WAKIKI Terms and Conditions

1. Introduction

1.1 (“Our site”). We are Tables of the World Limited, a company registered in the United Kingdom under company number 10083071 and with our registered office at 22 Wenlock Road, London, N1 7GU (“we”, “our”, “us” or “wakiki.co.uk”). We operate www.wakiki.co.uk which is a subsidiary of Tables of the World Limited. These terms relate to both entities as one and the same entity.

1.2 If you are a consumer then references in these terms and conditions to “you” are to the individual using our site and the Services for private and non-commercial purposes. If you are a business, references in these Terms to “you” are to the business that you have the authority to bind in accordance with section 1.9

1.3 These Terms (together with our Privacy Policy and Terms of Website Use) tell you information about us and the legal terms and conditions on which we provide the food delivery services detailed on our site (“Services”) to you. The Terms, Privacy Policy and Terms of Website Use are together the “Agreement”.

1.4 Please read these Terms carefully and make sure that you understand them, before ordering any Services. Please note that by ordering any of our Services in accordance with section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.

1.5 You should print a copy of these Terms or save them to your computer for future reference.

1.6 In these Terms:

1.6.1 “Customer Account” means a customer account which has been opened by you through our site in respect of the Services and is identified by way of an allocated account number generated by us;

1.6.2 “Goods” means the food and groceries that you order from us through our site;

1.6.3 “Order” shall mean any food (catered and prepped) or groceries purchased from our website;

1.6.4 “VAT” means Value Added Tax;

1.6.5 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.6.6 a reference to a party includes its successors or permitted assigns;

1.6.7 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.6.8 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

1.6.9 a reference to writing or written includes e-mails.

1.7 These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

1.8 The Services shall be performed in accordance with the process set out in this section

1.8.1 you will need to open a Customer Account. If you do not open a Customer Account then you will not be able to use the Services through our site;

1.8.2 if you open a Customer Account you shall be issued with a username and password as part of the registration process to open your Customer Account. You must use all reasonable steps to keep your username and password confidential, and must inform us if you suspect or discover that your username or password have become known to someone else;

1.8.3 you shall use your Customer Account to place an order for the Services in accordance with the process outlined on our site. We will confirm our acceptance of your order by sending you an email confirming the information you included in your order and providing a delivery estimate (the “Confirmation Email). This Agreement together with the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms and shall be a new and separate contract between you and us;

1.8.4 once we have dispatched your Order for delivery, we shall contact you on the telephone number provided in your Customer Account, informing you when the delivery driver is about to arrive. Typically this is when the delivery driver is less than 30 minutes away, (the “Delivery Call”), at which point you, or your nominated representative (as specified in the Order) shall go to the delivery address stipulated in the Order to take delivery of the Goods from the delivery driver;

1.8.5 within approximately 30 minutes of the Delivery Call the delivery driver will deliver the Goods to you or your nominated representative provided that either you or your nominated representative is present when the delivery driver arrives.

1.9 If you are a business customer This section 1.9 only applies if you are a business.

1.9.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Services under an Order.

1.9.2 The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

1.9.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.

1.9.4 Nothing in this section shall exclude liability for either party’s fraudulent misrepresentation.

2. The Order Process

2.1 When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by our partner vendor (the “Confirmation Email”) will be sent to you by us on behalf of the vendor.

2.2 The contract for the supply of any Food or Grocery you order through us will be between you and us and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Food and/or Grocery arrive to the correct location.

2.3 If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery driver physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Food or Grocery.

2.4 TOTW seeks to provide a quality service and will be the first contact in event in there is a problem with your Food or Grocery either in regards to food quality and/or temperature.

2.5 We do monitor our vendors very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our QTIP – Quality, Timeliness, Innovation and Professionalism. Please let us know if you have any comments relating to our vendors or in respect of the Food or Grocery by emailing or calling us.

3. Prices and Payment

3.1 All prices are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge which will be charged at the rates of £19 for all orders fulfilled by a single vendor and £39 for all orders fulfilled by multiple vendors.

3.2 We receive payment in British Pounds using the following cards: American Express, Mastercard or Visa credit card, Visa Electron Cards, Maestro or Delta debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

3.3 Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

3.4 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.

3.5 The price of any Food or Grocery will be listed on our website. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue.

3.6 Despite our best efforts, some of the Food and Groceries listed on our website may be incorrectly priced. The relevant partner vendor will normally verify prices as part of the order process. Payment for all items can be made by credit or debit card through our website. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to TOTW/Wakiki and is subsequently passed on by TOTW/Wakiki to the partner vendor.

