WEBSITE & APPLICATIONS TERMS AND CONDITIONS
Websites and Apps.
If you do not accept these terms and condition please exit the Websites and Apps.
The purpose of the Websites and Apps is to provide a simple and convenient service to our Davana Thai customer, linking them to their nearest Davana Thai branch. Our interactive menus allow customers to build and submit orders at the click of a button.
Davana Thai offers a delivery service throughout Trowbridge. Davana Thai is rapidly expanding and as we expand in to new territories and countries our delivery areas expand with us. Each Store has a prescribed delivery area. This is to ensure that the Products reach your door when they are at their best. If you live outside a prescribed delivery area, a message will appear on screen notifying you that ordering online will not be possible. This does not stop you buying the Products from your chosen Store, you will just have to phone your chosen Store, order directly from them and collect the order.
We do not accept orders from individuals to a country in which we do not have a Store. Store opening hours will vary depending on local trading conditions and the availability of late opening licenses for local Davana Thai branches. To find a store and view it’s opening hours, please click on the ‘Locations’ button for a list of branches.
By placing an order through the Websites and Apps, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
We may provide links on the Websites and Apps to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any products you purchase from third party sellers through the Websites and Apps, or from companies to whose website we have provided a link on the Websites and Apps, will be of satisfactory quality, and any such warranties are disclaimed by the Davana Thai group absolutely. This disclaimer does not affect your statutory rights against the other third party seller.
Apple Inc. is not a sponsor of, nor is it responsible for, any promotional offers within the Davana Thai iPhone applications.
After placing an online order via the Websites and Apps, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted by the appropriate Davana Branch (the “Confirmation Screen”).
The contract will be between you and the Davana branch and will only be formed when you have been presented with the Confirmation Screen.
You should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.
All food preparation and deliveries are the sole responsibility of the Davana Franchisee accepting the order.
We do monitor the Davana Franchisees very closely and it is of utmost importance to us that they comply with our brand standards and help us to maintain our high won reputation. If you do have any questions, comments, complaints or praise regarding the Products shown or ordered on the Website and Apps we would very much like to hear from you and you should direct all communication to both the Davana Franchisee at your local Store and to us using firstname.lastname@example.org
For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
Minimum delivery spend may apply.
All Products are subject to availability. In most cases, your local Davana Branch / Franchisee will offer an alternative for any out-of-stock item.
The Stores are busy working environments and there is a risk of cross-contamination between toppings. If you have an allergy we kindly ask that you do not order online. In this scenario, please telephone your chosen Store and inform your order-taker at the Store directly in full of your allergies.
Great care is taken in the preparation of all the Products, however, we cannot guarantee that all bones from meat products have been removed and some may remain.
AVAILABILITY AND DELIVERY
Our goal is to provide the best Thai Food delivery service in the world which includes maintaining our excellent reputation for on-time delivery (i.e. delivering your food at the time we quote). Unfortunately things do not always go to plan and factors, such as weather and traffic conditions, may occasionally prevent us from achieving this.
We will do our best to fulfill your order in accordance with the delivery date and time set out in the confirmation email or, if delivery is specified as ASAP, within a reasonable time from the time the confirmation email was sent taking into account the volume of orders and circumstances facing the Davana branch / Franchisee at the time.
We will inform you if we become aware of an unexpected delay.
You have the right to cancel an order by telephoning the relevant Store up until either:
- in the case of any advance order (which is/are order(s) placed more than 1 day before a requested delivery date), up to 1 day before the order is due to be delivered; or
- in the case of same day orders and deliveries, within a reasonable time (usually just a matter of minutes) and, in any event, before any food has been used to start preparing the order.
Where an order is cancelled after food has been used to start preparing the order, the Davana Branch / Franchisee may, at its sole discretion, classify this as a “Bad Order”. Bad Orders will be charged to the customer and no refund will be due to the customer.
An order may be subsequently cancelled by a Davana Branch / Franchisee, at its sole discretion, after you have been presented with the Confirmation Screen. Davana and the Davana Franchisee reserves 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 cancelled orders made in accordance with these cancellation provisions. Any payment made prior to an order being cancelled by Davana or a Davana Franchisee, in accordance with the above, will usually be reimbursed using the same method originally used by you to pay for your purchase.
PRICE AND PAYMENT
The price of any Products will be as quoted on our Websites and Apps and may vary from time to time, except in cases of obvious error. Prices include VAT. Prices will vary between Stores.
Prices are liable to change at any time, but changes will not affect orders placed where you have already checked-out and been presented with the Confirmation Screen (unless, due to a technical error, you have been overcharged for some reason). Despite our best efforts, some of the Products listed on our Websites and Apps may be incorrectly priced (either due to human or technical error). The Store will normally verify prices as part of the order process and the Store’s decision in relation to pricing is final and binding.
Payment for all Products can be by credit or debit card at the point of ordering or in cash at the point of collection. We accept payment via Maestro, Visa and MasterCard. If you are placing an order from the Republic of Ireland we also accept payment via Laser. We will charge your credit or debit card at the point of order.
Should you choose to pay by credit or debit card, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Davana and is subsequently passed on by Davana to the appropriate Davana Franchisee.
If we and/or the Davana Franchisee fail to comply with these terms and conditions we and/or the Davana Franchisee are responsible for loss or damage you suffer that is a foreseeable result of our and/or the Davana Franchisee’s breach of these terms and conditions or our and/or the Davana Franchisee’s negligence, up to the amount of the purchase price paid by you for the Products you ordered. However, we and/or the Davana Franchisee are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from the Websites and Apps.
We and the Davana Franchisees only supply the Products for domestic, private and business use. You agree not to use any Product for any 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 reserve the right to decline a new registration, terminate your right to link to the Websites and Apps under these terms and conditions. If we consider there to be a risk of liability or loss to us or the Davana Franchisees we may take any action deemed necessary to prevent such a liability or loss from occurring.
If we terminate your right to link to the Websites and Apps you must cease linking to the Websites and Apps immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Websites and Apps, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Websites and Apps. For contractual purposes, you agree to this 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.
EVENTS OUTSIDE OUR CONTROL
We and the Davana Franchisees 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 of the Davana Franchisees 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, 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.
If the Davana Thai fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if the Davana Thai fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the DavanaThai of any default shall not constitute a waiver of any subsequent default.
No waiver by the Davana Thai of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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 us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Davana has the right to revise and 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 Product(s) from a Davana Franchisee, 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.
Davana Thai owns all intellectual property rights and copyright in the Davana Thai Platform, website and Services (including with respect to functionality, content, text, graphics, logos and icons) and the software and other material underlying or forming part of the Platform, Services and/or website. You agree that you will not, in any manner or by any means, reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of the Platform, website or Services, or attempt to commercialise, copy or sell any information or matters derived from the Platform, website or Services.