Terms and Conditions for food orders on The Blackpool Tower Preorday website
PLEASE NOTE, IF YOU HAVE ANY ALLERGEN REQUESTS PLEASE ORDER AT THE RESTAURANT
These Terms and Conditions (the "Terms") set out the terms on which The Blackpool Tower Ballroom and The Fifth Floor, which is part of Merlin Attractions Operations Limited (which also owns this mobile application), a company incorporated in England and Wales under company number 06272935, whose registered office is Link House, 25 West Street, Poole, Dorset BH15 1LD and is located within The Blackpool Tower, Promenade, Blackpool, FY1 4BJ (VAT No. 723687807]) ("Restaurant", "we" or "us"), sell food and beverages that it serves at its premises ("Food") to you via this mobile application.
By placing an order of Food on this mobile application ("site"), you agree to be bound by these Terms, which apply to you and the Restaurant. Please read these Terms carefully before placing any order on this site.
1. Terms of sale
1.1 You must be 18 years of age or older to place any order on this site.
1.2 On this site, you can place an order for the Food you wish to purchase and collect from the Restaurant in person by providing your details and paying for the Food via the payment page which you are taken to during the order process. [To do so, you must have your account opened on this site [by following the relevant instructions on the site] and be logged into your account when placing your order.] The means of payment that you can use to purchase any Food on this site are shown to you on this site during the order process.
1.3 Prices on this site are inclusive of VAT unless VAT is shown separately in the breakdown of the payment due when you place your order.
1.4 Any discount (if any) that may apply to your purchase must be claimed before you make your payment by providing the relevant discount code during the order process and your valid original Standard Merlin Annual Pass or Premium Merlin Annual Pass card must be presented when you collect your order at the Restaurant. If you use the discount code during your purchase but fail to present your valid original membership card at the Restaurant, you are not entitled to the discount and must pay to the Restaurant the amount that was reduced from the price of the Food at the time of purchase by way of a discount in order to collect your Food.
1.5 You will also be able to indicate the time at which you wish to collect your Food from the Restaurant during the order process ("Collection Time"). Collection Time is an estimate and, whilst the Restaurant will make reasonable efforts to have the Food ready for you to collect at the time chosen during the order process, you may need to wait at the Restaurant to collect your Food (for example in the queue that may exist at the relevant time). You must arrive at the Restaurant by the Collection Time and collect your Food from the Restaurant. If Food is not collected within 10 mins of the Collection Time, it will be discarded and product will need to be made again when you collect.
1.6 Sale of Food is subject to availability which changes from time to time. Whilst we make every effort to ensure that only the Food that can be collected from the Restaurant at the Collection Time will be shown on this site as the item that can be ordered for purchase, the Restaurant may not be able to provide what you have ordered or there may be delays in the Food supplied for collection due to things which are outside the Restaurant's control. If the Restaurant cannot make the Food you ordered available for collection at the Restaurant, the Restaurant will let you know [at the time of collection] and give you a full refund for such item using the same payment method that you used when placing your order.
1.7 For information on ingredients and in relation to food allergies, please refer to information provided on the App. Please speak to a member of staff about the ingredients in your meal before ordering.
1.8 Once you have placed your order on this site, you do not have the right to cancel or vary your order. If you wish to cancel or vary your order, and request this at the Restaurant in person, the Restaurant has discretion in agreeing to your request and may agree to your request. However, the Restaurant does not have any obligation to accommodate your request and has no obligation to give a refund or offer an alternative product in place of the Food you have ordered on this site.
1.9 The contract for sale of Food by the Restaurant to you is concluded between you and the Restaurant when we send you an email confirming your order. Please keep this email confirmation as your receipt and present it when you collect your Food at the Restaurant.
1.10 The Restaurant is under a legal duty to supply Food that is in conformity with this contract.
1.11 The Restaurant only supplies the Food for private use. You must not place an order for any commercial, business or resale purposes.
1.12 If the Restaurant fails to comply with these Terms and/or contract between you and the Restaurant, we will not be responsible for losses that were not foreseeable to both you and us when this contract is made, losses which were not caused by any breach on our part or business losses or losses to non-consumers. Nothing in these Terms however do not exclude or limit our liability for death, personal injury arising from our negligence or our fraud.
2. Governing law and jurisdiction
This contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law.
Any dispute or claim arising out of or in connection with this contract, its subject matter or formation shall be subject to the non-exclusive jurisdiction of the English courts.
3. Contact us
For any queries in relation to the sale of Food on this site (other than the cancellation or variation of your order to which clause 1.8 above applies), please contact us at Guestservices.firstname.lastname@example.org