Terms And Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with, and are bound by the following terms and conditions of use, which together with our privacy policy govern MyDine’s relationship with you in relation to this website.

The term ‘MyDine” and/or ‘us’, ‘company’ or ‘we’ refers to the owner(s) of the website whose registered company MyDine. The term ‘you’, “the customer”, “customer”, “you’re” or “your” refers to you, the user or viewer of our website.

Product / Service Information

1.1 MyDine is a Caribbean catering company; we produce fresh dishes suitable for a flavourful and well-balanced diet. Food can be purchased on a one-off basis, or via “requesting a quote” for ease and convenience. Food is prepared once we receive your order on the date of delivery to ensure their freshness, and maintain their nutritional integrity.

1.2 MyDine’s website and services are only intended to be used by person(s) residing in England, Scotland and Wales. At present, we do not accept orders from outside of England, Scotland and Wales

Company Information.

2.1 MyDine LTD is are registered in England under company number 09242584 and with our registered office. Our Registered address is: Front Suite, 1st Floor Charles House, 148-149 Great Charles Street, Birmingham, England, B3 3HT. . Mydine is a 5 star food hygiene rated company that operates in a private kitchen within the Sandwell Borough. Our food hygiene rating accreditation can be found here: http://ratings.food.gov.uk/business/en-GB/1021782/My-Dine-Sandwell Products and services

3.1 All products (food items) shown on our site are subject to availability. The product images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your products will arrive in the exact same manor – therefore your products may vary from those images.

3.2 Customers can opt to make a one-off package purchase, for which you can select your favourite food for which you would pay a one-off fee at the point of checkout.

3.3 It is your obligation to select and view products & menus you would like for your order and if you fail to make a selection by the cut off date/time specified on our website, we will select the products for you. Please ensure that your order and any other information you supply us with is correct and you must update us as soon as possible if there are any changes.

3.4 As our products are made to order, there may be a slight variation in the sizes, weights, capacities, flavour profiles; dimensions and measurements indicated on our website. We reserve the right, and you accept a 5% tolerance on all of the above. The packaging of the products may also vary from that shown on images on our site and on social media sites.

3.5 Under certain circumstances we reserve the right to substitute certain products and foodstuffs that may form part of your order without prior warning.

Nutritional information

4.1 All nutritional information should be considered as estimates. As food are freshly prepared we reserve the right, and you accept a 5% variance on all the nutritional information provided. Our nutritional information is solely a guideline; you are ultimately responsible for all decisions pertaining to your health. The nutritional information on this site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified professional. Customer’s Obligations

5.1 Customers using MyDine service’s must meet the following criteria in order to purchase from our website, you must: be at least 18 years old; provide true, accurate, and current data in for Customer’s account and update respective data in case of changes; use all reasonable efforts to keep credentials confidential and inform My Dine if credentials might have become known to another person. be legally capable of entering into binding contracts; not impersonate any person or entity or misrepresent identities or misleadingly enter affiliations with any person or entity. This includes using another person’s username, password, or other account information; be resident in and access the Website from England, Scotland and Wales.

Food and Allergens

6.1 Customers can choose from the range of food offered on our website. Any pictures used on the Website are illustrations only; the actual appearance of food items may differ. Food are shipped in microwavable and recyclable trays or containers.

6.2 You understand and are aware food may contain allergens and may contain a trace of nuts. MyDine handles nuts, gluten, celery, soya, sulphites, nuts and milk, and therefore there may be a trace of the above in all of our foodstuffs.

Right to Cancel

7.1 We reserve the right to cancel any order at any time. All of the products (food items) on our site are perishable, this means that the right to cancel this Contract does not apply. We understand that you may need to cancel an order, if you contact us within 48 hours after purchase; it may be possible to cancel this Contract. Please contact us through our contact page. Please note, cancellations made after 12 hours of purchase will incur a 25% administration charge from the final value of your purchase. Cancellations that are agreed by Mydine 48 hours before delivery will incur a 45% administration charge.

