Terms & Conditions

TERMS AND CONDITIONS OF FOOD DELIVERY SERVICE

These are the terms and conditions of the website of WH Night In Limited (also known as “A Night In” “us” “we” “our”) website name www.a-night-in.co.uk and our applications (each our “service”). This page informs you of the legal basis on which our associated suppliers supply any of their meals, beverages or other food items (the “parcels”) listed on our site to you. Please read these terms and conditions carefully before ordering any products from our site. By accessing our website and placing an order you agree to be bound by these terms and conditions. “You”, “your” and “customer” refer to the customer using our service to place an order.

If you have any queries relating to these terms and conditions, please contact us on the local number shown before you place an order.

1.      Who we are

www.a-night-in.co.uk is a website operated by WH Night In Limited, also known as “A Night In” (“we” or “us”) incorporated and registered at 23 Church Road, Evesham, WR112NE, which carries on a business where the food, beverages and other food items, are prepared by independent producers (“our Suppliers”) with whom we are associated and delivered by us to you.

2.      Purpose

The purpose of WH Night in is to provide a simple and convenient service to you, linking you to our products and allowing you to order through our website. WH Night in markets food and beverage parcels from selected ready-made goods on behalf of our Suppliers, concludes orders and then delivers the meals to you.

3.      Service Availability

Each of our products displayed on our website or app has a prescribed delivery area. This is to ensure that products reach your door when they are at their best. If you live outside the delivery areas, a message will appear on the screen notifying you that ordering online will not be possible in your area. We do not accept orders from individuals to a postcode area in which we do not offer our service. Operating hours will vary depending on local trading conditions and the availability of our Suppliers. Please click on the relevant link to view the menu on our service, and then click on your chosen option, which will provide you with the option to submit your order.

4.      Order Process

When you place an order using our service, a confirmation email confirming the details of the order and your address details will be sent to us. The contract for the supply of any item(s) you order through us will be between you and WH Night In Limited. This contract will only be formed when you have been sent a confirmation email by us. You also will be able to see the status of your order by checking your order account or by visiting the link given in the confirmation email. You must ensure that you have given us the correct email address, as this is how we will communicate with you about your order. You must also ensure that you provide an accurate address with postcode and contact telephone number to ensure that your meals reach you at the correct location.

If any information before delivery on the order confirmation is inaccurate you must notify us at the earliest opportunity. If you do not open the door or respond to electronic or telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises. You will then be charged for the full value of the meals ordered. WH Night In seeks to provide the highest quality delivery service and will be your first point of contact. In the unlikely event there is a problem with your order, including matters regarding food quality and/or temperature, you are legally entitled to receive a replacement for the meals you have ordered. We do monitor service standards very closely and it is of utmost importance to us that they comply with the high standards we expect. Please let us know if you have any comments relating to service or in respect of the meals by contacting your local manager via the contact information provided on the website/app.

5.      Allergen Information

All meals are subject to availability. Your selected parcel may or may not offer an alternative for any item it cannot supply. Our products are packed in a home environment. All dishes may contain traces of the following allergens: Wheat, Gluten, Peanuts, Nuts, Sesame Seeds, Celery, Soybeans, Milk, Eggs, Mustard, Lupin, Pork, Molluscs, Crustaceans, Fish, Sulphur Dioxide or Alcohol. Please note that if you are pregnant you may need to take caution when consuming any of the above dishes. For any questions regarding the allergen contents of specific items please contact WH Night In via the Contact Us page. If you have any allergic requirements, please contact us on the website/app prior to placing your order. WH Night guarantees that any of the products prepared by our Suppliers are free of allergens.

6.      Alcohol Sales

Alcoholic beverages may only be sold to persons over the age of 18 and proof of age may be required by us on delivery. The availability of alcohol is subject to licensing obligations applicable to WH Night In. It is solely for WH Night In to determine whether alcoholic beverages can be sold to you. WH Night reserves the right to refuse to deliver any alcohol to any person who does not appear to be over the age of 18, or who is, or appears to be, under the influence of either alcohol or drugs. By placing an order that includes alcohol, you confirm that you are at least 18 years old. By placing an order for alcohol, you agree to provide us with proof of age if requested to do so.

7.      Delivery

We aim to provide the best possible delivery service. However, occasionally our deliveries may be delayed due to factors beyond our control, such as traffic conditions and weather, which may prevent us from achieving our stated delivery times. We will use very reasonable endeavours to ensure that your meal is delivered by the time specified in the email/webpage/app. The timing of your order may also be affected according to the volume of orders taken by and the working circumstances of our suppliers at that time.

8.      Cancellations & Refunds

You have the right to cancel an order within a reasonable time and before the order is accepted by us by contacting WH Night In through the advertised contact methods on the website/app. WH Night In will consider the first five minutes of a new order as a cooling-off period. If you wish to cancel or amend your order you must contact us within 5 minutes of the order being placed. Any order cancelled by you after it becomes an accepted order will be charged to you. WH Night In will notify you when an order is cancelled. Any payment made by you prior to an order being cancelled by WH Night In will usually be reimbursed using the same method you used to pay for your order, or by other means of refund as determined by WH Night In at such time.

Our card refunds may take up to 5 working days to return to your card account depending on the card provider. We aim to process all refund requests within 24 hours. We will notify you by email or by the contact number given on the order if there is any change in the refund process. If you have any issues relating to your refund you should contact WH Night In directly.

Any complaints regarding refunds, cancellations, complaints and/or disputes should be emailed to orders@a-night-in.co.uk

9.      Price and Payment

The price of all meals is as listed on our service and is inclusive of VAT. Prices will vary and are subject to change at any time. Changes made will not affect orders in respect of which we have issued you with a confirmation email. Save where there is an obvious pricing error, we will notify you as soon as possible about any price change. We reserve the right to cancel your order once we have notified you of a pricing error. WH Night In will verify prices as part of the order process. Payment for all purchases can be made via card on the website, using our service. For card payments, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment will be made directly to WH Night In. Payment by cheque is not accepted by WH Night In.

10.    Our Liability

So far as the law allows, WH Night In provides our service and content on an “as-is” and “as-available” basis and we make no representation or warranty of any kind, express or implied, regarding the provision or availability of our service.  Consequently, neither WH Night In nor any of our Suppliers shall have any liability to you for any direct, indirect, special or consequential loss or damages arising in contract, tort (including negligence) or otherwise arising from your use of our service. In the event that WH Night In or our Supplier is found to be liable to you our total aggregate liability is limited to the purchase price of the meals you have paid for. This does not limit in any way our or our Supplier’s liability for any matter for which it would be illegal for us or it to exclude or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or fraudulent misrepresentation.

11.    Force Majeure

Neither WH Night In or our Supplier shall be liable to you for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental action, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in Clause 11 shall excuse you from your payment obligations under this agreement.

12.    Severability

If any provision of this agreement is determined to be illegal or unenforceable, the remainder of the provisions shall not be prejudiced and shall remain in full force and effect.

13.    Entire Agreement

These terms contain the entire agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to its subject matter.

14.    Our right to Vary our Terms and Conditions

WH Night In reserves its right to revise these terms at any time by amending this page. You are required to check this page from time to time prior to placing an order and are deemed to have notice of any such changes we make, as they will be binding to you.

15.    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 and the parties to this agreement agree to submit any such dispute or claim to the exclusive jurisdiction of the courts of England and Wales.