Terms and Conditions
Updated 21 september 2023
www.restaurantmyse.co.uk
Mýse Hovingham Ltd (t/a Restaurant Mýse)
Company Registration No: 10042011
VAT Registration No: 243148228
Registered offices: Restaurant Mýse, Main Street, Hovingham, York, YO62 4LF
Definitions
The term ‘Restaurant Mýse’, ‘Mýse’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Should you continue to browse and use this website, you are agreeing to comply with and be bound by these terms, which govern our relationship with you in relation to this website, and also our privacy policy.
As a customer, you may also be bound by additional terms and conditions which should be referred to independently.
General usage of this website
The content of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials 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 materials 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 may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, appearance, photography and logo. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks 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 in most jurisdictions can constitute a serious 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 necessarily signify that we endorse the website(s) or their contents.
Your use of this website and any dispute arising out of such use of the website is subject to English law.
ordering from us online
1. information about us
1.1 These are the website terms and conditions of Myse Hovingham Ltd., trading as
“Restaurant Myse” in the UK.
1.2 We operate the website www.restaurantmyse.co.uk (the “Website”).
1.3 This document (together with the documents referred to in it) and our Privacy Policy
provide our terms and conditions, on which we will supply to you the products (“Products”)
listed on our Website via our ordering service. Please read these terms and conditions
carefully before ordering any Products from our Website. You should understand that by
ordering any of our Products, you agree to be bound by these terms and conditions. You
should also carefully review our Privacy Policy before placing an order for Products through
our Website.
1.4 These Terms and Conditions were most recently updated on 21st September 2023 and
apply to sales to consumers.
1.5 If you use or order Products after we have published any changes, you will be bound by
those changes. You should check prior to each use or order to ensure that you understand
the precise terms and conditions applicable to your Purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 In these terms and conditions the words “we”, “us” and “our” and similar expressions
refer to Restaurant Myse.
2. service availability
2.1 Our Website is only intended for use by people residing in the United Kingdom of Great
Britain but excluding Northern Ireland (“Serviced Countries”). Unfortunately, we cannot
accept orders from outside of these Serviced Countries at this time, or from certain
postcodes in the Scottish Borders, Highlands and Islands as detailed in these terms and
conditions on our Website.
3. your status
3.1 By placing an order through our Website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are a resident in one of the Serviced Counties; and
3.1.4 you are accessing our Website from that country
4. Purchase Contract
4.1 All use of our Website and purchases made on this Website are governed by these terms
and conditions. After placing an order via our Website, you will receive an email from us
acknowledging that we have received your order. Completion of the contract between us
(the “Contract”) will take place when we dispatch the Products to you. After the Contract
has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via
email and/or SMS message as applicable from our third-party couriers.
4.2 We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of
18. By placing an order that includes alcohol, you confirm that you are at least 18 years old
and we reserve the right not to deliver if we are unsure of this.
4.3 In the event that a Product is unavailable when you place your order, we shall contact
you to arrange replacement, or another arrangement for the completion of your order.
4.4 We reserve the right not to accept any offer.
4.5 All Products offered are subject to availability.
4.6 All sales are final, non-refundable and non-transferable.
5. our products
5.1 The images of Products on our Website are for illustrative purposes only. Your Products
may differ slightly from those as displayed on our website and food by its nature may vary in
colour and size. The packaging of Products may also vary from as shown on our Website.
5.2 You are responsible for opening and inspecting the Products upon delivery and storing
them correctly. You are also responsible for the preparation of our Products. We accept no
liability for any loss, damage or injury arising as a result of the incorrect storage, preparation
or cooking of our Products.
5.3 Our recipe cards and labels include details of all allergens which may be contained
within our Products. However, it is your responsibility for checking our packaging and
Website to ensure that a Product does not contain a relevant allergen to you. Our Products
include ingredients from third-party suppliers who are responsible for labelling their
ingredients correctly. While we undertake rigorous checks in accordance with our legal
obligations prior to using all third-party suppliers, in circumstances where a third-party
issues a product recall for whatever reason, we accept no liability for any loss, damage or
injury caused by an ingredient recall or incorrect labelling.
