Terms of Service

Please read these Terms of Service carefully before using the website located at apache-pizzav.com or placing any order through our platform. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you", or "your") and Apache Pizza ("we", "us", "our", or the "Company"), governing your access to and use of the website apache-pizzav.com (the "Website") and all related food ordering services, delivery services, and associated features made available through our platform.

By accessing the Website, creating an account, placing an order, or otherwise interacting with our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms in full;
• You are at least 18 years of age, or have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into a binding contract under Irish law;
• You are not barred or otherwise legally prohibited from accessing or using our services under applicable law.

If you do not agree to these Terms, you must immediately cease using the Website and our services. We reserve the right to amend these Terms at any time. Your continued use of the Website following any amendments constitutes your acceptance of the revised Terms.

These Terms must be read in conjunction with our Privacy Policy and any other policies or guidelines posted on the Website, all of which are incorporated herein by reference.

2. Company Information

The Website and all associated services are operated by:

Apache Pizza is a food service business operating in the Republic of Ireland and is subject to Irish law, including but not limited to the Consumer Protection Act 2007, the Sale of Goods and Supply of Services Act 1980, the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001, and all applicable food safety legislation including the Food Safety Authority of Ireland Act 1998.

3. Description of Services

Apache Pizza provides an online food ordering platform through which customers may browse our menu, customise food and beverage orders, and arrange for delivery or collection of food products prepared by Apache Pizza. Our services include, but are not limited to:

3.1 Online Ordering

Customers may place orders for pizzas, side dishes, beverages, and other food items listed on our menu through the Website. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases where:

• The ordered items are unavailable;
• Errors appear in pricing or product descriptions;
• We are unable to verify payment information;
• We suspect fraudulent activity;
• The delivery address falls outside our service area.

3.2 Delivery Services

Delivery services are available within designated geographic areas. Delivery times are estimated and are not guaranteed. We shall not be liable for delays resulting from circumstances outside our reasonable control, including adverse weather conditions, traffic congestion, or other force majeure events. A delivery charge may apply and will be clearly displayed prior to order confirmation.

3.3 Collection Services

Customers may opt to collect their orders directly from our premises. Collection times provided at the point of ordering are estimates only. Orders not collected within a reasonable time from the notified ready time may be subject to cancellation without refund.

3.4 Account Registration

Users may register an account on the Website to facilitate faster ordering, access order history, and manage preferences. Account registration is optional but may be required to access certain features. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.

4. User Obligations and Prohibited Activities

4.1 General Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when placing orders or registering an account;
• Maintain and promptly update your information to keep it accurate;
• Use the Website only for lawful purposes and in accordance with these Terms;
• Ensure that you are available to receive your delivery at the designated address and time;
• Pay all charges associated with your orders, including delivery fees and any applicable taxes;
• Comply with all applicable Irish and European Union laws and regulations when using our services.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Website for any unlawful purpose or in violation of any applicable law or regulation;
• Submitting false, fraudulent, or misleading orders or personal information;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Attempting to gain unauthorised access to any part of the Website, server, database, or network;
• Introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
• Conducting denial-of-service attacks or distributed denial-of-service attacks against the Website;
• Scraping, crawling, or harvesting data from the Website by automated means without our prior written consent;
• Using the Website to send unsolicited commercial communications (spam);
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Attempting to circumvent any security or access control features of the Website;
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable;
• Placing orders with no intention to pay or accept delivery;
• Reselling our food products for commercial purposes without our prior written approval.

We reserve the right to terminate your access to our Website and services, cancel outstanding orders, and take appropriate legal action in the event of any breach of these obligations.

5. Ordering, Pricing, and Payment

5.1 Order Placement and Confirmation

When you submit an order through our Website, you are making an offer to purchase the items specified. A contract is formed only upon our confirmation of acceptance of your order, which will be communicated to you via email or on-screen notification. We reserve the right to refuse any order after confirmation in exceptional circumstances, such as the discovery of a pricing error or stock unavailability, in which case we will provide a full refund promptly.

5.2 Pricing

All prices displayed on the Website are in Euro (€) and include Value Added Tax (VAT) at the applicable Irish rate unless otherwise stated. Prices are subject to change without prior notice, but any changes will not affect orders already confirmed. Promotional prices, discount codes, and special offers are subject to their own specific terms and conditions and may be withdrawn at any time.

5.3 Payment Methods

We accept payment by the methods displayed on the Website at the time of ordering, which may include credit and debit cards (Visa, Mastercard), online payment platforms, and cash on delivery or collection where applicable. By providing payment information, you represent and warrant that you are authorised to use the designated payment method and that the payment details you provide are accurate and complete.

5.4 Failed Payments

If payment is declined or fails for any reason, your order will not be processed. It is your responsibility to ensure that sufficient funds are available and that your payment details are correct. We shall not be liable for any order not fulfilled due to a failed payment.

