TERMS AND CONDITIONS
Please read these Terms carefully and make sure that you understand them, before ordering any Products through our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
We operate the website www.waso.tokyo. We are Waso Limited, a company registered in England and Wales under company number 08908471 with our registered office at 2nd Floor, 45 Gerrard Street, London, W1D 5QQ.
2 Use of our site
2.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
2.2 Our site is intended for private use by individual consumers and also by business customers. If you are under 18 years old and you order Products from our site, you confirm that you are ordering with the permission of your parent or guardian, and that such parent or guardian will be responsible to us for ensuring that you comply with these Terms.
2.3 We only supply Products for private consumption by you. You agree not to resell or on-supply our Products including for any commercial purposes.
3 How we use your personal information
4 Registering with us
4.1 To register with our site, you must complete all of the required fields set out in the registration process. All the information you give us must be correct and complete. Only one account is permitted per registered user at any one time. Fake profiles are not permitted.
4.2 If you are registering on behalf of a business, you confirm that you are duly authorised to register with us and to place orders on behalf of the business.
4.3 When you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party and you may not authorise others to use your account. If you know or suspect that anyone other than you knows or has obtained your user identification code or password and/or has accessed your account, you must immediately notify us using the "Contact Us" section of the website and change your password.
4.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms. We also reserve the right to deactivate any accounts which have not been used for six months or more.
5 Placing an order with us
5.1 If you wish to place an order with us, you must log in to your account. Depending on the delivery location you have given us, we will let you know the ordering and delivery options available to you for Products. For instance:
5.1.1 for certain delivery locations, we will allow customers to places orders at any time of day for delivery at specified times;
5.1.2 for other delivery locations, customers must place an order before a certain time each day for delivery at specified times; and
5.1.3 we may be unable to deliver to some other delivery locations.
5.2 After you place an order, you will receive a confirmation from us acknowledging that we have received your order.
5.3 All orders are subject to availability. If we are unable to fulfil an order you have requested, for example because the Product requested is not available or because we cannot meet your requested delivery time or because of an error on our site, or because your account is suspended, we will inform you of this and offer you a refund.
5.4 Alternatively you may place an order with us by emailing our customer services on email@example.com. All other provisions of these Terms will continue to apply.
5.5 From time to time, our Products may be subject to promotional offers. Any such offers are subject to the terms made available in conjunction with the offer. We reserve the right to change the terms of, or withdraw, any promotional offers at any time, however we will honour any order placed by you before the promotional offer is withdrawn. Promotional offers cannot be used in conjunction with any other offer or promotions. No cash refunds or alternatives are offered.
6 Our right to vary these Terms
We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7 Cancelling an order
Once we have confirmed your order, you acknowledge that you have no right to cancel it.
8.1 We will aim to deliver your ordered Products as close as possible to your requested delivery time, however all such times are approximate.
8.2 Prior to delivery, our delivery representative will contact you on the telephone number you have given during the registration process, to confirm the specific time and location of delivery.
8.3 You are responsible for ensuring that you are available to speak to us in advance of delivery, and for ensuring that you pass on any specific delivery requests to our delivery representative. Unless we have agreed otherwise, we will only deliver to the main entrance of the delivery location given by you and you must meet us there to receive delivery.
8.4 We work to a tight delivery schedule and therefore our delivery representative will not be able to wait for you. If you do not meet us at the agreed delivery location and time, our delivery representative may have to proceed with other deliveries. In this case, if the delivery schedule permits, our delivery representative may be able to return at a later time to complete the delivery to you, but you acknowledge that this may not be possible in every case.
8.5 We reserve the right to suspend your account and to refuse to accept any further orders from you if you make repeated orders and you are not available to receive delivery of those ordered Products.
8.6 From time to time we may be prevented from delivering Products to you by an event outside our reasonable control, in which case the provisions of clause 10.3 apply.
8.7 Risk in the Products passes to you on delivery.
9 Price and payment
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we have made a mistake with the price, we will inform you and give you the option of continuing with your order for delivery of the Product at the correct price or cancelling your order.
9.2 Unless we have expressly agreed otherwise, you must make payment in full for all Products at the time you place an order with us. Payment will be made through our online payment processor partner using the payment card details you have given during the registration process, or by other means we may allow from time to time in our sole discretion. We may choose to process payment for the Products only after delivery to you is confirmed by our delivery representatives.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10 Our liability to you
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 We do not in any way exclude or limit our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.2.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.2.5 defective products under the Consumer Protection Act 1987.
10.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms (including a failure to deliver Products) that is caused by any act or event beyond our reasonable control, including without limitation access issues to your chosen delivery location.
10.4 We will inform you if the ingredients of our Products contain common allergens. However we cannot guarantee that any of our foods are free from cross-contamination of allergens. In particular we cannot guarantee that any of our foods are free from nuts or nut derivatives.
10.5 Subject to clauses 10.1 to 10.4, our total liability to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Products is limited to the sums paid by you in relation to the Products in question.
10.6 Nothing in these Terms affects your statutory rights as a consumer.
11 Other important terms
11.1 These Terms have effect between you and us. No other person shall have any rights to enforce any of its provisions.
11.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 These Terms will be governed by English law. You and we both agree that any dispute or claim arising out of or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of England and Wales.