TERMS & CONDITIONS

LAST UPDATED 22/04/2022

TERMS AND CONDITIONS OF SALE

These are the terms and conditions on which Eighty Eights supply products to you, whether in store or by phone, via our websites (www.eightyeights.co.uk) and via our mobile, tablet or other applications. (Our Sites)

Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.

By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.

If you have any questions relating to these terms and conditions please contact Eighty Eights by 01962 867 999 or hello@eightyeights.co.uk before you place an order.

Your use of our Sites, and any orders you place, is governed by our Terms of Use, Privacy Policy and our Cookie Policy. Please take the time to read these, as they include important terms which apply to you

INFORMATION ABOUT US

Our Sites are operated by Eighty Eights ("we", "our" or "us"). We are registered in England and Wales under company Winchester Kebab Ltd company number 09941952 at 485 Kingsland Road, Dalston, London, United Kingdom, E8 4AU. You can contact us by hello@eightyeights.co.uk

Eighty Eights is independently responsible for its own legal and regulatory compliance and for the operation of its own Store and all compliance and other issues arising from any transactions with you. This means that we are solely liable for all products you purchase from us whether via our Sites or in store.

Apple Inc. is not a sponsor of, nor is it responsible for, any promotional offers within our iOS applications.

SERVICE AVAILABILITY

Subject to minimum delivery spends and delivery charge, we offer a delivery service to certain prescribed areas of Winchester to ensure that our products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have our products delivered to your door although you may collect any products you order from us.

For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels and they carry less than £10.

ORDERING

You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.

If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted by us. Your contract with us is only formed when you have been presented with this confirmation.

You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order.

If you place an order in our Store, your contract will be formed when you receive your receipt of purchase.

Although Eighty Eights always endeavours to provide the best deals, offers and savings, this may not always be possible due to the extremely large number of possible permutations that could be available for any one transaction. Eighty Eights does not warrant, express or imply that we shall provide customers with the best deals, offers and savings at all times when ordering.

PRODUCTS

All products are subject to availability. In most cases, Eighty Eights will offer an alternative for any out-of-stock item.

We do not use nuts in our products, however, some ingredients are produced in factories that handle nuts and some ice creams contain nuts. For full ingredient lists, nutritional and allergen information see our allergen page. 

Eighty Eights is a busy working environment and there is a risk of cross-contamination between toppings. If you have an allergy we kindly ask that you do not order online. Instead, please telephone us 01962 867 999 and inform your order-taker at the Store directly in full of your allergies.

We do have a number of options available for vegetarians which are indicated on our menus. We also have procedures in place for making pizzas that are suitable for vegetarians however please note that we do not have a dedicated preparation or cooking area in our stores for vegetarian food. If you are a vegetarian please inform your order-taker who will do their best to ensure that any risk of cross-contamination with your order is minimised.

We have strict procedures in place for making food that are suitable for vegans, however, please note that we do not have a dedicated preparation or cooking area in our stores for vegan food. If you order a vegan pizza the store will do their utmost to ensure that the risk of cross-contamination with your order is minimised.

Great care is taken in the preparation of all our products, however, we cannot guarantee that all bones from meat products have been removed and some may remain. Olives may contain stones.

Cooked ham is formed from cured pork legs with added water. Ground beef, chicken breast strips and smokey bacon contain added water.

Some products may have been previously frozen.

Our food is handmade to order with fresh ingredients. The images of our products contained on our menus and Sites are for illustrative purposes only. Although we try our hardest to be consistent, at times, the size or portions can vary and products you order may vary slightly from those images.

Coca-Cola, Coke & the Dynamic Ribbon Device are registered trademarks of The Coca-Cola Company.

AVAILABILITY AND DELIVERY

We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors outside of our control such as the weather and traffic conditions may occasionally prevent us from achieving this.

Should you be unsatisfied with your order you can follow the standard process available to all customers and contact us via our hello@eightyeights.co.uk

Eighty Eights will do its best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.

If your order is for delivery and you have requested delivery 'asap', Eighty Eights will do its best to fulfil your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances facing the us at the time.

We message our customers via SMS to let them know their delivery is on its way. If you wish to opt-out of this service, please email hello@eightyeights.co.uk or call us by 01962 867 999

Delivery charges may apply, please ask in store for details.

CANCELLATION

You have the right to cancel an order by telephoning us up until either:

• in the case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or
• in the case of same day orders and deliveries, within a reasonable time prior to any food being used to start preparing your order.

If you wish to cancel an order after food has been used to start preparing it, you may, at our sole discretion, be charged the full price of the order and no refund will be due to you.

In the unfortunate circumstance that the we need to cancel your order after it has been accepted, we will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

You will not be charged for any orders we cancel. Any payment made prior to an order being cancelled by us will typically be reimbursed using the same method originally used by you to pay for your purchase.

PRICE AND PAYMENT

Prices are as quoted on our menus, Sites and in store and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT. Prices are set by each Franchisee and will vary between Stores. Each Franchisee will typically verify prices as part of the order process and its decision in relation to pricing is final and binding.

The price applicable for a 'Half and Half' pizza using standard menu toppings are based on the most expensive half.

Payments, for orders placed via the Sites, are made directly to us and subsequently passed to the relevant Franchisee. Payments, for orders placed in stores, are made directly to the Franchisee.

OUR LIABILITY

If we and/or a Franchisee fail to comply with these terms, we and/or the Franchisee (as applicable) are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.

However, we and/or the Franchisee (as applicable) are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you, us and the Franchisee at the time of your purchase.

We and our Franchisees only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We, and our Franchisees, do not exclude or limit our liability for:

• death or personal injury caused by our, or our Franchisee's, negligence;
• fraud or fraudulent misrepresentation; or
• any liability which cannot legally be limited or excluded.

WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, 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 Sites. For contractual purposes, you agree to 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.

If you wish to contact us or a Franchisee at any time, you should contact us using our Contact Form or contact the Franchisee at your local Store.

EVENTS OUTSIDE OUR CONTROL

We and our Franchisees will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").

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

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government; or
• non-performance by suppliers or subcontractors.

WAIVER

If we or our Franchisees fail to insist that you perform any of your obligations under these terms and conditions, or if we or our Franchisees do not enforce our rights against you, or delay in doing so, that will not mean that we or our Franchisees have waived our rights against you or that you do not have to comply with those obligations. If we or our Franchisees waive a default by you, this will only be done in writing, and will not mean that we or our Franchisees will automatically waive any later default by you.

SEVERABILITY

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

ASSIGNMENT

We or our Franchisees may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our Franchisees, whether oral or in writing.

VARIATION OF THESE TERMS AND CONDITIONS

We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

THIRD PARTY RIGHTS

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

LAW AND JURISDICTION

Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

FOOD HYGIENE RATING

The Food Hygiene Rating displayed against Eighty Eights is retrieved from Food Standards Agency live data via the Food Hygiene Rating API. Find out more here.