General Term & Conditions
In these terms and conditions (“Conditions”) the following words and expressions shall have the following meanings: -
the Customer, you, your, participant: means you, the customer, who buys the Products from Dyas Takeaway;
Dyas Takeaway, Management, Our and We: means Dyas Takeaway;
the Products: means the products supplied by Dyas Takeaway to the Customer;
the Web Site: means the web site www.dyaspizza.com;
Dyas Takeaway may change these Terms and Conditions from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. These Terms and Conditions are effective from 03/11/2010.
1. Order and Acceptance
1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by Dyas Takeaway to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.
1.2 The acceptance of orders for the Products shall be at the entire discretion of Dyas Takeaway; and is subject to availability, We may decline to provide You with the goods without giving any reason.
1.3 You may not place any orders if you are under 18 years of age.
2. Prices and Payment
2.1 Unless otherwise stated in writing the prices quoted by Dyas Takeaway on the Web Site are inclusive of VAT and any other applicable taxes.
2.2 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.
2.3 You can pay by methods of cash or credit / debit card. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order.
2.4 Please note that prices, minimum spend restrictions and maximum cash spend restrictions may vary, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.
3. Changes to your Order
If you wish to cancel, amend or complain about your order, please notify prior to order preparation – once order preparation has commenced, said order will be completed and payment will be expected. If you amend your order, the price charged will be the price for the amended order. If you paid by Credit card the price difference will need to be paid separately to Dyas Takeaway or any refund would need to be processed by our Customer Services team. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
4.1 We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
4.2 The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
4.3 We can only fulfil an order for large quantities at the discretion of Dyas Takeaway.
4.4 If you have chosen for the Products to be delivered, Dyas Takeaway will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
4.5 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
5. Transfer of Property
5.1 Risk in the Products shall pass to the Customer on delivery.
5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Dyas Takeaway and the Customer agrees that it will not infringe any of Dyas Takeaway’s intellectual property rights.
6. Oral Statements
The Customer agrees that, in the event of any conflict, written information about the Products supplied by Dyas Takeaway shall prevail over any oral statements made by Dyas Takeaway or by Dyas Takeaway’s employees or agents (although Dyas Takeaway shall be responsible for any fraudulent misstatements). Dyas Takeaway shall use all reasonable efforts to ensure that its written information about the Products is accurate.
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors.
All deals are valid within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, Dyas Takeaway excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Dyas Takeaway had no control of the consequences and which Dyas Takeaway could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
8.2 In any event, Dyas Takeaway’s liability to the Customer will not exceed the total price charged for the relevant items.
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE CUSTOMER.
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of England and Dyas Takeaway and the Customer submit to the non-exclusive jurisdiction of the Courts of England
10. Buy One Get One Free
The first Pizza ordered must be from Pizza number 5 onwards, second pizza will be free – up to the same value or less.
11. Loyalty Card Scheme
11.1 The Scheme is operated by: Dyas Takeaway of 205 Dyas Avenue, Birmingham B42 1HN.
11.2 Cards are issued by and remain the property of Dyas Takeaway.
11.3 Customers receive 1 stamp for every full £10.00 spent in each transaction of over £10.00 (excludes delivery charge) – cards must be produced at time of purchase.
11.4 No stamps will be issued retrospectively
11.5 One card per customer per order (card cannot be used by two people)
11.6 Stamps must be collected concurrently (in order)
11.7 All rewards are subject to availability
11.8 A participant may redeem rewards for takeaway or delivery orders only – No cash alternative available.
11.9 Offers cannot be carried over
11.10 Vegetarians will be offered a suitable alternative (at the sole discretion of Dyas Takeaway Management)
11.11 Loyalty reward cannot be used in conjunction with any other offer.
11.12 We may, at our discretion, replace any advertised reward with a similar reward.
11.13 We may amend or terminate the Scheme or amend any of these terms and conditions, at any time without prior notification.
11.14 We may, at our sole discretion, refuse to issue a Card and may withdraw a Card from a participant at any time. We may, at our sole discretion remove any or all participants from the Scheme at any time.
11.15 Not for re-sale & Not Transferable