Please read the following important terms and conditions before you buy anything or you make a booking on our website or by telephone and check that they contain everything you want and nothing that you are not willing to agree to.
These terms and conditions set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
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About us
- We are River Exe Cafe Ltd (trading as The River Exe Café) a company registered in England and Wales under company number: 08000379. Our registered office is at: 28 Alexandra Terrace, Exmouth, EX8 1BD. Our VAT number is: 139867166.
- Our website is https://www.riverexecafe.com/.
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How to contact us
- You can contact us by sending an email to [email protected] or calling us on +44 1395 620022.
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These terms
- These terms apply to any bookings or reservations for our floating café restaurant (dining services), our water taxis (water taxi service), private hire of our boat and restaurant (private venue hire) or any purchases you make on our website or via telephone. Please read these terms carefully before you place any orders on our website, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you make a booking or reservation or place your order.
- These terms apply to consumers only. For the purposes of these terms, you are a ‘consumer’ if you are making a booking or buying goods from our website or via telephone as an individual for purposes wholly or mainly outside of your trade, business, craft or profession.
- You are a ‘business customer’ if you are making a booking or buying from our website or via telephone for purposes relating to your trade, business, craft or profession and if you are making a booking or purchasing goods or services on our website or via telephone as a business customer you must contact us (using one of the methods at clause 2 above) to request our online terms and conditions of business for business customers.
- Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to The River Exe Café, and any reference to ‘you’ or ‘your’ is to the person making a booking or placing an order on our website or via telephone.
- You must be at least 18 years old and a resident of the UK to place an order on our website.
- We may make changes to these terms at any time. However, the terms which apply to your booking/reservation or order will be those in force at the time you submitted your booking or reservation request or order to us.
- Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
- Your use of our website is governed by our Website Terms of Use and our Acceptable Use Policy.
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Your privacy and personal information
- Our Privacy Policy is available here.
- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy and our Cookie Policy, which explain what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
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Orders for goods
- You may place an order for goods via our website by following and completing the check-out process, or by contacting us by telephone to place your order.
- When submitting an order online, please check your order carefully and correct any errors before you submit it to us.
- After you place your order for goods, we will send you an acknowledgement email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy goods from us on these terms.
- Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
- If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the goods, then we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
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Orders for services
- You may place an order for services (such as dining services in our café restaurant, water taxi services, entertainment nights in the café restaurant and private venue hire of the barge) by making a booking/ reservation or in the case of entertainment nights, by purchasing a ticket, online or via telephone.
- When submitting an order online, please check your order carefully and correct any errors before you submit it to us.
- When making a booking for dining services and / or our water taxi service please read our booking and reservations terms and conditions. Any booking or reservation made online or via telephone shall be subject to these terms and conditions and in addition, the bookings and reservations terms and conditions.
- If you wish to purchase tickets for one of our entertainment nights (such as our pirate party or live music nights) then you can do so by contacting us by email on [email protected], by telephone on +44 1395 620022, or alternatively by visiting us in-store. Tickets will be made available for purchase in advance and will be advertised on our website https://www.riverexecafe.com/, on our facebook page @riverexecafe, instagram page @riverexe.cafe, and in-store. Tickets will be priced per event and shall include entertainment, return water taxi and food and/ or drink as described in the promotion for the event. Any additional food or drink ordered by you on the evening will be additional and charged to you separately on the evening. The ticket price is payable in full up front and is non-refundable unless we cancel the event.
- If you wish to book our barge for private venue hire (for a wedding or other occasion) please contact us on: [email protected] or telephone us on +44 1395 620022 for further information.
- When you complete and submit your booking, this constitutes an order by you for services and your order is an offer to buy services from us on these terms and any other applicable terms (eg the booking and reservations terms and conditions). This does not mean that your order has been accepted by us.
- Acceptance by us of an order for services takes place when we send you a booking confirmation email, at which point a legally binding contract is formed between you and us on these terms. If we accept your order, we will send you a booking confirmation email following completion of your booking online or via telephone. In the case of entertainment nights, we will also send you your ticket by email along with the email confirmation.