7.2 For non-perishable goods, your legal rights to cancel still applies.

7.3 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them.

7.4 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

7.5 You will not have any right to cancel a purchase for the supply of any of the following goods: for the supply of goods the price of which is dependent on fluctuations in the financial market which cannot be controlled by the retailer. For the supply of good made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

Coupons and promotions codes

8.1 We may, at times offer vouchers, offers, discount promotions, gift cards (Coupons) and other types of promotions on our website, marketing materials, text messages, emails and on our official social media networks. Coupons or discount codes cannot be used in conjunction with any other promotion offers or account credits.  A Coupon may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

8.2 We reserve the right to withdraw or deactivate any Coupon for any reason at any time without prior warning.

8.3 Coupons may only be redeemed through the website www.mydinecatering.co.uk and not through any other website or method of communication. To use your Coupon you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Coupon or discount code. Any discounts attached to Coupon apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

8.4 We reserve the right to exclude or cancel the use of discount or coupon codes at any time without prior warning.

Price and Payment

9.1 Product (food items) prices and delivery charges are liable to change at any time without any forewarning. Our products and services exclude delivery charges. Payment for the Products and all applicable delivery charges is in advance. No items will be dispatched until payment and the order is complete. We reserve the right to vary our payment system and terms and conditions. Our chosen merchant processor processes all financial transactions.

9.2 Payment for all Products and Services must be by credit or debit card. The price of the Products and our delivery charges will be as quoted on our site and may change from time to time. It is your responsibility to update payment card details as necessary. You must contact us immediately if you dispute any payment. Payment must be made in advance and cleared before any products are shipped.

Our refund policy

10.1 When purchasing from MyDine you agree to our no refund policy. All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. You may contact us within 7 days from the purchase. If you are unhappy with your MyDine order for a legitimate reason. We will assess your case, we reserve the right to offer an appropriate coupons or credit notes based on the nature of your case.

Contract execution

11.1 Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.

Copyright Notice

12.1 This site and all materials, music, sound, graphics, formats, files, photographs, illustrations, artwork, names, text, code, content, software, videos, logos, marks devices and links contained in it or linked to it (Content) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. You are able to view said content. However, the Content must not be used or reproduced, or in whole or part, for any other purpose including on or in connection with another website or publication or for direct personal or commercial gain. Any links to this site must be notified to and approved by us before use.

Events out of our control

13.1 MyDine cannot 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 (Force Majeure Event) (as defined in points 13.2 and 13.3).

13.2 An Event Outside Our Control means any act, event, omission or accident 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, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.

13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Company Liability

14.1 You acknowledge that your use of this site and its content is at your own risk. We shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages.

14.2 MyDine accepts no liability for the following: loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of MyDine’s breach or if it was contemplated by Customer and My Dine at the time Customer and My Dine entered into this contract); loss which arises when My Dine is not at fault or in breach of these terms and conditions; and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

14.3 Nothing in this agreement excludes or limits the liability for: for fraudulent misrepresentation; for death or personal injury arising from our negligence; under Part I of the Consumer Protection Act 1987; for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

Delivery and Liability

15.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation (Order completion email), unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, our authorised courier company or ourselves will inform you. All delivery dates are estimates and are not guaranteed.

15.2 Delivery windows stated by MyDine are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your food at any point on the day.

15.3 We will confirm when your order leaves our packaging centre. It is you, the customers, responsibility to ensure that you have given us the correct delivery address and special delivery instructions. As the goods are perishable, if nobody is available to receive the goods, we will leave the goods in a designated safe area chosen by you or with a neighbour. If no delivery instructions have been left and you are not in to receive your order, you agree for our couriers to delivery your food to a neighbour. In the event nobody is able to receive your order, you agree for our chosen courier to leave your parcel in a safe location within the confines of the addressed recipients property.

