TUCK TRUCKS

TERMS AND CONDITIONS OF ORDERING

These terms and conditions govern your orders using the Tuck Trucks website.

By clicking to accept these terms and conditions, you agree to be bound by them. If you are unsure of anything, please contact us before accepting.

1. ABOUT US AND YOU

1.1 We are The Ho-So Initiative Limited. We trade under the name ‘Tuck Trucks’. We are a company incorporated in England and Wales under company number 12465469, and our registered office is at Devonshire House, 1 Devonshire Street, London W1W 5DR.

1.2 We partner with vendors of Products (as defined below), and we allow customers to make orders directly with those vendors. Those vendors are third-party businesses; they are not part of the same group as Tuck Trucks (or owned by Tuck Tucks).

1.3 You are the person placing an order with a vendor. You may be a consumer or a business – but note that:

1.3.1 if you are a consumer, you have certain additional legal rights that are not replaced or affected by these terms – please see https://www.citizensadvice.org.uk/consumer/ for more about them;

1.3.2 if you are a business, some provisions are slightly different for you. We make this clear in these terms.

1.4 If you would like to contact us about these terms, please e-mail hq@tucktrucks.co.uk . Our customer service hours are 9.30 a.m. to 18.00 p.m., Monday to Friday, excluding bank holidays and public holidays in England.

1.5 If we need to contact you, we will use any of the details you have provided to us.

2. WHAT DO THESE TERMS COVER?

2.1 You can make an order for Products as follows:

2.1.1 an online click-and-collect order;

2.1.2 an online order for delivery;

2.1.3 a walk-in order directly with a vendor (i.e. an order where you simply go directly to the vendor).

2.2 These terms predominantly concern online orders from our Site only. Walk-in orders may be recorded and processed by the vendor using our software, but those orders are only relevant to these terms where indicated.

3. DEFINITIONS

3.1 Some definitions that are used frequently in these terms are set out below:

‘deliverer’: a person delivering Products that you have ordered.

‘Products’: any items sold by a vendor, most commonly food and drink.

‘Service’: the service that we provide, whereby we link you with vendors so that you can order Products from them.

‘Site’: our website, https://tucktrucks.co.uk.

‘these terms’: these terms and conditions.

‘VAT’: value added tax chargeable under English law.

‘vendor’: a seller of food and/or drinks with whom we have partnered.

‘walk-in order’: an order that you place with a vendor that is not made through the Site.

‘we’: The Ho-So Initiative Limited, trading as Tuck Trucks. The related words ‘we’, ‘our’ and ‘ours’ also refer to us.

‘you’: the person placing the order (whether it is for your consumption alone or for one or more additional persons). The related words ‘your’ and ‘yours’ also refer to you.

3.2 Where a definition is used in only a single clause of these terms, we define it separately in that clause.

3.3 The clause headings in these terms are for guidance only. They are not part of these terms.

3.4 A ‘person’ can mean an individual or any kind of business or organisation.

3.5 The words ‘include’, ‘including’ and ‘for example’ do not limit the sense of the words around them.

3.6 A reference to ‘writing’ or ‘written’ includes e-mail.

4. OUTLINE OF THE SERVICE, AND PURPOSE OF THESE TERMS

4.1 The Service permits you to order Products from a vendor, subject to the conditions set out in these terms.

4.2 Your contract for Products is directly with the vendor, not with us. With orders made through the Site, we act as agent to allow a contract for Products to be made between you and the vendor.

5. OTHER RELEVANT TERMS

5.1 These terms relate to your use of the Service and the orders you place. Other relevant terms with us are as follows:

5.1.1 our https://www.tucktrucks.co.uk/terms-of-service cover your use of the Site;

5.1.2 our https://www.tucktrucks.co.uk/privacy-policy describes our use of your personal data and your rights.

5.2 When you place a walk-in order, you will be subject to any terms and conditions that the vendor has put in place (although they should be clear to you in advance of your order).

6. ARE THERE ANY AGE CONDITIONS?

6.1 You must be 18 or over to place an order on the Site. You will be required to confirm this when you place an online order.

6.2 If you order any Products on the Site that have an age restriction for sale (‘Restricted Products’), you will be required by the vendor or the deliverer to prove that you are at least the required aged (usually 18) to order the Product. If you cannot provide proof (or if the vendor or deliverer has reason to believe the Product is being purchased for a person under the required age), the Restricted Product will be withheld but you will still be charged for it.