5.4 Products are subject to availability and prevailing market conditions. In the event of nonavailability
of any Products you order, we may offer a reasonable alternative. It is our policy
to notify you of any substitute items via email prior to delivery where possible. If you are
not happy with any substitution, please contact our customer experience team via the
various methods detailed on our Website.
5.5 We offer our Products at different prices which may change monthly. Please see our
Website to view the most recent prices.
6. delivery
6.1 If you have any questions regarding our delivery locations, please contact our customer
experience team via the various methods detailed on our Website.
6.2 Restaurant Myse is unable to deliver to a number of postcodes, please check our
website for further details.
6.3 Delivery windows stated on our Website or via Email are an indication, and not a
guarantee of delivery within these hours. We reserve the right to deliver your Product/s at
any point on the day of delivery set out in the dispatch confirmation.
6.4 Whilst we make reasonable arrangements with our third-party courier for your order to
be delivered on your scheduled delivery date; delivery delays of 24 hours may occur due to
circumstances beyond our control. If our supply of product is delayed by an event outside
our control, we will attempt to contact you as soon as possible to let you know and we will
take steps to minimise the effect of the delay. We are not liable for delays caused by, but
not limited to; adverse weather conditions/environmental factors/as well as third-party
courier operational and/or service delays. If your delivery is delayed more than 24 hours
after the scheduled delivery date, we will offer a suitable replacement or, where not
possible or suitable, a refund of undelivered products.
6.5 Delivery will be completed when our third-party courier delivers the Products to the
address you supplied. If no one is available at your address to take delivery, our authorised
third-party courier will follow delivery instructions provided to us by you. Delivery
instructions left on order notes will not be passed onto third-party couriers on your behalf.
Delivery instructions must be provided by you to the third-party courier directly via the
third-party courier services app, or via their email/SMS notifications sent to you regarding
your delivery. If no leave safe instructions have been provided, the order will be left in an
area that the third-party courier deems safe.
6.6 The leave safe location specified by you must be within the area of the delivery address
and be accessible to the courier. The third-party courier will endeavour to follow any
delivery instructions you provide directly to them, but this cannot be guaranteed.
6.7 If 6.5 and 6.6 are unable to be followed, our third-party courier may also deliver to a
nearby household or business. A household or business is regarded ‘nearby’ if the recipient
resides in the same building as the original addresses. In addition, the box may also be
delivered to a recipient residing in proximate walking distance to the delivery address (e.g.
same housing complex, building on the opposite side of the street, or a next-door building).
All aforementioned instances are referred to as “neighbours.”
6.8 The customer will be notified of such delivery to a neighbour or safe place via SMS or
email.
6.9 If neither a personal handover, safe place, or delivery to neighbour is possible, our thirdparty
courier reserves the right not to deliver the order and you will be in default of
acceptance.
6.10 Restaurant Myse reserves the right to change your delivery date with prior notice.
6.11 We offer in-person collection with prior notice. This will be from Restaurant Myse only.
6.12 If we have left Products in your safe place, or another place deemed safe by our thirdparty
courier, and they are stolen or damaged, we do not accept liability, but may offer a
refund or other compensation at the complete discretion of our customer experience team.
6.13 The costs of delivery will be displayed to you on our Website.
6.14 Once the delivery is completed, the risk of any damage or loss of the box will be with
the customer. Restaurant Myse shall not be held liable for any damage, defect or loss which
may occur thereafter.
6.15 You are fully responsible for any damages or losses due to any ambiguity regarding the
safe spot specified by you. Restaurant Myse is not obliged to review the safe spot as to its
general suitability.
6.16 Refusal of the box does not negate the charge for purchasing a Product. Restaurant
Myse will not be liable for any losses sustained by the customer relating to a refusal of
delivery by our third-party courier.
6.17 It is your responsibility to ensure that your order details including purchased Products
and personal information are correct.
6.18 Restaurant Myse will ship your order using the details provided on your order at the
time of purchase. It is your responsibility to ensure that the shipping address is correct on
your order, and if any amendments are necessary, that you contact the Restaurant Myse
Customer Experience Team immediately to provide the correct information.
