Terms & Conditions
By ORDERING Goods for delivery or collection by Fitzers Catering Nurish the Customer agrees to these terms and conditions.
When you place an order (Order) through either our online website or by phone or email, it needs to be accepted by us before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice”). The contract for the supply of any item (Item) you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all items ordered and for the related delivery charges if they apply, and for complying with these Terms. All orders placed on our online website are your sole responsibility and should be checked before the order is processed. After the order has been processed it cannot be reversed and payment is due in full. Orders placed by phone or email will be confirmed in writing and should be checked in full by you before agreeing to the event details and confirming the order.
When you place an Order, you will have the choice to select a delivery date and time for a Scheduled Delivery. You must be available to accept delivery, but our driver will wait for ten minutes if he cannot gain access. The driver will call the contact number provided on the online order sheet and will attempt to make contact and if no contact can be made, a single text message will be sent to the number provided on the online order sheet. If no response is received by the driver within 5 minutes, the driver will attempt to make the delivery to a safe location, possibly a neighbour. If the driver is unsuccessful in all these attempts and measures, the driver will leave without making the delivery.
We will attempt delivery at the address you provide to us when you place your Order. If you need to change the delivery location after you have placed your Order, we may be able to make the delivery to an alternate address provided the alternate address is submitted in advance of the driver leaving the dispatch centre. The address provided on the online order sheet is the full responsibility of the customer and if the address is incorrectly stated and the driver cannot make the delivery due to the address error, you the customer will assume full responsibility.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
- You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, the driver is unable to find a safe location to leave the Item.
- The driver refuses to deliver the Item to you in accordance with Age Restricted Products (as defined below).
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Order. If you believe that the goods you have been delivered do not comply with these conditions, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the goods. We will provide a refund or account credit in respect of the affected part of the goods, and in respect of delivery if the whole Order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may consider relevant factors including the details of the Order, what happened on delivery and information from the driver.
Age Restricted Products
Age Restricted Products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an Order for an Age Restricted Product, you confirm that you are at least 18 years old. Fitzers Catering’s Núrish delivery driver may ask you to provide proof that the receiver of the Age Restricted Product is aged 18 or over. The driver may refuse to deliver any Age Restricted Product to any person who does not provide valid photo ID proving that they are aged 18 or over. If delivery of any Age Restricted Product is refused, you will still be charged for the relevant Item and for delivery.
Food: Cancellation is required 72 hours before the booked event date & time provided on the online order form.
Beverages: Cancellation is required 48 hours before the booked event date & time provided on the online order form.
Equipment: Cancellation is required 48 hours before the booked event date & time provided on the online order form.
Staff: Cancellation is required 48 hours before the booked event date & time provided on the online order form.
Due to the nature of our business, we must charge our customers the full cost of any order that is not cancelled within the required time.
If you wish to cancel an Order in accordance with the timelines outlined above, you must contact email@example.com in writing and confirm your order number as set out on your order at the time of placement .
Prices, Payments and Offers
Prices are subject to VAT at applicable rates.
You will be notified of any applicable service fee (Service Fees) and taxes prior to purchase on the checkout page on our Application Form. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Order at the original price or cancelling the Order without charge and with a full refund of any money already paid.
The total price of your Item(s) will be set out on the checkout page on our order form, including the prices of all items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries must be made at the time of placing the online order.
Where requested you can make an application to be billed for the goods and services post event, but this will only be accepted after a credit application has been completed and the customer has received authorisation for post event billing.
Responsibility for Loss and Damage
We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.
Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our applications or for any consequential loss you might suffer as a consequence of our breach.
Upon collection of any hired equipment or other hired goods ordered through the online order process that are considered to be damaged goods, we will make every attempt to present this damage or breakage prior to leaving your premises to ensure that you are aware of these damages. You will be responsible for damage that are proven to be as a consequence of your actions (or inactions).
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the remainder of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed exclusively by the law of Ireland and you can bring legal proceedings in relation to our service in the Irish courts only. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.
The Company shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the services if such delay or failure is due to any cause beyond the Company’s reasonable control including (without limitation) regulations, bye-laws, prohibitions of any kind on the part of any governmental or local authority, strikes, or other industrial or trade disputes, acts of God, national or local disasters, flood, fire, accident, sabotage, insurrection, civil disturbance , war , acts of terrorism or the threat of war or terrorism or any event causing the whole or part of the venue to be closed to the public) global or national pandemic . In such circumstances the charges payable by the Customer may be subject to abatement by a fair and reasonable apportionment.
The Company does not accept liability for loss or damage to any object, equipment, furniture, stock, vehicle or other property of any sort located in your premises