- If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, then we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
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Availability
- All orders are subject to availability.
- We cannot guarantee that any goods or services will be available at any given time. We also cannot guarantee that access to/ use of our online payment system and our online bookings and reservations system will be uninterrupted, error free or secure. For example, you may not be able to submit an order for goods or make an online booking for our café restaurant or water taxi while we carry out maintenance on our website or for other technical reasons.
- In certain circumstances beyond our reasonable control (as set out below), it may be necessary (as decided by us in our sole discretion) to close the café restaurant temporarily and to suspend supplying dining services, water taxi services and venue private hire services as well as certain goods. If this happens and it affects your order or booking, we will notify you by telephone or by email, and we shall cancel or reschedule your order or booking and:
- in respect of any affected services, either cancel your booking and provide you with a refund of any advance payments made by you for any affected services that have not yet been provided, and in the case of venue hire, less any costs incurred by us up to that point including but not limited to staffing costs, consumables, bespoke decoration and hosting eg food and wine tasting in preparation for the private venue hire, or reschedule your booking to a future time and date as agreed with you in which case any advance payments made by you shall be retained by us for use against the rescheduled booking; and
- in respect of any affected goods, provide you with a full refund (including any delivery costs, if applicable) or alternatively, agree a future time and date for delivery (as agreed with you) of the goods in your order.
- We shall not be responsible for delays, damages, loss, increased costs or other unfavourable outcomes arising by virtue of such circumstances as set out in clause 7.3.
- As a result of the impact of an epidemic or pandemic (such as COVID 19) it may be necessary for us to reduce the number of attendees at a private venue hire event such as a wedding. In these circumstances, unfortunately you will not be entitled to cancel your agreement but we may be able to offer some reduction to the agreed fee or alternatively reschedule the venue hire for an alternative date to be agreed by you and us. Such matters shall be dealt with on a case by case basis taking into account the circumstances at the time. Please see further our Private Venue Hire Terms and Conditions.
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Making changes to your order
- If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order or booking.
- If you wish to modify a booking for dining and water taxi services, by changing the time, date or number of guests on the booking, you can use the hypertext link in the confirmation email sent to you, or alternatively you can contact us directly using one of the contact methods set out at clause 2.1 above. Please have your booking reference to hand when contacting us to cancel or modify your booking. Please also see our Booking and Reservations Terms and Conditions for further information regarding making changes to your reservation and in particular regarding increasing and decreasing the number of guests per reservation.
- If you would like to make changes to a booking for private venue hire, please contact us as soon as possible (using one of the methods set out at clause 2.1) with details of the changes in order that we may see if we can accommodate your changes.
- Unfortunately we are unable to change your ticket for an entertainment night as we have limited availability and each night is a different offering.
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Descriptions
- Descriptions of our goods and services are set out on our website. Please read the descriptions carefully.
- Any pictures and images provided on the website, including pictures of packaging, are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
- We cannot guarantee that the colours displayed on your device will match exactly the appearance of your goods. The colours of the goods displayed on our website may vary depending on what device you are using and your settings.
- All weights, sizes and measurements set out on our website are as accurate as possible but there may be a small tolerance of up to 5 %.
- Entertainment nights are described in the promotions advertising the nights on our website and facebook page, which include details of the evening’s entertainment, water taxi times, food and/or drink included and the ticket price.
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Delivery of goods
- We will deliver your goods to the address specified by you when you placed your order.
- We use Royal Mail Signed For 2nd Class service for delivery of goods. If no one is available to take delivery, Royal Mail will either post an attempted delivery notification through your letterbox with information on how to re-arrange delivery or they will follow the delivery instructions provided by you if they email/text you ahead of delivery with delivery options (eg leaving it in a specified safe location or delivering it to a neighbour or nearby business) in which case they will leave a notification or send you an email you to let you know where your package has been left.
