Please read the following important terms and conditions before you buy anything or you make a booking in-store and check that they contain everything you want and nothing that you are not willing to agree to.
These terms and conditions set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
- We are River Exe Cafe Ltd (trading as the The River Exe Café) a company registered in England and Wales under company number: 08000379. Our registered office is at: 28 Alexandra Terrace, Exmouth, EX8 1BD. Our VAT number is: 139867166.
- Our on-shore store is at Unit 1, The Point, Pierhead, Exmouth, Devon, EX8 1FE, United Kingdom. We also have a website at https://www.riverexecafe.com/.
How to contact us
- You can contact us by visiting our store or by sending an email to [email protected] or by calling us on +44 7761 116103.
- If you buy goods and services from us in our on-shore store, you agree to be legally bound by these terms and conditions which should be read in conjunction with our booking and reservations terms and conditions (available in store and on our website) which together form the contract between you and us.
- These terms and conditions apply only if you are buying goods and services from us as a consumer (ie for purposes outside of your business, craft or profession). If you are buying goods and services from us in the course of business, our business customer terms and conditions apply to such purchases. For a copy of such terms, please speak to us in store.
- Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to the River Exe Cafe Ltd, and any reference to ‘you’ or ‘your’ is to the person placing making a booking or purchasing goods in our store.
- You must be at least 18 years old and a resident of the UK to make a booking or purchase goods from us.
- We may make changes to these terms at any time. However, the terms which apply to your booking/reservation or order/purchase will be those in force at the time you submitted your booking or reservation request or made your order/purchase with us.
Information we give you
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below).
Information we will give you
We will give you information on:
- the main characteristics of the goods and services you want to buy;
- who we are, where we are based and how you can contact us;
- the total price of the goods and services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
- arrangements for payment of services, carrying out of the services, and the time by which we will carry out the services;
- the fact that we are under a legal duty to supply goods that are in conformity with the contract;
- We will give you this information in a clear and understandable way. Typically, we will do this in store before you buy the goods and services from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on making a cancellations and returns (see below).
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
- You may place an order for goods in-store by taking your goods to the counter/ check out or by speaking to a member of staff to place your order/ make you purchase. This shall constitute an offer by you to buy goods from us on these terms.
- When you place your order for goods, we will acknowledge it in-store. An acknowledgment does not mean that your order has been accepted by us.
- Acceptance of your order by us takes place if we agree to sell you the goods and we ask you for the purchase price for the goods and you pay us the purchase price and in return we give you the goods. At this point a legally binding contract is formed between you and us on these terms and conditions.
- If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18, or there has been a mistake regarding the pricing or description of the goods, then we will tell you. We have the right to reject any order and to refuse to sell goods to any customer for any reason.
- You may place an order for services (such as dining services in our café restaurant, water taxi services and/ or private venue hire of the barge) by making a booking/ reservation in-store or in the case of our entertainment nights, by purchasing a ticket in-store. You can do this by speaking to a member of staff.
- When making a booking for dining services and / or our water taxi service please make sure to read our booking and reservations terms and conditions which shall be available in-store and also on our website. Any booking or reservation made in-store shall be subject to these terms and conditions and in addition, the bookings and reservations terms and conditions.
- If you wish to purchase tickets for one of our entertainment nights (such as our comedy nights, live music nights or wine tasting nights) then you can do so by asking a member of staff in-store or alternatively by contacting us by email on [email protected], by telephone on +44 7761 116103, or alternatively by visiting us in-store. Tickets will be made available for purchase in advance and will be advertised on our website https://www.riverexecafe.com/ ,on our facebook page @riverexecafe, and in-store. Tickets will be priced per event and shall include entertainment, return water taxi and food and/ or drink as described in the promotion for the event. Any additional food or drink ordered by you on the evening will be additional and charged to you separately on the evening. The ticket price is payable in full up front and is non-refundable unless we cancel the event.
- If you wish to book our barge for private venue hire (for a wedding or other occasion) you may speak to a member of staff for further information. You may also contact us by email at [email protected] or telephone us on +44 7761 116103 for further information.
- When you make your booking in-store, this constitutes an order by you for services and your order is an offer to buy services from us on these terms and any other applicable terms (eg the booking and reservations terms and conditions). We will acknowledge your order in-store but this does not mean that your order has been accepted by us.
- Acceptance by us of an order for services takes place when we send you a booking confirmation email, at which point a legally binding contract is formed between you and us on these terms. If we accept your order, we will send you a booking confirmation email following completion of your booking in-store. In the case of entertainment nights, we will send you your ticket by email along with email confirmation. We can also print your ticket in-store for you on request. If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, then we will contact you using the details you provided when you placed your order. We have the right to reject any order for any reason.