7. PLACING AN ORDER ON THE SITE

7.1 This section covers orders placed on the Site. Some provisions relate to those orders generally, while some are specific to click-and-collect orders or to delivery orders. We therefore break these down below.

For all orders through the Site

7.2 Your order will be with the vendor.

7.3 You do not create an account to place an order. You simply enter your name and contact details at the right time.

7.4 Product images and descriptions are given to us by vendors. The actual Products supplied may vary slightly from their descriptions or images.

7.5 When you have chosen an available vendor, you place your desired Products in the basket. When you have finished, you go to the checkout. Please review your Products at this stage to make sure you have the right items in there.

7.6 When you enter your payment details and click to place your order, your order will be received by us and, if payment can be processed, you will receive a confirmation on screen and by email to state that payment has been made. No contract for your order exists until you receive the confirmation from us, and payment has been made.

7.7 You will be given a unique order number. You must quote this, plus the name you have given, at the point of delivery or collection – otherwise, your order will not be completed but you will still be charged.

7.8 Please note that, once you have made an order and it has been confirmed, the order cannot be modified. You may be able in those circumstances to cancel, provided that the vendor has not begun to process your order.

CLICK-AND-COLLECT ORDERS

7.9 When you are placing your order, you will be asked to choose a collection time.

7.10 Please arrive promptly at, or just before, your collection time. You will be charged for a non-collection and unable to collect the Products if the fault is yours, for example if:

7.10.1 you do not arrive within 30 minutes of collection time;

7.10.2 the vendor is not satisfied that you are old enough in relation to any Restricted Product.

7.11 Occasionally, issues may arise from the vendor’s side preventing collection when expected. If your Products are not ready within 15 minutes of the scheduled time, the vendor will try to get them ready as quickly as possible. If your Products are not ready within 45 minutes of the scheduled time for reasons that are not your fault, you will have an option to cancel.

DELIVERY ORDERS

7.12 Your ability to receive delivery will depend on your distance from the vendor; in some circumstances you may be given a choice of fixed delivery locations to choose from. Each vendor has its own criteria, which can change depending on the level of trade on a particular day, the weather, traffic, and other matters. We will confirm if delivery by a particular vendor is not possible or becomes not possible.

7.13 When you are placing your order, you will be asked to choose a delivery time. If an “ASAP” choice is available and you simply choose ASAP for your delivery time, it will be prepared as soon as possible, and any estimate is just a guideline – therefore, please be ready immediately to receive it, as it may arrive sooner than the estimated time.

7.14 Occasionally, issues may arise from the vendor’s side preventing delivery when expected. If delivery cannot be made within 15 minutes of the scheduled time, we will (unless the fault is yours – for example, you give the wrong address or you are out) try to get delivery to you as quickly as possible. If delivery cannot be made within 45 minutes of the scheduled time for reasons that are not your fault, you will have an option to cancel.

7.15 You will be charged for a non-delivery if the fault is yours, for example if:

7.15.1 you gave the wrong address;

7.15.2 you did not answer the door (or a call from a deliverer), or were not there to take delivery;

7.15.3 the deliverer is not satisfied that you are old enough in relation to any Restricted Product.

8. FOOD ALLERGIES

8.1 We want you to be safe. Vendors naturally may use certain allergens (including nuts) in the preparation of some Products. If may display allergy information that we receive from vendors; if so, it is up to the vendors to ensure that this is accurate. If information is not made available on the Site – or in any case if you have questions – please contact the relevant vendor directly.

8.2 Tuck Trucks itself cannot control the use or non-use of allergens in any Products. Therefore, it is very important that you follow the steps above.

9. PRICES AND PAYMENTS

9.1 Prices for Products will be as quoted on the Site at the time you place your order. No change will occur to the price of the Products after this time unless there is an obvious pricing mistake. Prices include VAT.

9.2 A Service Charge is generally added onto the price of Products which is dependant on location / who you are ordering from. The service charge is calculated as a fixed amount or as a % of your order value (depending on which is higher). The service charge is our payment for the Service.

9.3 Payment for all online orders must be made using an accepted credit or debit card through the Site when you place your order. Payment on collection or delivery is not possible.

9.4 Once you have placed an order, it is standard for banks to “ring-fence” the full amount of your order (including service charge). If an order is later rejected by the Vendor or cancelled for any other reason, your bank or card issuer will not transfer the funds, but it may take a number of business days for your bank to release the ring-fenced sum back into your available balance.

