THE WEBSITE AND APP
The Website and App Services are for customers to view, discuss, and place orders for food, groceries, services and beverages, and pick-up and/or delivery services in connection therewith, with participating “Service Providers”. We provide order placement services only. We are the merchant of groceries, services or beverages, or provider of any pickup or delivery services in connection therewith and control the “Service Providers” or the production of any food, groceries, services or beverages, or any pick-up or delivery services therewith. We verify the credentials of the ingredients or the quality of any their products or services, or any Service Provider’s compliance with applicable laws. We connect legal-age drinkers with local liquor businesses who executes orders and deliveries. Think of us as your local online grocery store.
Customers using the Services must make themselves comfortable through the information provided by the “Service Providers” on the Website, by contacting the “Service Providers” directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the “Service Providers” and the Service Providers’ compliance with applicable laws. We, do not in any way guarantee the quality of any “Service Providers” or any food, groceries, services or beverages, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, “Service Providers” may represent certain standards especially Grocery with respect to their services, such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free” or “Halal”; We do not investigate or verify any such representations. We shall not be liable or responsible for any food, groceries, services or beverages, or any other services, offered by the “Service Providers” or any errors or misrepresentations made by them. We do not give any undertaking that the Products ordered from any “Service Providers” through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
Please note the legal contract for the supply and purchase of Products is between you and the “Service Provider” that you place your Order with. We have no control over the actions or omissions of any “Service Provider”. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
TERMS OF SALE
The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and service provider will only be formed on the dispatch to you of the product(s) ordered unless service provider have notified you that they do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations” section. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by service provider nor at the point when you receive an email from service provider acknowledging receipt of your order. A legally binding contract with you will only arise once service provider have completed delivery of the goods to you or you have completed collection of the goods from service provider. At this time you become the owner of the goods. This means that you will have no legal liability in connection with your order until delivery or collection (as applicable) is completed.
Non-acceptance of an order may be a result of one of the following:
The product(s) you ordered being unavailable from stock
Service provider’s inability to obtain authorization for your payment
Service provider’s inability to verify that you are aged over 18 (Alcohol sale)
The identification of a pricing or product description error
The repeated or fraudulent use of vouchers.
PASSWORD AND SECURITY
When you register to use the Day-Today website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password.
It might be possible due to external reasons that some prices may not be corrected. Neither the “Service Provider” nor day-today.co.uk where the order is placed from can be held liable to pay any difference in price. If you see pricing errors, please notify the store you placed your order with as soon as possible and we will make arrangements to change the listing.
The price of the item(s) you order will be the price on the site at the time you place your order or amend your order, inclusive of any value added or other tax. In addition to the price, a delivery or a collection charge as shown at checkout will also be payable by you. There is also a minimum order value; this is displayed on the site.
When you place an order through the Day-Today website or app, you will be given a choice of payment options, which may include via credit card, debit card, and direct payment to the applicable “Service Provider”. If you pay for your purchase via credit card or debit card, we will ask for a valid credit card or debit card account, as applicable, which will be billed through Day-Today, for the purchase price of the applicable order, and Day-Today will be the name that appears on the credit card or debit card statement, as applicable.
Online payments made directly to the website are transferred to the applicable store you placed your order from by day-today.co.uk, a payment can only be refunded if a “Store” has not (fully) delivered what was promised.
If you have any problems with your order, we ask that you contact the “Service Provider” directly, by calling the telephone number as provided in the ‘order acceptance’ or ‘order confirmation ‘email but, if you have not been able to resolve your issue with the “Service Provider” to your satisfaction, please contact us by calling the telephone number shown on the Website or on the order confirmation email sent to you and we will try to assist you. In appropriate cases, if you have already been billed by us, we may issue full or partial refunds.
If you pay by credit or debit card, you may be required to show the card to the “Service Provider” at the time of delivery as proof of identification and so that they can check that the card conforms to the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.
We only accept payment for orders in pound sterling, and payment can be made by American Express, JCB, Maestro, MasterCard, Visa and Visa Debit, for all orders. Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email.
By selecting cash as a method of payment, you agree to provide the Merchant payment in the form of Pounds Sterling (£) upon receipt of your order.
Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the “Service Provider” or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant “Service Provider” will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant “Service Provider”.
You have the right to cancel an order as soon as possible but not more than 5 minutes from placing the order on our website or mobile. day-today.co.uk and / or the store also reserve the right to cancel any order for any reason, before or after acceptance, and will notify you immediately of any such cancellation.
