Terms and Conditions
Anima is a trading name of L’Alba D’Oro Ltd, registered office is L’Alba D’Oro Ltd, 5-11 Henderson Row, Edinburgh, EH3 5DH. Registered in Scotland No. SC378445
Please read the terms and conditions carefully before ordering any products from our site. By accessing our site and placing an order you agree to be bound by these terms and conditions of use policy, resulting in a legally binding contract between you and Anima.
If you have any questions relating to these terms and conditions please contact email@example.com before you place an order. If you do not accept these terms and conditions please exit our site.
INFORMATION ABOUT ANIMA
www.anima-online.co.uk is a web site operated by Anima, based at 9-11 Henderson Row, Edinburgh, EH3 5DH. Anima is a trading name of L’Alba D’Oro Ltd, whose registered office is 5-11 Henderson Row, Edinburgh, EH3 5DH. L’Alba D’Oro Ltd is registered in Scotland under company number SC378445.
The purpose of our site is to inform our customers of our products, and to provide a convenient way to build, pay for and submit orders to our store. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Anima offers a delivery service to EH1-EH12 postcodes. Postcodes that fall outwith our 2 mile radius may not be accepted at time of ordering. Our website will verify your postcode at time of ordering online, or you can phone 0131 558 2918 for further information. You can also order online or over the phone to collect your order instore.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts, and that you are at least 18 years old. Alcohol can only be sold to persons of 18 years of age or over, and it is a criminal offence to purchase alcohol under this age. It also illegal to purchase alcohol on behalf of someone under this age. We reserve the right to request photographic identification instore or at point of delivery to prove the age of the purchaser.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or products on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Anima’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland, England and Wales.
After placing an order online, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted (the “Confirmation Screen”). The contract between you and Anima will only be formed when you have been presented with the Confirmation Screen.
You will also receive a confirmation email with an estimated delivery time. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order will be sent to this address. Please check your junk mail in case our confirmation email has not reached you. 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 is done by Anima, or depending on product, by L’Alba D’Oro. Please refer to our menu. All delivery orders are despatched by Anima.
We strive to offer quality products and service. If you have any questions, comments, complaints or compliments regarding our products or service, please contact us on 0131 558 2918, or at firstname.lastname@example.org. You can also write to us at Anima, 11 Henderson Row, Edinburgh, EH3 5DH.
All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item. We do not uses peanuts in our products made instore. However, some products or ingredients are produced in factories that handle nuts. We operate a busy work environment and there is the risk of cross contamination between toppings. If you have any allergies or concerns, we kindly ask that you do not order online, and telephone us directly to make an order. We take great care in the preparation of all of our products. However, we cannot guarantee that all bones from meat products have been removed and some may remain. Olives may contain stones.
AVAILABILITY AND DELIVERY
We strive to provide a high quality delivery service within the time quoted over the phone or in your confirmation email. Unfortunately, things can happen outwith our control, such as adverse weather conditions and traffic conditions that may occasionally prevent us from achieving this. We will do our best to fulfil your order in accordance with the delivery date and time requested and/or set out in the confirmation email or, if delivery is specified as For Now, then within a reasonable time from when the confirmation email was sent, and depending on the existing order queue at Anima. Delivery Orders For Now will normally be delivered within one hour from receiving the confirmation email, and/or on very busy evenings, up to 1.5 hours from confirmation. We will inform you if there is an expected delay.
CANCELLATIONS AND REFUNDS
You have the right to cancel an order at any time up until the order is prepared instore. You may also cancel the order if we contact you regarding an expected delay, and the estimated time of delivery is no longer suitable. Customers must cancel the order only by contacting us directly by telephone.
An order may be cancelled by Anima after you have received the Confirmation Screen and/or email. Anima 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 Anima will normally be reimbursed using the same method originally used by you to pay for the purchase.
Any order cancelled after Anima has started to prepare or completed the order, will be charged to the customer and no refund will be due to the customer. Anima has full discretion to determine whether an order should be charged or not.
We accept no responsibility for the condition of the product once it has been collected by a customer. If an order has been delivered by Anima, and you are not satisfied with the quality or quantity of a product, we will try to replace or refund the product, within reason. Any issue authorised for replacement or refund will be at the sole discretion of Anima.
PRICE AND PAYMENT
The price of any products will be as quoted on our site and may vary from time to time, except in cases of obvious error. Prices include VAT. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Screen. Despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of the order process. Anima reserves the right to amend your order if you have incorrectly ordered online e.g. ordering extra items via the comments box instead of the appropriate ordering buttons. If the order has been prepaid by card, payment for the outstanding balance will be requested on collection instore or when we deliver to you.
The delivery charge is £2.50. There is a minimum order value of £8 for our delivery service. If your order falls below this value, the total price will be made up to £8, plus delivery charge of £2.50.
Payment for all products can be made by credit or debit card at the point of ordering online, or in cash or card at the point of collection instore. We accept card payments via Maestro, Visa and MasterCard (and American Express instore). We will charge your credit or debit card at the point of ordering. A card handling fee of £0.50 is added to all card transactions under £8.
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.
To the extent permitted by law, Anima provides our site and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our site, or that it will be timely or error-free, that defects will be corrected, or that our site or server that makes it available are free of viruses or other harmful components.
Subject to the previous paragraph, neither Anima’s directors, employees, drivers or suppliers shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use our site.
Our liability for losses you suffer as a result of Anima breaking this contract, including deliberate breaches, is strictly limited to the purchase price of the product(s) you order.
This does not include or limit in any way our or our employees’ liability:
a) for death or personal injury caused by negligence;
b) under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We reserve the right to decline a new customer, terminate your right to link to our site, remove you as a user of our site, and/or prevent any further use if you breach any of your obligations under these terms and conditions. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.
If we terminate your right to link to our site you must cease linking to our site 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 our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS or provide you with information by posting notices on our website. 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
Anima 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 our reasonable control includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; or
f) the acts, decrees, legislation, regulations or restrictions of any government.
If an employee at Anima fails at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if Anima fails to exercise any of the rights or remedies to which we are 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 Anima of any default shall not constitute a waiver of any subsequent default.
No waiver by Anima 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
Anima has the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order product(s) from Anima, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before you are presented with the Confirmation Screen.
LAW AND JURISDICTION
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots 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 Scotland.
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