3.7 We are authorised by our partner vendors to accept payment on their behalf and payment of the price of any Food or Grocery to us will discharge your obligations to pay such price to the partner vendor.

3.8 The charges for the items ordered are set out in the Confirmation Email.

3.9 Payment for the items ordered will be deducted from either: (i) the bank account registered to your Customer Account; or (ii) the bank account entered at checkout (as appropriate), when we send you the Confirmation Email.

3.10 If you fail to take delivery of the Goods within 15 minutes of us notifying you of the delivery driver’s arrival, you shall not receive a refund for your Order.

4. Delivery of the Order

4.1 Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your order items are delivered by the time specified in the email and webpage.

4.2 All orders will be liable to a delivery fee of £19 or £39 pounds, except otherwise stipulated in writing.

4.3 We will not deliver Goods to an address outside of the delivery area specified on our site as updated from time to time, unless we agree to do so in writing.

4.4 Times given for delivery are estimates only and we shall not be liable for any delay in delivery.

4.5 If, during delivery of an Order, you or your authorised representative (as appropriate) fail to take delivery of the Goods within 15 minutes of us notifying you of the delivery driver’s arrival other than due to our material breach of these Terms:

4.5.1 the delivery shall be aborted;

4.5.2 you will not receive a refund for your Order.

4.6 You shall be responsible for:

4.6.1 ensuring that we and/or our contractors have such access and parking facilities as may be reasonably required to carry out the Services;

4.6.2 ensuring that either you or your authorised representative (as specified in the Enquiry) are present to take delivery of the Goods at the delivery place specified by the relevant delivery driver;

4.6.3 providing us with your up-to-date contact details in your Customer Account and.

5. The Order (Allergenic Information)

5.1 TOTW/Wakiki offers an ordering and delivery service from our partner vendors throughout London and later, elsewhere in the UK. Each partner vendor has a prescribed delivery area. This is to ensure that their Food or Groceries reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a partner vendor. Operating hours will vary depending on local trading conditions and the availability of our partner vendors. Please click on the relevant link to view the menus or food items on our website, and then click on your chosen menu or food item which will provide you with the option to select your order from your chosen partner vendor (maximum of 3 vendors per order).

5.2 The Goods are intended to be healthy. However, we make no guarantee and give no warranty with respect to any health or dietary benefits of the Goods.

5.3 We recommend that you do not order from our website if you have any allergies. If you do have allergies and still wish to order from our website then you do so at your own risk and we shall not be liable in respect of the allergenic content of the Goods. Please call us using the contact details provided on our site if you require further information and advice on the allergenic content of the Goods.

5.4 We endeavour to provide information on any allergens that the Goods may contain on our site, but because all Goods are cooked or prepared to order in different kitchens we cannot guarantee and make no warranty that the Goods will not contain allergens.

5.5 The kitchens are busy working environment and there is a risk of cross-contamination between ingredients. Although reasonable care is taken, some Goods may contain nuts and we cannot guarantee that all bones from meat products in the Goods have been removed and some may remain.

5.6 The Goods are freshly prepared and although we try our hardest to be consistent at times the size of the bases can vary.

5.7 Nutritional information provided is an approximation based on values provided by suppliers and published resources. We cannot guarantee the exact nutritional information.

5.8 All Goods are subject to availability.

6. Events outside our control

6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by an event outside our control. An Event Outside Our Control is defined below.

6.2 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, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.

6.3 If an Event Outside Our Control takes place that affects the performance of the Services:

6.4 we will contact you as soon as reasonably possible to notify you;

6.5 we shall not be liable to you as a result of any delay or failure to perform the Services as a result of an Event Outside Our Control; and

6.6 we shall use reasonable endeavours to minimise any disruption to the Services.

7. Cancellation

7.1 You can cancel or change any of your current orders up until 8am the day before delivery, Monday to Friday. You can do this by sending an email to customerservice@wakiki.co.uk or you can call our Customer Services department on 0203 217 0996.

7.2 Customer Preferences – You can use the “NOTES” section when placing an order to inform WAKIKI of specific requests pertaining to your order e.g. “please use Basmati for my Jollof Rice”
Should you wish to do so after placing your order, you may convey such requests to WAKIKI no less than 24 hours before the expected delivery date & time of your order by sending an email to info@wakiki.co.uk
Please ensure that your order number is stated in the subject of the email

8. Return and Refund Policy

8.1 We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible.

8.2 On the occasion you are not happy with the quality or quantity of what you have received, you may return the non-perishable goods to us, provided that you notify us within 7 days of receipt of the non-perishable goods. You must inspect the non-perishable goods and notify us promptly in writing or by phoning our customer service centre.