- All orders are subject to availability.
- We cannot guarantee that any goods or services will be available at any given time. Where we do not have the goods in stock that you wish to purchase, we will try our best to order these into store for you at the earliest available opportunity or order them for delivery to you instead. Where a time and date specified by you for dining and water taxi services or private hire services are not available, we will discuss alternative options with you.
- In certain circumstances beyond our reasonable control (as set out below), it may be necessary (as decided by us in our sole discretion) to suspend the sale and supply of certain goods. Where this happens, we will tell you in-store when you come to make your order.
In certain circumstances beyond our reasonable control (as set out below) it may be necessary (as decided by us in our sole discretion) to close the café restaurant temporarily and to suspend supplying dining services, water taxi services and private venue hire services. If this happens before you place your order or make your booking in store, we will tell you in store at the time. If this happens after you have placed an order/ made a booking in-store and it affects your order or booking, we will notify you as soon as possible and we shall cancel or reschedule your order or booking; and:
- in respect of any affected services, either cancel your booking and provide you with a refund of any advance payments made by you for any affected services that have not yet been provided and in the case of venue hire, less any costs incurred by us up to that point including but not limited to staffing costs, consumables, bespoke decoration and hosting eg food and wine tasting in preparation for the private venue hire, or reschedule your booking to a future time and date as agreed with you in which case any advance payments made by you shall be retained by us for use against the rescheduled booking;
- For the purposes of this clause 8, circumstances beyond our reasonable control will include fire; casualty; flood; epidemic; pandemic (including COVID 19); World Health Organization travel advisory or travel alert; earthquake; explosion or accident; inclement weather; governmental restraints; act or threatened act of terrorism, strike, lockout, boycott or other labour disturbance, inability to secure sufficient labour; technical or other personnel failure or acts of God or any other cause not reasonably within our control.
- We shall not be responsible for delays, damages, loss, increased costs or other unfavourable outcomes arising by virtue of such circumstances as set out in clauses 8.3 and 8.4.
- As a result of the impact of an epidemic or pandemic (such as COVID 19) it may be necessary for us to reduce the number of attendees at a private venue hire event such as a wedding. In these circumstances, unfortunately you will not be entitled to cancel your agreement but we may be able to offer some reduction to the agreed fee or alternatively reschedule the venue hire for an alternative date to be agreed by you and us. Such matters shall be dealt on a case by case basis taking into account the circumstances at the time.
Making changes to your booking
- If you would like to make any changes to your booking/ reservation for dining and water taxi services after you have made it in-store, you can use the hypertext link in the confirmation email sent to you, or alternatively you can contact us directly using one of the contact methods set out at clause 2.1 above. Please have your booking reference to hand when contacting us to cancel or modify your booking. Please also see our Booking and Reservations Terms and Conditions for further information regarding making changes to your reservation and in particular regarding increasing and decreasing the number of guests per reservation.
- If you would like to make changes to a booking for private venue hire, please contact us as soon as possible (using one of the methods set out at clause 2.1) with details of the changes in order that we may see if we can accommodate your changes.
- Unfortunately we are unable to change your ticket for an entertainment night as we have limited availability and each night is a different offering.
Nature of the goods
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
- We are under a legal duty to supply you with goods that are in conformity with this contract.
- The packaging of the goods may be different from that shown in store.
- While we try to make sure that all weights, sizes and measurements set out in store are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in goods we sell.
- Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
- we will let you know if we intend to do this but this may not always be possible; and
- you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
Nature of the services
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
- where the price has not been agreed upfront, the cost of the services must be reasonable.
- Entertainment nights are described in the promotions advertising the nights in-store and on our website and facebook page, which include details of the evening’s entertainment, water taxi times and the food and/or drink included in the ticket price.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
Delivery of goods
- If we need to deliver goods to you or you ask that we do so, we will use Royal Mail. Information on delivery options and costs will be provided to you in store before you place your order and can also be found on our website. Please also refer to our delivery and returns policy.
- We will let you know in store or in the confirmation email the estimated date time window for delivery of the goods.
- If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
- Delivery of the goods will take place at the address specified by you when you placed your order with us.
- Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date we accepted your order in store or of your confirmation email (as applicable), we will:
- let you know;
- cancel your order; and
- give you a refund.
- We use Royal Mail Signed For 2nd Class service for delivery of goods. If no one is available to take delivery, Royal Mail will either post an attempted delivery notification through your letterbox with information on how to re-arrange delivery or they will follow the delivery instructions provided by you if they email/text you ahead of delivery with delivery options (eg leaving it in a specified safe location or delivering it to a neighbour or nearby business) in which case they will leave a notification or send you an email you to let you know where your package has been left.