In the event that such a conflict should arise concerning online payments you can make a complaint with the store you placed the order with. You can submit your complaint by calling the telephone number shown on the Website or on the order confirmation email sent to you.
In relation to any product returns, the store is responsible for the service (s) delivered as listed on our website. It is best to handle any problems directly through the store. However, if you are not fully satisfied with the outcome you can escalate your complaint via email at the following address – firstname.lastname@example.org. Each complaint will be processed as quickly as possible by a member of our team.
PROCESSING YOUR ORDER AND “SERVICE PROVIDER” REJECTIONS
On receipt of your Order, we will begin processing it by sending it to the relevant “Service Provider” and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the “Service Provider”. We encourage all our “Service Providers” to accept all Orders and to communicate any rejection promptly, and they will notify you (generally by email) as soon as reasonably practicable if a “Service Provider” rejects your Order. However, “Service Providers” have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
If you are dissatisfied with the quality of any Products or the service provided by a “Service Provider” and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the “Store” directly to lodge your complaint and, where appropriate, follow the Service Provider's own complaint procedures. If you are unable to contact the “Service Provider”, or the “Service Provider” refuses to deal with your complaint, you can contact us on email@example.com as described above within 24 hours of receiving your Order and one of our Customer Care Advisers will attempt to contact the “Service Provider” in order to request compensation on your behalf. Please note that we have no control over “Service Providers” and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any “Service Provider”.
DELIVERY OF YOUR ORDER
Service Provider always aim to deliver your order within the delivery slot Service Provider have agreed with you, but Service Provider cannot accept liability if he deliver the goods outside of this slot or don't deliver all or any of the goods in your order.
Ownership of, and risk in, the goods will pass to you once Service Provider have delivered your order. If the delivery address stated on your order is not the address where you live, Service Provider will not be liable for any damage or detriment to the goods caused by their onward delivery to you.
Service Provider can only deliver to an address stored in your address book in the account section of our site. Service Provider can only make a delivery to an address within our delivery area. If there is no one at the delivery address who is 18 years of age or over, they'll leave notification of their visit and will return the goods to their store. They'll then contact you to arrange re-delivery at a convenient time. You may have to pay another delivery charge for this. Customers who look under 18 years of age, will be asked by the driver to provide proof of age to show that they are 18 or over. Orders can only be delivered to persons over 18 years of age to ensure that Service Provider comply with laws regarding the sale of age-restricted goods, e.g. alcohol.
Service Provider commitment is to deliver your order to the front door of your delivery address (which we treat as being the communal entrance to the building if you live in a block of flats or are receiving the delivery at work).
Due to licensing restrictions Service Provider can only deliver alcohol during the licensing hours that are within their delivery times. These will vary by store but are currently 10am - 10pm Monday to Sunday.
Estimated times for deliveries and collections are provided by the “Service Provider” and are only estimates. Neither we nor the “Service Provider” guarantee that Orders will be delivered or will be available for collection within the estimated times.
Collecting Your Order
Service Provider always aim for you to be able to collect your order within the collection slot they have agreed with you, but Service Provider cannot accept liability if they provide the goods for collection outside of this slot or do not provide all or any of the goods in your collection order.
Ownership of, and risk in, the goods will pass to you once you have collected your order. Service Provider can only allow collection of orders from the address stated in your order. For security reasons, Service Provider collection colleague will ask you a security question at the point of collection of your order.
If there is no one to collect your order at the collection point who is 18 years of age or over (where there are age restricted products in the order), Service Provider will notify you and return the goods to their store. They'll then contact you to re-arrange collection at a convenient time. Due to licensing restrictions Service Provider can only provide alcohol for collection during the licensing hours that are within their collection times. These will vary by store but are currently 10am - 10pm Monday to Sunday.
Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. Proof of age may be asked for on delivery of your order.
We connect legal-age drinkers with local liquor businesses who executes order and deliveries.
WHAT WE AND SERVICE PROVIDER ARE NOT LIABLE FOR:
Whilst the Service Provider takes every care to deliver your order or provide your order for collection (as applicable), they cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance you had in having the goods delivered to you or having the goods available for collection from them, arising out of their supply or failure to supply the goods to you.
Nothing in this agreement shall in any way limit Service Provider’s liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.
The goods are sold to you on the basis that you are a consumer therefore we and the Service Provider will not be liable for any special losses that you might suffer using, re-distributing or reselling the goods as part of a business.
