Dominos Pizza Gibraltar - Terms and Conditions

DOMINO’S GIBRALTAR - TERMS AND CONDITIONS OF SERVICE

Welcome to the www.dominos.gi and www.dominosgibraltar.gi website(s) (each a “Website” and together the "Websites"). This page (together with the documents referred to on it) sets out the terms and conditions on which Domino’s Gibraltar supply any of the products (the "Products") listed on the Websites to you. Please read these terms and conditions carefully before ordering any Products from the Websites. By accessing the Websites and placing an order you agree to be bound by these terms and conditions and the Terms of Use and Privacy Policy set out on the Websites.

If you have any questions relating to these terms and conditions please contact Domino's Gibraltar using our Contact Form before you place an order or call Us on [ (200) [ ].

If you do not accept these terms and condition please exit the Websites.

INFORMATION ABOUT US

The Websites are operated by Rock Foods Limited (trading as Domino's Gibraltar) ("Domino's", "We", "Our" and/or "Us"). Domino's Gibraltar is registered in Gibraltar under company number 111673 with its registered office at Suite 23 Portland House Glacis Road Gibraltar and business address at 1Y &Z Casemates Square, Gibraltar. Our store is located at 1Y & 1Z Casemates Square, Gibraltar (the “Gibraltar Store”). You can contact us using our Contact Form or call Us on [ (200) [ ].

As you may be aware, Domino's is a franchised business, owned and operated independently by Domino's Gibraltar as a sub-Franchisee of Grupo Zena Pizza, S Com.p.A (“GZP”) part of the "Domino's Family" (and by this we mean Domino's and any subsidiaries or holding companies of Domino's and each and any subsidiary of any holding company of Domino's, together with other Domino's Franchisees). We operate the Websites on behalf of Dominos’ Gibraltar only.

As a Domino's Franchisee, Domino’s Gibraltar is independently responsible for its own legal and regulatory compliance and for the operation of its own Store(s) and all compliance and other issues arising from any transactions with you and/or Products ordered by you from the Websites. This means that Domino's Gibraltar is solely liable for all products purchased at the Gibraltar Store.

PURPOSE

The purpose of the Websites is to provide a simple and convenient service to our Domino's Pizza customer, linking them directly to the Gibraltar Store. Our interactive menus allow customers to build and submit orders at the click of a button.

SERVICE AVAILABILITY

Domino's Gibraltar offers a delivery service throughout Gibraltar. Each Store has a prescribed delivery area. This is to ensure that the Products reach your door when they are at their best. If you live outside Gibraltar you will need to place an order with another member of the Domino’s Family with a store near you.

YOUR STATUS

  1. you are legally capable of entering into binding contracts; and
  2. you are at least 18 years old.

OUR STATUS

We may provide links on the Websites to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any products you purchase from third party sellers through the Websites, or from companies to whose website we have provided a link on the Websites, will be of satisfactory quality, and any such warranties are disclaimed by Domino's Gibraltar absolutely. This disclaimer does not affect your statutory rights against the other third party seller.

ORDERS

After placing an online order via the Websites, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted by Domino’s Gibraltar (the "Confirmation Screen").

The contract will be between you and Domino’s Gibraltar and will only be formed when you have been presented with the Confirmation Screen.

You should also receive a confirmation email. Please make sure the email address you provide 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 ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

All food preparation and deliveries are the sole responsibility of Domino’s Gibraltar.

We monitor our service very closely and it is of utmost importance to us that they comply with our Domino’s brand standards and help us to maintain Domino’s high won reputation. If you do have any questions, comments, complaints or praise regarding the Products shown or ordered on the Website we would very much like to hear from you and you should direct all communication to us using our Contact Form.

For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.

Minimum delivery spend may apply.

PRODUCTS

All Products are subject to availability.

We do not use nuts in our pizzas or side orders, however, some ingredients are produced in factories that handle nuts and some ice creams contain nuts. For full ingredient lists, nutritional and allergen information see [link to allergen table information] which is our nutritional information website.

The Gibraltar Store is a busy working environment and there is a risk of cross-contamination between toppings. If you have an allergy we kindly ask that you do not order online. In this scenario, please telephone us and inform your order-taker at the Store directly in full of your allergies.

Great care is taken in the preparation of all the Products, however, we cannot guarantee that all bones from meat products have been removed and some may remain. Olives may contain stones. Cooked ham is formed from cured pork legs with added water. Ground beef, chicken breast strips and smoked bacon rashers contain added water.

Most of our pizza bases are handmade to order with fresh dough. Although we try our hardest to be consistent at times the size and shape of the bases can vary.

ALCOHOL

You must be 18 years or older to purchase alcohol.

By placing an order that contains alcohol you confirm and represent to us that you are at least 18 years old.

Alcohol is available for purchase at select Stores only (participating stores).

