T’s & C’s
Terms and Condtions
Website & applications terms and conditions
Welcome to the https://bertos.ie website and mobile applications (together the“Websites and Apps”). This page tells you the terms and conditions on which Berto’sbranches supply any of the products (the “Products”) listed on the Websites and Apps toyou. Please read these terms and conditions carefully before ordering any Products fromthe Websites and Apps.
Acceptance of Terms
By using the online ordering system on our website, you agree tothese terms and conditions. If you do not agree to these terms, youshould not use the system.
Placing an Order
When you place an order through the Berto’s website or Apps, you are making an offer topurchase products or services. We reserve the right to accept or decline your offer for anyreason, including but not limited to product availability, errors in pricing, or failure to meetcredit card verification standards. The agreement will be between you and Berto’s Outletyou chose and will only be formed when you have been presented with the ConfirmationScreen.
You should also receive a confirmation email. Please make sure the email address youprovide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.
Incorrect personal details may lead to problems or delays in delivery, so please ensurethat you have included your correct address (including postcode), email address andcontact telephone number when ordering.
Minimum delivery spend may apply.
Payment
1. All prices on our website are in the currency specified on the website. We accept payment by credit card. Payment must be made in full at the time of the order.
Cancellation and Refunds
2. If you need to cancel or modify an order, please contact us as soon as possible. We maynot be able to cancel or modify an order once it has been processed. If we are unable to fulfil your order, we will issue a refund.
Delivery
3. We will make every effort to deliver your order in a timely manner. However, we are notresponsible for any delays that may occur. We will not be liable for any damages or lossesresulting from a delay in delivery.
Service availability
We do not accept orders from individuals who are outside of our delivery radius. Storeopening hours will vary depending on local trading conditions and the availability of lateopenings. To find a store and view its opening hours, please click on the ‘Locations’button for a list of branches. We reserve the right to cease online ordering at any time
Products
All Products are subject to availability. In most cases, your local Berto’s Branch /Franchisee will offer an alternative for any out-of-stock item.
The Stores are busy working environments and there is a risk of cross-contaminationbetween toppings. If you have an allergy we kindly ask that you do not order online. In this scenario, please telephone your chosen Store and inform your order-taker at the Storedirectly in full of your allergies.
Great care is taken in the preparation of all the Products, however, we cannot guaranteethat all bones from meat products have been removed and some may remain.
Availability and delivery
Our goal is to provide the best delivery service in the world which includes maintaining ourexcellent reputation for on-time delivery (i.e. delivering your food at the time we quote).Unfortunately things do not always go to plan and factors, such as weather and trafficconditions, may occasionally prevent us from achieving this.
We will do our best to fulfill your order in accordance with the delivery date and time setout in the confirmation email or, if delivery is specified as ASAP, within a reasonable timefrom the time the confirmation email was sent taking into account the volume of ordersand circumstances facing the Berto’s branch / Franchisee at the time.
We will inform you if we become aware of an unexpected delay.
Cancellation
You have the right to cancel an order by telephoning the relevant Store up until either:
a. in the case of any advance order (which is/are order(s) placed more than 1 day before arequested delivery date), up to 1 day before the order is due to be delivered; or
b. in the case of same day orders and deliveries, within a reasonable time (usually just amatter of minutes) and, in any event, before any food has been used to start preparing theorder.
Where an order is cancelled after food has been used to start preparing the order, theBerto’s Branch / Franchisee may, at its sole discretion, classify this as a “Bad Order”. BadOrders will be charged to the customer and no refund will be due to the customer.
An order may be subsequently cancelled by a Berto’s Branch / Franchisee, at its solediscretion, after you have been presented with the Confirmation Screen. Berto’s and theBerto’s Franchisee reserves the right to cancel any order, before or after acceptance, andwill notify you immediately of any such cancellation.
You will not be charged for cancelled orders made in accordance with these cancellationprovisions. Any payment made prior to an order being cancelled by Berto’s or a Berto’sFranchisee, in accordance with the above, will usually be reimbursed using the samemethod originally used by you to pay for your purchase.
Price and payment
The price of any Products will be as quoted on our Websites and Apps and may vary fromtime to time, except in cases of obvious error. Prices include VAT. Prices will vary betweenStores.
Prices are liable to change at any time, but changes will not affect orders placed whereyou have already checked-out and been presented with the Confirmation Screen (unless,due to a technical error, you have been overcharged for some reason). Despite our bestefforts, some of the Products listed on our Websites and Apps may be incorrectly priced(either due to human or technical error). The Store will normally verify prices as part of theorder process and the Store’s decision in relation to pricing is final and binding.
Payment for all Products can be by credit or debit card at the point of ordering or in cashat the point of collection. We accept payment via Maestro, Visa and MasterCard. If youare placing an order from the Republic of Ireland we also accept payment via Laser. Wewill charge your credit or debit card at the point of order.
Should you choose to pay by credit or debit card, once your order has been confirmedyour credit or debit card will have been authorised and the amount marked for payment.Payment is made directly to Berto’s and is subsequently passed on by Berto’s to theappropriate Berto’sFranchisee.
