Terms and Conditions
These Terms and Conditions are the standard terms for the provision of catering services to customers by Tonio’s Pizzeria Ltd, a limited business incorporated in England under number company number 16321643, whose registered address is 17 Sandstone Drive, Kemsley, Sittingbourne, Kent, ME10 2PP (“the Caterer”)
1.1 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications, whether sent by e-mail or other means.
1.2 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Each reference to the singular number shall include the plural and vice versa.
1.5 Each reference to any gender shall include any other gender.
1.6 References to persons shall include corporations.
2. Information About Us
2.1 We may be contacted by email at info@tonios.co.uk, and our contact number is 07378 562779.
2.2 Services consist of the mobile preparation and supply of pizzas and related items from our catering vehicle in accordance with the package selected on the Order Confirmation. (‘Catering Services’).
3. The Catering Services
3.1 We shall provide the Catering Services to You using reasonable skill and care consistent with best practices and standards in the catering market.
3.2 The package or bespoke option selected at booking forms the basis of the Contract. Any request to vary menu items, quantities or service style must be made no later than 14 days before the Event and is subject to availability. We reserve the right to adjust pricing to reflect the change and will confirm this before acceptance.
3.3 Where circumstances beyond our reasonable control require us to alter menu items, ingredients or service arrangements, we may substitute these with suitable alternatives of equal or similar quality. Where reasonably practicable, we will inform you in advance, but we shall not be liable where advance notice is not possible.
4. Price and Payment
4.1 Before We begin providing the Catering Services, You will be required to pay a non-refundable Deposit of 25% on account of the Total Price. The due date for payment of Your Deposit is within 7 days of receiving the invoice.
4.2 The balance of the Total Price will be payable 14 days prior to the event date.
4.3 You agree to the adjustment of the remaining balance to accommodate and reflect the final number of guests and final menu choices.
4.4 We accept payment in GBP in the following methods of payment: BACS payments to the account listed on the invoice.
4.5 If payments are not made by the due date, We reserve the right to suspend all services until payment is received and refuse to proceed with Event preparations, including purchasing stock and allocating event time.
4.6 Time shall be of the essence for payments under the Contract. If You fail to make any payment on its due date then We shall, without prejudice to any right which We may have pursuant to any statutory provision in force from time to time, have the right to charge You interest on any sums overdue until payment is made in full, both before and after any judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force as well as any applicable statutory compensation.
4.7 We reserve the right to charge an administration fee of £15 for each reminder or communication issued in relation to any overdue invoice. This fee represents a genuine pre-estimate of the administrative costs incurred in pursuing late payment and is payable in addition to the outstanding sums and any statutory or contractual interest that may be due.
5. Details relating to the provision of the Catering Services
5.1 If We require any information or action from You in order to provide the Catering Services, We will inform You of this as soon as is reasonably possible.
5.2 Should the information or action needed from you under Clause 5.1 be delayed, incomplete, or inaccurate, any resulting delays will not be our responsibility. If additional work is necessary on our part to rectify or compensate for mistakes arising from incomplete or inaccurate information or actions on your part, we reserve the right to charge you a reasonable additional fee for such work.
5.3 It is your responsibility to inform us of all dietary requirements no later than 2 weeks before the event date. We are not responsible for issues arising from dietary information that has not been provided accurately and within the required timeframe. Please ensure that you provide us with accurate and timely information regarding any dietary restrictions or preferences you may have.
5.4 We follow all relevant HACCP guidelines at all stages of food preparation, including, but not limited to, production and handling.
5.5 We will attend the Event location and provide the Catering Services at the time stated in the Order Confirmation, subject to access and site conditions.
5.6 You must ensure adequate vehicle access, suitable space, safe ground conditions and any permissions required for us to trade. If we are unable to operate safely or legally, we may withdraw from the Event and retain sums paid.
5.7 Where access is delayed or trading is interrupted by the venue, weather or third parties, service time will be reduced accordingly and we are not liable for any resulting reduction in pizzas served.
5.8 We cannot guarantee that all guests will be served within a particular timeframe.
5.9 Responsibility for food passes to the guest once handed over.
5.10 Our till records are conclusive evidence of sales. Where the agreed minimum spend is not reached, the host must pay the shortfall immediately at the Event.
