What are the legal bits?
Welcome to Samdai (“us”, “we”, “our”). This page (along with any other documents referred to in it) tells you the terms which apply when you order with one of our participating retailers (“Partners”) or related services through the use of our technology, including our app or website samdai.co.uk (each referred to as the “Application(s)”).
Any individual, or corporate entity represented by a single authorised individual (“User”), who uses our Application(s) is entitled to certain legal rights. Information relating to these rights can be found at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. Please note that these Terms may be subject to change from time to time. We will notify you whenever we make such changes, and they will apply to all orders placed the day after the date the amended Terms have been published.
These Terms include special conditions which are solely applicable to third-party providers of collection and delivery services (“Suppliers”) and special conditions that solely apply to Partners. Unless explicitly stated otherwise, these Terms will apply to Users and Partners.
1.0 ABOUT US
Samdai is a limited company registered in England and Wales under the company number 11957671. Our registered office is at Sheffield Science Park Cooper Building, Sheffield, England, S20 1BA. If you would like to contact us, this can be done by email at [email protected], by completing the form on our website under T&C’s.
Our objective is to link you to our Partners and allow you to order their Goods for delivery through our third-party providers of collection and delivery services (“Suppliers”). When you order from one of our Partners, Samdai acts as an agent on behalf of that Partner to arrange your order and manage your personalised experience throughout the order process.
2.0 PARTNER AVAILABILITY
Our Partners each have a prescribed delivery area. The radius of this delivery area may change at any time due to factors such as demand on our service, service improvement or weather. These changes will occur for the purpose of ensuring that your delivery arrives as promptly in the best condition possible. Our Partners each choose their own operating hours. This means that the availability of our Delivery of Goods, and the range of Partners you can order from, depends on the area in which you wish to place an order. If you attempt to order from a Partner outside their operating hours or delivery area, delivery will not appear as an available option. Delivery will also be unavailable on occasions where the Applications are inaccessible for any other reason.
3.1 When you use one of our Application(s) to place an order, it must be accepted by us or the Partner whom the order was placed with before it is confirmed. Once your order has been confirmed and accepted, we will send you a notification (“Confirmation Notice”). Any contract for the Delivery of Goods comes into existence when we send the Confirmation Notice.
3.3 The obligations described in 3.2 must be adhered to regardless of whether the User is the intended recipient of the order.
3.3 Through the Partner’s store, the User will confirm the Collection Address (the collection address of the Goods entered by the User), the Delivery Address and the Recipient (the person or corporate entity represented, whose identity and contact details are entered in the Partners store by the User as Recipient of the Goods) to which the Supplier must deliver the Goods (the item(s) subject to the order request, with the exception of the Excluded Goods mentioned in section 3.7), together with, as a minimum, an email address, which may be that of the User and/or the Recipient. The User agrees that this information is essential for the Delivery of Goods (the service provided by the Supplier(s) to the User via the “Application(s)”) on the foundation of which the Supplier is bound).
3.4 The User signifies to us and the Supplier that it shall:
Request the Delivery of Goods to a named individual;
Have prior permission of the Recipient to communicate to us and the Supplier the information entered concerning them, which may include surname, forename, postal address, and email address, to allow for the Delivery of Goods;
Not request Delivery of Goods to a Recipients who is unreachable, or which would require unreasonable efforts by the Driver, such as Recipients who may be imprisoned or whose address is unreachable via land and/or not close to marked roads;
Only use the Applications for legal purposes.
3.5 All items advertised by our Partners are subject to availability. Although every effort is taken by our Partners to ensure this availability is regularly updated, mistakes may occur. Any mistake caused due to a lack of availability regarding the particular item(s) will be the sole responsibility of our Partners to rectify. Your ability to return any item(s) to our Partners is subject to the Partner’s returns policy in which you should address any queries relating to the item(s) to the Partner.
3.6 If you are using the Service as a Partner to deliver your item(s) to a User, the contract of sale in relation to your item(s) is made between you and that Customer and not with us or the Driver.