Our liability
If we and/or the Berto’s Franchisee fail to comply with these terms and conditions weand/or the Berto’s Franchisee are responsible for loss or damage you suffer that is aforeseeable result of our and/or theBerto’s Franchisee’s breach of these terms andconditions or our and/or the Berto’s Franchisee’s negligence, up to the amount of thepurchase price paid by you for the Products you ordered. However, we and/or theBerto’sFranchisee are not responsible for any loss or damage that is not foreseeable. Loss ordamage is foreseeable if it was an obvious consequence of our breach or if it wascontemplated by you and us at the time you purchased from the Websites and Apps.
We and the Berto’s Franchisees only supply the Products for domestic, private andbusiness use. You agree not to use any Product for any commercial or re-sale purposesand we have no liability to you for any loss of profit, loss of business, business interruption,or loss of business opportunity.
We, and/or the Berto’s Franchisees (as appropriate), do not in any way exclude or limit ourliability for:
a. death or personal injury caused by our and/or the Berto’sFranchisee’s negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title andquiet possession);
d. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979(description, satisfactory quality, fitness for purpose and samples); and
e. defective products under the Consumer Protection Act 1987.
Termination
We reserve the right to decline a new registration, terminate your right to link to theWebsites and Apps under these terms and conditions. If we consider there to be a risk ofliability or loss to us or the Berto’s Franchisees we may take any action deemed necessaryto prevent such a liability or loss from occurring.
If we terminate your right to link to the Websites and Apps you must cease linking to theWebsites and Apps immediately. We reserve the right to assign or sub-contract any or allof our rights and obligations under these terms.
Written communication
Applicable laws require that some of the information or communications we send to youshould be in writing. When using the Websites and Apps, you accept that communicationwith us will be mainly electronic. We will contact you by e-mail or provide you withinformation by posting notices on the Websites and Apps. For contractual purposes, youagree to this electronic means of communication and you acknowledge that all
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contracts, notices, information and other communications that we provide to youelectronically comply with any legal requirement that such communications be in writing.This condition does not affect your statutory rights.
Events outside our control
We and the Berto’s Franchisees will not be liable or responsible for any failure to perform,or delay in performance of, any of our obligations under a contract that is caused byevents outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accidentbeyond both our reasonable control and the reasonable control of the Berto’sFranchisees and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whetherdeclared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other naturaldisaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means ofpublic or private transport;
e. impossibility of the use of public or private telecommunications networks;
f. the acts, decrees, legislation, regulations or restrictions of any government; or
g. non-performance by suppliers or subcontractors.
Waiver
If the Berto’s Family fails, at any time during the term of a contract, to insist upon strictperformance of any of your obligations under any contract or any of these terms andconditions, or if the Berto’sFamily fails to exercise any of the rights or remedies to which itis entitled under the contract, this shall not constitute a waiver of such rights or remediesand shall not relieve you from compliance with such obligations.
A waiver by the Berto’s Family of any default shall not constitute a waiver of anysubsequent default.
No waiver by the Berto’s Family of any of these terms and conditions shall be effectiveunless it is expressly stated to be a waiver and is communicated to you in writing (emailcorrespondence will be permitted).
Severability
If any of these terms and conditions or any provisions of a contract are determined by anycompetent authority to be invalid, unlawful or unenforceable to any extent, such term,condition or provision will to that extent be severed from the remaining terms, conditionsand provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These terms and conditions and any document expressly referred to in them representthe entire agreement in relation to the subject matter of any contract and supersede anyprior agreement, understanding or arrangement between us, whether oral or in writing.We each acknowledge that, in entering into a contract, neither party has relied on anyrepresentation, undertaking or promise given by the other or be implied from anythingsaid or written in negotiations between us prior to such contract except as expresslystated in these terms and conditions. Neither party shall have any remedy in respect ofany untrue statement made by the other, whether orally or in writing, prior to the date ofany contract (unless such untrue statement was made fraudulently) and the other party’sonly remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
Berto’s has the right to revise and amend these terms and conditions from time to time.Any changes we make to these terms and conditions will be posted on this page. You willbe subject to the policies and terms and conditions in force at the time that you orderProduct(s) from a Berto’s Franchisee, unless any change to those policies or these termsand conditions is required to be made by law or governmental authority.
Third party rights
No one other than a party to these terms and conditions shall have any right to enforce anyof its terms and conditions.
Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arisingout of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arisingout of or in connection with such contracts or their formation (including non-contractualdisputes or claims) shall be subject to the non-exclusive jurisdiction of the courts ofIreland.
Intellectual property
Berto’s owns all intellectual property rights and copyright in theBerto’s Platform, websiteand Services (including with respect to functionality, content, text, graphics, logos andicons) and the software and other material underlying or forming part of the Platform,
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Services and/or website. You agree that you will not, in any manner or by any means,reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publishor create derivative works from any part of the Platform, website or Services, or attemptto commercialise, copy or sell any information or matters derived from the Platform,website or Services.
Berto’s does not claim any intellectual property rights over the material you upload orotherwise provide when utilising the Services. All such material remains yours. Byuploading images of and information describing your products you agree that otherinternet users can view the same and you agree that Berto’s may store and display themand may at any time review all content submitted by you utilising the Services.