- You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
- We will provide the dining services and/ or water taxi services at the time(s) and on the date(s) selected by you when you make a reservation/ booking in-store. Entertainment nights shall be provided on the time and date specified on your ticket. Private venue hire will be provided at the time(s) and on the date(s) agreed between you and us when you contact us to make your reservation.
- The dining services will be provided at The River Exe Café. Water Taxis services will be provided between Exmouth Marina from the Visitors Pontoon outside The Point Bar, EX8 1XA (customer pick up spot) and the The River Exe Café. Private venue hire services will be provided at the floating barge and The River Exe Café.
- We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If we have to suspend any services there might be a delay before we can start or restart the services, and we will contact you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any suspension and/or delay caused by circumstances beyond our reasonable control (for example, inclement weather, accidents or unpredictable traffic delays). Please also refer to clause 8 above.
- Where a suspension/delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the suspension of services is such so as to affect your reservation/ your order, we will contact you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a full refund for any order placed or a refund of any advance payments made by you for any services that have not yet been provided, or alternatively we will agree a new date with you if that is feasible. Please also refer to clause 8 above.
- We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to arrive on time at the water taxi customer pick up spot or at the café restaurant, or at the The River Exe Café for private venue hire services on the time and date agreed by you and us at the time of booking, or you fail to provide us with adequate instructions or information to allow us to perform the services.
- Any goods and/ or services we provide to you are provided for your domestic and personal use only. You must not use our goods or services for commercial, business or resale purposes.
- Prices for our goods and water taxi services are set out in-store. Prices for food and drink at the café restaurant can be viewed on our menus available in-store and on the website. Prices for tickets for our entertainment nights shall be detailed in promotions for the entertainment nights on our website, on our facebook page and in-store and you can speak to a member of staff to make enquiries about specific events. For prices for private venue hire please speak with a member of staff in-store, or alternatively contact us on [email protected] or telephone us on +44 7761 116103.
- All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but in the case of goods (where we have to deliver goods to you) exclude delivery charges and in the case of dining services, exclude service charge (a discretionary service charge of 10% shall be applicable on tables of more than 11 people). For information on delivery costs please refer to our delivery and returns policy available in-store.
- Prices for our goods and services, as well as delivery charges and service charges, may change at any time. Except as set out in clause 15.4 and 15.5 below, such changes will not affect existing orders.
- Please note the food menus will be sample menus only and food offerings at our café restaurant on the day of your booking may differ from the sample menu and therefore the prices may differ also.
- If there has been an error regarding the pricing of any of our goods or services and this affects your order, we will let you know in-store where applicable or alternatively we will contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
- We accept cash and most credit cards and debit cards. You can also pay by Apple Pay and Google Pay. All credit card and debit card payments need to be authorised by the relevant card issuer.
- Any goods you buy from us must be paid for in advance. We will take cash payment or payment from your card before we send you your order confirmation email.
- If you are buying dining services from us, we require a deposit of £10 per person which you are required to pay at the time you make your reservation for the café restaurant. We will take this payment from your card or in cash before we send you your booking confirmation email.
- If you are buying a ticket(s) for an entertainment night, the ticket price is payable in advance at the time of purchase. We will take this payment from your card (or in cash) before we send you the ticket and email confirmation.
- If you are buying private venue hire services from us, a deposit representing 50% of the agreed hire fee will be required to be paid upfront and at the time of making your booking. We will take this payment from you (by card or cash if you are in-store) before we send confirm acceptance of your booking. We will send you a booking confirmation email once the deposit has been paid. The balance of the hire fee shall be payable by you no later than 28 days prior to the agreed date for the venue hire. If after entering the agreement, any requests are made by you for additional goods and services to be made available on the venue hire date, the costs of such shall be agreed between us and shall be payable on or before the date of the venue hire.
- If you are buying services from us the following payment terms apply in addition:
- 16.6.1 Water taxi services - we will take payment for the full return fare at the time of customer pick up;
- Dining Services – we will take payment for your food and drinks at the Café Restaurant once you have finished your meal;
- Entertainment nights – ticket price is payable in advance upon purchase and covers the entertainment, return water taxi and food and/or drink as described in the promotion for the event. Any additional food or drink ordered by you on the evening shall be additional and charged to you separately on the evening;
- Private venue hire – we will issue you with VAT invoices for the agreed hire fee deposit and final balance at the appropriate times. The invoices will be sent to at the email address you provided when you placed your order and must be paid by you within 5 days of receipt.
- If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 4% per year above the Bank of England’s base rate.
