Terms & Conditions
Welcome to the TheProudSicilian.com website terms & conditions
These are the terms and conditions on which we, The Proud Sicilian Limited, supply products to you. Please read these terms carefully before you submit an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the order, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Who we are – The Proud Sicilian Limited of 73 High Street, Harborne, Birmingham, B17 9NS
How to contact us – You can contact us by writing to us via our online contact form or at the aforementioned address
How we may contact you – If we have to contact you, we will do so by writing to you at the email address or postal address or phone number you have provided to us through our dealings with you.
Our acceptance of your order will take place when we send you your order confirmation. At which point, a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
We will assign an order ID number to your order and will include this in your order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display our products accurately, your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
Please note that products may contain allergens. Please review the product descriptions carefully to ensure that you are comfortable with the contents of any products ordered. Please contact us – using one of the methods at the start of these terms – if you have any questions.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use our website only with the involvement of a parent or guardian. By making use of the website, or by placing an order with us it is confirmation that you are of legal age. By law we cannot sell products containing alcohol to persons under the age of 18. Proof of ID may be requested. By placing an order with us it is confirmation that you are of legal age. It is illegal to buy restricted products if you are under age or for someone else who is under age.
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Your Right to Cancel or Return the Order below).
Where required, we may modify the products ordered by you in order to reflect changes in relevant laws and regulatory requirements including but not limited to in relation to health and safety and food labelling requirements. We may also need to recall or replace a product previously supplied to you. This will be carried out at no cost to you. Our available products will vary from time to time.
The costs of delivery will be as displayed to you on our website.
During the order process we will let you know the anticipated delivery date of your products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products that you have paid for but not received.
You will become responsible for your ordered product from the time we deliver the product to the nominated address. However, you will only own the product once we have received payment in full.
We may need certain information from you so that we can supply the products to you e.g. proof that you are over 18 if ordering products containing alcohol. If you do not provide the required information to our reasonable satisfaction, within a reasonable time of us asking for it, we may cancel your order and refund any sums pre-paid by you.
From time to time, we may have to suspend the supply of a product to you in order to: i) deal with technical problems or make minor technical changes; ii) update the product to reflect changes in relevant laws and regulatory requirements; or iii) make changes to the product as requested by you or notified by us to you (see above).
Your Right to Cancel or Return Products
Your right to return products ordered through our online shop will depend on what you have purchased and whether there is anything wrong with the products. The timeframes for identifying faulty/spoiled products will vary depending on whether you have received perishable or non-perishable products. Please see below for further information.
Perishable Products – The Proud Sicilian does not offer a refund for perishable products and other items likely to expire rapidly (which includes all food, alcohol and beverages and hampers and gift boxes containing such items), unless such products are faulty. You do not have the right to cancel or change your mind on your purchase of perishable products (unless we agree otherwise, please see below for more details). If you have received faulty/spoiled perishable products, you have a legal right to return the product for a replacement or full refund. If you have received a faulty/spoiled product, please contact our customer service on firstname.lastname@example.org, alternatively, please speak to staff in-store/restaurant. We will deal with faulty/spoiled products on a case-by-case basis. Please be assured that we will comply with your legal rights. Please note that the expiry date of the goods must not have passed, or The Proud Sicilian will be unable to offer a refund.
Non-perishable Products – You have the right to cancel your order without cause within a ‘cooling off’ period of 14 days from the day after you receive the products. This right applies to all items except perishable goods. Further, if you notice that your non-perishable products are faulty, please contact our customer service on email@example.com, alternatively, please speak to staff in-store/restaurant. We will deal with faulty products on a case-by-case basis. Please be assured that we will comply with your legal rights.
We will pay the costs of return if your products (perishable or non-perishable) are being returned to us because they are faulty/spoiled.
