Terms & Conditions
Terms and Conditions
Terms and Conditions for the placing of food and beverage orders online
These terms and conditions govern the placing of online orders and collection of food and beverage ordered online by customers via ‘Durham University Click and Collect’ Service (“DU Click & Collect”), for collection at any of the following food and beverage outlets:
- ‘Palatine Café’ located on the ground floor of the Palatine Centre, Stockton Road, Durham, DH1 3LE;
- ‘Fusion Restaurant’ located at Durham University Business School, Mill Hill Lane, Durham, DH1 3LB;
- ‘Calman Café’ located on the ground floor of the Calman Learning Centre, Stockton Road, Durham, DH1 3LE;
- ‘Chemistry Café’ located on the ground floor of the Chemistry Building, Durham University, South Road, Durham, DH1 3LE;
- ‘Small Island Coffee’ located on the ground floor of the Bill Bryson Library, Durham University, Stockton Road, Durham, DH1 3LY; and
- “Zing Kitchen” located on ground floor of Durham University, Teaching and Learning Centre (“TLC”) South Road, Durham, DH1 3LS.
Each an “Outlet” and together, the “Outlets”.
Each of: ‘Palatine Café’; ‘Fusion Restaurant’; ‘Calman Café’; ‘Chemistry Café’; ‘Small Island Coffee’; and ‘Zing Kitchen’ are trading names of and form part of the University of Durham (the “University”) whose registered address is the Palatine Centre, Stockton Road, Durham, DH1 3LE.
Subject always to contract and availability of products, each Outlet offers customers the opportunity to order food and beverages online in advance, for collection directly from your designated Outlet. To do so, customers must visit the DU Click & Collect Website, which can be found at https://duclickandcollect.mcr-symphony.net/login.aspx (the “DU Click & Collect Website”). Here customers can view the menu which lists the products which, subject to availability, can be purchased in advance for collection from each of the Outlets by placing an online order.
In the event that you as a customer wish to place such an order to be fulfilled by one of the Outlets, you must first follow the online prompts to set up a user account.
Once registered with a user account, you can follow the instructions set out on the DU Click & Collect Website to select items from each Outlet’s menu, for collection within one of the ten (10) minute collection windows you may select at the point of order. By registering for a user account, and/or by completing your order online, including by making payment for the items selected, you are deemed to have accepted and agreed to be legally bound by the terms and conditions set out herein, and by placing an online order with the DU Click & Collect Service, you enter into a legally binding contract with the University on behalf of your chosen Outlet. In particular, by placing an order, you agree as follows:
- ALLERGENS AND DIETARY REQUIREMENTS: DU Click & Collect Service manages the control, content and provision of information regarding allergens in its products strictly in accordance with Durham University Food Allergens Policy (0 February 2019) which can be found here. Appropriate allergen information can be found within the item description displayed within the online menu. You are advised that in the event you have any allergy, you should read this policy carefully and you should first visit your chosen Outlet to discuss any specific dietary requirements with staff prior to placing any order. None of the Outlets directly use nuts in their products. However, some ingredients used in products available for purchase in each of the Outlets may be produced in factories who handle or have handled nut products, and thus the University cannot guarantee its products to be completely nut free.
You should be aware that some product items, or ingredients contained therein, may have previously been frozen. In addition, please note that although great care is taken in the preparation of all Outlet items, the University cannot guarantee that all bones have been removed from all meat and fish products and olives and other fruit may contain stones.
Menu items suitable for vegetarians and/or vegans are identified as such on the menu within the DU Click & Collect Website. However, you should note that none of the Outlets have dedicated areas for the preparation or cooking of such products.
- ORDERS: No order is considered placed and accepted by any Outlet, until payment is received in full via the online payment system operated via the DU Click & Collect website, and confirmation that your order is complete is displayed on your screen. You understand that preparation of your order may begin immediately on confirmation your order has been placed, and thus, subject to Clauses 3 and 5 below, once placed, orders cannot be cancelled/modified.
- AVAILABILITY: You hereby understand and agree that acceptance and confirmation of your order by any Outlet is not a guarantee that such order can be fulfilled. All items offered via the DU Click & Collect Website are strictly subject to availability, and while every effort shall be made by each Outlet to fulfil every order, in the event any Outlet becomes aware that an item is no longer available following receipt of your order, such Outlet reserves the right, at its discretion, to offer you a substitute item. You are under no obligation to accept any offer of a substitute item. If you decline a substitute item, you shall be entitled to a refund of any charges applicable to any unavailable items. To arrange such a refund, please request that the team member serving you process a refund at the till at the point of collection.
- PRODUCT DESCRIPTIONS: You understand and accept that many of the items offered on the DU Click & Collect menu are prepared to order and thus, although items are prepared following a prescribed formula, the appearance of food and beverages may vary from item to item and from time to time. All pictures and descriptions of items available for order, featured on the online menu are for illustrative purposes only and may not be an accurate representation of the food items you may receive.