Cancellation and returns
- We do not accept returns of goods purchased in- store other than in accordance with clause 19.
- In respect of orders for services made in-store:
- for dining and water taxi services you have until 48 hours prior to the reserved time and date in your booking to cancel and received a full refund of your deposit. If you cancel after that time your deposit shall be non-refundable; and
- for private venue hire, subject to clauses 8.4 and 8.7, you will have until 90 days prior to the agreed venue hire date to cancel your reservation and receive a full refund of your deposit. Should you cancel less than 90 days prior to the agreed venue hire date, your deposit will be non-refundable.
- To cancel your order, please call into our store and speak to a member of staff or email us at [email protected] or call us on +44 7761 116103. For dining and water taxi services, in order help us process your cancellation more quickly, please have your booking reference number ready or include it in the email or cancellation form you send to us.
- Tickets purchased for entertainment nights cannot be cancelled as they are non-transferrable and non-refundable.
- Please see our delivery, cancellations and returns policy (available in-store and on our website) for further information on your right to cancel.
Refunds if you cancel your order
- If you exercise your right to cancel an order for services under clause 17, we will provide you with a refund of any deposit paid within 14 days of receiving your cancellation notice.
- We will issue your refund to the same payment method you used when you placed your order.
- Please see our delivery and returns policy (available in-store and on our website) for further information.
Faulty goods or services
- Any goods that we provide to you must be as described, fit for purpose and of satisfactory quality. Any services that we provide to you must be provided with reasonable care and skill.
- We are under a legal duty to supply goods and services that are in conformity with our contract with you.
- If there is a problem with any goods or services you have purchased from us, please contact us as soon as reasonably possible.
During the expected lifespan of any goods that you have purchased from us, you are entitled to the following:
Up to 30 days: If your goods are faulty, you can get an immediate refund. Up to six months: If the goods cannot be repaired or replaced, then you are entitled to a full refund in most cases. Up to six years: If the goods do not last a reasonable length of time, you may be entitled to some money back.
- This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 17 above and as per our delivery and returns policy (available in-store and online). For more detailed information on your rights visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
Events beyond our control
- We are not liable to you if we fail to comply with any terms of our contract with you because of circumstances beyond our reasonable control.
Limitation on our liability
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when the contract was formed;
- losses that were not caused by any breach on our part;
- business losses; or
- losses to non-consumers.
- Specifically, when you use our dining service you are wholly responsible for your personal belongings including clothing and any personal items you may have with you. We shall not be responsible for any stolen personal items, it is your responsibility to keep them safe and keep them by or on you. We shall not be responsible for any lost personal items or for damage caused to personal items in any situation unless we are at fault. If an incident happens during your visit to the café restaurant, and your personal items are lost or damaged and we are at fault, then we will reimburse you the cost of those items on a like for like basis taking into account the age of the item(s) and their condition immediately prior to the incident occurring. We will require proof of purchase of any such items showing the original cost and date of purchase.
- Specifically, when you use our water taxi service you are wholly responsible for your personal belongings including clothing and any personal belongings you may have with you. We shall not be responsible for any stolen personal items, it is your responsibility to keep them safe and by or on your person. We shall not be responsible for any lost personal items or for damage caused to personal items in any situation unless we are at fault. If an incident happens getting on or off the boat or during the journey and your personal items are lost or damaged and we are at fault, then we will reimburse you the cost of those items on a like for like basis taking into account the age of the item(s) and its/their condition immediately prior to the incident occurring. We will require proof of purchase of any such items showing the original cost and date of purchase.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
Third party rights
- No one other than you and us has any right to enforce any of these terms.
- We will try to resolve any issues with you quickly and efficiently. If you are unhappy with the goods you ordered or services we have provided to you, or any other matter, please contact us as soon as possible by emailing us at [email protected] , writing to us at The River Exe Café, Unit 1, The Point, Pierhead, Exmouth, Devon, EX8 1FE, United Kingdom, or telephoning us on +44 7761 116103, setting out details of your complaint.
- If a complaint/ dispute cannot be resolved between us and you via exchange of communications or you are unhappy with the outcome of your complaint, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
- If you would like to pursue ADR, you will need to submit a complaint to Retail ADR (previously the Retail Ombudsman) in writing (at Retail ADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email ([email protected] ) or by phone (+44 (0)20 3540 8063).
- If you do not wish to use ADR or you are unhappy with the outcome of ADR, you can still bring court proceedings.
Governing law and jurisdiction
- The laws of England and Wales apply to these terms and conditions, and the relationship between you and us (whether contractual or otherwise), although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
- You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
- If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
- If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
River Exe Cafe Ltd
Last updated 15th December 2022