- If a further delivery attempt is unsuccessful or if our delivery service provider is unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the goods (but not the delivery charge).
- Please examine the goods upon delivery and notify us of any fault or damage as soon as reasonably possible.
- Once your order has been delivered to your address or in accordance with the delivery instructions you provided, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.
- Delivery of your order is also subject to the terms set out in our Delivery, Cancellations and Returns Policy which can be accessed here.
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Delivery dates and costs
- For information on delivery options and costs, please see our Delivery, Cancellations & Returns Policy You will be given available delivery options when you place your order. We do not deliver to any address outside of the UK.
- Your goods will be delivered on the selected delivery date or within the delivery period specified, when you placed your order. We will usually deliver your order within 7-14 days of the order confirmation email unless otherwise agreed between you and us.
- Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
- We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, inclement weather, accidents or unpredictable traffic delays).
- Where delivery is delayed and it is our fault, the provisions of clause 19 shall apply.
- Please refer to our Delivery, Cancellations and Returns Policy for further information regarding delivery.
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Providing services
- We will provide the dining services and/ or water taxi services at the time(s) and on the date(s) selected by you when you make a reservation/ booking online. Entertainment nights shall be provided on the time and date specified on your ticket. Private venue hire will be provided at the time(s) and on the date(s) agreed between you and us when you contact us to make your reservation
- The dining services will be provided at The River Exe Café. Water Taxis services will be provided between Exmouth Marina from the Visitors Pontoon outside The Point Bar, EX8 1XA (customer pick up spot) and the The River Exe Café. Private venue hire services will be provided at the floating barge and The River Exe Café.
- We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If we have to suspend any services there might be a delay before we can start or restart the services, and we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any suspension and/or delay caused by circumstances beyond our reasonable control (for example, inclement weather, accidents or unpredictable traffic delays). Please also refer to clauses 7.3 and 7.5 above.
- Where a suspension/delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the suspension of services is such so as to affect your reservation/ your order, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a full refund for any order placed or a refund of any advance payments made by you for any services that have not yet been provided, or alternatively we will agree a new date with you if that is feasible. Please also refer to clauses 7.3 and 7.5 above.
- We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to arrive on time at the water taxi customer pick up spot, at the café restaurant for dining for an entertainment night or at the The River Exe Café for private venue hire services on the time and date agreed by you and us at the time of booking, or you fail to provide us with adequate instructions or information to allow us to perform the services.
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Use restrictions
- Any goods and/ or services we provide to you are provided for your domestic and personal use only. You must not use our goods or services for commercial, business or resale purposes.
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Prices
- Prices for our goods and water taxi services are set out on our website. Prices for food and drink at the café restaurant can be viewed on our menus on the website. Prices for tickets for our entertainment nights shall be detailed in promotions for the entertainment nights on our website, on our facebook page and in-store and you can contact us using one of the methods set out clause 2.1 to make enquiries about specific events. For prices for private venue hire please contact us on [email protected] or telephone us on +44 1395 620022. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but in the case of goods, exclude delivery charges. For information on delivery costs please refer to our delivery, cancellations and returns policy.
- Prices for our goods and services, as well as delivery charges and service charges, may change at any time. Except as set out in clause 14.3 and 14.4 below, such changes will not affect existing orders.
- Please note the food menu on our website is a sample menu only and food offerings at our café restaurant on the day of your booking may differ from the sample menu and therefore the prices may differ also.
- If there has been an error on the website regarding the pricing of any of our goods or services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
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Payment
- We accept cash and most credit cards and debit cards. You can also pay by Apple Pay and Google Pay. We do not accept American Express cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
- Any goods you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.
- If you are dining with us, we require a card to be authorised for £40 per guest in case of a no show or violation of our booking policies. We will need this to be completed before we send you your booking confirmation email.
- If you are buying a ticket(s) for an entertainment night, the ticket price is payable in advance at the time of purchase. We will take this payment from your card before we send you the ticket and email confirmation.
