GOLDEN DRAGON CORNWALL: TERMS AND CONDITIONS OF SALE
Golden Dragon Cornwall is the operator of the Golden Dragon Chinese Takeaway at 11 Old Bridge Street, Truro, Cornwall TR1 2AQ. These Terms and Conditions of Sale govern our provision of all Chinese and English foodstuffs from that address. They do not affect your statutory rights.
These are the Terms and Conditions in force as at:
In the unlikely circumstance that you have a problem with your order, please print this page as guidance and evidence of the Terms and Conditions of Sale in force on the day your order was placed. The Terms and Conditions of Sale published on this page were last updated on 1st. May 2012 at 4.30pm.
We reserve the right to change these Terms and Conditions at any time and without prior notice. Any changes will be published here and the issue date revised.
Please read these Terms and Conditions carefully before placing your order by telephone or in person at the Golden Dragon Chinese Takeaway.
- Golden Dragon Cornwall, Golden Dragon Chinese Takeaway, "we," "our" and "us" refer to Golden Dragon Cornwall.
- "Customer", "you", "your" and "yours" may refer to a person or business entity who have made a contractual agreement to purchase foodstuffs from Golden Dragon Cornwall by placing an order with us, or a person or business entity negotatiating to enter - or enquiring with a view to entering - a contractual agreement to purchase foodstuffs from Golden Dragon Cornwall by placing an order. Which definition applies shall be determined by the context of each Condition.
1. Service Provision:
Golden Dragon Cornwall can accept orders for foodstuffs when they are made in person at their premises 11 Old Bridge Street, Truro TR1 2AQ or made by telephone to their telephone number: 01872-222303 (all subject to the terms below.)
All orders accepted by Golden Dragon Cornwall are agreed on the understanding that the food so ordered will be collected by the person who made the order or by their agent.
Golden Dragon Cornwall does not currently offer a delivery service of any kind.
2. Commencement of Contract (Acceptance of Orders):
Any order made by you for items advertised in our printed menu or on our website is an offer by you to purchase the items you have selected. No contract exists between you and us for the sale or purchase of those items until we have received your order and we have accepted it.
Acceptance of all or any part of you order is entirely at our discretion.
Our acceptance of your order (and hence of a contract between us) will be signified by a verbal confirmation from one of our staff and evidenced by both the input of those ordered items into our Electronic Point Of Sale (EPOS) computer and a print-out of those items therefrom.
Once a contract has been entered into (when an order has been placed by you and accepted by us,) we accept that we have an obligation to provide the foodstuffs ordered (subject to any further conditions below) and you accept that you are still liable for the purchase and have an obligation to pay for the ordered foodstuffs, whether or not you have collected them (subject to any further conditions below.)
If an order is made by telephone (thereby making a verbal contract for the stated foodstuffs) and the foodstuffs ordered thereby are not collected and/or paid for in a timely fashion (subject to any further conditions below,) then you have broken the agreed contract. Since we cannot resell any food once it had been cooked to order, non-collection and/or non-payment causes us a direct financial loss and we reserve the right to seek legal recompense or redress, under the provisions made in Civil Law or Criminal Law (as applicable.)
Your rights: any contracted order is subject to your right of cancellation provided that the ordered items have not yet been cooked and are not yet in the process of being cooked (see Condition 6, below.)
Our rights: we have the right to terminate the contract without the provision of any ordered foodstuffs if the price agreed for the contract is not received in cleared funds at the time of ordering (for walk-in customers) or collection (for telephone orders.)
3. Descriptions and prices of foodstuffs:
Descriptions and pricing of our dishes can be found on our printed menus and on this website. The descriptions and, especially, the prices of the foodstuffs we have for sale are those listed on the most recent print-run of paper menus and on the current version of the website found on the servers of our contracted web-hosting company. In ordering from us you accept that the latest and most current physical and electronic versions of our menus have superceded previous versions and that the descriptions and prices in the latest versions (at the time of ordering) are the ones that currently apply.
We take pains to describe and price our food as accurately as possible, but slight inaccuracies and errors may sometimes occur. Prices and descriptions are offered "Errors and Omissions Excepted."