15.4 As our products are perishable, we will deliver your MyDine food as specified in your delivery instructions at checkout. If no specific delivery notes or instructions are left, we will assign the default note as “Deliver to neighbour to sign for”. As our goods are perishable, delivery will only be attempted once. If not in or unable to receive your order our chosen courier will refer to the delivery notes provided. Once the delivery is completed, (i.e. signed for by customer, left in a safe place as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no “leave safe” is provided or available) the risk of any damage or loss of the box will be with you, the customer. MyDine shall not be held liable for any damage, defect or loss that may occur thereafter.

15.5 You are fully responsible for any damages or losses due to any ambiguity or change of delivery regarding the delivery date, time, or safe spot specified by you. MyDine will not review the safe places or change of deliveries made by you once your order has been shipped as to its general suitability.

15.6 Refusal of your order does not negate the charge; MyDine will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorized courier company. As perishable items cannot be resent, you accept refusing an order or changing your delivery date/time will resort in no refund.

Miscellaneous. Electronic Communication

16.1 Customers acknowledge that the provided service and related communication will be mainly electronic. Customers agree to this electronic means of communication and acknowledge that all contracts, notices, information, invoicing and other communications that My Dine provides in the course of the service will be in the electronic form.

Severability

17.1 Each of the sections of these terms and conditions 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.

Changes

18.1 MyDine may update, vary and amend these terms and conditions from time to time without prior notice. Each time Customer orders or changes a subscription plan, the terms and conditions in force at that time will apply (as set out on this Website). Please check the Website to understand which terms and conditions apply.

Rights and obligations

19.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

No reliance & warranty

20.1 Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party.

Contract between MyDine and you

21.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

21.2 The Contract will relate only to those Products (food items) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products that may have been part of your order until the dispatch of such Products has been confirmed.

21.3 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

21.4 We will make the reimbursement for any products or services that remain used, this may take up to 30 days after the day we receive back from you any goods supplied, or 30 days after the day you provide evidence that you have returned the goods.

21.5 We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold any reimbursement until we have received the goods back from you, or you have supplied evidence of having sent back the goods.

Additions, Damages & Breakages

22.1 As part of this agreement you authorise Mydine Ltd to store your credit or debit card details and automatically charge you, without prior notice, for any additional charges incurred relating to the supply and damage of any crockery, catering equipment, glassware and linen supplied by Mydine Ltd to you at 15-times (x15) the price of hire.  For example, the use of our cutlery set at a cost of £2 is supplied to you, and is returned to us damaged or missing we will charge you £30.

22.2 All hired items, including cardboard and/or plastic packing containers remain the property of MyDine Ltd. Damaged, missing, or destroyed packing containers will be charged at a minimum of £10.00 per packaging item against the deposit.

22.3 This will include, but not limited to, additional hire charges, replacement of lost/stolen items, items returned that are damaged, items that are sent back dirty without pre-payment and additional delivery charges.

22.4 Damage/Loss Any items that are either lost, stolen or damaged will need to be replaced by the customer. If after the event losses are found the customer will be fully liable for their replacement value. Any loss or damage will be established upon the return of items to our warehouse. It is impossible for a driver to establish loss whilst collecting and you accept that this can only be done once the items have been returned to us.

22.4 The Customer will be liable for all costs incurred by Mydine Ltd in recovery due to the Customers breach of the agreed repayment terms, to include fees for a Letter Before Action at £30.00, Debt Collection Agents fees @ 20% of the amount overdue, Interest at 8% above the Bank of England’s Base rate and Late Payment Compensation per Invoice of £40.00 on balances under £1,000.00 and £70.00 on any balances over £1,000.00.

Conclusion

23.1 These terms are governed by English law. English law will govern any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract. You and we both agree that the courts of England will have non-exclusive jurisdiction. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Last updated: 19/02/2020

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