iheanyi

Chef IHEANYI

            Terms and Conditions for

  • ONLINE RESTAURANT

  • COOKING CLASSES

 

ONLINE RESTAURANT

Definitions

  • “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
  • “Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
  • “you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Chef IHEANYI;
  • “we”, “us”, “our”, and “CHEF IHEANYI” are references to the Company;
  • “Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
  • “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
  • “Food Delivery” is a reference to perishable goods and to any form of delivery service.
  • “Website” is a reference to our Website https://www.chefiheanyi.com.ng or our mobile applications on which we offer our Goods or Services.

Ordering

  • Any contract for the supply of Food Delivery from this Website is between you and CHEF IHEANYI; for the supply of Goods or Services from this Website any contact is between you and CHEF IHEANYI. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  • Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
  • Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
  • When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
  • Any order that you place with us is subject to product availability, delivery capacity and acceptance by us. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
  • If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to CHEF IHEANYI. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
  • In the case that Goods offered by CHEF IHEANYI were ordered, CHEF IHEANYI will confirm availability together with or separately from Food Delivery.
  • The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Restaurant and confirm the price of the Food Delivery, Goods and Services ordered.
  • If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Prices and Payment

  • Any contract for the supply of Food Delivery from this Website is between you and us; for the supply of Goods or Services from this Website any contact is between you and CHEF IHEANYI. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  • All prices listed on the Website for Food Delivery by us reflect the price we charges at the time of listing. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
  • All prices for delivery by CHEF IHEANYI or a third party provider assigned by CHEF IHEANYI listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
  • The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
  • If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
  • All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by CHEF IHEANYI.
  • The entire amount of applicable taxes collected by CHEF IHEANYI is directly remitted and CHEF IHEANYI does not retain any amounts thereof
  • CHEF IHEANYI is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability. CHEF IHEANYI holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Restaurant.
  • The prices reflected on the website/mobile application are determined solely CHEF IHEANYI at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of CHEF IHEANYI
  • The transaction of sale of food or food items is between CHEF IHEANYI and the customer, and accordingly, CHEF IHEANYI is not liable to charge or deposit any taxes applicable on such transaction

Delivery

  • Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
  • If delivery is done by the CHEF IHEANYI, it is our sole responsibility to provide Food Delivery in a timely manner.
  • In the case delivery is done by CHEF IHEANYI, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by CHEF IHEANYI in either case.
  • All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated; however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact CHEF IHEANYI. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
  • In case of a late delivery, the delivery charge will neither be voided nor refunded by CHEF IHEANYI.
  • All risk in the Goods and the Food Delivery shall pass to you upon delivery.
  • If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
  • You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
  • CHEF IHEANYI, who will prepare your order, aim
    • to deliver the product to you at the place of delivery requested by you in your order;
    • to inform you if they expect that they are unable to meet the estimated delivery time.
  • CHEF IHEANYI shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
  • Please note that it might not be possible for CHEF IHEANYI to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;

Cancellation

  • You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If we accepts your cancellation, no cancellation fee applies. If we refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
  • We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
  • If the cancellation was made in time and once the we  have accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
  • In the unlikely event that we delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If we can only do a partial delivery (a few items might be not available), our staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery.

Information

  • Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
  • You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
  • You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  • Linked Sites: There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
  • Complaints: We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to eat@chefiheanyi.com.ng

Limitation of Liability

  • Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
  • By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from this Website.
  • We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
  • We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
  • We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
  • If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
  • The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
  • We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
  • In the event CHEF IHEANYI has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, CHEF IHEANYI may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, CHEF IHEANYI reserves the right to seek compensation from any and all violators.
  • Offers are subject to CHEF IHEANYI’s discretion and may be withdrawn at any time and without notice.