Ingredients may also sometimes vary due to seasonal fluctuations and supplier availability and we reserve the right to substitute the advertised ingredients should this prove unavoidable.
We reserve the right to amend the recipe for or the price of any dish at any time and without any prior notice. Permanent changes in recipes and/or ingredients will be noted on our website as soon as possible and on our printed menus at the next print-run. To get a clearer idea of the ingredients currently in use, please check with our chefs via one of our customer service team.
If you have specific allergies to food ingredients or unusual dietary/religious food requirements, you are advised that any guidance given on our printed menus, on this website and by our staff can be taken as indicative only. While we can be confident that our chefs will not add meats, vegetables or seasoning when you have asked for these to be omitted, we cannot guarantee that any such ingredients or additives have not been added during an earlier process (including the manufacture of any commercial ingredients used by us.)
We cannot, therefore, accept liability for any ill-health or ill-affects or mental anguish caused by such ingredients or additives, whether or not we have been advised of any potential allergic reactions, ill-health or ill-effects or religious commitment unless such responsibility exists under a law or regulation applicable to food-providers. Guidance given by staff is offered as being to the best of their belief and does not override any of the terms and conditions of sale specified in these Terms and Conditions of Sale.
Images of dishes used on our menus and on this website are intended to be representative and not absolute. While using this website or reading from our published menus you are accepting that such product-images are provided for illustrative purposes only and may differ from the products actually provided.
4. The Ordering Process
Ordering Clarity and Mistakes: Our reception counter and telephone is immediately between our open kitchen and our waiting area. The kitchen has a powerful smoke and fume extraction system which can be quite noisy when operating at full power. Noise from stir-frying, voices of busy staff and chatting customers can also build up at times, making it hard for staff to clearly hear the specifics of orders being made - particularly telephone orders when lines are bad or customers are using mobile phones in areas of poor coverage.
Because of this, staff can occasionally mis-hear items ordered by customers, causing errors or inaccuracies in the order list (e.g. staff may hear "fried rice" [egg fried-rice] due to a drop-out on the telephone line, whereas in fact the customer may have said "beef fried rice.")
Our staff will try to double-check the order when they feel that the ambient conditions may lead to such errors or inaccuracies, but we can accept no liability for any loss, additional outlay or inconvenience caused by any error or inaccuracy in the order due to any factor which has caused the order to be mis-heard and which has resulted in items expected by customers not being provided or being provided incorrectly.
To limit the possibility of mis-communication, we advise that you should clearly state the name and/or number of every item you wish to order to our staff and ask them to repeat the order back to you - either item by item, or as a complete list once you have finished communicating your order - so that you can confirm that they have heard all items correctly. Once our staff have read back the list of items in your order they have entered on to the EPOS computer and you have accepted that list, this is taken to be the contracted order and you become responsible to purchase and collect it.
Please also make sure that our counter-staff have your name, so we have a clear means of identifying you when you collect your food and so that orders are not taken by the wrong customer. Since many of our staff speak English as a second language, please speak clearly and be prepared to spell your name slowly to make sure it is recorded correctly.
Where errors or omissions in the order occur, we will normally attempt to provide suitable rectification or recompense in order to preserve our valued relationship with our customers (see our conditions governing Collection and Acceptance, below) but this is at the discretion of our staff and we accept no obligation to do so.
The types of rectification we may offer can be found in Rectification and Recompense For Errors below.
Customisation: our EPOS system allows us to enter a wide range of your requests for variation and customisation of ingredients onto the computer, which are then translated into Chinese for our chefs to read when the order is printed.
It is advisable for you to make it clear whether your customisation requests are due to simple dislikes or whether they might have more serious implications in terms of allergies, religious conviction or dietary requirements with medical implications.
Our conditions governing accurate registration of your customisation requests or for any errors or omissions caused by ambient conditions or communication media are the same as those for ordered items, as specified in Ordering Clarity and Mistakes above.
Set Meals: Where staff are not busy and requests to change one or more set meal items are accepted, the following shall apply:
- if the requested alternative(s) is/are cheaper than, or the same price as, the item it is/they are replacing, then the normal set meal price will apply
- if the requested alternative(s) is/are more expensive than, or the same price as, the item it is/they are replacing, then the normal set meal price plus the difference in price between the original and alternative dishes (as per our standard menu) will be charged.