10. CANCELLATIONS AND REFUNDS

Cancellation by you

10.1 You have a right to receive Products that comply with description, that are of satisfactory quality, and that comply with any specific requirements you have explained (and that have been agreed to prior to order).

10.2 If any Products fall short of the above, you should click the “refunds” tab on the email order confirmation or. This will enable you to communicate directly with the vendor and request a refund. If you have collected the order and you are at the vendor’s premises, you may speak directly with the vendor.

10.3 The vendor may request reasonable evidence (e.g. a photo). It is the vendor’s role to action a refund. We have no control over the vendor’s decision. Our only involvement in relation to refunds occurs if you have requested a refund and the vendor has not responded to your request within 48 hours: in these circumstances, we will action the refund of the requested amount.

10.4 Any refund given to you will be for the value of the Products (or the affected Products, if relevant) plus the service charge if the entire order is cancelled, but excluding any charitable donation that you make.

10.5 Please note that, since the Products are perishable items, and the contract is (subject to acceptance) performed immediately, you would not benefit from the 14-day “cooling-off period” available for some consumer agreements. Therefore, once you have formed a contract, it is binding on you unless you are entitled otherwise to cancel.

Cancellation by the vendor (no customer fault)

10.6 Very occasionally, circumstances will arise in which a vendor will, despite accepting an order, be unable to fulfil it. Generally, this will be where the volume of orders, or a kitchen failure or similar, prevents timely orders being fulfilled. In those circumstances, you will be informed of your order cancellation. In these circumstances, you will receive a refund for the value of the order including the service charge (but excluding any charitable donation that you make).

Cancellation by the vendor (customer fault)

10.7 Other situations in which a vendor can cancel are set out elsewhere in these terms – for example, if you fail to take delivery on time or to collect within 30 minutes of the collection time, or if you cannot supply suitable ID if you have ordered Restricted Products. In those circumstances, the vendor is under no obligation to fulfil the order (or the affected part of it, where it relates to Restricted Products) but you will still be charged in full.

11. LIMITATION OF LIABILITY

11.1 We uphold the law and do not exclude or limit our liability where it is unlawful for us to do so: for example, in the unlikely event of death or personal injury caused by our negligence.

11.2 Subject to the above:

11.2.1 we have no liability to you in relation to the Products themselves, our vendors’ performance, or the non-availability of the Site;

11.2.2 if you are a consumer, we are liable for losses caused by the Service that are foreseeable (which will be the case if the loss or damage was obviously going to happen or if you told us it would happen at the time you placed the order);

11.2.3 in all cases, we have no liability for:

(a) business losses,

(b) losses that were not reasonably foreseeable at the time of the order, or

(c) losses caused by another person.

12. MATTERS BEYOND OUR CONTROL

We will not be in breach of this agreement, or liable, for any failure or delay that is due to any matter beyond our reasonable control. This includes problems of availability (of vendors or Products), issues with the Site that are due to our website host or your connections, and failures by our partners (for example, our payment partner).

13. CHANGES TO THESE TERMS, AND OTHER MATTERS

13.1 We may change these terms from time to time. Any such changes will apply to you the next time you click to accept them. This will not affect any orders that you made prior to this.

13.2 If we are entitled to enforce or rely on these terms against you, but we delay doing so, this will not prevent us from doing so in future.

13.3 If part of these terms is considered by a court to be unlawful, it will be deemed excluded and the other parts will remain in place.

14. THESE TERMS RELATE TO YOU

These terms, and the orders that you make, are with you alone. No other person apart from you, us and the relevant vendor may enforce these terms.

15. COMPLAINTS AND DISPUTES

15.1 If you have any complaint – save where we have advised you to contact the vendor in the first instance – you are encouraged to share it with us at HQ@tucktrucks.co.uk. We will try to address any complaint swiftly.

15.2 If your complaint relates to a vendor (rather than to our Service), we may provide liaison between you and the vendor to try to bring about a solution. If we do not believe our involvement in that is helpful or necessary, we will not participate (or we will stop participating) and you may continue your discussion directly with the vendor.

16. GOVERNING LAWS AND JURISDICTION

16.1 These terms, and any dispute or claim relating to them, are governed by the law of England and Wales.

16.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising in connection with these terms (excluding any issue that you and we or the vendor agree to resolve informally or differently). However, if you are resident in Northern Ireland or Scotland, you may commence proceedings in the region in which you are resident, if you prefer.

END OF THESE TERMS