8.3 On the occasion where an item is not available, if payment was paid using paypal, you will not be charged for the unavailable items. However, if payment was made by debit or cerdit card, the cost of the unavailable items will be refunded to your account.
8.4 Please note we cannot accept the return of perishable items due to hygiene reasons. We will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition).

8.5 We will not charge you for any incorrect goods or defective goods which you have received.

8.6 Our delivery driver will arrange a mutually convenient time to come and pick up returns from the customer.

8.7 To Request a Refund:

8.8 Call our customer help line stating your order ID number. If payment was by credit/debit card, your account will be credited. If payment was by any other means, the refund will be to your Wakiki account via the credit memo.

8.9 To view/confirm the refund via the credit memo, Go to ‘my account’. Under the ‘Order section’ click on ‘See orders’. At the bottom left of the page, go to the title header labelled ‘Type’. Click on the menu tab and select ‘Credit memo’.

8.10 Refunds can take between 7-14 day to appear in a customer’s bank account or Wakiki account.

9. Risk

9.1 Risk in the Goods shall remain with the customer from the time of delivery.

10. Limitation of Liability

10.1 If you are a consumer:

10.1.1 we only supply the Services to you for your domestic and private use and you agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

10.1.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into the Agreement; and

10.1.3 subject to section 10.3, our total liability in respect of the Services or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage or return, shall not in any event exceed the value of the relevant Order.

10.2 If you are a business:

10.2.1 subject to section 10.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;

10.2.2 subject to sections 10.2.1 and 10.3 our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the relevant Order; and

10.2.3 you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Services or your breach of this Agreement.

10.3 Nothing in these Terms excludes or limits our liability for:

10.3.1 death or personal injury caused by our negligence;

10.3.2 fraud or fraudulent misrepresentation; or

10.3.3 any other liability that cannot be excluded by law.

10.4 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

10.5 Please see section 5 for details on how we limit our liability in respect of the allergenic content of the Goods.

10.6 This section 10 shall survive termination of the Agreement.

11. Restriction of your use of the Services

11.1 You must be at least 18 years old and legally capable of entering into binding contracts in order to use the Services.

11.2 You must not:

11.2.1 use the Services or our site except as expressly permitted by this Agreement;

11.2.2 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;

11.2.3 disrupt, damage or interfere with the Services or our site in any way; or

11.2.4 offer in any manner, sub-license or re-sell the Services or the Goods, or use of or access to the Services or the Goods, to a third party, for any reason whatsoever without our prior written consent.

12. How we use your personal information

12.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

12.2 We may use location-based services in order to perform the Services as efficiently as possible. Information that we collect from you through the use of these services shall be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms you consent to our use of location-based services.

13. Our right to vary these terms

13.1 We may revise these Terms from time to time.

13.2 Every time you place an order, the Terms in force at that time will apply to any corresponding Order.

14. Obligations

14.1 You shall:

14.1.1 ensure that the information you include in your order is complete and accurate; and

14.1.2 ensure that you only purchase items on our website if you are at least 18 years old.

14.2 We shall provide the Services with reasonable care and skill.

15. Termination

15.1 We may terminate this Agreement with immediate effect by notice in writing to you if:

15.1.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or

15.1.2 you are in breach of any term of this Agreement.

16. Consequences of Termination

16.1 Upon termination of this Agreement for any reason:

16.1.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest;

16.1.2 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

16.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.

17. Confidentiality

17.1 Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 17 shall survive termination of this Agreement.

18. Notices

18.1 Notices to you

18.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.

18.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account/Order or any other address in England, Scotland or Wales which you have previously notified to us in writing.

18.2 Notices to you

18.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail.

18.2.2 Our address for service of notices shall be our address set out in these Terms in section 1.

18.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.

18.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account and/or Enquiry.

19. Other important terms

19.1 All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.

19.2 Wakiki is a trademark of Tables of the World

19.3 These Terms are only available in the English language.

19.4 If any of these Terms conflict with any terms of an Order, the Order will take priority.

19.5 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.6 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

19.7 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do nothave to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.8 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

19.9 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.

19.10 If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its 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. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

20. Reliance on information posted

20.1 Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.