Shepherd Neame Ltd (“we”, "us", "our") is the owner and operator of certain Shepherd Neame pubs and makes this site available to you as part of its operation of those pubs. We are registered in England (Company No 138256) and our registered office is 17 Court Street, Faversham, Kent ME13 7AX.
These terms and conditions apply to all sales made to you via the Shepherd Neame Order and Pay platform (the "Platform"). The Platform is designed to allow you to place and pay for orders of food and beverages ("Products") at participating Shepherd Neame pubs via your smartphone or other compatible mobile device.
By placing an order, you are deemed to have accepted these terms and conditions. Please read and familiarise yourself with them.
1. CUSTOMERS
Please note that admission to, and service at, all of our pubs is subject to applicable licensing laws.
In order to place an order via the Platform, you must:
- be at least 18 years old and able to produce appropriate identification to confirm this (such as a valid driver's licence or passport) ("Identification"). Please note that where your order comprises alcoholic beverages or items which are otherwise age restricted, both you and the intended consumer must be able to produce Identification; and
- have a suitable payment mechanism which may be used to pay for the order, such as a credit or debit card, Google Pay, ApplePay or PayPal account. By placing an order on the Platform, you are confirming that the payment card or account being used for the transaction is yours and you shall be liable to meet the cost of all orders placed using such payment card or account.
2. OUR CONTRACT WITH YOU
When you place an order, you will be required to provide your table number, full name, email address, telephone number, payment information and billing address. Please take care to ensure that the details you provide are correct.
After placing an order via the Platform, you will be automatically transferred to the "order completion" page of the Platform. Please note that transfer to the order completion page does not mean that your order has been accepted, as all orders are subject to final acceptance by us.
Once your order has been accepted, you will receive an email confirming this, setting out details of the Products which you have ordered (the "Confirmation Email"). Once you receive the Confirmation Email, your order may only be cancelled or amended at the discretion of a member of pub staff.
3. REPRESENTATION AND AVAILABILITY OF PRODUCTS
We reserve the right to alter, without notice, the range and price of Products. We may also withdraw any Product from sale on the Platform without notice.
Although we seek to ensure that Product availability is kept up to date on the Platform, we cannot guarantee the availability of any Product. If you are unsure as to the availability of a Product, please speak to a member of pub staff.
4. PRICES AND PAYMENT
The prices displayed on the Platform are valid at the time of order and are inclusive of VAT (where applicable) at the current rate. We reserve the right to amend prices without notice from time to time.
Full payment must be made prior to the service of your order, by a credit or debit card, Google Pay, ApplePay or PayPal account. All payments are subject to validation checks and authorisation by the card issuer and/or payment provider (such as PayPal). In the event of the non-authorisation of payment, you will receive an on screen notification and your order will not be processed. If the issuer of your payment card or payment provider refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay in or failure to fulfil your order.
All payments made via the Platform will be processed by a third party processor, and the processing of such payments will be subject to the terms, conditions and privacy policy of that third party processor. Our current payment processor is Braintree, a division of PayPal (Europe) S.a.r.l et Cie, SCA ("Braintree"). Braintree will use your personal contact and card details for the purpose of administering your payment, verifying the transaction and, where relevant, processing any refund which becomes due to you.
At the present time, we are unable to apply vouchers, gift cards or discount codes to orders placed via the Platform. For the avoidance of doubt, this includes vouchers in respect of our Birthday Club, as well as discounts which may be available to our Privilege Card holders. Although this functionality may become available at a later date, should you wish to apply a voucher, gift card or discount code to your order, please speak to a member of pub staff.
5. ALLERGIES AND ALLERGEN INFORMATION
If you have an allergy, please speak to a member of pub staff who will take your order directly.
Details of the allergen information relevant to the Products may be found by clicking on the "Dietary Requirements" link at the top of each of the "Food" and "Drinks" pages of the Platform. However, if you have any doubts or concerns about the contents of any of our Products, please speak to a member of pub staff who would be happy to assist you further.
6. ISSUES WITH YOUR ORDER
In the event that you incorrectly order a Product via the Platform, or you are dissatisfied with your order for any other reason, please speak to a member of pub staff as soon as possible after placing, or otherwise receiving, your order.
As referred to in Section 3 of these Terms, although we seek to ensure that Product availability is kept up to date on the Platform, there may be circumstances in which you place an order for a Product which has become unavailable. Should this happen, a member of pub staff will notify you and provide you with (i) a suitable substitute Product of your choosing, along with a refund in respect of any difference in value between the Product originally ordered and any substitute Product you choose to accept (should the substitute be of a lower value); or (ii) a refund in respect of the full value of the Product, should a suitable substitute be unavailable.
As set out in Section 1 of these Terms, where your order comprises alcoholic beverages or items which are otherwise age restricted, both you and the intended consumer must be able to produce Identification. A failure to do so will result in you not receiving the relevant items; in such circumstances, we reserve the right not to issue you with a refund in respect of the relevant items.
Should you be entitled to a refund in respect of the whole or a part of your order, this shall be issued to the payment mechanism used to place the order. We endeavour to process all refunds within 24 hours; however, we cannot guarantee that the funds will become available to you within that period. For example, refunds given in respect of payments made via PayPal customarily take up to fifteen days to be issued by PayPal.
7. AVAILABILITY OF THE PLATFORM
Although we aim to offer you the best possible service, we make no promise that the Platform will meet your requirements, be fault or error free or otherwise be available for your use 24 hours a day. Access to the Platform may be restricted from time to time, including in order to enable us to carry out maintenance or repairs to the Platform. Such restrictions may be imposed at any time and without notice, however we will always try to restore your access as soon as we reasonably can.
In the event that you are unable to access the Platform for any reason, please speak to a member of pub staff who will assist you in placing your order.
8. LIMITATION OF LIABILITY
Nothing in these terms shall limit any rights you may have as a consumer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
To the fullest extent permitted by law, we shall not be liable to you for any claims, losses, demands or damages of any kind whatsoever ("Losses") with respect to your use of or inability to use the Platform, including (without limitation) any direct, indirect, incidental or consequential losses or damages or any financial loss, loss of income, data or other information. Furthermore, we shall not be liable to you for any transaction made via the Platform using your payment card or account without your consent or knowledge.
9. SECURITY POLICY
We take your online security very seriously, however, please note that the transmission of information via the internet is not completely secure. As such, although we will take steps to protect the information you provide to us, we cannot guarantee the security of any information transmitted via the Platform and any transmission is therefore at your own risk.
10. PRIVACY POLICY
We treat all of your personal information which we receive or otherwise obtain via the Platform as confidential. For further details of how we handle such information, please refer to our Privacy Policy, a copy of which is available here.
11. GENERAL
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Platform, or the use by any other person accessing the Platform using your personal information.
Intellectual Property
We are the owner or licensee of all intellectual property rights in the Platform, and the material published on it. No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any brand names, products names, designs or other material shown on or used in relation to the Platform.
Changes to these Terms and Conditions
We reserve the right to change these terms and conditions from time to time, and your continued use of the Platform (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to these terms and conditions then you must immediately stop using the Platform.
Governing Law
These terms and conditions shall be governed by and construed in accordance with English Law and all parties shall submit to the exclusive jurisdiction of the English Courts.
12. QUESTIONS AND COMMENTS
If you have any queries or comments regarding the Platform, or otherwise experience any difficulties when using it, please speak to the pub manager.