Terms and conditions
This agreement is a binding legal contract between you (hereby referred to as 'you', 'yourself' or 'the customer') and Ñam Ñam
(hereby referred to as 'us' or 'the company' or 'Ñam Ñam').
By using this website and/or our service, you accept our terms and conditions. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you agree to accept this agreement, as modified.
We reserve the right to deny access to this website, our delivery service, or any service we provide via this website, to anyone who violates this agreement, is abusive to our staff, causes us loss of income by any means, or anyone who, in our judgment, interferes with the ability of others to use this website, or infringes the rights of others.
Orders, order processing and deliveries
- First-time customers will be required to register (online or via phone). All customer details will be stored electronically to help process future orders efficiently and quickly. We are bound by the Data Protection act and no information will be passed on or sold to a third party.
- The minimum order amount is £10 on food and/or soft drinks, groceries, etc (not including a delivery charge)
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We always aim to dispatch and deliver orders as soon as humanly possible.
Please allow 45 - 60 minutes for normal delivery times. At peak times, the delivery may take longer.
Please understand that delays and or longer delivery times resulting from the scenarios described are out of our hands, and we always aim to get your order delivered as soon as humanly possile.
Please do not call us demanding we deliver within 20 or 30 mins (surprisingly, we have had this before).
If you ask nicely, we'll always do our best and ask the restaurant to prepare your food as soon as they can, but please don't put pressure on the operators to bring your order forward as it is not in their hands.
We cannot bring forward or prioritise your order over other orders, as that would be unfair to other customers.
- During busy periods, some restaurants may choose not to accept orders for deliveries.
If this is the case, we will notify you of this using the telephone numbers provided at the time of ordering, as soon as we are told / informed by the restaurant, and we will make every effort to find an alternative / similar member restaurant and will give you the choice to switch your order to that restaurant. Advance orders however may be taken for delivery during kitchen hours. Orders placed at busy restaurant periods will take longer to prepare which will/may affect delivery times. -
By placing an order with us, you understand and acknowledge that Ñam Ñam delivers food, beverages and other items obtained from third parties for and on behalf of the customer, and that a
Ñam Ñam is solely a delivery agent on behalf of these third parties.
As such, Ñam Ñam accepts no responsibility / liability whatsoever for the quality, quantity or content of any meals or goods delivered. Due to health and safety reasons, we do NOT permit our drivers to open / check packaging to confirm items or content. Full responsibility therefore lies with restaurants to send out the correct items. -
After placing an order with us, you will receive an e-mail from us acknowledging that we have received your order.
This does not mean that your order has been accepted by us, but it does constitute an offer for us to deliver the items you have ordered.
All orders are subject to acceptance by us, and we will confirm such acceptance when we pass the order to the restaurant or the third-party whose products you have ordered. In the event we decide not to accept your order, we will contact you using the telephone numbers you provided when placing the order, or registering your details when placing your first order.
The contract between us will only be formed when we place the order with the restaurant in question or the third-party referred to above. -
We do NOT accept order cancellations by email / text message / messages via our website and / or the Contact form.
To cancel an order you have placed, you MUST call us on the number provided in your order email, or at the top of this page. -
Please check your order thoroughly before accepting it, as it is difficult to rectify mistakes later.
Ñam Ñam takes no responsibility for missing or incorrect items given to us by restaurants.
We will always try our utmost to get the restaurant to rectify errors they have made, and will attempt to mediate between the customer and the restaurant, but cannot take responsibility if the restaurant is not willing to rectify their mistakes or issue a refund.
The restaurant in question may choose to re-cook the food, or provide the missing items. We can re-deliver these items on the basis that they pay the delivery charge to deliver the items in question to yourself. We may occasionally waive this charge for the restaurant but this is entirely at our discretion.
If the restaurant is unwilling to get the item re-delivered, and chooses to provide a refund instead, we will happily pass this back to you either as a credit applied to your registered profile with us, to be used towards future orders, or refund it to you by the same method of original payment once we have received the refund from the restaurant.
In the event the mistake has been made by us (i.e. if we have ordered the incorrect item / items), we will either replace the item for you, or credit / refund the amount of the incorrect item.
Please note: Any refunds due will be made at the end of our evening shift (after 11am), or at a mutually suitable time as agreed between you and the shift manager on the day. - For complaints regarding quality of food supplied by a restaurant, customers are advised to contact the restaurant concerned direct. Ñam Ñam is only a delivery service agent and although we may take up a complaint on behalf of the customer we do not, however, offer compensation or replacements in such events.
- In the event you are unhappy with your food, please do not dispose of it, unless authorised by ourselves or the restaurant. Please ensure you take a name of the person that authorised the disposal of the food. If you dispose of it on your own accord, without authorisation from the restaurant our ourselves, we will be unable to help you get a refund from the restaurant.
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We operate a zero violence tolerance policy, and will not accept any verbal or physical abuse to our staff or drivers.
Any such incidents will be reported to the police and will be prosecuted to the maximum extent of the law - We are bound by the licensing law to adhere to & implement the following conditions :-
(1) Alcohol will only be delivered to a residential address or business address, and the customer must be clearly resident inside the building and not standing in the entrance or the grounds/garden. Alcohol will not be delivered to a person on a street corner, a park, the beach or a bus stop etc.
(2) That alcohol will only be delivered to the person who made the order and proof of age will be a mandatory requirement on delivery . regardless of age. Failure to show the required form of ID will result in the non delivery of the alcohol and a refund of that part of the order which relates to alcohol only.
(3) Passports and U.K driving licences with a photograph or Portman Group proof of age cards bearing the .PASS. mark hologram are the only sufficient forms of ID that will be accepted.