Prices: The prices on our EPOS computer are those advertised on our printed menus and this website (errors and omissions excepted.) When you have agreed your order, the Golden Dragon Chinese Takeaway receptionist will be happy to confirm the total amount of the bill on request. If the bill is larger than you expected, you have the chance to remove items from the order or cancel the order at that point.
If, at the time of acceptance of your order, we make an error in the price of any item and this is subsequently discovered prior to collection, we reserve the right to offer you one of three options prior to payment, in order to recoup the loss:
- your acceptance of a new order at the correct price(s);
- your cancellation of the whole order; or
- your cancellation of the order for wrongly-priced items and acceptance of the order for the correctly priced items only.
5. Collection Times and Timeliness:
When an order is placed by telephone, the reception staff will indicate how long they expect the order will require to be readied for collection. This will be expressed either in terms of a number of minutes from the order time or as a specific clock time.
If you order in person and do not require the food immediately, but wish to go somewhere else first, you may also wish to agree a time for food collection. Or if the chefs have a number of back orders, the counter staff may warn you of the anticipated lead-time before your order is confirmed in any case, so that you know roughly how long you will have to wait and have the chance to cancel your order, should you not have enough time to wait.
Estimated waiting times given by staff are indicative values only and are our staffs' best estimates based on previous experience. Collection times can in no way be treated as contractual.
If you are going to ask a taxi to pick up your order, please tell us so we a give it special attention. However, we can still not accept liability for extra charges made by the taxi company should the order not be ready on time, due to unexpected factors.
We are normally able to finish cooking your order within plus or minus 2-3 minutes of the stated time. But while we are generally able to complete your food on time, there are many variables in the cooking process (e.g. mechanical problems, short-fall of specific items requiring ad hoc preparation on the fly and either the stir-fry chefs or the deep-fry chefs becoming overloaded due to an unusual imbalance of orders requiring their action) which can disrupt the schedule and timeliness of the cooking and cause orders to be finished later than expected.
We usually succed in making sure that this does not happen, but should unexpected circumstances cause delays to occur, we appreciate your patience. We regret that we accept any liability for delays, financial loss or inconvenience caused to customers by late delivery of food items.
If the cooking is completed slightly early or if you arrive later than expected, then it will be kept in insulated containers to keep it as warm as possible until you collect it. However, we can accept no liability for the food being below optimal temperature if customers arrive later than has been agreed.
Should cooking of an order not have been started at the time agreed for delivery and you are short of time, you have the option of cancelling the order and receiving a full refund, at your discretion.
Optionally, the counter-staff may offer you recompense in another form when delivery has been significantly later than their indicative time. Forms of recompense are listed in Rectification and Recompense For Errors below.
Orders are cooked on a first ordered first cooked basis (for most walk-in customers,) or in agreed delivery-time order (for telephone orders and walk-in customers who have agreed a later collection time,) but the chefs may speed up the cooking process by cooking dishes from the first 1-3 orders on their schedule (where these are the same) at the same time.
Small orders may occsionally be promoted up the cooking schedule where this relieves pressure on space in the waiting room.
It may occasionally appear that someone who ordered later than you has got their order before you. This usually occurs only because some of your order items are deep-fried and may be taking longer than items in subsequent orders. Spring rolls take a long time to cook all the way through, for example.
Outside this consideration, if you feel that people who ordered later than are getting their food first, please raise this with the service staff, to check that your order is being cooked appropriately and no errors have occurred.
6. Cancellation and Refunds
Cancellation Policy: Your right to cancel your order is acknowledged by us, but is subject to the conditions below.
To cancel your order, please tell our counter staff (for orders made in person at the Golden Dragon Chinese Takeaway for later collection) or (for orders made by phone,) telephone us again on 01872-222303. Orders made at the counter for immediate collection may not be cancelled if cooking has commenced.
Cancellations must be received by us 15 minutes before the agreed collection time or before our chefs have started to cook items in the order, whichever is the later. After this time cancellation would cause food to be wasted and involve us in a direct financial loss, so we deem the order to be inviolable and expect payment and collection to be made.