3.7 You may not use our Application(s) to transport any goods, products or items that are deemed illegal in the UK or any weapons, living organisms, such as animals or medical waste. The excluded items can be seen below:
All goods which, through their nature and/or their packaging, may present a danger to, or damage the environment, such as, without limitation, weapons or machines intended to explode through modification to the atomic nucleus, fuels, including nuclear, radioactive product or waste, or any other source of ionising radiation, or any other goods connected to the supply of goods or services concerning a nuclear facility, or directly affecting a nuclear facility;
Intrinsically illegal goods, restricted goods, or goods whose transport and/or holding and/or offering and/or sale and/or acquisition and/or use are prohibited by law;
Goods whose sending and/or receipt is illegal due to the capacity of the issuer and/or the recipient, such as, without limitation, goods whose holding and/or offering and/or sale and/or acquisition and/or use by a specific person is prohibited due to a legal, regulatory or contractual provision (e.g. tobacco or alcohol to minors, health products requiring a medical prescription);
Goods that can only be transported by a regulated profession, such as, without limitation, jewellery, watchmaking items, precious metals and stones, money, currency, bank notes, financial securities, securities or means of bearer payment, bills of commerce, gift vouchers, telephone or equivalent cards, and generally any paper or other document subject to the legality of the transfer of funds and making it possible to make a payment or any means of payment such as a bank and/or credit card; or, munitions, gas, inflammable, radioactive, toxic, infectious or corrosive materials;
Animals and human beings, alive or dead, including all or part of their bodies and/or organs, and/or materials or fluids derived from the body (blood, urine, etc.), or products of human or biosynthesis origin deriving directly from products of human origin, including those intended for the treatment or diagnostic operations on the human body.
Goods made of asbestos or lead.
3.8 The Partner warrants that they will indemnify and defend us fully against any claims of legal proceedings brought against us by any third party (including Users) as a result of your breach of these Terms.
3.9 The Partner is responsible for packaging the items being collected in a form that is suitable for delivery by our Driver.
4.0 FORMATION OF CONTRACT
4.3 The delivery request (“Request,” a request by a User for a Delivery of Goods via the Application(s), including a Collection Address, the Partner who will be sending the Goods (“Sender”), a Recipient, and a Delivery Address, is provided by the User, via our Application(s), and constitutes an offer for services of Delivery of Goods at the price communicated with the User.
5.1 Prices for the Delivery of Goods may change as Samdai, and its Partners reserve the right to make these changes at our discretion. Changes in price may occur whilst the User is still browsing the Application(s).
5.2 No changes in price will affect current confirmed orders, or orders in the process of appearing in our Partner’s basket, providing the order is completed within 15 minutes. If your order is not completed within this 15-minute period, the new price changes will be applied to any new orders. The only exception to this will be if there is an obvious pricing mistake with the delivery Fee. In this case, we will notify you as soon as we possibly can, and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid for Delivery of Goods.
5.3 All total prices for your orders will be shown on the checkout page on our Partners sites, including the prices of items, delivery, and taxes.
5.4 As a Partner in respect to us providing our Services and delivery, you shall pay to us all fees and charges set out or referred to in these Terms (collectively the “Fees”).
5.5 When a request for a Supplier is made via the Application(s) from our Partners, your payment instruction will be processed by us. Fees shall be charged to the respective credit or debit card that is active in our system for the full value of the Fees accumulated.
5.6 When you provide us with any credit card or other payment card information, you signify that such payment information is correct and belongs to you or you have the authority to use such payment method.
6.1 Orders placed through our Application(s) are for same day, two-hour delivery. Once orders are placed, delivery will be attempted as soon as possible; you must therefore be available to accept delivery from the time you place your order.
6.2 Although delivery is stated to be within 2 hours, despite the Supplier and Partner’s best efforts, things do not always go to plan and factors such as weather, service demand and traffic may prevent our Drivers from delivering your items on time. If we become aware that your delivery will be late, we will proactively notify you by email or text, unless you have caused the delay (e.g., because you gave the wrong delivery address). In either circumstance, we will not be held responsible for a non-delivery or late delivery. We shall only be required to facilitate collection and delivery of goods, products, and items through our Application(s) to locations within the delivery area.
6.3 The Supplier is deemed to be in possession of the Goods once we have confirmed the dispatch of that Driver.
6.4 The Suppliers will complete Delivery of Goods in a manner as they deem fit for carrying on its business. If the User or Recipient is dissatisfied with the Supplier’s conduct, they should discuss this with the Supplier as we are not responsible for their performance of the Delivery of Goods.
6.5 Suppliers will attempt to deliver your items to the address you provide when you place your order. If the delivery address you have provided needs to change, this may be possible if we are contacted before the Driver has been dispatched, and the new address is still within the store’s delivery radius. If we are unable to change the delivery address, you may have the option to cancel the order, but if the order has been packaged, customised, or personalised, you will be charged the full price for the item, and if the driver has been dispatched you will also be charged for the delivery.
