TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which we supply products to you, whether in store or by phone, via our website and via our any mobile, tablet or other applications (our “Site“).
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact Happy Bird using our Get in Touch form before you place an order.
INFORMATION ABOUT US
Our Site is operated by Benbea Holdings Limited, trading as Happy Bird (“we“, “our” or “us“). We are registered in England and Wales under company number 10619779 at 20-22 Wenlock Road, London N1 7GU. Our VAT number is 278805460.
Happy Bird is an independent business, it is not a franchise.
The legal contract in relation to your order is between you and us. Your order is subject to these terms and conditions.
Subject to minimum delivery spends, we offer a delivery service to certain prescribed areas only to ensure that our products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have our products delivered to your door although you may collect any products you order from the Store.
For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
If you place an order via our Site, you will be presented with confirmation on your screen that your order has been received and accepted by our Store. Your contract with us is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order. Please also ensure that, where you have placed an order for collection, you have ordered from the correct Store.
If you place an order in a Store, your contract will be formed when you receive your receipt of purchase.
In the unlikely scenario that you place an order on our Site for collection from a Store that is unable to fulfil your order, for example, if the store is closed, your order will be redirected to an alternative open local store. You should check your order confirmation email carefully before travelling to collect your order. Please contact us straight away if your order has been redirected to an alternative store and you wish to cancel your order.
All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item.
We do not use nuts in our products, however, some ingredients may be produced in factories that handle nuts and some ice creams contain nuts. For full ingredient lists, nutritional and allergen information see our Food and Allergen Information.
Stores are busy working environments and there is a risk of cross-contamination could occur. If you have an allergy we kindly ask that you do not order online. Instead, please telephone the Store and inform your order-taker at the Store directly in full of your allergies.
We do have a number of options available for vegetarians on our menus, however please note that we do not have a dedicated preparation or cooking area in our Store for vegetarian food. If you are a vegetarian please inform your order-taker who will do their best to ensure that any risk of cross-contamination with your order is minimised.
Great care is taken in the preparation of all our products, however, we cannot guarantee that all bones from meat products have been removed and some may remain.
Our food is handmade to order using fresh ingredients. The images of our products contained on our menus and Site are for illustrative purposes only. Although we try our hardest to be consistent, at times, the size of the chicken cuts will vary due to their Free Range nature and products you order may vary slightly from those images.
AVAILABILITY AND DELIVERY
We are striving to build excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors such as the weather and traffic conditions may occasionally prevent us from achieving this.
We promise to do its best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.
If your order is for delivery and you have requested delivery ‘asap’, we will do its best to fulfil your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances we face at the time.
You have the right to cancel an order by telephoning the Store up until either:
- in the case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or
- in the case of same day orders and deliveries, within a reasonable time prior to any food being used to start preparing your order.
If you wish to cancel an order after food has been used to start preparing it, you may, at our sole discretion, be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that we need to cancel your order after it has been accepted, we will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for any orders we cancel. Any payment made prior to an order being cancelled by us will typically be reimbursed using the same method originally used by you to pay for your purchase.
PRICE AND PAYMENT
Prices are as quoted on our menus, Site and in store and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT. Prices are se.
Payments, for orders placed via the Site or in store, are made directly to us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
However, 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 a breach or if it would reasonably be contemplated by you and us at the time of your purchase.
We only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any liability which cannot legally be limited or excluded.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you wish to contact us at any time, you should contact us using our Get In Touch facility or pop into the Store.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; or
- non-performance by suppliers or subcontractors.
Each of the paragraphs of these terms and conditions 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.
We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our Franchisees, whether oral or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
THIRD PARTY RIGHTS
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.