In these terms and conditions, the following words and expressions shall have the following meanings:
the Customer, you, your: means you, the customer, who buys the Products from Xie Limited;
Nippon Izakaya, Store, Our, We and Us: means Xie Limited;
the Products: means the products supplied by Xie Limited trade as Nippon Izakaya to the Customer;
and the website, site: means the website www.nipponizakaya.co.uk
These are the terms and conditions on which we supply products to you, whether in store or by phone, via our websites and via our mobile, tablet or other applications.
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact us using our Contact Form before you place an order.
Information about us
Xie Limited is a company registered in England and Wales with registered company number 10165666, whose registered office is at 843 High Road, North Finchley, London, N12 8PT.
Xie Limited’s VAT number is 270938874.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and that they comply with them.
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
If you place an order via our Site, you will be presented with confirmation on your screen that your order has been received and accepted by our Franchisee. Your contract with us is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order. If you place an order in store, your contract will be formed when you receive your receipt of purchase.
If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please contact our Customer Service team on 0203 621 0102. Nippon Izakaya reserves the right to suspend your registration if you breach these terms and conditions.
Products and Price
All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item.
Stores are busy working environments and there is a risk of cross-contamination between ingredients. If you have an allergy we kindly ask that you do not order online. Instead, please telephone us on 0203 621 0102 and inform your order-taker at the Store directly in full of your allergies.
Prices are as quoted on our menus, Site and in store and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT.
Cancellation and Refund
You have the right to cancel an order by telephoning the Store up until either:
1. in the case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or
2. in the case of same day orders and deliveries, within a reasonable time prior to any food being used to start preparing your order.
If you wish to cancel an order after food has been used to start preparing it, you may, at Store’s sole discretion, be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that the Store needs to cancel your order after it has been accepted, the Store will notify you. We reserve 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 any orders we cancel. Any payment made prior to an order being cancelled by us will typically be reimbursed using the same method originally used by you to pay for your purchase.
We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
The Customer agrees to accept delivery of the Products at the agreed time and place of delivery. We can only fulfil an order for large quantities at the discretion of the store from which you are ordering. If you would like to place a large order, we recommend you contact us well in advance.
If you have chosen for the Products to be delivered, we will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
Events outside our control
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 (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control 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; and
• 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 Even.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic.
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of England and Xie Limited and the Customer submit to the non-exclusive jurisdiction of the Courts of England.