5.5 Cancellation and Refunds

Due to the perishable nature of food products, your right to cancel an order is limited once food preparation has commenced. If you wish to cancel an order, you must contact us immediately via email at [email protected]. Cancellations received prior to the commencement of food preparation will be eligible for a full refund. Once preparation has commenced, cancellations may not be accepted and refunds will not be issued except in cases of our own error or failure to deliver.

In accordance with the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001 and the Consumer Rights Act 2022, the 14-day cooling off period applicable to distance contracts does not apply to contracts for the supply of food, beverages, or other goods intended for everyday consumption that are supplied by physical delivery, as provided under applicable Irish and EU consumer law.

Where a product delivered is materially different from what was ordered, or is of unsatisfactory quality, you may be entitled to a replacement or refund. Please contact us within 24 hours of delivery to report any such issues.

6. Intellectual Property Rights

6.1 Ownership

The Website and all content contained therein, including but not limited to text, graphics, logos, images, photographs, audio and video clips, data compilations, and software, are the exclusive property of Apache Pizza or its licensors and are protected by Irish and international intellectual property laws, including the Copyright and Related Rights Act 2000 (Ireland) and applicable EU directives.

6.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for the purpose of browsing our menu and placing orders for personal, non-commercial use. This licence does not include:

• The right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or transfer any content on the Website;
• Any use of data mining, robots, or similar data gathering and extraction tools;
• Any commercial use of the Website or its content;
• The right to frame or mirror any portion of the Website without our express written consent.

6.3 Trade Marks

The Apache Pizza name, logo, and all related marks, trade names, product names, and service names are trademarks of Apache Pizza. You may not use any of our trade marks without our prior written consent. All other trademarks and service marks appearing on the Website are the property of their respective owners.

6.4 User-Generated Content

If you submit reviews, feedback, comments, or any other content to us via the Website or through third-party platforms, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent that you own or have the necessary rights to grant this licence and that your content does not infringe the rights of any third party.

7. Food Safety and Allergen Information

Apache Pizza takes food safety and allergen management seriously and complies with the Food Safety Authority of Ireland Act 1998, the Food Information Regulations (EU) No 1169/2011, and all related Irish statutory instruments and Food Safety Authority of Ireland guidelines.

Allergen information for our menu items is available on our Website and at our premises. However, our food is prepared in an environment where allergens including gluten, dairy, eggs, nuts, and other allergens may be present. We cannot guarantee that any of our products are free from allergens. If you have a severe food allergy, intolerance, or other dietary requirement, you must notify us at the time of ordering and exercise your own judgment regarding the suitability of our products. We strongly recommend that customers with food allergies contact us directly at [email protected] before placing an order.

We shall not be liable for any adverse reactions resulting from undisclosed allergies or intolerances, or from a failure to disclose dietary requirements at the time of ordering.

8. Limitation of Liability

8.1 General Limitation

To the fullest extent permitted by applicable Irish and EU law, Apache Pizza, its directors, officers, employees, agents, contractors, licensors, and suppliers shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or any other intangible losses, arising out of or in connection with:

• Your access to or use of (or inability to access or use) the Website or our services;
• Any conduct or content of any third party on the Website;
• Any goods, services, or information obtained through the Website;
• Unauthorised access, use, or alteration of your transmissions or content;
• Delays in delivery or failure to deliver due to circumstances outside our reasonable control.

8.2 Cap on Liability

To the fullest extent permitted by law, our total aggregate liability to you in respect of any claim arising out of or in connection with these Terms or our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by you for the specific order giving rise to the claim.

8.3 Statutory Rights

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any liability that cannot be excluded or limited under applicable Irish law, including the Sale of Goods and Supply of Services Act 1980 and the Consumer Protection Act 2007;
• Any statutory rights you have as a consumer under Irish or EU consumer protection law.

9. Disclaimers and "As-Is" Basis

The Website and our services are provided on an "as-is" and "as-available" basis, without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Website will be uninterrupted, timely, secure, or error-free;
• Any warranty that the results obtained from the use of the Website will be accurate or reliable;
• Any warranty regarding the quality, accuracy, timeliness, completeness, or suitability of any information or material available on or through the Website.

We do not warrant that the Website is free from viruses or other harmful components, and you assume sole responsibility for any damage to your computer system or mobile device, or loss of data, resulting from your access to or use of the Website.

Product images displayed on the Website are for illustrative purposes only. Actual products may vary in appearance. Descriptions, weights, and caloric information are provided in good faith but may be subject to variation.

10. Indemnification

You agree to defend, indemnify, and hold harmless Apache Pizza, its directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with:

• Your use of the Website or services in violation of these Terms;
• Any breach by you of any representation, warranty, or obligation set forth in these Terms;
• Your violation of any applicable law, regulation, or third-party rights;
• Any content you submit or transmit through the Website;
• Your wilful misconduct or negligence.

