TERMS AND CONDITIONS

Café Sol Online Delivery Service is the on-line store owned by Café Sol Ltd. and operated on-line through the Head Office. Access to Café Sol Online Delivery Service site is subject to registration and the following terms and conditions. These terms and conditions will come into effect when you register with us.

1. REGISTRATION

1.1 You are registering as a user of the Café Sol Delivery Service. Access is via your user name and password, which is personal to you [or your company]. You must therefore not allow your user name and password to be used by anyone else, and must not permit or assist anyone who is not a registered user to gain access to any part of Café Sol Online. You must also immediately notify Cafe Sol Production at 01 662-8037 if a third party obtains your user name and/or password and / or by emailing us at info@cafesol.ie. You can change your password at anytime through "Your Account" at the top of the page.

1.2 Our privacy policy can be viewed by clicking the Privacy tab on the home page.

2. MAKING A PURCHASE

2.1 To make a purchase, simply browse Café Sol Online and click on any items that you wish to add to your order. After you have finished your selection, please click on "finish order" and you will be asked for a few details.

2.2 There are daily cut-off times for receipt and delivery of orders. These are displayed at time of order placement. Cancellations or amendments to lunch orders must be made by 10.00 a.m. on the day of scheduled delivery. Cancellations or amendments to breakfast orders must be made by close of business (or 5.00 p.m.) the day before the scheduled delivery. We do not accept cancellations or amendments after the cut-off times listed above.

2.3 Any order you make for products through Café Sol Online is an offer by you to purchase such products (subject to these terms and conditions), and acceptance of any order is at Café Sol’s sole discretion. An order is deemed to have been accepted by Café Sol only when you receive email confirmation to this effect. Once we have accepted your order, there may be occasions where, for quality reasons or for other reasons beyond our control, it will not be possible to complete your order in full. In such cases, we will always contact you and ask you to amend your order.

3. PRICE AND PAYMENT

3.1 The price or prices for individual items will be set out by Café Sol.

3.2 Price and availability information is subject to change without notice. We accept payment on-line by Visa, MasterCard and Laser. Payment will be charged against your card at the time of order. Receipt of payment will be left with delivery. Café Sol no longer accepts cash or cheque on delivery for safety and security reasons.

3.3 Customers that have entered into a Credit Account agreement will receive a monthly statement showing all orders placed and any outstanding sums due to Café Sol.

3.4 Credit Account Customers will receive an itemised invoice with each delivery. These invoices are payable within 30 days from the date of receipt.

3.5 Café Sol Online reserves the right in its sole discretion to accept or refuse any credit account application and to terminate any such account at any time and need not give any reason for any such decision.

4. DELIVERY

4.1 All deliveries must be checked and signed for by an approved representative of the customer at the time of delivery. Signature will be deemed to constitute acceptance of delivery of a complete order. It is the responsibility of the person who has checked and signed for the delivery to ensure that the itemised invoice left in with the delivery is passed on to the correct facility.

4.2 If any part of an order is found to be missing (or is rejected) on delivery, the customer must inform Café Sol immediately by calling the Production Unit at 01 662-8037.

4.3 all nominated delivery points, whether for individual customers or credit account customers must be approved in advance by the Café Sol. A list of all areas that Café Sol deliver to are listed online.

4.4 Café Sol does not accept substitutions on any of its product range. Products are pre-made each day for the day and cannot be made to order.

There is a charge of €25 for lost or broken trays and €40 for lost or broken flasks. We promise to retrieve all trays and flasks within two days of delivery. If at the time of retrieval, trays or flasks are not available we will return only once more. If on the second attempt trays and flasks are still unavailable we will at that time issue an invoice for the cost of the lost or broken tray or flask. It is the responsibility of the customer to make available finished trays and flasks for retrieval.