6.6 In the event of a failed delivery, you will still be charged for the item and delivery if you have caused such failure. Reasons for which you may have caused a delivery to fail include (but are not limited to):
Not coming to the door, picking up or responding to calls and/or emails when contacted by the Supplier or Partner. Not providing access within a reasonable amount of time or not providing a safe place the Driver can leave your items.
The Supplier refusing to deliver the item to you due to a lack of age verification on an age restricted item.
6.7 The Supplier will wait at your given address for 10 minutes after attempting to make contact with you. After this time, your delivery will be classed as a failed delivery, and you will be charged 200% of the full delivery fees we would have charged if the delivery had been completed; and/or our reasonable costs incurred as a result of the Driver returning the items to where they were collected from. In such events we will notify you by email or phone.
6.8 Responsibility is yours to organise the collection of your items from the store.
When you as a User place an order with one of our Partners, it is at your discretion to offer a tip or gratuity to the Supplier in addition to the Fee’s you pay the Partner. Your supplier will receive 100% of any payment you choose to make to them.
8.0 ISSUES WITH ORDER
8.1 In agreement with these Terms, the Delivery of Goods is not fulfilled by us but solely by the Supplier. Therefore, the liability relating to the Delivery of Goods relies solely upon the Supplier and not Samdai.
8.2 If your items do not comply with their description, there is a fault with the item or specific requirements (which were accepted by our Partners prior to the order being made) have not been completed, as a User you have the right to pursue legal action.
8.3 Our Partners are solely responsible for any of the issues described in 8.2. We do not accept any liability for damages or defects caused to your items, thus any complaints received regarding the above will be re-directed to our Partners. The exercising of any of your legal rights as a user will also be re-directed to our Partners, thus we advise you to contact them directly in regard to these issues.
8.4 We may, at our own discretion, assist the Supplier and User to resolve any disputes which may have arisen due to the Delivery of Goods.
8.5 If the User or Recipient refuses the Delivery of Goods due to any alleged damage to, spoiling, loss or theft of Goods caused by the Supplier, it will be their responsibility to demonstrate to the Supplier and the Partner that it has occurred.
8.6 The Supplier is responsible for making contact with the User so that an insurance claim can be made.
9.0 INTELLECTUAL PROPERTY RIGHTS
9.2 You agree that you shall not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or in any other case, use any content on our site in any way except for your own personal, non-commercial use.
10.0 FORCE MAJEURE
Neither party will be held responsible or liable for a delay or failure in its obligations under these Terms to the extent that such delay or failure is as a result of an event outside of the reasonable control of that party and could not have been prevented or avoided by that party taking reasonable steps.
11. 2 Notwithstanding Clause 12.1, we may disclose your confidential information as required by law.
11.3 If we need to disclose your confidential information to our employees, directors, contractors, or agents for the purposes of performing its obligations under these Terms, we shall ensure that the person(s) to whom the information is disclosed to treats it as confidential and only uses and discloses it for the purposes of performing the obligations under these Terms.
12.0 PERSONAL DATA
12.1 In this Clause 11, “data controller”, “process”, “data processor”, “data subject”, “recipient data” and “personal data” shall have the meaning given in the General Data Protection Regulation (GDPR).
12.2 All parties acknowledge and agree that they are each data controllers of personal data where a recipient is a data subject (“Recipient Data”).
12.3 All parties will make sure they comply with Data Protection Laws applicable to it in full whenever Recipient Data is processed by them or on their behalf by a data processor.
12.4 You will make sure that a clear and unambiguous notice which is compliant with Data Protection Law is displayed to Customers or potential Customers which states that you may use us to fulfil orders and that we may therefore receive and process Recipient Data.
13.0 SUSPENSION AND TERMINATION
Immediate, temporary, or permanent withdrawal of your rights to use our Application(s);
Issuing of a warning;
Legal action against you including proceedings for reimbursement of all costs on and (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Disclosure of such information to law enforcement authorities as we deem is necessary.
13.3 Either party may terminate these Terms by way of written notice to the other party, which must be given 15 days prior to the intended date of termination.
13.4 All outstanding payment debts in relation to the Delivery of Goods shall survive termination of these Terms.
14.1 Subject to Clause 14.1, our total aggregate liability relative to loss, destruction or damage to items collected from our Partners caused by any reason whatsoever, including our breach of contract, wrongdoing or negligence or that of a Supplier is limited to the cash value of the collected items but shall in no event exceed £100 if the value of the item is less than £100. If the value of the item is more than £100 but less than £500, the maximum total liability offered would be no more than £500. If you consider that the potential loss or any other damage to you caused by the loss, destruction, or damage of all (or part) of a single collection and delivery of collected items would exceed this amount then you must arrange separate cover or insurance to cover such potential loss.
