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    Help Centre Terms & Conditions

  • Terms & Conditions

    1. Terms and Conditions

      Terms and Conditions for the placing of food and beverage orders online

      These terms and conditions govern the placing of online orders and collection of food and beverage ordered online by customers via ‘Zing Kitchen’ (“Zing”).  ‘Zing Kitchen’ is a trading name of the University of Durham (the “University”) whose registered address is the Palatine Centre, Stockton Road, Durham, DH1 3LE and is located on the ground floor of Durham University, Teaching and Learning Centre (“TLC”) South Road, Durham, DH1 3LS.

      Subject always to contract and availability of products, Zing offers customers the opportunity to order food and beverages online in advance, for collection directly from Zing Kitchen at the TLC.  To do so, customers must visit the Zing Website, which can be found here (the “Zing Website”).  Here customers can view the menu which lists the products which, subject to availability, can be purchased in advance by placing an online order. 

      In the event that you as a customer wish to place such an order to be fulfilled by Zing, you must first follow the online prompts to set up a user account.

      Once registered with a user account, you can follow the instructions set out on the Zing Website to select items from the Zing menu, for collection within one of the fifteen (15) minute collection windows you may select at the point of order.  By registering for a user account, and/or by completing your order online, including by making payment for the items selected, you are deemed to have accepted and agreed to be legally bound by the terms and conditions set out herein, and by placing an online order with Zing, you enter into a legally binding contract with the University on behalf of Zing.  In particular, by placing an order, you agree as follows:

      1. ALLERGENS AND DIETARY REQUIREMENTS: Zing manages the control, content and provision of information regarding allergens in its products strictly in accordance with Durham University Food Allergens Policy (0 February 2019) which can be found here. Ingredient lists for all Zing products and appropriate allergen information can be found here [INSERT]. You are advised that in the event you have any allergy, you should read this policy carefully and you should first visit Zing to discuss any specific dietary requirements with staff prior to placing any order. Zing does not directly use nuts in its products.  However, some ingredients used in Zing products may be produced in factories who handle or have handled nut products, and thus Zing cannot guarantee its products to be completely nut free. 

      You should be aware that some product items, or ingredients contained therein, may have previously been frozen.  In addition, please note that although great care is taken in the preparation of all Zing items, Zing cannot guarantee that all bones have been removed from all meat and fish products and olives and other fruit may contain stones.

      Menu items suitable for vegetarians and/or vegans are identified as such on the menu within the Zing Website. However, you should note that Zing does not have dedicated areas for the preparation or cooking of such products.