- If you are buying private venue hire services from us, a deposit representing 10% of the agreed hire fee will be required to be paid upfront and at the time of making your booking. We will take this payment from your card before we send you your booking confirmation email. The balance of the hire fee shall be payable by you no later than 28 days prior to the agreed date for the venue hire. If after entering the agreement, any requests are made by you for additional goods and services to be made available on the venue hire date, the costs of such shall be agreed between us and shall be payable on or before the date of the venue hire.
- If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order/ made your reservation. If we are unable to contact you, we will cancel your order / reservation and notify you by email.
- If you are buying services from us the following payment terms apply in addition:
- Water taxi services - we will take payment for the full return fare at the time of customer pick up;
- Dining Services – we will take payment for your food and drinks at the Café Restaurant once you have finished your meal;
- Entertainment nights – ticket price is payable in advance upon purchase and covers the entertainment, return water taxi and food and/or drink as described in the promotion for the event. Any additional food or drink ordered by you on the evening shall be additional and charged to you separately on the evening;
- Private venue hire – we will issue you with VAT invoices for the agreed hire fee deposit and final balance at the appropriate times. The invoices will be sent to the email address you provided when you placed your order and must be paid by you within 5 days of receipt.
- If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 4% per year above the Bank of England’s base rate.
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Your cancellation rights
- Except in the circumstances listed in clause 16.2 and 16.3, you have the right to change your mind and cancel your order as follows:
- in respect of orders for goods, you have 14 days from the delivery date to cancel your order; and
- in respect of orders for services:
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for dining and water taxi services:
- you will have until 48 hours prior to the reserved time and date in your booking to either request a change to your reservation to a different time and date, or to cancel.
- if you cancel less than 48 hours prior to the reserved time and date in your booking, you will be charged a £40 per person cancellation fee; and
- for private venue hire: subject to clauses 7.3 and 7.5, you will have until 90 days prior to the agreed venue hire date to cancel your reservation and receive a full refund of your deposit. Should you cancel less than 90 days prior to the agreed venue hire date, your deposit will be non-refundable.
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- You do not have the right to cancel orders for perishable, bespoke or personalised goods. You also lose your right to cancel in the following circumstances:
- if you open, remove or break a protective or hygiene seal attached to any goods (eg you open/ break the seal on a bottle of our The River Exe Café Gin);
- if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period
- Tickets purchased for entertainment nights cannot be cancelled as they are non-transferable and non-refundable.
- To cancel your order, please email us at [email protected] or call us on +44 1395 620022.
- For dining and water taxi services booked via our booking system on our website, you may cancel by contacting us using one of the methods set out in clause 16.4 or alternatively you may click on the ‘cancel booking’ option in your order/ reservation confirmation email, and following the prompts thereafter. To help us process your cancellation more quickly, please have your booking reference number ready or include it in the email or cancellation form you send to us.
- Please see our delivery, cancellations and returns policy for further information on your right to cancel.
- Except in the circumstances listed in clause 16.2 and 16.3, you have the right to change your mind and cancel your order as follows:
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Refunds if you cancel your order
- If you exercise your right to cancel under clause 16, we will provide you with a refund within 14 days of receiving your cancellation notice, subject to clause 17.2.
- If you cancel an order for goods and have already received goods, we will issue the refund no later than 14 days after the day we receive the goods back from you.
- Your refund will be subject to the following deductions:
- delivery costs and return shipping costs;
- if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value; and
- We will issue your refund to the same payment method you used when you placed your order.
- If the right to cancel does not apply because of one of the circumstances listed in clause 16, you will not be entitled to a refund unless the goods or services are faulty or late (where it is our fault) in accordance with clauses 18 and 19 below.
- Please see our delivery, cancellations and returns policy for further information.
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Faulty goods or services
- Any goods that we provide to you must be as described, fit for purpose and of satisfactory quality. Any services that we provide to you must be provided with reasonable care and skill.
- We are under a legal duty to supply goods and services that are in conformity with our contract with you.