14.2 Subject to Clause 15.4, our total aggregate liability under or in connection with these Terms, whether in contract, wrongdoing (including negligence), statute or otherwise for loss or damage not limited by Clause 14.1, is limited to £750.
14.3 No parties are liable to the other for any financial losses (including loss of revenues, profits, contracts, businesses or expected savings) or any indirect or consequential losses of any nature, this is regardless of whether such losses were known to the parties at the effective date.
14.4 Nothing in these Terms will affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent falsification or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
14.5 We will not be held responsible for and shall have no liability for the behaviour, actions or errors of any Suppliers, Partners, or any other Users of our Application(s). Neither shall we be liable for the losses, costs, damages, or expenses not caused by our breach of these Terms.
15.0 LIMITATIONS OF OUR LIABILITY
15.1 You acknowledge that our Application(s) have been provided without direct or implied warranty of any kind to meet your individual needs or requirements and that all implied warranties are excluded to the maximum extent allowable by appropriate laws.
15.2 You acknowledge and accept that our technology and some of our Application(s) are dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of both may be subject to the limitations, interruptions and other problems characterised by such networks and facilities.
15.3 Acknowledgement is agreed and accepted that no warranty is given for your use of our technology and Application(s) being uninterrupted or error free. Every reasonable attempt to provide a good, consistent and reliable service will be taken, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you suffer as a result of any interruption or delay to your access to the Application(s), or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Application(s).
16.0 THIRD PARTY SERVICES
16.1 You acknowledge and agree that you understand that:
a) We are a technology and software company and are only concerned with the operations of the Application(s)– we do not provide courier or logistics services, and we are not a goods carrier;
b) It is the responsibility of the Supplier to perform any courier services you request via the Application(s); and
c) we only provide information and allow you to book those third-party courier services, but we do not offer courier services ourselves or act as a courier in any way.
16.2 You agree that We have no responsibility or liability for the acts, behaviours or errors of a Supplier unless expressly set out in these Terms.
16.3 You agree that you will comply with any terms and conditions applicable to the use of a third-party Suppliers’ service and we will not be responsible for any act, behaviour or omission by you or the Supplier in connection with your use of their service.
16.4 No endorsement or responsibility will be accepted by us for any statements, advertisements or any content spread through, or linked to from, the Application(s) by other users or third-party service providers (including Suppliers).
17.0 OTHER CONDITIONS
17.1 Unless these Terms express otherwise, all notices under these Terms shall (i) for any notices to be served on us by you, be given in writing and delivered or posted to Sheffield Science Park, Cooper Building, Sheffield, England, S1 2NS.; or (ii) for notices to be served on you by us, be emailed or be given in writing and delivered or posted to the email address or postal address identified (in your account if a Partner).
17.2 No changes to these Terms will be valid unless we specifically agree them with you in writing signed by us.
17.5 These Terms are the entire agreement between the parties about its subject matter and supersede all previous agreements and negotiations on that subject matter whether written or oral.
17.6 Any person who is not a party to a contract between you and us has no right under the contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of that contract.
17.7 These terms shall be governed by the law of England and Wales and all disputes arising out of or in connection with them (including non-contractual) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Schedule 1 – Service Level Agreement
Schedule 1 has the aim of representing a Service Level Agreement (“SLA”) for the provisioning of the Service.
2.0 COLLECTION AND DELIVERY
2.1 We will use every reasonable endeavour to:
a) Coordinate a Supplier to arrive at the collection location within 30 minutes of their allocation; and
b) allocate a Supplier within 15 minutes of receiving the order submission/confirmation.
c) It is our expectation that the Supplier will arrive at your store (the pickup location) within approximately 30 minutes of being assigned to the job and complete the order as quickly as factors such as travel distance, weather and traffic allow.
2.2 If you are a Partner with us, you acknowledge that the service levels set out above may be slightly different in certain circumstances. In any case these changes will be agreed with you beforehand.
3.1 Any required support in relation to our Applications can be gained by contacting us in the following ways:
a) Email support: [email protected] or through our online form page here.
