Our Terms
Effective Date: December 1, 2020.
Please note that this page states the Terms and Conditions under which you may use this website. Please read these terms and conditions carefully and make sure you understand and accept these terms and conditions before ordering any products from our website. You understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should visit this page periodically to review the Terms and Conditions because they are binding to you. Continued use of the website constitutes your agreement to all such revised Terms and Conditions. Your use of the Website is also governed by the Privacy Policy applicable to the website
1. USE OF WEBSITE
1.1 Except where expressly stated otherwise, all information contained on the website is owned by or licensed to Esculent Eats . The information and content contained on the website, such as text, graphics, software, images and other such materials, are protected by Intellectual Property Rights.
1.2 The website may contain inaccuracies or typographical errors. Esculent Eats makes no representations about the accuracy, reliability, completeness or timeliness of the contents on the website.
1.3 Esculent Eats does not warrant that the website will be continuously available to you at any time, operate error-free or that the website and its server are free of computer viruses and other harmful goods.
1.4 The website and its contents are provided on an “as is” basis without any warranties of any kind. Esculent Eats , to the fullest extent permitted by law, disclaim all warranties.
2. LINKS TO OTHER SITES
2.1 The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Esculent Eats of the contents on such third-party websites.
2.2 Esculent Eats is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
3. REGISTRATION, PASSWORDS AND SECURITY
3.1 If you register for any part of the website, you must ensure that the details provided by you on registration or at any time are correct and complete. Please also inform us immediately of any changes to the information that you have provided so that we can communicate with you effectively.
3.2 If you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting info@esculenteats.com.
3.3 If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
4. PRODUCT AND ORDERING INFORMATION
4.1 Ordering procedure:
- Step 1: Select a product from our website, choose the right size and quantity then proceed to checkout. (For customized orders, please endeavor to double check that you correctly selected your meal of preference before proceeding to checkout.)
- Step 2: Pay using a valid debit/credit card, apple/google pay or PayPal. All orders are placed on a certified secure server for your security.
- Step 3: Upon successful payment, an order confirmation message would be automatically sent to your email.
- Step 4: Once your order ships, an updated tracking information would be forwarded to your email.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each level of the order process.
4.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Step 3 above). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by either sending you another e-mail requesting for your measurement details should you have chosen to purchase a custom-made item or an email that confirms that your item(s) have been dispatched.
5. YOUR CONSUMER RIGHTS
5.1 As a consumer, you have legal rights in relation to items that are faulty. Nothing in these Terms will affect these legal rights.
6. AVAILABILITY AND DELIVERY
6.1 All products on our site are price and availability subject to change. If we are unable to supply you with any of the items, or if there is likely to be a delay in supplying you with any of the items, for example, because an item is not in stock or because of an error in the price on our site or your order, we will inform you of this by email and we will not process your order. If we are unable to supply any of the items and you have already paid for such items, we will refund you the full amount as soon as possible.
6.2 We aim to fulfill your order by the estimated delivery date set out in the Delivery information section of this website or, if no delivery date is specified, then we will aim to deliver your order with a reasonable time from the date of receiving your order, unless there are exceptional circumstances or other events outside our control. If we are unable to meet the estimated delivery date for any reason, we will aim to contact you with a revised estimated delivery date.
6.3 From the date of notification that your order has been dispatched, you own the responsibility to track and keep up to date with the status of your order using the tracking information we will provide. You own the item once we have received full payment of all sums due in respect of the items including all applicable delivery charges and delivery will be completed when your order is delivered to the address provided by you.
6.4 To our guests with food sensitivities or allergies, Esculent Eats cannot ensure that all products would not contain ingredients that may cause an allergic reaction. Please consider this while ordering. Due to the variations of all ingredients, all products are completely cooked to order. Some products contain meat, nuts, dairy and shellfish and consuming raw or undercooked meals may increase your risk of/and subject you to foodborne illness.
7. PRICE AND PAYMENT
7.1 The price of any item will be as quoted by us or on our website from time to time, except in cases of obvious error. Where applicable, these prices include tax at the applicable current applicable rate and standard delivery costs. Prices for items listed on our website may be liable to change at any time without prior notice, but such changes will not affect any order which we have confirmed with a Dispatch Confirmation. If the tax rate changes between the date of your order and the date of delivery, we will adjust the tax you pay, unless you have already paid for the item(s) in full before the change in tax takes effect.
7.2 Our site contains a number of items and it is always possible that despite our best efforts, some of the items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where an item’s correct price is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you to inform you of this error and give you the option of continuing to purchase the item at the correct price or cancelling your order, or reject your order and notify you of such rejection.
7.3 We are under no obligation to provide an item to you at the incorrect (lower) price, even after we have sent you a dispatch notification; if the pricing error is obvious and unmistakable could have reasonably been recognized by you as a mispricing.
7.4 Payment for all items must be made using either a debit or credit card.
8. ORDER CANCELLATION AND REFUNDS POLICY
8.1 Esculent Eats will be happy to replace any product(s) in the very unlikely event that they might be damaged or spoiled within its shelf life. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your package arrives.
8.2 Esculent Eats is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for the inability of a recipient to receive/retrieve the package on the day that it is delivered.
8.3 We wish we could assure proper handling and prompt receipt of packages once they have been delivered to the correct mailing address by third party carrier (USPS), but this, of course, is out of our control. Products that are delivered late by USPS is not Esculent Eats responsibility.
8.4 Holidays or weather may delay delivery. Esculent Eats products are perishable and any shipping delays caused by a third party carrier, we are unable to accept returns or offer refunds. However, our shipping team will look into each case to see how we can ensure you are taken care of properly.
9. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure, or delay in performance of any of our obligations to provide items that is caused by events outside our reasonable control, such as courier service delays on items delivery or any damages to items caused by these services.
10. OUR RIGHT TO VARY THE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. Any such changes will be published on our website. Before placing an order, please check these terms and conditions to ensure you understand the terms which will apply to your order. Additionally, Esculent Eats at any time, have the right to terminate these Terms and Conditions (and your use of the Website) immediately and without notice to you.
11. MISCELLANEOUS
Access to the materials on our website may not be legal by certain persons or in certain countries. If you access the website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These terms and conditions constitute the entire agreement between you and us. Any clause in these terms and conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these terms and conditions shall not be affected by that deletion. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any provision of these terms and condition