6.19 Restaurant Myse will attempt to make necessary amendments to your shipping
information on your order where possible and must be provided with the correct
information no less than 48 hours prior to your scheduled delivery date. We are unable to
make amendments to shipping/personal information on your order after this time. Failure
to do so will result in a lapse to any rights in a refund or delivery.
6.20 Restaurant Myse are not liable for failed deliveries due to incorrect shipping
information on your order, including personal device auto-fill inaccuracies.
7. prices and payments
7.1 All Prices listed on our Website are inclusive of UK VAT where applicable.
7.2 Although we endeavour to ensure that all pricing information on this website is
accurate, occasionally an error may occur and Products may be priced incorrectly. If we
discover a pricing error we will, at our discretion, either: contact you and ask you whether
you wish to cancel your order or continue with the order at the correct price; or notify you
that we have cancelled your order. We will not be obliged to supply goods at the incorrect
price.
7.3 We reserve the right to adjust prices, offers, Products and specifications of Products at
our discretion at any time before we accept your order. Where an end date is specified on
any offer on the website, it is intended as a guide only. Restaurant Myse reserves the right
to change prices at any time.
7.4 Payment for Products must be by credit or debit card. We accept payments via Visa and
Mastercard, Apple Pay and Google Pay.
7.5 We do not accept payment via Amex or PayPal.
8. our returns and refunds policy
8.1 If you are unhappy with a Restaurant Myse food box for a legitimate reason such as: the
box was missing ingredients, the box was damaged or the box did not arrive, we will offer an
appropriate refund or compensation if it can be shown that the box you were charged for
was not supplied as it should have been.
8.2 As most of our Products contain fresh and perishable items, you are not entitled to the
regular rights of consumers to return goods within 14 days’ after you receive them. There is
an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information,
Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the
supply of goods are exempt from the right to withdrawal if those goods are liable to
deteriorate or expire rapidly.
8.3 If your Product is non-perishable, for your Product to be eligible for return, your Product
must be unused and in the same condition that you received it.
8.4 To return your Product, you should mail it to: Restaurant Myse, Main Street,
Hovingham, YO62 4LF, United Kingdom and include the name on the order, as well as your
product order number.
8.5 You are responsible for paying for your own shipping costs for returning your Product. If
you are shipping a Product over £20, you should consider using a trackable shipping service
or purchasing
9. warranty
9.1 We warrant to you that any Product purchased from us through our Website will, on
delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all
the purposes for which products of that kind are commonly supplied.
10. our liability
10.1 Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall
only be liable to you for the purchase price of the Products.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 Death or personal injury caused by our negligence
10.2.2 Fraud or fraudulent misrepresentation
10.2.3 Any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979.
10.2.4 Defective products under the Consumer Product Act 1987; or
10.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude
or liability.
11. written communications
11.1 Applicable laws require that some of the information or communications we send to
you should be in writing. When using our Website, you accept that communication with us
will be mainly electronic. We will contact you by e-mail 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.
12. transfer of rights and obligations
12.1 The Contract between you and us is binding on you and us.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your
rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or
any of our rights or obligations arising under it, at any time during the term of the Contract.
13. intellectual property rights
13.1 We are the owner or licensee of all intellectual property rights on our Website, and in
the material published on it. These works are protected by copyright laws and all such rights
are reserved.
13.2 You may print off one copy, and may download extract, of any pages from our Website
for your personal reference. You must not use any part of our copyright material for
commercial purposes without first obtaining a license or permission from us to do so.
13.3 If you post comments our Products to any Website, blog or social media network
(“Commentary”) you must ensure that such commentary represents your fairly-held
opinions. By purchasing our Products, you authorise us to quote from your commentary on
our Website and in any advertising or social media outlets which we may create or
contribute to.
14. our right to amend these terms and conditions
14.1 We have the right to revise and amend these terms and conditions (including the
Privacy Policy) from time to time without prior notice to reflect the changes in market
conditions affecting our business, changes in technology, changes in payment methods,
changes in relevant laws and regulatory requirements and changes in our system’s
capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that
you order Products from us, 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 we send you the Dispatch Confirmation (in which case
we have the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven working days of receipt by you
of the Products).