Service Provider shall not be liable for goods once they have been delivered to the delivery address, or collected from them at the collection address, stated in your order and if you ask a third party to move, transport or deliver the goods to any other address following their delivery or your collection, Service Provider shall not be liable for anything that third party might do to the goods.
USE OF SITE
Use of Sites’ services requires that you register and/or create an account ("Account"). To register and create an Account, you must select an account username and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Sites.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
AVAILABILITY OF THE SITE
Although day-today.co.uk aims to offer you the best service possible, day-today.co.uk makes no promise that the services at the day-today.co.uk site will meet your requirements. day-today.co.uk cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to the Customer Services (see below for contact details) or by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can. Your access to the day-today.co.uk site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. day-today.co.uk will attempt to restore the service as soon as it reasonably can.
Advertising and Sponsorship
Part of the day-today.co.uk site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the day-today.co.uk site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
Day-today.co.uk makes no promise that materials on the day-today.co.uk site are appropriate or available for use in locations outside the United Kingdom, and accessing the day-today.co.uk site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
The services provided by the site do not include the provision of computer or other necessary equipment to access the Site. To use the site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
PROCESSING OF PERSONAL DATA
Day-today does not sell, give or publish customers’ data to outsiders for commercial purposes. We only disclose your address and the telephone number to the “Service Provider” from which you placed the order, to make your delivery possible.
USE OF YOUR CONTENT
You grant day-today.co.uk an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Sites and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant day-today.co.uk a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a member of vagoecommerce.co.uk, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you
Day-today.co.uk and its officers, directors, employees, parents, subsidiaries, affiliates, business partners, agents and representatives will not be responsible for, and you hereby expressly release us from any and all liability for, the action of any and all third parties with respect to User Content
NO UNLAWFUL USE
By accessing and/or using the Sites, you agree that you will not use the Sites for any unlawful purpose or engage in any other use prohibited by this Agreement. You further agree that you will not use the Sites in any manner that could damage, disable, overburden and/or impair any Day-Today network(s) connected to any server, and/or interfere with any other party’s use and enjoyment of the Sites
VIOLATIONS OF THE AGREEMENT
Day-Today reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to the Sites.
You agree to indemnify and hold Day-Today , its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site
This Web site, in its entirety, is the sole property of Day-Today and Parent Company or its content suppliers and protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Day-Today . All software used on this site is the property of Vago E-Commerce Ltd or its affiliates. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Day-Today . The consequences of commercial use or re-publication of content or information from our Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
THIRD PARTY LINKS
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Day-Today does not review, monitor, operate and/or control the Third-Party Websites and Day-Today makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third Party Websites, Day-Today is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. You access and/or use the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, entirely at your own risk. Day-Today reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement it will be effective as soon as we post it, and the most current version of this Agreement will always be posted. You agree that you will review this Agreement periodically and you agree to be bound by the revised Agreement. You agree that if you do not agree to the new terms of the Agreement, you will stop using the Sites.
Day-Today is incorporated in Scotland and shall be governed by and construed in accordance with the laws of Scotland and any disputes will be decided only by the Scottish courts as such, will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DAY-TODAY , THE PARENT COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. DAY-TODAY RESERVES THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY.
DAY-TODAY.CO.UK, DAY-TODAY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, CONDUCT OF ANY THIRD-PARTY USERS, DAY-TODAY USERS, ADVERTISERS, AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE, OR OTHERWISE RELATED TO YOUR USE OF THE SITE. DAY-TODAY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD-PARTY ADVERTISERS OR SERVICE AND/OR PRODUCT PROVIDERS REFERENCED ON OR INCLUDED IN THE SITE TO DAY-TODAY AT email@example.com DAY-TODAY MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, AT ITS SOLE DISCRETION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DAY-TODAY.CO.UK ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES.
DAY-TODAY.CO.UK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. DAY-TODAY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY.
The day-today.co.uk online ordering portal is owned and operated by Vago E-Commerce Limited, a company registered in Scotland whose registered office is:
Accountancy (Scotland) Limited, 1 Dalhousie Terrace, Morningside, Edinburgh, Scotland EH10 5NE.
If you have any queries please contact Customer Services at firstname.lastname@example.org
Company Registration No. SC454282
Telephone: (0843) 289 2048
Last update: 01/02/2018 © United UK, 2018