Your Cancellation Right – For non-perishable products purchased online, you have a right to change your mind within 14 days of receiving the products and receive a refund. These rights are rooted in the Consumer Contracts Regulations 2013. Food, alcohol and beverages are perishable and often have rapid expiry dates. As such, these perishable products are excluded from your statutory right to return purchases within the 14 day ‘cooling-off’ period.
We do not offer a refund if your product is not faulty or you are not cancelling the contract.
If you want to cancel your order, please let us know by doing one of the following: (i) email – by emailing us at firstname.lastname@example.org (please provide your name, home address, details of the order and, where available, your phone number and email address); or by writing to us at that address, including details of what you bought, when you ordered or received it and your name and address.
If you cancel your order after the non-perishable products have been dispatched to you or you have received them, you must return them to us by post to The Proud Sicilian Limited of 73 High Street, Harborne, Birmingham, B17 9NS. If you are exercising your right to cancel, you must send back the non-perishable products within 14 days of telling us you wish to cancel. You will be responsible for any cost of returning the products to us.
How we will refund you – Where you are returning products to us in line with these terms, we will refund you the price you paid for the products including delivery costs (if you have paid for expedited delivery, we will only refund you for standard delivery (in line with our legal rights)), by the method you used for payment. However, if you are exercising your right to cancel, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will make any necessary refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
Returns, Refunds and Cancellations
At The Proud Sicilian we want you to enjoy everything you buy from us.
So if something is not right, we will be happy to offer a refund.
HOW TO MAKE A RETURN?
You can return goods to The Proud Sicilian Online within 14 days of delivery. Please make sure that anything you would like to return is unused, in a saleable condition, with any labels still attached and in its original packaging.
For help in regard to a specific order, please email the customer service team on TheProudSicilian@gmail.com
Once we have accepted your returned items, we will reimburse the price you paid to your original credit or debit card or e-voucher.
We will refund or exchange any item you are not completely happy with when you return it to us in a saleable condition within 14 days of the item being delivered to your nominated address. Please return items in their original condition, unused, in their original packaging.
Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. Additionally any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related.
We are happy for customers to cancel their order for a full refund, unless stated otherwise in the item description, so long as the items have not been dispatched. Please email the customer service team on TheProudSicilian@gmail.com If your item has been dispatched we ask for it to be returned in its original packaging and will offer you a refund as outlined above in the “Refunds” section.
Substitute Items in Hampers
If, due to unforeseen circumstances or in the event of supply issues, we may substitute an item within a hamper. The substitute product will be of equal or greater value than the original product listed, at no extra cost to you.
Gift Cards and E-gift Vouchers
Gift cards and e-gift vouchers can be redeemed online during a visit to our restaurant. In order to redeem a gift card, please enter the unique card number in the “Coupon/Gift Certificate” box shown at checkout if redeeming online, or hand your card to a member of The Proud Sicilian's staff if redeeming at one of our restaurants. To redeem an e-gift voucher, please contact us directly on 01214272560, or quote the number to a member of The Proud Sicilian's staff if redeeming at the restaurant. The currency of the gift voucher will match the currency of the related order.
Gift vouchers cannot be exchanged for cash or an alternative currency and carry no cash value. Gift vouchers can only be redeemed in the currency in which they were created and are valid for 12 months from the date of purchase. After 12 months, any remaining balance will be cancelled. The Proud Sicilian does not accept liability for lost, stolen or damaged gift vouchers.
Use of a voucher constitutes acceptance of The Proud Sicilian's terms and conditions as detailed herein. This does not affect your legal rights.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date 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 unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment with all major credit and debit cards, American Express and PayPal. You must pay for your order at the time of purchase or your meal at the time of dining. If you think you have paid the wrong amount, please contact us promptly to let us know.
Our Responsibility for Loss/Damage Suffered by You
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How We May Use Your Personal Information
We will only use your personal information as set out in our Privacy Notice.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Retail Ombudsman via their website at www.retailadr.org.uk . The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via this website: ec.europa.eu/consumers/odr/main/?event=main.trader.register.