Terms of ordering

These terms apply when you order from Ember & Rye on this website. Please read them before you place an order. They are short on purpose.

You are buying food and drink from Ember & Rye ("the restaurant"). The restaurant prepares your order, sets its prices, menu, opening hours, delivery areas and fees, and is responsible for the food, its allergen information and its quality. You can reach the restaurant at: 214 Mare Street, London E8 3RD, E8 3RD, 020 7946 0321.

This website is run for the restaurant by DelishOS, a software service. DelishOS provides the ordering system, passes your card payment to the restaurant's own payment provider and sends you messages about your order. DelishOS does not sell, cook or deliver food. Where these terms say "we", they mean the restaurant, helped by DelishOS.

• When you place an order, you are making an offer to buy. The order is accepted when the restaurant accepts it on its screens; you will see this on the order page and in any message we send.
• The restaurant may decline an order, for example if a dish has sold out, the kitchen is too busy, or your address is outside its delivery area. If it does, you will not be charged, or any payment taken will be refunded in full.
• Prices are shown in the restaurant's currency and include or add tax as the page says for your country. Delivery fees, service charges, tips and any minimum order are shown before you pay.
• Times are estimates. The restaurant will do its best to keep to them, and the order page shows its progress.

Allergen information comes from the restaurant. Kitchens handle many ingredients and cannot always rule out traces. If you have an allergy or intolerance, contact the restaurant before you order and tell it about your allergy. Our automated assistant, where offered, never answers allergy questions; it passes them to a person at the restaurant.

• Card payments are handled by the restaurant's payment provider (Stripe, or XPay in Pakistan), and the payment goes to the restaurant. Your full card number goes straight to the provider; neither the restaurant nor DelishOS sees or stores it.
• For some orders the payment is authorised when you order and taken when the restaurant accepts. If the order is declined or cancelled before it is accepted, the hold is released.
• Cash and pay-at-table options, where offered, are settled with the restaurant.

• Because food is made to order and perishes quickly, you cannot cancel once the restaurant has started preparing your order, and the usual 14-day right to cancel for online purchases does not apply to it.
• If something is missing, wrong or not of satisfactory quality, contact the restaurant as soon as you can. The restaurant decides on refunds and replacements, and your legal rights as a consumer are not affected.
• Refunds go back to the way you paid. Card refunds usually reach you within 5 to 10 working days, depending on your bank.

Offers, promo codes and rewards are run by the restaurant and follow the conditions shown with them. The restaurant may end an offer at any time, but an order you have already placed keeps the price you were shown. Codes can't be exchanged for cash.

• You can order as a guest or sign in with a code sent to your phone or email, or with Apple or Google. Keep access to your phone and email secure.
• We send messages about your order (confirmation, progress, receipts). Marketing messages are only sent if you agree, and every one tells you how to stop them.
• How your information is used is explained in the privacy notice.

Please don't misuse the site: no fake orders, no attempts to break or overload it, no use of someone else's payment card, and no automated ordering without the restaurant's agreement. The restaurant may refuse orders, and DelishOS may block access, to stop fraud or abuse.

• Nothing in these terms limits liability that the law does not allow to be limited, including for death or personal injury caused by negligence, or for fraud.
• The restaurant is responsible for the food it sells you. DelishOS is responsible for running the site with reasonable care and skill, but is not responsible for the food, its preparation or its delivery.
• If the site is unavailable for a while, we are sorry: please contact the restaurant directly to order.

These terms are governed by the law of England and Wales. If you live in another country, you keep all the protection that the consumer law of your country gives you, and you can bring a claim in the courts where you live. The sale of food itself is also subject to the law where the restaurant trades.

We may update these terms from time to time, for example when the law changes. The version shown when you place an order is the one that applies to that order.

For anything about your order, contact Ember & Rye: 214 Mare Street, London E8 3RD, E8 3RD, 020 7946 0321. For anything about this website or how DelishOS handles your data, write to privacy@delishos.co.