- During the expected lifespan of any goods that you have purchased from us, you are entitled to the following:
Up to 30 days: If your goods are faulty, you can get an immediate refund. Up to six months: If the goods cannot be repaired or replaced, then you are entitled to a full refund in most cases. Up to six years: If the goods do not last a reasonable length of time, you may be entitled to some money back. - This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 17 above and as per our delivery, cancellations and returns policy. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
- If there is a problem with any goods or services you have purchased from us, please contact us as soon as reasonably possible.
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Delay
- If we miss the delivery date specified by us in our confirmation email, you may cancel your order straight away if:
- we have deliberately refused to deliver the goods for any reason; or
- you told us before the contract between you and us was made that delivery by the agreed delivery date was essential.
- If you do not wish to cancel your order straight away (or do not have the right to do so under clause 19.1 you can give us a new deadline for delivery, which must be reasonable and which must be agreed by us, and if we are unable to meet the new deadline, you can cancel your order.
- If you do choose to cancel your order for late delivery in the circumstances set out in clause 19.1:
- you can do so for either all of the order or just part of the order (unless splitting up the goods in the order would significantly reduce their value);
- if any of the goods in the order have been delivered to you, we may ask you to return them to us, and we will pay the reasonable standard return postage costs (calculated on Royal Mail’s standard rate) incurred by you; and
- after you cancel your order we will refund any sums you have paid to us for the cancelled goods and their delivery.
- If we miss the delivery date specified by us in our confirmation email, you may cancel your order straight away if:
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Events beyond our control
- We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
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Our liability to consumers
- If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
- Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- Specifically, when you use our dining service you are wholly responsible for your personal belongings including clothing and any personal items you may have with you. We shall not be responsible for any stolen personal items, it is your responsibility to keep them safe and keep them by or on you. We shall not be responsible for any lost personal items or for damage caused to personal items in any situation unless we are at fault. If an incident happens during your visit to the café restaurant, and your personal items are lost or damaged and we are at fault, then we will reimburse you the cost of those items on a like for like basis taking into account the age of the item(s) and their condition immediately prior to the incident occurring. We will require proof of purchase of any such items showing the original cost and date of purchase.
- Specifically, when you use our water taxi service you are wholly responsible for your personal belongings including clothing and any personal belongings you may have with you. We shall not be responsible for any stolen personal items, it is your responsibility to keep them safe and by or on your person. We shall not be responsible for any lost personal items or for damage caused to personal items in any situation unless we are at fault. If an incident happens getting on or off the boat or during the journey and your personal items are lost or damaged and we are at fault, then we will reimburse you the cost of those items on a like for like basis taking into account the age of the item(s) and its/their condition immediately prior to the incident occurring. We will require proof of purchase of any such items showing the original cost and date of purchase.
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No third party rights
- No one other than us or you has any right to enforce any of these terms.
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Complaints
- We will try to resolve any issues with you quickly and efficiently. If you are unhappy with the goods you ordered or services we have provided to you, or any other matter, please contact us as soon as possible by emailing us at [email protected], writing to us at The River Exe Café, Unit 1, The Point, Pierhead, Exmouth, Devon, EX8 1FE, United Kingdom, or telephoning us on +44 1395 620022, setting out details of your complaint.
- If a complaint/ dispute cannot be resolved between us and you via exchange of communications or you are unhappy with the outcome of your complaint, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
- If you would like to pursue ADR, you will need to submit a complaint to Retail ADR (previously the Retail Ombudsman) in writing (at Retail ADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email ([email protected]) or by phone (+44 (0)20 3540 8063).
- If you do not wish to use ADR or you are unhappy with the outcome of ADR, you can still bring court proceedings.
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Governing law and jurisdiction
- The laws of England and Wales apply to these terms and conditions, and the relationship between you and us (whether contractual or otherwise), although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
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General terms
- You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
- If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
- If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
Thanks,
River Exe Cafe Ltd
Last updated 6th January 2024