- PRICING: The University reserves the right to change the prices of items sold via the DU Click & Collect Website at any time, and prices may vary from time to time. The University endeavours to ensure at all times that the prices charged for items via the DU Click & Collect Website are correct at the point you place your order. However, in unlikely event a pricing error is identified by the University after you place your order, the University reserves the right to cancel your order, and to issue a full refund of charges paid. You are then free to place another order when pricing errors have been rectified. The University accepts no responsibility or liability for any inconvenience caused in the event, or as a consequence, of any pricing error. All prices charged via the DU Click & Collect Website are inclusive of any applicable VAT.
- COLLECTION: You understand and agree that you must be present at your chosen collection Outlet to collect your order within the collection window time slot you chose at the point of order (your “Slot”). To ensure you are able to enjoy your order in the freshest possible condition, you are advised to be available to collect your order at the beginning of your Slot, so that there is no delay between completion of your order by your chosen Outlet and your enjoyment of the products. However, although each Outlet endeavours wherever possible to ensure your order is ready for collection within your Slot, during busy periods, where Outlets are in receipt of a high volume of orders, the University cannot guarantee your order will be ready for collection strictly within your Slot, and thus collection window time slots are given for guidance purposes only. In the event that your order is not ready for collection within fifteen (15) minutes after the end of your Slot, you reserve the right to cancel your order by notifying staff working on the sales counter of the Outlet you selected for collection of your order. In the event such a cancellation becomes necessary, you shall be advised by Outlet staff of the process for obtaining a refund for the cost of any items not provided at that point, or you can email Durham University Catering at firstname.lastname@example.org . The progress of your order can be followed via online updates where applicable, and you will be sent an email notification when your order is estimated to be ten (10) minutes away from being ready for collection. When your order is ready for collection it can be collected from the appropriate service counter.
- UNCOLLECTED ORDERS: You understand and agree that items purchased via DU Click & Collect Service for collection from any Outlet are most likely perishable, and for food safety reasons, usually cannot be stored for extended periods. Therefore, in the event that you fail to collect your order within your Slot, subject to sufficient storage space/facilities being available, uncollected items will be retained by your chosen collection Outlet for later collection, only strictly as follows:
- In the case of hot food items, up to a maximum of thirty (30) minutes beyond the end of your Slot;
- In the case of cold food items, items may be stored by any Outlet, chilled until the close of business the day the items were due to be collected.
On expiry of the retention periods set out above, or in the event that sufficient storage space/facilities are not available to store items from your order, uncollected items shall be promptly disposed of. The University accepts no responsibility or liability for uncollected orders disposed of following expiry of your Slot, and under no circumstances shall you be entitled to any refund or replacement in respect of such items. You acknowledge and agree that the majority of items prepared at each Outlet are prepared to order and are intended for consumption immediately. You understand that the quality and freshness of food items stored for the retention periods set out above, may not be of the same standard as they might have been had the items been collected and consumed immediately. The University accepts no responsibility or liability for any deterioration in product standards attributable to any extended delay in collection.
- FEEDBACK: In the event that you have any feedback, question or any complaint regarding using the DU Click & Collect Service, your order or your dining experience at any Outlet please let us know by emailing Durham University Catering at email@example.com.
- LIABILITY: Nothing in these terms and conditions excludes or limits the University’s liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for the University to exclude or restrict its liability.
The University is under a legal duty to provide you with products that are in conformity with the terms applicable to your order. Nothing in these Terms and Conditions affects your statutory rights. Subject to the preceding sentences in this Clause 10, the University’s maximum liability to you under these Terms and Conditions shall be limited to the value of the order from which such liability may have arisen.
The Outlets only supply Products for domestic and private use. You agree not to use any products purchased via the DU Click & Collect Service for any commercial or business purposes and the University shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in association with the same.
- ENTIRE AGREEMENT AND CHANGES TO THESE TERMS AND CONDITIONS: The University may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms and Conditions applicable at the time of your order will be applicable to that order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the DU Click & Collect Service. In placing an order for collection from any Outlet and by entering any Outlet to collect your order, in addition to these terms and conditions, you hereby accept and agree to follow and be bound by any additional rules, terms and conditions that may be displayed by written notice outside or within any Outlet from time to time, including but not limited to those designed to limit the spread of COVID-19 such as those requiring face coverings, hand sanitation and the practice of social distancing while collecting your order. At all times, the University reserves the right to eject or refuse admission to any individual who fails to, or refuses to comply with any reasonable rule, term and/or condition displayed inside or outside any Outlet, or with any reasonable request or instruction given by any member of any Outlet staff. In the event that acting reasonably, the University refuses you admission to any Outlet or is forced to eject you for non-compliance with any rule, term and/or condition applicable to use of such Outlet, in accordance with the preceding paragraph, you shall be unable to collect your order, and the University shall be under no obligation to issue you with a refund.
- Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- In the event that the University fails to insist that you perform any of your obligations under these Terms and Conditions, or does not enforce its rights against you, or if the University delays in doing so, that will not mean that the University has waived its rights against you and will not mean that you do not have to comply with those obligations.
- These Terms and Conditions are governed by English law. This means that your access to and use of the using the DU Click & Collect Website and any dispute or claim arising out of or in connection therewith will be governed by English law.
- You can bring proceedings in respect of these Terms and Conditions in the English courts.