1.1. What these terms cover. These are the terms and conditions on which we or our independent NKD Pizza franchisees (“Franchisees”) supply Products (pizzas and fast food and beverages) to you via our website (https://www.nkdpizza.ie) or mobile applications (“our Sites”). Your use of our Sites, and any orders you place, is governed by our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.
1.2. Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, 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 or require any changes, please contact us to discuss. These terms will apply to any orders you place.
2.1. Who we are. Our Sites are operated by Excelsior Food Ireland Limited T/A NKD Pizza, a company registered in Ireland. Our company registration number is 589576 and our registered office is at 9 Orwell Rd Rathgar Dublin. Our VAT number is 3495487DH.
As NKD Pizza is a franchised business, the NKD Pizza store you are ultimately ordering from (your Local Store) is an independently owned and operated business. Therefore, each Franchisee or Local Store owner is independently responsible for its compliance with these terms.
We accept orders on our Sites on behalf of Franchisees as an agent of the Franchisee (unless the Local Store you are ordering from belongs to us), so your contract is with the owner of the Local Store who accepts or fulfils your order. Accordingly, when we refer to “we” or “us” in these terms, we also refer to the owner for the Local Store who accepts and fulfils your order where appropriate. So that could be NKD Pizza Europe Limited or a Franchisee.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please do not place an order. These terms apply to orders placed in United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland.
2.2. How to contact us. You can contact us by emailing us firstname.lastname@example.org or calling your Local Store.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1. Submitting your order. You must submit your order using the appropriate ordering facility provided on the Sites. You must be at least 18 years old to place an order. By submitting an order, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
3.2. How we will accept your order. Our acceptance of your order on behalf of the Franchisee will take place when we email you to accept it, at which point a contract will come into existence between you and the Franchisee.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products ordered. This might be because there is a minimum delivery spend; you want the Products delivered to an area outside the delivery area of any Local Store (you can still collect the Products from the Local Store); the Products or a Product is out of stock; there are unexpected limits on your Local Stores resources which we could not reasonably plan for; we have identified an error in the price or description of a Product; or we are unable to meet a delivery deadline you have specified.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5. Geographical Restrictions. Our Sites are solely for the promotion of Products in geographies where we have Local Stores. Unfortunately, we do not deliver to addresses outside a specific radius of a Local Store. These terms apply to customers in the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland.
3.6. Payment for your Order. Payments for orders placed via the Sites must be paid by either:
Prices for Products are set out in the Sites and may change from time to time however price changes will not impact orders already accepted.
4.1 Where to find the prices for Products. The prices for Products (which include VAT or other local tax unless stated) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of each Product advised to you is correct. However please see clause 4.2 for what happens if we discover an error in the price of a Product you order.
4.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we may contact you for your instructions before we accept your order. Otherwise, we may reject the order and notify you accordingly. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
5.1 Products may vary slightly from their pictures. The images of Products on our Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Sites may vary slightly.
5.2 Product packaging may vary. The packaging of Products may vary from that shown in images on our website.
6.1 Delivery costs. The costs of delivery of the Products will be as displayed to you on our Sites.
6.2 When we will provide the goods. During the order process, you can select a delivery window and we will only accept your order if we can deliver the goods within the delivery window. We will begin the services of preparing your order once we accept your order or at least 45 minutes before the start of the delivery window.
6.3 We are not responsible for delays outside our control. If our supply and delivery of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if we are unable to provide the Order at all on the day for delivery or the delay is substantial, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.4 Collection by you. If you have asked to collect the Products from your Local Store, you can collect them at the time indicated and agreed as part of the order process.
6.5 If you are not at home when the Product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of either,
6.6 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the Products from your Local Store, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.7 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
6.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away under clause 6.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clauses 6.7 and 6.8, you can cancel your order for any of the Products by calling your Local Store or reject Products that have been delivered. After that, we will refund any sums you have paid to us for the cancelled Products and their delivery. If you have accepted the delivery of the Products despite late delivery, we may ask that you either return them in person to the Local Store you bought them from, or contact the Local Store and allow the Local Store to collect them from you.
6.10 What will happen if you do not give required information to us. We may need certain information from you so that we can deliver the Products to you, for example, your address and telephone number. You must provide this information when ordering the Products or we may (but do not have to) contact you to ask for this information. If you did not give us this information when you order or do not provide the information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply). We will not be responsible for supplying the Products late or not supplying them if this is caused by you not giving us the information we need.
6.11 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes.
6.12 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending delivery of the Products, unless the problem is urgent or an emergency. You may contact us to end the contract for the Products if we suspend any part of your order, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Products in respect of the period after you end the contract.
6.13 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products for this reason.
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
7.3 Your right to change your mind. You can only amend or cancel your order or change your delivery time no later than 45 minutes prior to the start of the delivery window you have booked.
7.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still cancel your order and end the contract before it is completed, but you may lose your payment. If you want to cancel your order and / or end a contract before it is completed where we are not at fault and you have changed your mind, just contact your Local Store to let us know. The contract will end immediately.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.2 How we will refund you. If you end your contract with us and you are entitled to a refund, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible and usually within 14 days of when the contract ends.
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will not refund any money you have paid in advance for Products.
10.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can call the Local Store or write to us at email@example.com.
10.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products and if we demand it, you must either return the Products in person to your Local Store or allow us to collect them from you. We will pay the costs of collection. Please call the Local Store or email us at Info@nkdpizza.ie to arrange collection.
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective products.
11.3 When we are liable for damage to your property. If we are delivering Products to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11.4 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.1 How we will use your personal information. We will use the personal information you provide to us:
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if you do not inform us of changes in delivery at least 45 minutes before the agreed delivery window starts.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Which laws apply to this contract and where you may bring legal proceedings.These terms are governed by Irish law and any dispute or claim arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.