These terms and conditions (together with the policies referred to in it) tell you the terms and conditions on which we supply our service through our mobile application software or our website (“www.thedesignateddriver.co.uk”) (the “Service”).
References to “you” are to the person accessing and using the Service.
Please read these terms carefully before you submit your order. By placing an order you agree to be bound by these terms. If you do not accept these terms please do not use our Service.
These terms tell you who we are, how we provide the Service, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
INFORMATION ABOUT US
1.1. Our Service is operated and provided by The Designated Driver(“The Designated Driver” or “we” or “us”). We are a company registered in England and Wales under company registration number 11332888 and have our registered office and trading address at 1B The Cottages, Rushyford, Ferryhill, DL17 0LN United Kingdom.
1.2. You can contact us our customer service team by emailing to us at email@example.com.
1.3. If we have to contact you we will do so by telephone or by writing to you at the email address or telephone number you provided to us in your order.
1.4. When we use the words “writing” or “written” in these terms, this includes emails.
INFORMATION ABOUT OUR SERVICE
The Designated Driver is a business which provides a service by delivering beverages, tobacco orders (“Order(s)”) which are then conveniently delivered to you by The Designated Driver’s network of independent delivery drivers (our “Driver(s)”).
OUR CONTRACT WITH YOU AND ORDERS
3.1. Once you place an Order you will receive an email confirming that your Order has been received and accepted by us (the “Confirmation Email”). This Confirmation Email will be sent to you by us on behalf of the Driver. On receipt of this Confirmation Email this is the point at which a contract will come into existence between you and us.
3.2. We encourage all our Drivers to accept all Orders and to communicate any rejection promptly and we will notify you as soon as reasonably practicable if a Driver rejects your Order. We do not however guarantee that our Drivers will accept all Orders. Our Drivers have discretion to reject Orders at any time either because they are too busy, due to adverse weather conditions or for any other reason.
AVAILABILITY OF SERVICE AND DELIVERY
4.1. Through our Service we provide an ordering and delivery service from us and our Drivers in certain locations throughout the North East of England. Our operating hours are 24/7 but our delivery times will be between 7pm to 2am, Monday to Sunday.
4.2. We shall use our reasonable endeavours to fulfil the Order within 60 minutes of you receiving the Confirmation Email unless otherwise notified to you in writing.
4.3. Estimated times for deliveries are only estimates. We do not guarantee that Orders will be delivered within the estimated times.
4.4 You are responsible for all delivery details, full address and postcode must be provided and you must have right to access the address provided, failure to provide accurate delivery details may lead to the cancellation of your order see 7.2.
YOUR STATUS AND SALE OF ALCOHOL
5.1. By placing an Order you warrant that you are legally capable of entering into a binding contract and are at least 18 years old and that the individual who meets the Driver on delivery of the Order is at least 18 years old.
5.2. You acknowledge and agree that:
5.2.1. Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
5.2.2. Cigarettes are not for sale to persons under the age of 18; and
5.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.
5.3. We reserve the right to refuse the delivery of any alcohol to any person who does not appear or cannot prove to be at least 18 years old. We also reserve the right to refuse the delivery of any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
5.4. In the event that we refuse the delivery of any alcohol in accordance with paragraph 5.3 the Order will be cancelled. In the event that we cancel an Order a cancellation fee in an amount equal to the delivery fee for the Driver and a 20% admin cost as compensation for the net costs we will incur as a result of your breaching these terms, will be charged to you and the remaining balance (less the cancellation charge) of your Order will then be reimbursed to your credit or debit card used to make the Order.
PRICE AND PAYMENT
6.1. The price of any products in your Order and the delivery charges will be the price indicated on the order pages of our Service when you placed your Order. Prices include VAT. We take all reasonable care to ensure that the price of products and delivery charges are correct.
6.2. It is always possible that, despite our best efforts, some of the products may be incorrectly priced on our Service. Where the product’s correct price at your order date is higher than the price stated on our Service we will contact you for your instructions before we accept your Order.
6.3. Payment for Orders can be made by an accepted credit or debit card through our Service. Once your Order has been confirmed your credit or debit card payment will be authorised and the Order amount will be marked for payment.
6.4. Where any payment you make is not authorised your Order will not be processed.
7.1. You have the right to cancel any Order before its dispatched to you. We will refund you the price of your Order including delivery costs, by the method you used for payment.
7.2. Once an order has been dispatch (out for delivery) you may still cancel this order with the following terms. A cancellation fee in an amount equal to 20% of the price of the products in your Order and the delivery costs will be charged to you and the remaining balance (less the cancellation charge) will then be reimbursed to your credit or debit card used to make the Order.
8.1. We do not give any undertaking that the products ordered from us through our Service will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties and we cannot guarantee that any of the products sold by us are free of allergens.
8.2. We provide you with access to our 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 Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Service, or be otherwise implied or incorporated into these terms, by statute, common law or otherwise).
8.3. Subject to paragraph 8.4, 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 (including the use, inability to use or the results of use of the Service) for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
8.4. 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.
8.5. The foregoing does not affect your statutory rights.
8.6. In the event that we are found to be liable to you our total aggregate liability is limited to the price of your Order.
EVENTS OUTSIDE OUR CONTROL
9.1. For the purposes of these terms, “Force Majeure Event” means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of us or our Drivers.
9.2. We shall not be liable to you as a result of any delay or failure to perform our obligations under these terms as a result of a Force Majeure Event.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.
These terms and any document referred to in them constitute the whole agreement between you and us and supersede all previous correspondence, arrangements, understandings or agreements between us relating to the subject matter.
CHANGES TO THESE TERMS
CHANGES TO OUR SERVICE
We may update our Service from time to time, and may change the content on our Service at any time. However, please note that any of the content on our website or mobile application software may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website or mobile application software, or any content on them, will be free from errors or omissions.
GOVERNING LAW AND JURISDICTION
These terms, 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), shall be governed by, and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).