Domino's Gibraltar can only sell alcohol during its permitted licensing hours. The purchase of alcohol at participating stores is at all times subject to availability.

Domino's Gibraltar operates a Challenge 25 policy and will ask for proof of age (i.e. your passport or identity card) if you are fortunate enough to look 25 years of age or younger. If Domino's Gibraltar is in any doubt about the age of the person placing or collecting an order that contains alcohol, or the person receiving a delivery of alcohol, or if Domino’s Gibraltar has any concerns in relation to the proof of age document shown Domino’s Gibraltar reserves the right not to sell or deliver the alcohol and a full refund (if applicable) will be offered in relation to the alcohol purchased.

If you have ordered alcohol but cannot be at home for the delivery, it is your responsibility to ensure that a suitable person of 18 years or older is available to take receipt of the order.

Domino’s Gibraltar will not sell or deliver alcohol to anyone whom they suspect of passing alcohol to under 18s.

Domino's Gibraltar endorses responsible drinking and does not offer incentives to customers to drink irresponsibly.

AVAILABILITY AND DELIVERY

Our goal is to provide the best pizza delivery service in Gibraltar and maintaining our excellent reputation for on-time delivery (i.e. delivering pizza at the time we quote). Unfortunately things do not always go to plan and factors, such as weather and traffic conditions, may occasionally prevent us from achieving this.

We will do our best to fulfil your order in accordance with the delivery date and time set out in the confirmation email or, if delivery is specified as asap, within a reasonable time from the time the confirmation email was sent taking into account the volume of orders and circumstances facing the Domino's Gibraltar 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 our Store up until either:

  1. in the case of any advance order (which is/are order(s) placed more than 1 day before a requested delivery date), up to 1 day before the order is due to be delivered; or
  2. in the case of same day orders and deliveries, within a reasonable time (usually just a matter of minutes) and, in any event, before any food has been used to start preparing the order.

Where an order is cancelled after food has been used to start preparing the order, Domino's Gibraltar may, at its sole discretion, classify this as a "Bad Order". Bad Orders will be charged to the customer and no refund will be due to the customer.

An order may be subsequently cancelled by Domino's Gibraltar, at its sole discretion, after you have been presented with the Confirmation Screen. Domino's Gibraltar reserves 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 cancelled orders made in accordance with these cancellation provisions. Any payment made prior to an order being cancelled by Domino's Gibraltar, in accordance with the above, will usually be reimbursed using the same method 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 may vary from time to time, except in cases of obvious error. VAT is not applicable in Gibraltar and therefore all Products are sold VAT free by Domino’s Gibraltar in its Gibraltar Store. Prices will vary between Stores. Price applicable for Half and Half pizzas using standard Domino’™s toppings will be based on the most expensive half and additional toppings will be charged as extra.

Prices are liable to change at any time, but changes will not affect orders placed where you 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 best efforts, some of the Products listed on our Websites may be incorrectly priced (either due to human or technical error). Domino’s Gibraltar will normally verify prices as part of the order process and the Domino’s Gibraltar’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 cash at the point of collection. We accept payment via Maestro, Visa Delta, Visa and MasterCard. We will 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 confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Domino's Gibraltar.

OUR LIABILITY

If We fail to comply with these terms and conditions We are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these terms and conditions or our negligence, strictly limited up to the amount of the purchase price paid by you for the Products you ordered at the time. However, Domino’s Gibraltar is not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from the Websites.

We only supply the Products for domestic, private and business use. You agree not to use any Product for any 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 opportunity.

Dominos’ Gibraltar does not in any way exclude or limit its liability for:

(a) death or personal injury caused by Domino’s Gibraltar’s negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 14 of the Sale of Goods Act (title and quiet possession);

(d) any breach of the terms implied by section 15 to 17 of the Sale of Goods Act as applicable (description, satisfactory quality, fitness for purpose and samples

TERMINATION

We reserve the right to decline a new registration, terminate your right to link to the Websites under these terms and conditions. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Websites you must cease linking to the Websites immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Websites you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Websites. For contractual purposes, you agree to this 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:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government (including without limitation frontier closure, partial closure or delays attributable thereto); or
  7. non-performance by suppliers or subcontractors.

WAIVER

If Domino’s Gibraltar fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if Domino’s Gibraltar fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by Domino’s Gibraltar of any default shall not constitute a waiver of any subsequent default.

No waiver by Domino’s Gibraltar of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).

SEVERABILITY

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unfair, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and 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 represent the entire agreement in relation to the subject matter of any contract and supersede any prior 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 any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Domino’s Gibraltar 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 will be subject to the policies and terms and conditions in force at the time that you order Product(s) from Domino’s Gibraltar, 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

Contracts for the purchase of Products through our Websites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Gibraltar 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 exclusive jurisdiction of the Gibraltar courts.