Refund policy: If your cancellation makes you eligible for a refund, we will refund you according to the method used when you paid for your order (cash or card.) Please note that it is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Any delivery charges are non-refundable.
6. Collection and Acceptance
Additional Items: If you find that you have been given an item you did not order before you leave the premises, please be honest and let our staff know. If it is in your order, it probably means it has been missed out of someone else's order and they may suffer considerable inconvenience later.
If you find an extra item once you have left the premises, please let us know as soon as possible. We will probably accept that it was our error and allow you to keep it, but if you let us know, we may be able to save another customer from a shortfall.
Missing Items: We try hard to check and double-check orders to make sure that all dishes on the order have been included and all dishes are as you have specified. At peak hours, however, mistakes do sometimes occur, regardless of our best efforts.
We know that this is very annoying for customers - particularly for those customers who have driven some miles home after collecting their orders - so we recommend the following:
- Please note down a list of the items you have ordered and ask the counter-staff to read out their order print-out when you collect, so that you can verify all the items you expected are on it. We have had circumstances where counter-staff have misheard items and also where customers themselves have forgotten to add some items. A verbal check can pick up both these problems at a time when they can be easily rectified.
- Check it the items you receive against your list or against our order print-out before you leave our premises. This will also make sure that any missing items are detected and can be immediately cooked before you go home. We need to retain the order print-outs for tax calculations, but they can provide a quick reference while you are still at the counter.
If, despite these precautions, you discover part of your order to be missing once you have left the premises, please notify us immediately. We may have found a missing item in the meanwhile and, therefore, may be aware that a problem has occured. Please be aware, however, that we have had circumstances where customers have reported an item missing when they have arrived home, where we are sure all items were provided. So staff may appear suspicious in such circumstances.
While we will try to offer replacement or recompense for any missing items, where the balance of likelihood is that a mistake was made by one of our staff, such replacement or recompense is entirely at the discretion of our staff. We can accept no liability, financial or otherwise, for items missing from an order once the order has been accepted by a customer and has been removed from the premises. Possible rectifications which staff are allowed to provide are listed in Rectification and Recompense For Errors and Delays below.
Missing items must be reported the same day as the order was collected. Missing items not so reported cannot be replaced.
Wrong Items, Damaged Items or Items Not As Specified: While it should be possible for missing items to be detected by customers by running the checks we have recommended above, it is less likely that customers will detect an item which is not as they have ordered until they go to eat it.
If you find that any item is not as you have ordered, please let us know immediately. If staff can confirm that it the item is indeed not as per your order (as verified against our order print-out, which you have agreed) then item should be returned to us within one day for replacement, refund or other recompense as scheduled in Rectification and Recompense For Errors and Delays below.
We accept liability only to the value of the item wrongly provided, although staff may offer additional recompense at their discretion, subject to the limits listed in Condition 8, as mentioned.
Item Not Required: we cannot accept the return of any dish which has been provided correctly as per your original order. Under UK Hygiene regulations, dishes removed from our premises and returned cannot be resold and must be wasted, which would cause us an unacceptable financial loss.
7. Settlement, Payment and Tax
Settlement and Payment: Your food will not be released to you until payment has been made.
We accept payment in cash or through the use of debit, credit or charge cards acceptible to our Merchant Services provider (normally cards issued through Visa, Mastercard and American Express.) If the card is verified and accepted using the chip and pin device supplied by our Merchant Services provider or accepted using another form or security verification acceptable to our Merchant Services provider, we will accept card payment. If the card transaction is declined, then we will not accept card payment and will require the outstanding amount to be paid in cash or using a different card that is accepted.
Please note that you remain liable for payment of your contracted order, once this has been cooked, whether or not card payment can be used.
When using a credit, debit or charge card for payment, you are consenting to allow us to run checks via our Merchant Services company to verify your identity and the validity of your account. More detail about the data protection implications of these checks can be found under the Data Protection clauses below.
Where credit, debit or charge cards are used as payment, no charge will be made, except where the payment is less than £10, when a 50p surcharge will be levied to cover charges made by our Merchant Services provider. If your bill is less than £10, please draw cash from a cash machine prior to coming to collect your food, if you wish to avoid the surcharge.
