respect of any loss or damage howsoever occasioned to any Customer or person by any product or service sold or delivered, either directly or indirectly, by any O’Briens franchise partner to any such customer or person.
6.2 No O’Briens franchise partner shall be liable for any loss, damage or injury, whether direct or indirect, actual, economic or consequential, arising from the sale or delivery of an O’Briens product or service to any customer or person. Where an O’Briens franchise partner is responsible for any loss, damage or injury to any customer it may at its absolute discretion deliver replacement products (at its own expense) to that customer or refund any sums paid by that customer for it.
6.3 Neither O’Briens Irish Sandwich Bars Limited nor any O’Briens franchise partner shall be liable for any loss, injury or damage caused to any customer or person whosoever by any use or malfunction of any of the O’Briens electronic communications networks or services.
6.4 Nothing in these terms will limit or exclude the liability of any O’Briens franchise outlet for death or personal injury caused by negligence on its part and nothing in these terms will affect your statutory rights.
6.5 Nothing in these terms and conditions shall exclude your statutory or legal rights under UK and EU law as a consumer of products or services.
7. TERMINATION
7.1 You can withdraw your registration by emailing the helpdesk at catering@obriens.co.uk or by calling the customer freephone number at the top of the page.
7.2 We reserve the right to terminate your access to the O’Briens Catering Site immediately without notifying you in advance should you not operate your account in line with these terms and conditions.
8. USE OF MATERIAL APPEARING ON THE O’BRIENS CATERING SITE
8.1 All rights in the site design, computer codes, text, graphics and other content, interfaces, and the selection and arrangements thereof (the "Materials") belong to O’Briens Irish Sandwich Bars Limited or its licensors. You may print or download portions of this site and make copies of these for your own personal use only. Any other use (including without limitation any further reproduction, storage or transmission to anyone) of any Materials without our prior written permission is strictly prohibited.
9. CONTACTING US
If you need to contact our Head Office, please email us at catering@obriens.co.uk. Alternatively, you can write to us at O’Briens Sandwich Bars, The Isokon Building, 98 Holm Street, Glasgow G2 6SY.
10. VARIATION
10.1 O’Briens Irish Sandwich Bars Limited and each O’Briens franchise partner reserves the right to amend the terms of this Agreement from time to time. Your continued use of any part of the O’Briens Catering Site after any such amendment will constitute your acceptance of the amendment or amendments concerned. You should therefore regularly visit these terms and conditions to ensure that you keep up to date with your rights and obligations under this Agreement. If any such amendments are considered in the reasonable opinion of O’Briens Irish Sandwich Bars or O’Briens franchise partners to be material, notice of the amendments will be emailed to all registered users of the O’Briens Catering site at their e-mail address.
10.2 If you do not wish to accept an amendment you should immediately withdraw your registration by contacting us at 0141 222 2600 or by emailing the help desk at catering@obriens.co.uk.
11. ACCESS/FORCE MAJEURE
11.1 Although we will aim to provide uninterrupted access to the O’Briens Catering Site, we cannot guarantee this. We accept no responsibility or liability for any interruption or delay which may occur to anyone visiting or wishing to visit the O’Briens Catering Site.
11.2 In the event we cannot fulfill obligations to you under this agreement due to any event beyond our reasonable control, we will notify you and we will be relieved of our obligations to you under these terms and conditions to the extent such performance is hindered by such an event.
12. JURISDICTION
This Agreement is governed by UK law and both we and you agree to submit to the exclusive jurisdiction of the UK courts.
13. ALLERGY WARNING
O’Briens products may contain traces of nuts and all food is prepared in a kitchen where nuts and nut oils are used.
