These are the terms and conditions on which Basil Spice supply products to you,
whether in store or by phone, via our websites (www.basilspice.com).
Please read these terms and conditions carefully before ordering as these terms
will apply to any orders you place. We recommend that you print and retain a copy
for future reference.
By placing an order, you agree to be bound by these terms and conditions. If you
do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please call Basil
Spice before you place an order.
INFORMATION ABOUT US
Our site is operated by Choice Ruby Limited ("we", "our" or "us"). We are
registered in England and Wales under company number 09962664 at 2 Adams
Business Centre, Cranes Farm Road, Basildon, Essex, England, SS14 3JF.
Subject to minimum delivery spends, Stores offer a delivery service to certain
prescribed areas of Essex to ensure that our products are at their best when they
reach your door. If you live outside a prescribed delivery area, you will not be able
to have our products delivered to your door although you may collect any products
you order from your chosen Store.
For the safety of our drivers, a driver will only deliver to the main door/reception
when delivering to apartment blocks, flats or hotels.
You may only place orders if you are at least 18 years old. By ordering, you
warrant that you are at least 18 years old and you are legally capable of entering
into binding contracts.
If you place an order via our Site, you will be presented with confirmation on your
screen that your order has been received and accepted. Your contract is only
formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email
address, home address and telephone number you provide are correct and in
proper working order, as these are required to fulfil your order.
If you place an order in the Restaurant, your contract will be formed when you
receive your receipt of purchase.
All products are subject to availability. In most cases, you will be offered an
alternative for any out-of-stock item.
Stores are busy working environments and there is a risk of cross-contamination
between toppings. If you have an allergy we kindly ask that you do not order
online. Instead, please telephone the Restaurant and inform your order-taker
directly in full of your allergies.
We do have a number of options available for vegetarians which are indicated on
our menus. We also have procedures in place for making dishes that are suitable
for vegetarians however please note that we do not have a dedicated preparation
or cooking area in our stores for vegetarian food. If you are a vegetarian please
inform your order-taker who will do their best to ensure that any risk of cross-
contamination with your order is minimised.
Great care is taken in the preparation of all our products, however, we cannot
guarantee that all bones from meat products have been removed and some may remain.
Ground beef and chicken breast strips contain added water.
Some products may have been previously frozen.
Our breads are handmade to order with fresh dough. The images of our products
contained on our menus and Site are for illustrative purposes only. Although we try
our hardest to be consistent, at times, the size of the dishes can vary and
products you order may vary slightly from those images.
AVAILABILITY AND DELIVERY
We strive to maintain our excellent reputation for on-time delivery. However,
unfortunately, things do not always go to plan and factors such as the weather and
traffic conditions may occasionally prevent us from achieving this.
We will do our best to fulfil your order in accordance with the date and time
confirmed to you at the time of your order.
If your order is for delivery and you have requested delivery 'asap', we will do our
best to fulfil your order within a reasonable time of your confirmation email, taking
into account the volume of orders and circumstances facing the Restaurant at the
time. For a real time update of your order, please call the Restaurant for an update
of your order.
You have the right to cancel an order by telephoning until either:
● in the case of any advance order (which is/are order(s) placed more than one
day before a requested delivery date), up to one day before the order is due to
be delivered; or
● in the case of same day orders and deliveries, within a reasonable time prior to
any food being used to start preparing your order.
If you wish to cancel an order after food has been used to start preparing it, you
may, at the Restaurants discretion, be charged the full price of the order and no
refund will be due to you.
In the unfortunate circumstance that the Restaurant needs to cancel your order
after it has been accepted, the Restaurant will notify you. We reserve the right to
cancel any order, before or after acceptance, and will notify you immediately of
any such cancellation.
You will not be charged for any orders we cancel. Any payment made prior to an
order being cancelled by us will typically be reimbursed using the same method
originally used by you to pay for your purchase.
PRICE AND PAYMENT
Prices are as quoted on our menus, Site and Restaurant and may change from time
to time, although changes will not affect orders already placed (unless due to a
Payments, for orders placed via the Site and Restaurant, are made directly to us.
If we fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of the breach of these terms or negligence, up to
the amount of the purchase price you paid for the order applicable to your claim.
However, we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if it is an obvious consequence of a breach or if it
would reasonably be contemplated by you and us at the time of your purchase.
We only supply products for private and business use. You agree not to use any
product for commercial or re-sale purposes and we have no liability to you for any
loss of profit, loss of business, business interruption, or loss of business
We do not exclude or limit our liability for:
● death or personal injury caused by our negligence;
● fraud or fraudulent misrepresentation; or
● any liability which cannot legally be limited or excluded.
Applicable laws require that some of the information or communications we send
to you should be in writing. When using the Site, you accept that communication
with us will be mainly electronic. We will contact you by email or provide you with
information by posting notices on the Site. For contractual purposes, you agree to
electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
EVENTS OUTSIDE OUR CONTROL
We 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 by events
outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond both our reasonable control and includes in particular (without
limitation) the following:
● strikes, lock-outs or other industrial action;
● civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
● fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence,
epidemic or other natural disaster;
● impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport;
● impossibility of the use of public or private telecommunications networks;
● the acts, decrees, legislation, regulations or restrictions of any government; or
● non-performance by suppliers or subcontractors.
If we fail to insist that you perform any of your obligations under these terms and
conditions, or if we do not enforce our rights against you, or delay in doing so, that
will not mean that we have waived our rights against you or that you do not have to
comply with those obligations. If we waive a default by you, this will only be done
in writing, and will not mean that we will automatically waive any later default by
Each of the paragraphs of these terms and conditions operates separately. If any
court or relevant authority decides that any of them are unlawful or unenforceable,
the remaining paragraphs will remain in full force and effect.
We may transfer our rights and obligations under any contract with you to another
organisation, but this will not affect your rights or our obligations under these
terms and conditions. You may only transfer your rights or your obligations under
these terms and conditions to another person if we agree in writing.
These terms and conditions and any document expressly referred to in them
represent the entire agreement in relation to the subject matter of any contract
and supersede any prior agreement, understanding or arrangement between you
and us, whether oral or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to 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
will be subject to the policies and terms and conditions in force at the time that
you order, unless any change to those policies or these terms and 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 any of its terms and conditions.
LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with your order or their subject
matter or formation (including non-contractual disputes or claims) will be
governed by English law. Any dispute or claim arising out of or in connection with
such contracts or their formation (including non-contractual disputes or claims)
shall be subject to the non-exclusive jurisdiction of the courts of England and