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Terms and condition



Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please call us on +254 712754404.

Application

  1. These Terms and Conditions will apply to the order of the Food by you (the Customer or you). We are Wadani Delivery whose trading name is wadanidelivery.com a company registered in Ambouli, rue Nelson Mandela-Djibouti, with email address support@wadanidelivery.com; telephone number +253 77 67 12 13; (the Supplier or us or we).
  2. These are the terms on which we sell all Foods to you. By ordering any of the Food, you agree to be bound by these Terms and Conditions. Before placing an order on the Website/App, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only order the Food from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Customer means an individual ordering food delivery service from our restaurants via our web.wadanidelivery.com or wadanidelivery App.
  2. Contract means the legally-binding agreement between you and us for the delivery of the Food orders;
  3. Delivery Location means the Supplier’s premises or other location where the Food is to be delivered, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Food means the Food order advertised on the Website/App that we supply to you of the number and description as set out in the Order;
  6. Order means the Customer’s order for the Food from the Restaurant as submitted following the step by step order process set out on the Website/App;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website/App;
  8. Website means our website web.wadanidelivery.com on which the Food are advertised.

Food

  1. The description of the Food is as set out in the Website, App, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and quantity of the Food delivered.
  2. In the case of any Food made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Food which appear on the Website and A pp are subject to availability.
  4. We can make changes to the Food which are necessary to comply with any health requirement. We will notify you of these changes.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using call or e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Food in our website/App does not constitute a contractual offer to sell the Food. When an Order has been submitted on the Website/App, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website/App. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Food ordered only when you receive a call or an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of a call or an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Food supplied under the Contract.
  4. No variation of the Contract, whether about description of the Food, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Restaurant in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  1. The price of the Food and any additional delivery or other charges is that set out on the Website/App at the time of the Order or such other price as we may agree in writing.
  2. Prices and charges are subject to sales tax at the rate applicable at the time of the Order.
  3. Cash on delivery is the most prefered payment method but also credit card can do ; by submitting your credit or debit card details with your Order and we can take payment.

Delivery

  1. We will deliver the Food, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 10 minutes after the time at which the Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Food on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Food, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  4. The Food will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Food before accepting them.

Risk and Title

  1. Risk of cold, or loss of, any Food will pass to you after the Food are delivered to you.
  2. You do not own the Food until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Food still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Food (with no others) in the following circumstances:
    1. foodstuffs, beverages or other Food intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
    2. Food that are made to your specifications or are clearly personalised;
    3. Food which are liable to deteriorate or expire rapidly.
  3. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. in the case of any sales contract, if the Food become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 15 minutes without giving any reason and as long as the Food are unopened.
  2. The cancellation period will expire after 10 minutes from the time at which you acquire.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a call or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation time has expired.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Food supplied

  1. We may make a deduction from the reimbursement for loss in value of any Food supplied, if the loss is the result of unnecessary handling by you.

Timing of reimbursement

  1. If we have not offered to collect the Food, we will make the reimbursement without undue delay, and not later than:
    1. 30 minutes after the time we receive back from you any Food delivered, or
    2. (if earlier) 40 minutes after the day you provide evidence that you have sent back the Food.

Returning Food

  1. If you have received Food in connection with the Order which you have cancelled, you must send back the Food (Deliveryman) or hand deliveryman from that particular Restaurant you order from, without delay and in any event not later than 10 minutes from the time at which you communicate to us your cancellation of the Order. The deadline is met if you send back the Food before the period of 20 minutes has expired. You agree that you will have to bear the cost of returning the Food.
  2. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a saller and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Food to a customer and the customer pays or agrees to pay the price, including any contract that has both Food and services as its object.

Conformity and Guarantee

  1. We have a legal duty to supply the Food in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Food will:
    1. be of satisfactory quality;
    2. be reasonably fit for consumption, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the restaurant of the Food. Details of the guarantee, including the name and address of the restaurant, the duration and territorial scope of the guarantee, are set out in the restaurant’s guarantee provided with the Food. This guarantee will take effect at the time the Food are delivered, and will not reduce your legal rights.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://wadanidelivery.com/privacy-policy/) and refunds and returns policy (https://wadanidelivery.com/refund_returns/).
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing Food to you.
  5. Where you supply Personal Data to us so we can provide Food to you, and we Process that Personal Data in the course of providing the Food to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can e-mail: support@wadanidelivery.com

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Food wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of Djibouti.
  2. Disputes can be submitted to the jurisdiction of the courts of Djibouti.
  3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 15 minutes.