6. Problems with the Catering Services
6.1 It is Your responsibility to make Us aware of any food allergies, intolerances, or dietary restrictions of any of Your guests, including those undergoing allergy testing, at least 2 weeks prior to the event. These MUST be recorded on the Order Confirmation to ensure that a suitable meal can be prepared separately from other food items.
6.2 Our food is prepared in a mobile kitchen where allergens are present, and we cannot guarantee the absence of cross-contamination.
6.3 You are responsible for supervising children and vulnerable persons near the catering vehicle.
6.4 We will then use reasonable efforts to remedy any such problem with the Catering Services as quickly as is reasonably possible and practical.
6.5 We will not charge You for remedying a problem under this Clause where the problems have been caused by Us, or by any of Our agents, employees or sub-contractors. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, Clause 5.2 will apply, and We may charge You for remedial work.
6.6 We reserve the right to suspend or terminate services immediately if guest behaviour is disruptive, abusive, or poses a risk to Our staff or the safe execution of the Event. In such cases, no refund will be provided.
6.7 We may limit production to our maximum operational capacity.
7. Insurance
7.1 We shall ensure that We have in place at all times appropriate public liability insurance in order to provide the Catering Services. Our public liability insurance covers risks directly arising from our negligence while providing services.
7.2 It is Your responsibility to ensure the venue complies with all relevant health and safety standards, including fire and food safety regulations.
8. Liability and Indemnity
8.1 Except in cases of death or personal injury resulting from Our negligence, or instances of fraud or fraudulent misrepresentation, Our liability shall not exceed the total sums paid by you under the Contract. We shall not be liable for any loss of profit, loss of anticipated savings, or any indirect, special, or consequential loss. This limitation applies to any negligent or innocent misrepresentation, implied warranty, condition, or other terms, as well as any express term of the Contract, or negligence or other duty at common law. We are not liable for any such losses, damages, costs, expenses, or claims arising from the acts or omissions of Us, Our agents, employees, subcontractors, or any other party in connection with the Contract or your use of the Catering Services provided for the Event.
8.2 You agree to indemnify Us against any damages, costs, or claims arising from damage to Our equipment or third-party equipment provided for the Event caused by You, Your guests, or any third party under Your control.
8.3 If We are providing Catering Services on Your property and We cause any damage, We will repair or compensate for the damage at no additional cost to You. We are not liable for any pre-existing faults or damage that We discover during the provision of services.
9 Confidentiality
9.1 Each party shall keep confidential any non-public commercial or technical information obtained from the other in connection with the Event and shall not disclose it to any third party except where required by law or with written consent.
10 Force Majeure
10.1 We are not liable for delays or failure to perform under the Contract due to causes beyond Our reasonable control (“Force Majeure”), including but not limited to power failures, industrial action, civil unrest, natural disasters, acts of terrorism, war, governmental action, pandemics, or similar events.
10.2 We will notify You in writing as soon as a Force Majeure event occurs, including its expected duration and impact on Our obligations.
11 Term, Cancellation and Termination
11.1 The Contract shall come into force on the date of the Order Confirmation and shall continue from that date, subject to the provisions of this Clause and Clause 10.2.
11.2 You may cancel this Contract at any time with immediate effect by providing Us with written notice that specifically refers to this Clause 11.2. This is in addition to any other rights You may have to cancel under other parts of this Contract. However, if You choose to cancel under this Clause, the following conditions will apply:
11.2.1 The Deposit is non-refundable under all circumstances; and
11.2.2 If You cancel the Event after the cooling-off period, and depending on how close the cancellation is to the Event date, the following charges will apply:
a) Less than 1 week before the Event: 75% of the Total Price will be payable.
b) Between 1 and 2 weeks before the Event: 50% of the Total Price will be payable.
c) More than 2 weeks before the Event: 25% of the Total Price will be payable.
11.2.3 any additional costs reasonably incurred by Us in cancelling any arrangements connected with the Event shall be paid by You on demand.
11.3 Notwithstanding Clause 11.2, either Party may immediately terminate the Contract by giving written notice to the other Party if:
11.3.1 any sum owing to that Party by the other Party under any of the provisions of the Contract is not paid within 5 Business Days of the due date for payment;
11.3.2 the other Party commits any other breach of any of the provisions of the Contract and, if the breach is capable of remedy, fails to remedy it within 30 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
11.4 If we terminate this Contract before completing the services, we take full responsibility but have limited liability up to the amount paid under the contract. We will refund you the full amount paid up to the termination date.
