These are the terms and conditions (the Terms or terms) apply to your   access and use of the Tuck Trucks website (the Site) available at https://www.tucktrucks.co.uk/.

1.2 By accessing any part of the Site, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Site immediately, and you will not be able to order any products through the Site.

1.3 Please read these terms carefully before you use the Site. These terms form the contract between you and Tuck Trucks which commence at the time of your acceptance of these terms. You are advised to keep a copy of these terms for your records.

1.4 We reserve the right to change these terms from time to time, to which we will notify you of any material changes prior to them occurring. In the event that we have made an amendment to the terms and conditions, your use of the Site after notification of the new terms is deemed acceptance to any chances.

1.5 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.

1.6 If you think that there is a mistake in these Terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 We are The Ho-So Initiative t/a Tuck Trucks, a company registered in England and Wales. Our company registration number is 12465469 and our registered office is Devonshire House, 1 Devonshire Street, London, W1W 5DR. Our registered VAT number is 343666290 (Tuck Trucks, Us, We)

2.2 You can contact us by telephoning our customer service team at 07379908380 or by writing to us at hq@tucktrucks.co.uk

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with. When we use the words “writing” or “written” in these terms, this includes emails.

3 The Site

3.1 The Site is Tuck Trucks’ online platform which allows you to place orders (Orders) for collection or table service with our partner food trucks or takeaway restaurants (Vendors) displayed on the Site.

3.2 The legal contract for the supply and purchase of the food you order through each Order (the Products) is between you and the Vendor that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Vendors.

3.3 Tuck Trucks will provide customer support services for any orders including but not limited to in relation to refunds or issues with Orders.

4 Placing Orders

4.1 Each Vendor’s menu allows you add products to your basket. Once items have been placed in your basket, you will be given the option to place your order by clicking the CHECKOUT button. Please check the information shown in your basket and correct any errors before clicking this button. You will then be redirected to the Checkout page, and prompted to enter your contact information (name, email, phone number) and select a time slot for collection or service of your Order (your Pickup Time). You will then be taken to another screen and prompted to finish your Order by clicking PAY NOW. You will then be taken to a payment page, and prompted to enter your relevant payment details, and click PAY (or a similar button). By clicking PAY, you are entering into a binding contract with the Vendor and any errors can no longer be corrected.

4.2 In the event your payment cannot be processed or authorised, your Order will not be processed or communicated to the relevant Vendor and you will be notified thereof.

4.3 Once your Order has been confirmed, the Vendor will be notified, and you will receive an email confirmation summarising your Order and your Pickup Time. You will no longer be able to amend or cancel your Order, or be entitled to a refund.

4.4 Should you need to amend or cancel an Order after it has been confirmed and accepted by the Vendor, please contact us on HQ@tucktrucks.co.uk and we may attempt to contact the Vendor to amend or cancel your Order. Please note that if we are unable to contact the restaurant or they have already begun processing your Order, your Order will not be amended or cancelled.

4.5 For the avoidance of doubt, any confirmation page on the Site or confirmation emails do not guarantee that your Order will be accepted and fulfilled by the Vendor. Vendors shall do their best to accept Order and inform of any rejection as soon as possible, and you will be informed as soon as reasonably practicable of any such rejection or delay. In the event a Vendor rejects an Order, your agreement with them will be breached and any payment made will be returned to you.

4.6 Your Pickup Time or any other indications as to when your Order will be available for collection or served to you are estimates and are provided on a purely indicative basis. Failure to comply with such time estimates shall not constitute a breach of any agreement, and time is not of the essence.

5. Price and Payment

5.1 Prices will be as quoted on the Site. These prices include VAT and (where applicable) a Service Charge of 3%.

5.2 Should the Site include an incorrect price, and the correct price for an Order is higher than stated on the Site, we will inform you thereof as soon as reasonably practicable. Neither we nor the Vendor have any obligation to honour an incorrect lower price, or compensate you for the incorrect pricing.

5.3 Payment for Orders shall be made by you on the relevant payment page (as set out above) using an accepted credit or debit card through the Site.

5.4 Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If an Order rejected by the Vendor or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. This may take approximately 5-9 working days or longer, depending on your bank or card issuer, due to standard banking procedures. You acknowledge and agree that neither we nor any Vendor shall be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

5.5 If you wish to register a complaint about the quality of your Order or the service provided by the Vendor please contact the Vendor directly to register your complaint. The Vendor may have its own complaint procedure to follow in this regard. If the complaint cannot be resolved, we may provide reasonable assistance as appropriate, however please note that the legal contract for the sale and purchase of goods is between you and the Vendor that you place your Order with. We have no direct control over the quality of Vendors’ food or service, and have no responsibility or liability for providing, refunds, price reduction, or any other form of compensation on behalf of any Vendor.

6. Your obligations

6.1 In order to allow the Vendor to verify your identity upon collection or service of your Order, you will be required to show to the Vendor the confirmation email received from us to confirm that your Order was placed.

6.2 Failure to present the confirmation email may result in the Vendor refusing to hand over your Order.

6.3 By placing an Order through the Site, you warrant that you have legal capacity to enter into binding contracts with Vendors.

6.4 If you suffer from any food allergies or intolerances, you agree that you will contact the Vendor directly before placing an Order to inform them of such dietary requirements, and check whether the contents of your Order are suitable for you.

6.5 If your Order includes any products the sale of which is prohibited to persons under the age of 18 such as smoking products or alcohol (Restricted Products) you will be asked to provide ID to the Vendor to prove you are over the age of 18 upon collection or service of your Order. If you are unable to provide ID or if the Vendor has reason to believe that the Restricted Products are being purchased on behalf of a minor, the Vendor may refuse to hand over the Restricted Products with the rest of your Order, and you will not be entitled to a refund.

7. Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

8. Ownership, use and intellectual property rights

8.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us, the Vendors, and any licensors as appropriate.

8.2 We, the Vendors, and any licensors reserve all intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

8.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it and place Orders with Vendors. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

8.4 Trade marks (whether registered or unregistered) and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission or the written permission of the Vendor who owns the trade mark.

9. Submitting information to the site

9.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

9.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

10. Accuracy of information and availability of the Site

10.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

10.2 We may suspend or terminate access or operation of the Site at any time as we see fit.

10.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

10.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

11. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

12. Limitation on our liability

For the avoidance of doubt, Tuck Trucks shall have no liability to you for any issues or disputes arising out of the quality or suitability of the food sold by our Vendors, or any deficiency or other problems therewith. As our Vendors’ commercial agents, we have no direct control over them, the services they provide, or the quality or suitability of their food.

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

      • losses that were not foreseeable to you and us when these Terms were formed;
      • losses that were not caused by any breach on our part;
      • business losses; and
      • losses to non-consumers.

13. Events beyond our control
Neither we nor any Vendors shall be liable to you for failure to comply with these Terms because of circumstances beyond ourreasonable control.

14. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

15. Disputes

15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

15.2 The laws of England and Wales will apply to these Terms. If you want to start court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.