(4) Ñam Ñam has a policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age.
(5) Ñam Ñam operates a .challenge 25. policy, and that the customer if they appear to be under 25 will be asked for one of the prescribed forms of identification in addition to a credit card, and that no other form of identification will be accepted. Failure to show these will result in refusal of delivery or refusal of handing over of age restricted goods to customer.
(6) Deliveries of alcohol can be made with a minimum of £10 of food. Alcohol may be delivered on its own, without an accompanying food order, in which case the total cost of alcohol in the delivery must not exceed £25 in total (not including delivery charge). There can only be one delivery of the maximum of £25 alcohol limit to an address within a 24-hour period.
(7) Ñam Ñam will maintain a record of sales and deliveries containing the following information:-
A. A list of the individual items delivered.
B. The delivery address.
C. The method of payment.
D. The name, address and telephone number of the person ordering the alcohol.
E. The date and time of the order and delivery.
**Please note** by ordering off license drinks you are accepting & agreeing to the above terms and conditions & that you have a valid and acceptable form of photographic ID to show to the driver on request.
Abuse & assaults on drivers will be not be tolerated and anyone responsible will be reported to the police & prosecution charges imposed.
Ñam Ñam supports the drink sensibly campaign click here for help and information on the effects of alcohol and the East Sussex County Council Drink Sensibly this Christmas campaign - We reserve the right not to deliver: - Outside our operating / delivery times
- Assaults on our drivers, their vehicles, their belongings or Ñam Ñam property will be reported to the authorities and where possible charges will be brought against the offender
- Collection from the first restaurant incurs a single delivery charge (found in the delivery costs page). Collections from each restaurant thereafter will incur an extra £1 delivery charge per restaurant.
- Orders placed from a Waterfront, Brighton Marina restaurant will incur a extra delivery charge above and on all other charges.
- Outside our delivery zone
- In dangerous weather / driving conditions
- To unregistered addresses and customers
- To customers we deem to have been rude to any of our staff, or customers who we deem to be a risk (i.e. non-payers, abusive, etc).
- To minors ordering alcohol, cigarettes or any age restricted item(s)
- To customers in public establishments, where that establishment is not a registered delivery address, or where we feel our delivery would conflict with, compromise or affect the operations of that establishment
- To a registered banned customer or addresses
- Any off-license drinks must only be accepted by the person who ordered it and a signature and an ID with a PASS stamp provided on delivery
- All menu prices are inclusive of VAT. Prices are subject to change and all food is subject to availability.
Occasionally, we may not have the price of some items available to hand, and as such, these may be listed without prices or at 0.00.
This may also be the case for seasonal items, or items that are weighed / charged on a case-by-case basis (for example, China Garden and The Regency do not have fixed prices for their 'Lobster' dishes).
If you have chosen any of these items for your order, we will endavour to contact you to with an updated price that you will pay for the item. You can choose to cancel your order or that individual item at the time.
Please note: We will not dispatch your order until we confirm the prices with you, unless you have specifically given us permission to proceed without confirming these prices with yourself. As such, please ensure the telephone numbers you have provided us are correct, otherwise we may not be able to deliver your order. - Restaurants reserve the right to change their menu and prices anytime throughout the year without prior notice.
- The prices of items listed on our site(s) are the prices in force on the date and at the time on which we receive / process your order. We make every effort to ensure that the prices on our website are accurate.
Nevertheless, as our site(s) contain a large number of Products it is always possible that, despite our best efforts, some of the items on our site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedures.
However we are under no obligation to provide or deliver to you at an incorrect lower price quoted on our site(s). We will inform you if this is the case, and you can choose to cancel the order at that point. - For concerns regarding nut allergies or any other form of food allergy, we strongly advise customers to contact the restaurant directly for advice and information regarding content and ingredients before placing the order with Ñam Ñam.
- Each restaurant operates at certain hours, and we can only carry out deliveries for a subset of these hours.
These times can be determined by communicating with the respective restaurant, and our delivery hours for these restaurants can be seen on the individual restaurant / menu pages on our website.
Restaurant holiday hours may vary. - Our opening hours / delivery times can be seen on our opening hours page. Orders placed with us can only be delivered within these times, unless prior arrangement has been made in writing.
- We accept payment for orders via cash or debit / credit card. All card payments are subject to a small handling charge, which will be added to the total price of your order. When placing an order via our website, you will be shown the amount being added. When placing orders over the phone or text message, we will quote the total price including the card handling charge (please ask your operator when calling in, if you wish to know the surcharge amount.
- Our payment provider (Stripe) occasionally applies a £1 authorisation check, to verify that the card is issued and the bank will allow it to be authorised. We think this is pre-historic, but until we find a better payment provider, our hands are tied. Regardless of whether or not the authorisation is declined, Stripe will reverse the authorisation request immediately. However, even if the bank declines the authorisation, some people may still see an authorisation for £1 on their card statement. The important thing to remember is that this is not a charge, and it will disappear from your statement; depending on the bank, it will be removed from your statement in anywhere from a few minutes to a few days, but usually happens within 24 hours. Please remember: This £1 authorisation fee does not come to, nor is charged to your card by Dinner2go. It is applied by our payment provider (Stripe). Feel free to have a go at them.
- We do not accept cheques.
- 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, including but not restricted to, strikes, lock-outs, riot, terrorist attack, war, fire, explosion, natural disaster, impossibility of the use of public or private transport or public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the Contract may be performed despite the force majeure event.
- 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 between us 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 of us 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 of us 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
- This agreement is drafted in the English language. If this agreement is translated into any other language, the English language text shall prevail.
- Contracts made between us will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
