Terms & Conditions of Service
Last updated 29 September 2021
These terms and conditions (“Terms”) apply to any products and/or services (“Products”) you may purchase from us through EMMA & TOM (the “Site”). For avoidance of doubt, the following Terms and references to the Site apply to both the EMMA & TOM iOS and Android mobile application (together the “Mobile App”) and the Internet Landing Page (the “Website” with URL https://emmatom.store).
What these terms cover
1.1 Please read these Terms carefully before creating an EMMA & TOM account or using our Site. By downloading the Site or setting up your EMMA & TOM account, you confirm that you accept these Terms. If you do not accept these terms and conditions, you should not order any Products or services from us.
1.2 If you use the Site or order Products after we have published any changes to these Terms you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms applicable. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.
1.3 You may not change these Terms and we will not accept any alternative terms. If you have any questions relating to these Terms please contact firstname.lastname@example.org
Information about us and how to contact us
2.1 We are High Street Technologies Ltd, a company registered in England and Wales (“us”, “we”, trading under “EMMA & TOM”). Our company registration number is 13309105 and our registered address is at Tapestry Apartments, Flat 82, 5 Canal Reach, N1C 4AZ London. Our registered VAT number is [tbd].
2.2. You can contact us by emailing email@example.com.
2.3 If we have to contact you, we will do so via the Site or by the telephone number or email you have registered with us.
Your use of our services
3.1 EMMA & TOM offers a food and non-food delivery service via the Site.
3.2. To register with EMMA & TOM via the Site and receive the Products you must be 18 years of age or over.
3.3. To register with EMMA & TOM via the Site you will need to provide your name, billing address, telephone number and an email address.
3.4. To order Products via the Site you will need to provide your delivery address. Multiple delivery addresses may be saved on the Site.
3.5. Only you may order Products via your user account. You may only register one account per device. You are responsible for ensuring the information you provide is accurate.
3.6 You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Products they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
3.7 You must notify us immediately if you become aware of any unauthorised use of your user account.
Our contract with you
4.1 We can only deliver Products to specific locations.
4.2 To see if we can deliver to you, please consult the information shown in section "Delivery Area & Charges" in the Help Center on the Website.
4.3 The delivery time for Products you purchase through the Site depends on the Delivery Address.
4.4 To see our minimum delivery times, please consult the information shown in section "Delivery Area & Charges" in Help Center on the Website.
4.3 You place the order for the Products you would like to purchase on our Site by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by clicking the "Submit Order” button checkout option on the order summary page or the “Apple Pay”. No changes may be made to your order after this point. The delivery fee will be displayed at the check-out.
4.4 Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive a notification via the Site and a mail confirmation containing your order confirmation number stating that we are processing your order.
4.5 If for any reason we cannot provide you with a product in your order, you will be contacted by our customer services team using the telephone number you provided when registering.
4.6 Products may only be ordered in household quantities. We reserve the right to either (i) cancel an order; or (ii) deliver using multiple riders or shipments in the event that an order is in excess of a household quantity.
5.1 The price of the Product (which includes VAT where applicable) will be the price indicated on the Product information page within the Site when you place your order, except in cases of obvious error.
5.2 The current total value of the shopping basket and the delivery charge to be paid is displayed in the order overview on the website and will be automatically added to the order value on the mobile app.
6.1 The purchase price for the Products as well as the delivery fee must be paid immediately after placing an order.
6.2 EMMA & TOM has a minimum order value of £10 (excluding delivery charge) per order.
6.3 Payment can only be made via the Site. The payment methods accepted by us are those available on the Site at the time you place your order. We may add or remove payment options from the Site at any time.
6.4 Following delivery, we will send the invoice to the email address you provided when registering your user account.
Your rights if something is wrong
7.1 Please consult section "Damaged & Wrong Goods" in the Help Center.
Age restricted products
8.1 Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over.
8.2 To ensure that you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made.
8.2 We have put in place a "Challenge 25" policy. If the customer opts for Local Delivery and the person receiving delivery of alcohol looks under 25, we will request identification. We may also request identification in relation to other age restricted products. We may retain the products if proof of age or an alternative adult is not available.
8.3 The rider may refuse to deliver alcohol to any person who is, or appears to be, intoxicated.
9.1 EMMA & TOM may issue vouchers or promotional codes (“Voucher”) that can be used on your order. Voucher are available for a limited time only. EMMA & TOM reserves the right to cancel the validity of Voucher at any time.
9.2 Voucher are limited to one use per customer. Only one Voucher can be used per order and they have no cash value. Vouchers cannot be redeemed in conjunction with any other EMMA & TOM promotion or offer.
9.3 If the use of any Voucher violates the relevant terms and conditions, EMMA & TOM is entitled to revoke it.
Right to cancel
10.1 Please consult section "Returns & Cancellations" in the Help Center.
Terminating your account
11.1 You may close your user account at any time by Emailing firstname.lastname@example.org.
11.2 EMMA & TOM may terminate our contractual relationship with you with respect to your user account upon two (2) weeks' prior notice by emailing the address you provided when you registered.
11.3 We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or riders, or any other good reason). We will notify you of the suspension via the email that you provided on registration.
11.4 If we close your account permanently, we will refund any remaining account credit you have validly obtained from our customer service team or Site following any issue with an order, by applying a credit to your registered credit card or payment method, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
11.5 This does not affect your statutory rights.
11.6 Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions.
Limitations and exclusions of liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
12.2 We will not be deemed to be in breach of contract or of these Terms as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
12.3 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these Terms restrict any of your statutory rights.
12.4 We are not liable for business losses. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.1 All rights in all content including but not limited to copy, images, software (including code, interface and structure of Sites) and the design, look and feel, and format of the Sites are owned by us.
14.2 No use of material and/or content is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.
15.1 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 Nobody else has any rights under this contract. This contract is between you and EMMA & TOM. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these Terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 You and EMMA & TOM agree that English law applies to these Terms and that any dispute between us arising out of or in connection with these Terms will only be dealt with by the English courts, unless you live in another part of the UK or Republic of Ireland, in which case the applicable law of that part of the UK or Republic of Ireland will apply and any dispute will be brought before the courts of that part of the UK or Republic of Ireland.
16.1 For specific Retail Accounts and Brands, EMMA & TOM may from time to time offer retail brokerage services through the use of site with URL https://emmatom.store/pages/retail-account-login.
16.2 Retail Accounts acknowledge that submitting interest in receiving free samples does not constitute a commitment by Brands or EMMA & TOM to deliver free samples. The parties acknowledge that the Brands will enter into transactions with the Retail Accounts in the Brand’s sole discretion and subject to availability of stock.