5. TERMS OF SUPPLY

5.1 Café Sol food is supplied strictly for direct customer use. Under no circumstances is our food to be re-sold to a third party or offered at subsidised or inflated rates to a third party. This restriction also applies to in-house catering arrangements where Contract Caterers are ordering on behalf of clients.

5.2 Café Sol recommends that Customers comply with any instructions and recommendations of Café Sol in relation to the storage and use of the products (for example and without limitation, use by dates).

6. LIABILITY

6.1 Café Sol Limited shall have no liability whatsoever in contract or in tort or otherwise in respect of any loss or damage howsoever occasioned to any Customer or person by any product or service sold or delivered, either directly or indirectly, by any Café Sol location to any such customer or person.

6.2 No Café Sol Location shall be liable for any loss, damage or injury, whether direct or indirect, actual, economic or consequential, arising from the sale or delivery of a Café Sol product or service to any customer or person. Where a Café Sol is responsible for any loss, damage or injury to any customer it may at its absolute discretion deliver replacement products ( at its own expense ) to that customer or refund any sums paid by that customer for it.

6.3 Neither Café Sol Limited nor any individual Café Sol location shall be liable for any loss, injury or damage caused to any customer or person whosoever by any use or malfunction of any of the Café Sol electronic communications networks or services.

6.4 Nothing in these terms will limit or exclude the liability of any Individual Café Sol Outlet for death or personal injury caused by negligence on its part and nothing in these terms will affect your statutory rights.

6.5 Nothing in these terms and conditions shall exclude your statutory or legal rights under Irish and EU law as a consumer of products or services.

7. TERMINATION

7.1 You can withdraw your registration by emailing the helpdesk at info@cafesol.ie or by calling the Production Unit directly at 01 662-8037.

7.2 We reserve the right to terminate your access to the Café Sol Delivery Service immediately without notifying you in advance should you not operate your account in line with these terms and conditions.

8. USE OF MATERIAL APPEARING ON CAF� SOL ONLINE

All rights in the site design, computer codes, text, graphics and other content, interfaces, and the selection and arrangements thereof (the "Materials") belong to Café Sol Limited or its licensors. You may print or download portions of this site and make copies of these for your own personal use only. Any other use (including without limitation any further reproduction, storage or transmission to anyone) of any Materials without our prior written permission is strictly prohibited.

9. CONTACTING US

If you need to contact our Head Office, please email us at info@cafesol.ie. Alternatively, you can write to us at Café Sol Ltd, 46 Lower Baggot Street, Dublin 2.

10. VARIATION

10.1 Café Sol Limited and each Individual Café Sol Outlet reserves the right to amend the terms of this Agreement from time to time. Your continued use of any part of the Café Sol Delivery Site after any such amendment will constitute your acceptance of the amendment or amendments concerned. You should therefore regularly visit these terms and conditions to ensure that you keep up to date with your rights and obligations under this Agreement. If any such amendments are considered in the reasonable opinion of Café Sol Limited or iIndividual Café Sol Outlets to be material, notice of the amendments will be emailed to all registered users of Café Sol Online at their e-mail address.

10.2 If you do not wish to accept an amendment you should immediately withdraw your registration by contacting the Production Unit directly at 01 662-8037 or by emailing the help desk at info@cafesol.ie.

11. ACCESS/FORCE MAJEURE

11.1 Although we will aim to provide uninterrupted access to the Café Sol Delivery Site, we cannot guarantee this. We accept no responsibility or liability for any interruption or delay which may occur to anyone visiting or wishing to visit the Café Sol Delivery Site.

11.2 In the event we cannot fulfill obligations to you under this agreement due to any event beyond our reasonable control, we will notify you and we will be relieved of our obligations to you under these terms and conditions to the extent such performance is hindered by such an event.

12. JURISDICTION

This Agreement is governed by Irish law and both we and you agree to submit to the exclusive jurisdiction of the Irish courts.

13. ALLERGY WARNING

Café Sol products may contain traces of nuts and all food is prepared in a kitchen where nuts and nut oils are used.