11.5 If the Event is postponed by You, we may, at our discretion, agree to reschedule the Catering Services for a later date. However, You will be responsible for any additional costs incurred, including but not limited to ingredient sourcing, preparation, or third-party cancellations. Rescheduling is subject to Our availability and must be agreed upon in writing.
11.6 For any cancellation or postponement, non-refundable costs already incurred will be deducted from any refund provided.
11.7 14-Day Cooling Off Period (Consumer Transactions only)
i. If You are a consumer entering into a business transaction with Us and the contract is not formed on Our premises, You have the right to cancel within a 14-day cooling-off period, starting from the date the contract is formed, without giving a reason and you are entitled to a full refund of the amount paid.
ii. If You request that We begin providing services during the 14-day cooling-off period, You must confirm this request in writing. By doing so, You acknowledge and agree that:
a) You waive Your right to cancel the contract under the 14-day cooling-off period once the services have been fully performed.
b) If You cancel after the services have partially been performed, You will be responsible for paying for the proportion of services already provided up to the point of cancellation.
iii. If you wish to cancel the contract between us, you should inform Us in writing without delay. We must receive the cancellation before the end of the 14-day period.
iv. If You cancel the contract after the 14-calendar day cooling-off period has expired, please refer to Clause 11.2 above.
v. Please note that the cooling-off period applies only to business-to-consumer transactions and not to business-to-business agreements.
12 Effects of Termination
Upon the termination of the Contract for any reason:
12.1 any sum owing by either Party to the other under any of the provisions of the Contract shall become immediately due and payable;
12.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain in full force and effect;
12.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Contract which existed at or before the date of termination.
12.4 subject as provided in this Clause 12 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
12.5 each Party shall immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
13 How We Use Your Personal Information (Data Protection)
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Our website.
14 No Waiver
No failure or delay by either Party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
15 Complaints
15.1 We value your satisfaction and welcome any feedback you have regarding our services. If you have any complaints or concerns, please contact us as soon as possible (our contact information is in Clause 2). We are committed to addressing your issues promptly and finding a satisfactory resolution. Your feedback is invaluable in helping us improve our services.
15.2 We request that you refrain from posting any negative reviews on social media or online platforms until the matter has been investigated and resolved. Should you post such reviews before we have had the opportunity to fully address your concerns and we are required to seek legal advice to defend against such actions, whether vexatious or otherwise, You agree to reimburse Us for any legal fees incurred in defending such claims.
16 Assignment and Sub-Contracting
16.1 We may transfer (assign) our obligations and rights under the Agreement to a third party (this may happen, for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the Agreement will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under the Agreement without our express written permission (such permission not to be unreasonably withheld).
16.3 Obligations are undertaken by Us through any other member of Our team or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Contract, be deemed to be Our act or omission.
17 Relationship of the Parties
Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Contract.
18 Use of Event Photographs
19 We may take photographs of the event, including the setup, food, and general atmosphere, to use for promotional purposes on our website, social media platforms, and other marketing materials. We will ensure that these photographs do not identify you, your guests, or the event location without prior consent.
20 If you prefer to opt out of having event photos used for promotional purposes, please notify us in writing prior to the event. If no such notification is received, you agree to allow us to use the photographs as described above.
21 Third Party Rights
No part of the Contract is intended to confer rights on any third parties, and accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
22 Notices
22.1 All notices under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
22.1.1 Notices shall be deemed to have been duly given:
22.1.2 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
22.1.3 when sent, if transmitted by e-mail and a successful return receipt is generated; or
24.1.4 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.
In each case, notices shall be addressed to the most recent address or e-mail address notified to the other Party.
23 Entire Agreement
23.1 The documents comprising the Contract contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
23.2 Each Party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the documents comprising the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
24 Severance
In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.
25 Dispute Resolution
25.1 In the event of a dispute, we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees are to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.
25.2 The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause shall be final and binding on both Parties.
26 Law and Jurisdiction
28.1 The Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
28.2 Subject to the provisions of Clause 25, any dispute, controversy, proceedings or claim between the Parties relating to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
