1. About these terms and conditions
1.1 This page is to inform you of the terms and conditions on which we supply Food Birmingham cards and of what is means for you as a member of Food Birmingham. Please read and understand all of our terms and conditions before purchasing a Food Birmingham card and becoming a member of Food-Birmingham.
All terms and conditions are found at our website www.foodbirmingham.co.uk where you can print off your own copy for your own reference.
1.3 We reserve the right to amend these terms and conditions and notices will be given to these changes.
2. Information about us
2.1 We are Food Birmingham Limited.
3. Your status
3.1 You warrant that by purchasing a Food Birmingham membership, that you at least 18 years old and are legally capable of entering into biding contracts.
4. How the contract is formed between us
4.1 You will receive an email that confirms your membership with us after purchasing a Food Birmingham Card online. All orders can be rejected by us at any time; the contract between us will only be formed online when we dispatch the confirmation.
5.1 Your membership will last 12 months from confirmation date.
5.2 Your membership will cease after these 12 months and to become a member with Food Birmingham again you will need to re-purchase a card.
6. Your rights as a customer
6.1 once purchasing you will have a 14 day cooling off period where you can cancel for free your membership.
6.2 To cancel your membership you must write to us at firstname.lastname@example.org.
During this 14 day cooling off period you will be entitled to a full refund of the price at which you purchased a card.
6.3 We do not provide any refunds after the expiry of the cooling off period.
7. Online purchases
7.1 When membership is purchased online, you will receive all documentation within 30 days of confirmation unless there are any exceptional circumstances and we will be in contact to explain this is the situation.
7.2 If you do not receive a confirmation email within 5 days of purchasing an online order. Please contact us to request another. This email will confirm all information regarding you and where the card will be sent to. If you do not request a new confirmation email or amend any wrong information, we will not be responsible for any incorrect information we use when sending out your membership.
8 price and payment
8.1 purchases can be made online through debit or credit card. Purchases face to face can be cash or card payment.
8.2 prices are liable to change at any time.
8.3 cost of replacement card is £10
9. Use of membership and notice to participate restaurants
9.1 on presentation of your Food Birmingham card participating restaurants will offer a discount of their discretion. This is represented on the website but deals can change at any time.
9.2 Participating restaurants may exclude any days of the week, this may also exclude Fridays, Saturdays, all of December and bank holidays. Please check our website for information of use of your card to each specific restaurant.
9.3 please call participating restaurants to confirm you will be using your Food Birmingham card. If an advance booking is not made mentioning Food Birmingham, restaurants may refuse discount at their discretion.
9.4 offers advertised on our site are only available to members who present their Food Birmingham card. Such offers are not available in conjunction with any other offers that participating restaurants may be running which may include set menus or any other menus other than the standard a la carte menus
9.5 expiry date of each Food Birmingham card will vary and will always be checked at each restaurant. Expired cards are not accepted by any restaurants. Memberships are strictly non- transferable and can only be used by named members and their dining partners, up to the limited specified by participating restaurants on our website. Any attempted misuse of Food Birmingham card may result in confiscation.
9.6 we will use reasonable endeavours to update our site to show the particulars of participating restaurants and the terms of their availability for participation in the club. Participating restaurants may, however , be entitled to withdraw from the club or change the terms and conditions of their availability after you become a member and we shall have no liability for such withdrawals or changes in terms and conditions or availability.
9.7 Members will have benefit of any additional restaurants that join Food Birmingham at a later date.
9.8 Our printed marketing material is intended as a guide of restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants all at one time.
10. Our Liability
10.1 Subject to clause 10.3 we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories;
10.2.1 Loss of income or revenue:
10.2.2 Loss of business
10.2.3 Loss of profits
10.2.4 Loss of anticipated savings
10.3 Nothing in this agreement excludes or limits our liability for
10.3.1 Death or personal injury caused by our negligence
10.3.2 Fraud or fraudulent misrepresentation
10.3.3 Any breach of the obligations implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods and services act 1982: or
10.3.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
10.4 Where you purchase food from any participating restaurant, any losses or liability arising out of, or in connection with, such food shall be the relevant participating restaurants liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants. We will not become involved in any disputes between you and any restaurant.
10.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
11.1 We will mainly be in contact with you through email. We will not send you marketing material if you do not wish to receive updates.
11.2 We will contact you 2 weeks before the end of your contract with Food Birmingham to see if you want to renew your membership. This may be through email or a telesales marketing call.
12.1 Failure by us to enforce any of the terms and conditions will not prevent us from subsequently relying on, or enforcing them.
13. Third Party rights
13.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the contracts (rights of third parties) act 1999.
Name of company
Food Birmingham Limited
81 Dugdale Crescent