General

  • All prices are in Naira. VAT is included where indicated
  • We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
  • . We may alter or vary the Terms and Conditions at any time without notice to you.
  • Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or sometimes at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
  • Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
  • Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
  • The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
  • If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
  • These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Nigeria. The parties hereto submit to the exclusive jurisdiction of the courts of Nigeria.
  • No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
  • Customers placing order with CHEF IHEANYI are liable of receiving promotional SMS. If customer wish to not receive promotional SMS, they may contact us on eat@chefiheanyi.com.ng
  • These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Nigeria Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Nigeria Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
  • The voucher calculation is subject to CHEF IHEANYI’s discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
  • Any Service Fee/Delivery Fee charged by CHEF IHEANYI is subject to prevailing VAT Rates.
  • Rates under the VAT regime has recently been notified. The restaurants are currently examining the taxability of their supplies. CHEF IHEANYI hence, does not bear any responsibility on the taxes charged by the restaurant in the interim period.
  • Blacklisting of customers: CHEF IHEANYI reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to:
    • Unfair voucher use.
    • Using multiple logins from the same device.
    • For concerns regarding blacklisting, please reach us at eat@chefiheanyi.com.ng

 

 

 

 

 

COOKING CLASSES

Enrolment terms, conditions and warranties

  1. Your enrolment in a class is confirmed on receipt of full payment of your selected class, and subject to availability of positions at the time.
  2. Please note that class dates, times and fees are subject to change. However, should a change occur, Chef IHEANYI will make every effort to advise you with as much time and notice as possible.
  3. Participants are expected to attend their booked class. Any class email reminders are a courtesy only. Participants are responsible for their own attendance.
  4. Please read and familiarize yourself with our cancellation and refund policy before you book and pay for a class with Chef IHEANYI.

                                                                                                           

Contractual Warranties

  1. By booking a cooking class with Chef IHEANYI you agree to enter into a contract with Chef IHEANYI in which Chef IHEANYI agree to reserve a place for you in your selected class, and you agree to attend that class.
  2. By booking and paying for a class with Chef IHEANYI you agree to have read and accepted these terms, conditions and policies.

 

Safety Policy (Attendance at Classes)

Whilst Chef IHEANYI has made all efforts to ensure your safety, remember that participation in our classes will involve use of cooking appliances and utensils, and accidents can happen.

  1. As a participant in one of our classes, you understand and accept the inherent risks in the preparation and cooking of food at a cooking class, and it is understood and expressly agreed by you that by making payment for and/or by attending a Chef IHEANYI class, to the extent permitted by law, you release, indemnify and hold harmless Chef IHEANYI from any and all liability of whatsoever nature for any damage, harm and/or injury that may result from or is in connection with, your attendance and/or participation.
  2. Chef IHEANYI does not in any way promote or condone excessive drinking and/or drink driving. We encourage participants to make alternative travel arrangements to and from our classes, should they choose to consume alcohol during a class.

 

  1. Participants agree and acknowledge that by participating and/or attending a class, they do so at the express invitation of Salt & Company. Chef IHEANYI reserves the right to ask any participant to leave at any time in the event that their behavior, attitude and/or conduct is deemed by Chef IHEANYI to be disruptive, offensive to others, dangerous, reckless and /or harmful, in any way.

 

Cancellation and Refund policy 

  1. Please be aware that classes are non-refundable, but may be transferrable provided you satisfy the relevant terms and condition below.

 

  1. Without excluding any of your rights under the Nigerian Consumer Law, due to the costs of preparation for the running of each class, including the purchase of food and fresh produce, Chef IHEANYI are unable to offer a full refund if you have a ‘change of mind’, or if you are unable to attend the class for any other reason, such as illness or injury.

 

  1. If, however you do find you are unable to attend your class and provided you give Chef IHEANYI no less than 7 days’ notice before your scheduled class of your non-attendance, you may elect to;
  2. Transfer your booking to another class. Please note that a transfer fee of N5,000 applies, per person, per booking.
  3. Transfer your booking to another person (just email us their name, contact details, and dietary requirements).

 

  1. If you are unable to provide Chef IHEANYI with the requisite minimum of 7 days’ notice before your scheduled class, your booking will become non-transferable. In this circumstance you may elect to transfer your booking to another person (just email us their name, contact details and dietary requirements). Chef IHEANYI are confident you understand and appreciate the high costs of running the classes and that your reserved position in the class cannot be on-sold.

 

  1. In the unlikely event a class is cancelled by Chef IHEANYI, a future class will be offered or a full refund may be arranged. Chef IHEANYI accepts no liability for any inconvenience, or loss caused due to the cancellation of a class.