O’rabbi – Terms and Conditions

O’rabbi WEBSITE TERMS AND CONDITIONS

You must be 16 years or older to place an order on O’rabbi.com.

YOUR CONSENT

When you make an order on O’rabbi.com and provide your mobile phone number, you consent to receive recurring, autodialed order confirmation on text messages at your given mobile number, including short message service (SMS) messages.

Standard carrier message and data rates may apply if you reply. Please check your mobile service pricing plan to determine the charges associated with sending and receiving text messages. Sending message to O’rabbi charges are billed by, and payable to, your mobile service provider. O’rabbi does not charge you for sending or receiving text (SMS)

You are able to opt out from future messages at any time by texting STOP from your mobile phone or emailing us on Hello@orabbi.com. You may also opt out by texting UNSUBSCRIBE.

You agree that if you request to opt out from future messages, we may send you a one-time opt-out text message to confirm. If you would like to join again after opting out, please sign up as you did the first time and we will resume sending automated SMS messages to you again. Please note; O’rabbi reserves the right to remove subscribers from our messaging database at our discretion.

O’rabbi may add or remove any wireless carrier from this program without notice. Mobile access and text message delivery is subject to your mobile network availability. Such access and delivery is not guaranteed. Neither mobile carriers nor O’rabbi are liable for delayed or undelivered messages.

We might send you emails, text or any other form of communication with invitations to write review (s), Thank you

YOUR PERSONAL INFORMATION

Data obtained from you in connection with the Text Messaging may include your mobile phone number; your carrier’s name; the date, time and content of your messages; and other information you provide to us as part of the Text Messaging . O’rabbi may use this information to contact you and to provide the services you request from O’rabbi. Thank You!

IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms“) on which we, orabbi.co.uk (“we“, “our” or “O’rabbi“), provide access to our website https://orabbi.com and any O’rabbi mobile application through which you order products (together, “the Website“). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://orabbi.com and any O’rabbi mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.2. Product Orders: We provide a way for you to communicate your orders (“Order” or “Orders“) for products (“Product” or “Products“) to vendors displayed on the Website. The legal contract for the supply and purchase of Products is between you and the vendor that you place your Order with.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

  • 3.1.1. You are legally capable of entering into binding contracts with Vendor; and
  • 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Vendor directly to check that the food is suitable for you, before placing your order directly with them.

3.3. Alcohol, cigarettes and other smoking products:

  • 3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
  • 3.3.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Vendor, or if the Vendor reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Vendor reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you should contact the Vendor to request the cancellation or amend to your Order.

4.2. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Vendor.

4.3. Delivery of your Order: Estimated times for deliveries and collections are provided by the Vendors and are only estimates. Neither we nor the Vendors guarantee that Orders will be delivered or will be available for collection within the estimated times.

4.4. Commercial agency: For the avoidance of doubt, any orders processed by O’rabbi through the Website are processed by O’rabbi in its capacity as commercial agent of the relevant Vendor.

5. PRICE AND PAYMENT

5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Vendor. These will be added to the total amount due where applicable.

5.2. Incorrect pricing: This Website contains a large number of products and it is possible that some of the products may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Vendor is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Vendor on collection by, you.

5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Vendor at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

6. DISCLAIMERS

6.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

6.3. Vendor actions and omissions:  The legal contract for the supply and purchase of Products is between you and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendors. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

  • 6.3.1. We do not give any undertaking that the Products ordered from any Vendor through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • 6.3.2. Estimated times for deliveries and collections are provided by the Vendors and are only estimates. Neither we nor the Vendors guarantee that Orders will be delivered or will be available for collection within the estimated times.
  • 6.3.3. We encourage all our Vendors to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept and fulfil all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason. Vendors will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.
  • 6.3.4. The foregoing disclaimers do not affect your statutory rights against any Vendor.

6.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

7. LIABILITY

7.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

7.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • 7.2.1. any loss of profits, sales, business, or revenue;
  • 7.2.2. loss or corruption of data, information or software;
  • 7.2.3. loss of business opportunity;
  • 7.2.4. loss of anticipated savings;
  • 7.2.5. loss of goodwill; or
  • 7.2.6. any indirect or consequential loss.

7.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

8. TERMINATION

8.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email).

8.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

9. WRITTEN COMMUNICATIONS

9.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. EVENTS OUTSIDE OUR CONTROL

10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event“).

10.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 10.2.1. strikes, lock-outs or other industrial action;
  • 10.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • 10.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 10.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 10.2.5. impossibility of the use of public or private telecommunications networks; and
  • 10.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

10.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

11. ADDITIONAL TERMS

11.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.

11.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it.

11.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

11.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

11.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

11.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

12. GOVERNING LAW AND JURISDICTION

12.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

12.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.