We are Big Night Enterprises Ltd a company registered in England and Wales. Our company registration number is 12633787 and our registered office is at The Laughing Heart, 277 Hackney Road, London, England, E2 8NA (“Big Night”, “we” or “us”).
We provide an online marketplace for meal kits, hampers, groceries, and beverages, including alcohol (the “Products”) which are supplied by our traders (“Traders”).
1.1 Please read these terms carefully before you submit your order to us.
1.2 Big Night acts as a marketplace and we only facilitate the purchase of Products from Traders. When you buy Products from our website you enter into an agreement directly with the Trader for the Products provided.
1.3 Acceptance of your order will take place when we email you a confirmation, at which point a contract will come into existence between you and the Trader. This contract will incorporate any additional terms a Trader has on their order page. These additional terms will be shown to you before you before you place an order.
1.4 If the Trader is unable to accept your order, we will inform you of this by email and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because the Trader has identified an error in the price or description of the Product.
1.5 We only sell to the UK. Unfortunately, we do not accept orders from addresses outside the UK. Some Traders cannot deliver Products to certain regions of the UK. Please check the Trader’s page before you place your order to check if the Trader can deliver to you.
2.1 You can contact our customer support team using the live chat button on our website or by emailing us at firstname.lastname@example.org.
2.2 If Big Night or the Trader need to contact you we will do so by emailing you at the email address you provided to us in your order.
3.1 We will take reasonable care and effort to ensure that the information on our website is accurate.
3.2 We will pass your order onto the relevant Trader, and will be a point of contact between you and the Trader. Big Night facilitates payment for the Products, but does not fulfil orders itself as this is the Trader’s obligation. Big Night receives a proportion of the amount paid for Products.
3.3 We will use reasonable endeavours to make our website available to you, and to reply to questions or queries promptly during business hours.
3.4 The Product descriptions and images are provided by each Trader and we have no responsibility for any mis-description or error. We accept no responsibility for the accuracy of the description of the Products, including but not limited to, whether the ingredients and potential allergens on the Trader’s page are correctly listed.
4.1 If the Products you order include alcohol you confirm by ordering these that you are over 18 years old. If you are not over 18 years old you must not use the website to order alcohol.
4.2 You must ensure you read the listed ingredients and allergens which are supplied by the Trader before making an order.
4.3 Prior to payment, you should check that the selected Products in your shopping cart are correct. You are responsible for providing correct personal details, bank details and delivery address. We will not be liable for late or non-delivery of your order if you do not give us the correct information.
4.4 If you want to make a change or cancel your order, you need to let us know before the order cut-off point (which will be set out on the Trader’s page or the product page). You can contact us using the chat function on our website or contact the Trader directly.
4.5 We cannot cancel or change orders after the cut-off point. Other than your right to return non-perishable orders and where there is a problem with your order (see paragraph 7 (Cancellation and refunds) below), you will not be able to cancel or change your order after the cut-off point as your order will already have been made.
5.1 The price of the Product (which includes VAT) will be the price indicated on the order pages when you place your order.
5.2 Payment will be requested, in full, upon placement of the order. The delivery charge will be detailed separately and depends on the Trader. You can pay using credit or debit card.
6.1 The delivery methods, costs and estimated delivery time depend on the Trader you order from. You will be notified of the delivery time the day prior to delivery but we do not and the Trader does not guarantee that the Products will arrive at this time. Neither Big Night or the Trader accept any liability for any losses or damages arising because of a late or failed delivery.
6.2 Delivery will only be to the delivery address provided when you make your order and to the person who identifies themselves as the customer. The Products will be your responsibility from the time the Products are delivered to you.
6.3 If our supply of the Products is delayed by an event outside our control or the control of the Trader then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for the delay. If there is a risk of substantial delay you may contact us to end the contract with the Trader and receive a refund for any Products you have paid for but not received.
7.1 Each Trader may have its own cancellation and refunds policy which you should check if you would like to return the Products. The rights set out in this paragraph 7 are your minimum rights under consumer protection law. If you would like more details about your rights as a consumer you can find a summary here.
7.2 Where the Products you have ordered are non-perishable and either are still sealed or do not have a seal (Non-Perishable Products), you can cancel your order within 14 days of placing that order. If the Products have a seal which you have broken, you will not be able to return the Products for hygiene reasons.
7.3 If you would like to cancel your order please contact our customer service team using the chat function on our website and we will contact the Trader. Where the Product you have ordered includes both perishable and Non-Perishable Products (for example in a hamper), you will not be able to cancel your order.
7.4 If you cancel your order for Non-Perishable Products after the order has been dispatched to you or you have received them, you must return them to the Trader. If you would like to return Non-Perishable Products please contact our customer service team using the chat function on our website and we will contact the Trader. You must send the Products back to the Trader within 14 days of telling us you would like to return them.
7.5 If you return Non-Perishable Products to the Trader these must be returned in the same condition you received them. If the Products are not in the same condition as when you received them we will not issue you a refund. We will issue you a refund by the method you used for payment once the Trader confirms the Products are in the condition they were sent to you. We will not refund the delivery costs.
7.6 If there is a problem with the Products supplied, you may be entitled to a refund. Please contact us using the chat function on our website in the first instance so we can investigate the issue with the Trader. We may need you to provide us with certain details before we are able to help you, including pictures of the Product(s) received.
7.7 If we issue you a refund because there is a problem with the Products, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment.
8.1 If we fail to comply with our obligations in these terms, for example if we fail to pass on your order to the Trader or do not act as a point of contact between you and the Trader, we are responsible for loss or damage you suffer that is a foreseeable result of this, or our failure to use reasonable care and skill in providing this service, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.2 As your contract is with the Trader, we are not responsible for the Products failing to meet their description or for any failure of a Trader to deliver the Products, but under paragraph 7 (Cancellations and refunds) we will help you contact the Trader to deal with this issue.
8.3 Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Products.
8.4 The Products are only for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will not and the Trader will not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.2 This contract, for the provision of our marketplace and facilitation of order placements, is between you and us. You have a separate agreement with the Trader for the provision of the Products you order. 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 in order to end the contract or make any changes to these terms.
10.3 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.
10.4 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.
10.5 These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.