3.2 Our email addresses are monitored from 8:30 to 20:00, Monday to Friday (Excluding bank holidays).
3.3 Emails received outside of these working hours will be gathered but may not be actioned until the next working day.
3.4 Any changes to the contact information above will be shared with you. Changes to our times will be updated on this policy.
4.0 APPLICATION REQUESTS
4.1 We will use every reasonable endeavour to reply to application-related cases and/or requests submitted by you through either our support email or support number (expressed within Section 1.2). We aim to provide assistance within the following time frames:
a) 0-4 hours (during business hours) for issues classified as High priority (i.e., live working issues).
b) Within 24 hours for issues identified as Medium priority (i.e. payment issues).
c) Within 48 hours for issues classified as Low priority (i.e., administrative enquiries).
4.2 The time frames above are measured from the time at which we receive the request.
4.3 Priorities for incidents or requests are solely determined by us.
- Cardholders of the Samdai VIP Card are entitled to an annual or monthly membership starting from the date on which you placed the order.
- To receive a discount in person, a valid Samdai VIP card (Both physical and electronic) must be presented at the point of sale. A valid Samdai VIP card is:
- In possession of the rightful owner.
- Only valid up to and including the expiry date on the card.
- Has not been tampered with or deemed to be modified in any way.
- To see online discount codes, a valid Samdai VIP membership profile must be logged into. A valid Samdai VIP profile is:
- Used by the rightful owner
- Only valid up to and including the expiry date attached to the profile in question.
- Registered and paid in full for a subscription
- Our Application(s) offers a variety of discounts and benefits from a variety of third parties. Whilst we have used our best endeavours to source and maintain accurate information on these offers, we cannot promise the accuracy of such information at all times.
- It is your responsibility to check details such as pricing, locations, discount details, the need for pre-booking and other restrictions before ordering.
- Participating venues reserve the right to accept the Samdai VIP card on a discretionary basis should they doubt its validity.
- We are not liable to provide a replacement Samdai VIP card should it be lost or cosmetically damaged. You can contact customer services to pay for a replacement card by emailing [email protected].
- Our Application(s) are updated frequently and aim to represent the latest changes and direction of Samdai VIP and all its partners.
- Sometimes our Partners’ details or specific offer details have to be removed or amended due to circumstances beyond our control. Where possible we will always seek to communicate this information to members, but we shall not be liable for such changes or Partners that refuse to honour the stated discount or offer, or changes detailed.
- The information we present online is used for information purposes only and the images are for illustration purposes only. We do not make any warranty or guarantee of any material on our site.
- Samdai Ltd.’s directors and other agents will not be liable for damages that could occur through connection with Samdai Ltd.
- We are not liable for the well-being of Samdai VIP cardholders or the experience that follows at Partner’s venues. We will not be involved in relations between cardholders and Partner’s venues.
- Discounts on the consumption of alcoholic beverages is permitted at the discretion of Partners. We are not responsible for, nor do we promote the overconsumption of alcoholic beverages and we would like to make cardholders aware of the ‘Drink Aware’ campaigns.
- We are not responsible for the promotion of the overconsumption of alcoholic beverages, and we make all cardholders aware of the ‘Drink Aware’ campaigns.
- These Terms, and any agreement entered into in connection with them shall be interpreted in accordance with English law and subject the non-exclusive jurisdiction of the English Courts.
How to become a member
- You can become a Samdai VIP member by:
- Purchasing a VIP membership either on our website or in our mobile app.
- Using an affiliate link or referral code that has been given to you for the purpose of accessing discounted membership benefits.
- If you have received a promotional membership or membership as a gift, the card will be valid for so long as we have decided. These are not rolling contracts and are received for free.
- Membership cards remain our property of us at all times and may be renewed or cancelled as per our Cancellation section.
- Members seeking a replacement card due to loss, theft or damage, can do so by emailing Customer Support at [email protected]. A fee will apply for the new card, in some cases including admin and postage fees.
Cancellation of Membership
- If you wish to cancel your membership, you must do so within 14 days of your initial date of payment (the “cooling-off period”). This is only applicable for physical membership cards. VIP membership bought on our mobile application will not be eligible for the 14-day cooling off period. Contact us by email using [email protected] if you wish to cancel your membership. You may be asked to return your full membership pack and card (unused) to us within a further 14 days, you will receive a full refund of your membership fee and your profile will be cancelled. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the cooling-off period has expired.
- Any use of Samdai VIP membership by the User will be taken as an acceptance of these Terms and will also qualify as a forfeit of their right to the cooling off period mentioned above