Four Star Pizza (Ireland) Limited
Terms of Sale of Goods
Effective from the 1 st day of August 2024
1. General
In these Terms, “the Company” means Four Star Pizza (Ireland) Limited or any of its appointed agents or Franchisees., having its registered office and principal place of business at 66 Fitzwilliam Square, Dublin 2 Ireland, and “the Customer” means any person or entity who places an order with the Company for the supply of goods. “Goods” means the perishable goods offered for sale by the Company on its app, website or at its Franchisees’ stores. These terms may be changed without notice; all sales made by the Company are subject to the Terms of Sale current at the time of acceptance of the order. These Terms became current on the day and date set out above, and apply to all Orders made from that date onwards. As a result, they supercede all previous versions of the Terms of Sale from the specified date.
2. Acceptance of Orders
Orders, being the Goods as requested to be sold to the Customer by the Company, which can only be made by a person of 18 years old or more, are accepted by the Company subject to availability. If any product is not available, the Company may, at its option, either (1) supply an alternative product of similar specification and price; or (2) omit the product and supply the remainder of the order; or (3) cancel the order. The Company will not be liable for any loss incurred due to failure to supply any product. The Company may decline to accept any order at any time without giving any reason or advance notice. An order may not be cancelled or amended by the Customer if that order is already processed or has started to be processed by the Company.
3. Pricing
Prices can change without notice. The Company recommends sale prices of all of its products to its store operators. However, each store operator is entitled to fix the price of the products that it sells. Prices for the same product can therefore change from store to store. The Company shall not be liable for any price difference for the same product that occurs between different stores. All enquires in relation to pricing must be made to the relevant store.
4. Delivery
Orders will be delivered as soon as practicable having regard to the Company’s normal delivery schedule. The Company will not be liable for any loss incurred as a result of delay in delivery. Delivery is free of charge but only available to Orders made from distance (online or on the phone). If the Customer fails to accept delivery, the Company shall cancel the order and retain payment of the goods as ordered as they are perishable goods. Goods should be inspected by the Customer at time of delivery and any issues or shortages noted immediately to the delivery driver or the Company. Any order that is made for delivery which is in an area which is not served by the Company or which at the discretion of the Company is outside a safe deliverable distance from the nearest store requires to be collected from the nearest store and if this cannot be accommodated by the Customer will be cancelled by the Company.
5. Liability
The Company cannot accept responsibility for any loss or injury suffered as a result of the use of its products, and no action of the Company may be construed as representing that any of its products is fit for any particular purpose. In any event, the Company’s liability, if any, will be limited to either replacement of the product or the refund of the purchase price.
However, this limitation of liability does not affect any liability which cannot be limited.
6. Payment
Payment must be paid in advance of the order being processed by the Company. This applies whether the Goods are bought on line or in store. No other manner of payment will be accepted. In the event that a payment by debit or credit card is subsequently returned unpaid the Company, at its sole discretion, represent the payment to the card company or the bank to which the card is linked or in the alternative seek a further method of payment from the customer.
Where an order is cancelled by the Company for any of the reasons set out in these conditions the Company shall, unless stated in these Terms to be entitled to retain the Payment, return the Payment made by the Customer to the Card that made the Payment for the relevant Order.
7. Allergens
As the Goods sold by the Company constitute Non-Prepacked food the Company is required by Law¹ to disclose all the allergens that are contained in the Goods the Company sells. This information is set out elsewhere on our website/app at the current address.
8. The Right to cancel
The products sold by the Company are perishable and as such any contract to purchase is not cancellable by the Customer within the meaning of the CRD regulations²
9. General
The terms of this agreement are governed by the Laws of the Republic of Ireland and the Irish Courts will have jurisdiction to hear any dispute in relation to these terms and conditions
¹ SI 489/2014 Health (Provision of Food Allergen Information to Customers in respect of Non-Prepacked Feed ) Regulations 2014
² European (Consumer Information, Cancellation and other rights) Regulations 2013