Where outstanding sums are paid in cash, we reserve the right to refuse to accept Scottish banknotes or any other note that we suspect to be fraudulent. Our decision on that matter is final and such refusal does not release any customer from the obligation to pay for their contracted order once it has been cooked.
Cheques will normally be accepted only on rare and exceptional occasions at the discretion of staff. Any cheques must be backed by a cheque card that guarantees they will be paid by the issuing bank. Staff do not have discretion on that requirement.
Tax: Value Added Tax (VAT) is included in the prices of all dishes you see on the menu. There is no additional VAT to pay.
Credit Notes and Vouchers: Special Offer Vouchers and Credit Notes issued in recompense for mistakes made in a previous order may be offered in whole or part payment for orders. Special Offer Vouchers and Credit Notes may not be redeemed as cash. Please make sure that you tell our counter-staff that a Credit Note will be used at the time of ordering so that the bill can be discounted before it is printed. We may not be able to accept a Credit Note after the bill has been printed, since the bill has already been recorded for VAT.
Only one Special Offer Voucher may be used with any order. Free Prawn Crackers or Fortune Cookies normally presented at certain order value thresholds (see below) will not be given if the used value of the Special Offer Voucher takes the actual cash value of the order below those thresholds.
Special Offer Vouchers must be originals. We will not accept Special Offer Vouchers that we believe to have been reproduced.
Freebies: free bonus items will be offered according to the following schedule:
- Order value over £5: one free fortune cookie
- Order value over £10: two free fortune cookies
- Order value over £20: two free fortune cookies + free bag of prawn crackers
You are not obliged to accept any free bonus item. The bonus item cannot be redeemed as a cash value.
8. Rectification and Recompense For Errors or Delays:
Unavailable Items: Very occasionally we have an unexpected demand for one of foodstuffs and run out of the ingredients necessary to its preparation. Normally we will be aware of this before an order is made, and will advise customers that the item is unavailable, so that they can select another.
Where stock becomes exhausted between the times of ordering and collection, we will try to contact
Orders Unavailable At The Agreed Time:
Wrong or Damaged Items, or Items Not As Per Requested Specification:
Food Gone Cold:
9. Data Protection:
Golden Dragon Cornwall will take all reasonable precautions to keep the details of your order and payment secure but unless the company or its agents can be shown to be criminally negligent under the terms of British Law, then Golden Dragon Cornwall can accept no liability for unauthorised access to, and misuse of, any information supplied by you.
To ensure that your credit, debit or charge card is not being used without your consent, we use a secure chip and pin device to check your card details and verify them by TCP/IP or telephone modem with our Merchant Services provider. By paying with a credit, debit or charge card you are consenting for these checks to be performed.
In such rare circumstance where the chip and pin device is not working or otherwise unavailable we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases, via our Merchant Service company's telephone hotline. By paying with a credit, debit or charge card you are consenting for these checks to be performed.
In performing these checks personal information provided by you may be disclosed by our providers to a registered Credit Reference Agency which may keep a record of that information. This is done to confirm your identity. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. As part of our security check we may possibly ask for additional information or documentation to help support the data you supplied. You may choose to withhold such information, but we in turn reserve the right to refuse your payment by credit, debit or charge card where the information you have provided is not, in our opinion, adequate for our Merchant Services provider to confirm your identity or where the Merchant Service provider themselves decline the transaction.
Where this is the case we will still accept payment in cash.
When you make a telephone order, your number is recorded by our EPOS computer in case we need to call back to discuss your order or the timing of your order. By making a telephone order with the Golden Dragon Chinese Takeaway, you are consenting to your telephone number being automatically recorded and stored by us.
Where the telephone number is withheld, we reserve the right to refuse to accept the order or to ask the caller to call back without their number being blocked or to ask for the number, at our discretion.
Governing Law and Jurisdiction: These Terms and Conditions of Sale and the supply of the items will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Partnerships and Reciprocal Relationships: Golden Dragon Cornwall is a sole trader operating in Truro, Cornwall. We do not have any affiliation to any other takeaway or restaurant businesses, whether under the name of Golden Dragon or otherwise. Nor do we have additional outlets other than the Golden Dragon Chinese Takeaway at 11 Old Bridge Street, Truro.