      1. ORDERS: No order is considered placed and accepted by Zing, until payment is received in full via the online payment system operated via the Zing website, and confirmation that your order is complete is displayed on your screen. You understand that preparation of your order may begin immediately on confirmation your order has been placed, and thus, subject to Clauses 3 and 5 below, once placed, orders cannot be cancelled/modified.
      2. AVAILABILITY: You hereby understand and agree that acceptance and confirmation of your order by Zing is not a guarantee that such order can be fulfilled. All items offered via the Zing Website are strictly subject to availability, and while every effort shall be made by Zing to fulfil every order, in the event Zing becomes aware that an item is no longer available following receipt of your order, Zing reserves the right, at its discretion, to offer you a substitute item.  You are under no obligation to accept any offer of a substitute item. If you decline a substitute item, you shall be entitled to a refund of any charges applicable to any unavailable items. To arrange such a refund, please request that the team member serving you process a refund at the till at the point of collection.
      3. PRODUCT DESCRIPTIONS: You understand and accept that many of the items offered on the Zing menu are prepared to order and thus, although items are prepared following a prescribed formula, the appearance of food and beverages may vary from item to item and from time to time. All pictures and descriptions of items available for order, featured on the online menu are for illustrative purposes only and may not be an accurate representation of the food items you may receive.
      4. PRICING: Zing reserves the right to change the prices of items sold via the Zing Website at any time, and prices may vary from time to time. Zing endeavours to ensure at all times that the prices charged for items via the Zing Website are correct at the point you place your order.  However, in unlikely event a pricing error is identified by Zing after you place your order, Zing reserves the right to cancel your order, and to issue a full refund of charges paid.  You are then free to place another order when pricing errors have been rectified.  Zing accepts no responsibility or liability for any inconvenience caused in the event, or as a consequence, of any pricing error. All prices charged via the Zing Website are inclusive of any applicable VAT.
      5. COLLECTION: You understand and agree that you must be present at Zing Kitchen to collect your order within the collection window time slot you chose at the point of order (your “Slot”). To ensure you are able to enjoy your order in the freshest possible condition, you are advised to be available to collect your order at the beginning of your Slot, so that there is no delay between completion of your order by Zing and your enjoyment of the products. However, although Zing endeavours wherever possible to ensure your order is ready for collection within your Slot, during busy periods, where Zing is in receipt of a high volume of orders, Zing cannot guarantee your order will be ready for collection strictly within your Slot, and thus collection window time slots are given for guidance purposes only.  In the event that your order is not ready for collection within fifteen (15) minutes after the end of your Slot, you reserve the right to cancel your order by notifying Zing staff working on the sales counter.  In the event such a cancellation becomes necessary, you shall be advised by Zing staff of the process for obtaining a refund for the cost of any items not provided at that point, or you can email Durham University Catering at catering@durham.ac.uk .  The progress of your order can be followed via the screens located in Zing Kitchen, and via online updates.  When your order is ready for collection it can be collected from the appropriate service counter.
      6. UNCOLLECTED ORDERS: You understand and agree that items purchased for collection from Zing are most likely perishable, and for food safety reasons, usually cannot be stored for extended periods. Therefore, In the event that you fail to collect your order within your Slot, subject to sufficient storage space/facilities being available, uncollected items will be retained by Zing for later collection, only strictly as follows:
        1. In the case of hot food items, up to a maximum of thirty (30) minutes beyond the end of your Slot;
        2. In the case of cold food items, items may be stored by Zing, chilled until the close of business the day the items were due to be collected.

      On expiry of the retention periods set out above, or in the event that sufficient storage space/facilities are not available to store items from your order, uncollected items shall be promptly disposed of.  Zing accepts no responsibility or liability for uncollected orders disposed of following expiry of your Slot, and under no circumstances shall you be entitled to any refund or replacement in respect of such items.  You acknowledge and agree that the majority of items prepared at Zing are prepared to order and are intended for consumption immediately.  You understand that the quality and freshness of food items stored for the retention periods set out above, may not be of the same standard as they might have been had the items been collected and consumed immediately.  Zing accepts no responsibility or liability for any deterioration in product standards attributable to any extended delay in collection.

      1. FEEDBACK: In the event that you have any feedback, question or any complaint regarding your order or your dining experience at Zing Kitchen please let us know by emailing Durham University Catering at catering@durham.ac.uk.
      2. PRIVACY: Details of the Zing privacy policy can be found here [INSERT]
      3. LIABILITY: Nothing in these terms and conditions excludes or limits the University’s liability for:
        1. death or personal injury caused by our negligence;
        2. fraud or fraudulent misrepresentation; and
        3. any matter in respect of which it would be unlawful for the University to exclude or restrict its liability.

      The University is under a legal duty to provide you with products that are in conformity with the terms applicable to your order. Nothing in these Terms and Conditions affects your statutory rights. Subject to the preceding sentences in this Clause 10, the University’s maximum liability to you under these Terms and Conditions shall be limited to the value of the order from which such liability may have arisen.

      Zing only supplies Products for domestic and private use. You agree not to use any Zing products for any commercial or business purposes and the University shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in association with the same.

      1. CHANGES TO THESE TERMS AND CONDITIONS: The University may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms and Conditions applicable at the time of your order will be applicable to that order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Zing Website.
      2. GENERAL:
        1. Each of the clauses of these Terms and Conditions 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.
        2. In the event that the University fails to insist that you perform any of your obligations under these Terms and Conditions, or does not enforce its rights against you, or if the University delays in doing so, that will not mean that the University has waived its rights against you and will not mean that you do not have to comply with those obligations.
        3. These Terms and Conditions are governed by English law. This means that your access to and use of the Zing Website and any dispute or claim arising out of or in connection therewith will be governed by English law.
        4. You can bring proceedings in respect of these Terms and Conditions in the English courts.