- INTRODUCTION TO EL PESCADOR AND OUR ROLE
1.1. Company details: EL PESCADOR is a company registered in England and Wales with registered company number 11958019, EL PESCADOR LTD, 20 – 22 WENLOCK ROAD, LONDON, N1 7GU
1.2. VAT number: Our VAT number is 237 8963 56.
1.3. Service: “We” (EL PESCADOR LTD) provide a way for you to communicate your orders (“Orders”) for products (“Products”) to the delivery or takeaway restaurant (“Restaurant”) displayed on the Website; and/or to communicate a request for a table booking (“Table Booking”) to the restaurant; (the “Service”).
1.4. Contract: The legal contract for the supply and purchase of Products is between the Customer and the Restaurant that the order is placed with.
- 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.
- 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; and
3.1.2. You are at least 18 years old.
3.2. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:
3.2.1. Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.2.2. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.
- HOW TO MAKE AN ORDER OR TABLE BOOKING REQUEST AND HOW IT IS PROCESSED
4.1. Compiling and submitting your Order: Once you have selected the Products you wish to order from the menu on the Website of the Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “Complete Order”, “Place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected. By completing and submitting the electronic order form you are making an offer to purchase Products which, if accepted by the Restaurant, will result in a binding contract between you and the Restaurant.
4.2. 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 paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Restaurant directly to communicate your request. You may also contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any online payment you make is not authorised, your Order will not be processed or communicated to the Restaurant.
4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants 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 Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
- PRICE AND PAYMENT
5.1. VAT and other charges: Prices per item will be as quoted on the Website. These prices include VAT except where indicated.
5.2. Incorrect pricing: It is possible that some of the Products listed 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 Restaurant 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 or in cash to the Restaurant at the point of delivery to you. Card payments will be listed on your account as going to El Pescador LTD.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms 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.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by EL PESCADOR and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.7 Discount voucher codes and voucher code URLs: We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason. The restaurant and EL PESCADOR reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice. Vouchers may not be exchanged for cash.
- CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our restaurant and speak to a member of the team on 01792 464947
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact the Restaurant directly
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact the Restaurant directly.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Restaurant feedback form promoted to you by email following your order (“Reviews”). The Reviews are an important part of our quality control process.
6.5. Compensation or refunds: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant’s own complaint procedures.
7.1. If you have any allergens or dietary requirements, please contact the restaurant and ask to speak to the Management. It is your responsibility to ensure that the restaurant is aware of any allergens or dietary requirements at the time of placing your order. We do not take responsibility of any thing which happens without our prior knowledge. There may be trace elements for allergens because of the way in which our kitchen operates. We therefore are unable to take responsibility for anything that happens in regards of this matter.