We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claims. You agree not to settle any such matter without our prior written consent.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Apache Pizza. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. We do not endorse or make any representations about third-party websites.

We encourage you to read the terms of service and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and such third parties, and we shall have no liability for any loss or damage arising from your use of third-party websites or services.

12. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or in connection with them, including non-contractual disputes, shall be governed by and construed in accordance with the laws of the Republic of Ireland, without regard to its conflict of law provisions.

You agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising from or in connection with these Terms or their subject matter or formation, and you irrevocably submit to the personal jurisdiction of such courts for this purpose.

If you are a consumer resident in another EU member state, you may also benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms shall deprive you of the protection afforded by such provisions.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and Apache Pizza arising from or relating to these Terms or our services, we encourage you to contact us first and attempt to resolve the matter informally. Please direct your complaint or query to:

Email: [email protected]

We will endeavour to acknowledge your complaint within 5 business days and to resolve the matter within 21 business days of receipt.

13.2 Alternative Dispute Resolution

If we are unable to resolve your complaint informally, you may refer your complaint to an Alternative Dispute Resolution (ADR) body. As a consumer in the EU or Ireland, you may also utilise the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is [email protected].

13.3 Consumer Rights

Nothing in this dispute resolution section shall prejudice your statutory rights as a consumer under Irish law or EU law, including your right to bring proceedings before the courts of the Republic of Ireland or to contact the Competition and Consumer Protection Commission (CCPC) or the European Consumer Centre (ECC) Ireland for assistance.

14. Term and Termination

14.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website or our services.

14.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and services, cancel any pending orders, and deactivate or delete your account, at any time and without prior notice, if:

• You breach any provision of these Terms;
• We reasonably believe that you have engaged in fraudulent or illegal activity;
• We are required to do so by applicable law or a court or regulatory authority;
• We decide to cease operating the Website or any part of our services.

14.3 Termination by You

You may terminate your use of the Website at any time by ceasing to access the Website. If you have registered an account, you may request account deletion by contacting us at [email protected].

14.4 Effect of Termination

Upon termination, your right to access and use the Website and services will immediately cease. Termination shall not affect any rights or obligations accrued prior to the date of termination. The provisions of these Terms that by their nature should survive termination — including intellectual property rights, limitation of liability, indemnification, and governing law — shall survive termination.

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Where changes are material, we will endeavour to provide reasonable notice by updating the "Last Updated" date at the top of this page and, where practicable, by sending a notification to registered users.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must cease using the Website immediately.

We encourage you to review this page regularly to stay informed of any updates. The date of the most recent revision will always be indicated at the top of this document.

16. Force Majeure

Apache Pizza shall not be liable for any delay in or failure to perform any of our obligations under these Terms where such delay or failure results from events, circumstances, or causes beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, storm, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, government actions or restrictions, industrial disputes, failure of public utilities or telecommunications networks, or unavailability of key ingredients or supplies. In such circumstances, we will endeavour to notify you as soon as reasonably practicable and to fulfil our obligations as soon as the force majeure event has passed.

17. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, the Data Protection Acts 1988 to 2018, and all related Irish and EU data protection legislation. We encourage you to review our Privacy Policy carefully before using the Website.

By using the Website and our services, you consent to the collection and use of your personal data as described in our Privacy Policy.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or notices posted on the Website, constitute the entire agreement between you and Apache Pizza with respect to your use of the Website and services, and supersede all prior agreements, representations, warranties, and understandings of any kind, whether oral or written, between you and us in relation to the subject matter hereof.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction or any other competent authority to be invalid, illegal, unenforceable, or contrary to any applicable law or regulation, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

20. Waiver

No failure or delay by Apache Pizza in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

21. Assignment

You may not assign, transfer, sub-licence, or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at any time, including in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent. We will endeavour to notify you of any such assignment where it materially affects your rights.

22. No Partnership or Agency

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and Apache Pizza, create any agency relationship between the parties, or authorise either party to make or enter into any commitments for or on behalf of the other party.

23. Accessibility

Apache Pizza is committed to making the Website accessible to all users, including those with disabilities, in accordance with applicable Irish and EU accessibility standards. If you experience any difficulty accessing the Website or any of our services, please contact us at [email protected] and we will endeavour to assist you.

24. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, our services, or any aspect of your experience with Apache Pizza, please contact us using the details below:

We aim to respond to all enquiries within 5 business days. For complaints specifically relating to food quality or safety, you may also contact the Food Safety Authority of Ireland (FSAI) at www.fsai.ie or the Competition and Consumer Protection Commission (CCPC) at www.ccpc.ie.