TERMS AND CONDITIONS FOR ONLINE ORDERING
The following sets forth our terms and conditions of use (the “Terms”) in which you may order food and beverage products (the “Products”) made available via our online platforms, including but not limited through our website, and digital and social media applications.
These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you”, the “user”, the “customer” or the “client”)
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE PLATFORMS FOR ORDERING PRODUCTS AND SERVICES OFFERED BY US. ACCESS AND/OR USE OF THE ONLINE PLATFORMS BY YOU SHALL BE DEEMED TO BE YOUR UNDONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. INFORMATION ABOUT US
1.1 Hermanos Borrachos Limited is a company registered in Thailand with registration number 0105563092118, with its registered head office at 4/F Srisothorn Place, 47 Sukhumvit Soi 23, Klongtoey Nuea, Wattana, Bangkok 10110, Thailand (the “Company”, “We” or “Us”).
1.2 The Company trades under the names of “Tortilla Quemada, Mexican Express”, “Tortilla Quemada”, “TQ”, and “El Barrio”.
1.3 The Company operates the following online sites:
Facebook: @tortillaquemadabkk and @elbarriobkk
2. ORDERING PRODUCTS
2.1 You may order the Products from our menu whilst in our restaurant, by phone, or online directly from us via Facebook, Facebook Messenger, or the Order Website (collectively “Online Platforms”) if you wish to collect your Products in-restaurant (“Collection Orders”) or for home delivery (“Delivery Orders”) depending on which you choose.
2.2 You will be required to pay for the Products at the time of order for both Delivery Orders and Collection Orders.
2.3 You must be at least 18 years old to place an order online.
2.4 In order to submit a Collection Order or a Delivery Order via the Online Platforms you must follow the procedure set out on the Online Platform to submit your Order, which may involve first registering an account. You should check all the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately and you may not be able to correct any errors.
2.5 Your Order constitutes an offer to us. We will confirm our acceptance of your Order via an on-screen message and/or email notification and/or an SMS, confirming the Products and information you included in your Order (the “Order Confirmation”). These Terms and the Order will become legally binding on you and us when we send you the Order Confirmation and each Order shall be deemed to incorporate these Terms and shall be a new and separate contract between you and us. The contract shall be in the English language. We will not keep or file a copy of the contract.
2.6 Products and services ordered through the Online Platforms are sold on an "as is" and "if available" basis and exclude any warranties, conditions, or representations with respect to the Online Platforms or the content or Products displayed on it.
2.7 Pictures of the Products and their descriptions are for presentation and convenience only. Actual Products are prepared fresh and may look different on delivery.
3. ORDERING ONLINE FOR COLLECTION
3.1 Your collection time will be set out during the Order process.
3.2 If you do not collect your Order within thirty (30) minutes of your collection time, your Products will be disposed of and you will not receive a refund.
4. ORDERING ONLINE FOR DELIVERY
4.1 All delivery times are estimates and the actual delivery time can and will vary from this estimate. Delivery times may be affected or unavailable due to bad weather or traffic conditions or other unforeseen circumstances. You should also be aware that if you change your delivery address following submission of an Order this may lead to a significant delay in your delivery time.
4.2 If, during delivery of an Order, you or your authorized representative as specified in your Order (as appropriate) fail to take delivery of the Products within five (5) minutes of the delivery driver’s arrival (other than due to our material breach of these Terms):
4.2.1 the delivery will be aborted; and
4.2.2 you will not receive a refund for your Order.
4.3 You are responsible for:
4.3.1 ensuring that the delivery address and any special delivery instructions are clear and accurate;
4.3.2 ensuring that we and/or the delivery contractors have such access and parking facilities as may be reasonably required to carry out the Order;
4.3.3 ensuring that either you or your authorized representative (as specified in the Order) are present to take delivery of the Products at the delivery place specified in your Order;
4.3.4 providing us with your up-to-date contact details in your Account and/or Order; and
4.3.5 paying for the delivery charges at the time of delivery
4.4 We are unable to process your order without prior payment (refer to Clause 5.3).
5.1 Product pricing is exclusive of VAT and delivery charges.
5.2 It is possible that, despite our best efforts, some Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably be recognized as incorrect pricing, we may end the contract and refund you any sums you have paid at our discretion.
5.3 If you do not provide proof of payment to us, or your payment is otherwise not received by us or is not authorized by your payment channel at the time of order, your Delivery Order will not be sent through to the restaurant or fulfilled.
6. CANCELLATION AND REFUNDS
6.1 Once your order is confirmed by us, you do not have a right to cancel the Order. However, you may request that your Order is cancelled or changed after it has been submitted, which we will consider at our sole discretion. Cancellations are only possible prior to our kitchen receiving the Order AND
6.1.1 Eat in orders - by speaking directly to a member of staff.
6.1.2 Online orders - by contacting our restaurant directly on the main phone number.
6.2 No refund will be permissible if the cancellation request is made after the kitchen has received the Order.
6.3 Where we accept your Order cancellation, your original payment will still be processed. If you are eligible for a refund, we will process it within ten (10) working days.
7. OTHER REFUNDS
7.1 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms, please contact our restaurant directly to discuss a replacement or refund.
7.2 If we are unable to fulfil your Order or any of the Products in a particular Order due to unforeseen circumstances, we will refund the value of the Product(s) that we were unable to fulfil.
8.1 All our Products are freshly prepared and although we try our best to be consistent, portion sizes can and do vary.
8.2 Please contact us if you are unsure about any allergens before ordering and our staff will be delighted to assist you, however please note:
8.2.1 all Products are cooked to order in the same kitchen. We cannot guarantee and make no warranty that the Products will not contain any allergens;
8.2.2 the kitchen is a busy working environment and there is a risk of cross-contact between ingredients;
8.2.3 customers with special dietary requirements must contact us before they place their order to allow staff to take all reasonable precautions to avoid cross-contact.
9. OUR LIABILITY
9.1 Nothing in these Terms excludes or limits our liability for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.2 Subject to clauses 9.1 and 9.3, our maximum liability to you in respect of any Order will be limited to the value of that Order (including delivery charges where applicable) as set out in the relevant Order Confirmation.
9.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time of the conclusion of the contract for Products.
9.4 We only supply the Products for domestic and private consumption. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity whatsoever for the use of, or inability to use our Online Platforms.
9.5 We may from time to time revise the information in relation to the Products and the Online Platforms and/or ordering process and we reserve the right to make such changes without any obligation to notify you of such changes. In no event shall we be liable for any indirect, special, incidental, or consequential damages arising out of the use of any information contained on the Online Platforms and/or in relation with the online ordering process.
9.6 Nothing in these Terms affects your statutory rights.
10. SUSPENSION AND TERMINATION
10.1 If you breach any of these Terms, we may immediately do any or all the following (without limitation):
10.1.1 issue a warning to you;
10.1.2 refuse to provide you service;
10.1.3 temporarily or permanently withdraw your right to use the Online Platforms;
10.1.4 suspend or terminate your Account;
10.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
10.1.6 take further legal action against you; and/or
10.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
11. CHANGES TO THESE TERMS
11.1 We may make changes to these Terms from time to time at our sole discretion and without notice, but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order the Products.
12. OTHER IMPORTANT INFORMATION
12.1 Each of the clauses making up these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, specific to that default only, and that will not mean that we will automatically waive any other or later default by you.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms are governed by the laws of Thailand. This means that your purchasing of Products and any dispute or claim arising out of or in connection with any business conducted between us (including non-contractual disputes or claims), will be governed by Thai law with proceedings taking place in the civil or consumer protection courts.