Terms of Service

Please read these Terms of Service carefully before using the website appache-pizza.com or placing any order with Apache Pizza. By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

By accessing or using the website located at appache-pizza.com (hereinafter referred to as the "Website"), placing an order through our online ordering system, or otherwise engaging with any services provided by Apache Pizza (hereinafter referred to as "we," "us," "our," or the "Company"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (hereinafter referred to as the "Terms"), together with our Privacy Policy and any other policies or notices published on this Website.

These Terms constitute a legally binding agreement between you (the "User," "Customer," or "you") and Apache Pizza. If you do not agree with any part of these Terms, you must immediately discontinue your use of this Website and refrain from placing any orders or engaging with our services.

These Terms apply to all visitors, users, registered account holders, and customers who access or use our Website, mobile ordering platforms, or any other services we provide. By continuing to use our Website after any amendments to these Terms have been published, you are deemed to have accepted those amendments.

You must be at least 18 years of age, or have the consent of a parent or legal guardian, to use this Website and place orders. By accepting these Terms, you represent and warrant that you meet this age requirement. If you are using this Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Apache Pizza is a food service business operating in Ireland, offering customers the ability to order pizza and related food products for delivery and/or collection. Our services include but are not limited to:

• Online ordering of food and beverages via our Website at appache-pizza.com
• Home delivery services to applicable delivery areas
• Click-and-collect (takeaway) ordering services
• Customer account registration and management
• Promotional offers, loyalty programmes, and discount codes
• Customer support and order tracking services

Our menu, pricing, available products, delivery areas, and operating hours are subject to change at any time without prior notice. While we endeavour to keep all information on our Website accurate and up to date, we do not guarantee that the Website will be free from errors or that all menu items will be available at any given time.

We reserve the right to modify, suspend, or discontinue any aspect of our services, including the Website, at any time and without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

Orders placed through our Website are subject to acceptance and availability. We reserve the right to refuse any order at our sole discretion, including but not limited to cases where products are unavailable, where payment cannot be processed, or where there are reasonable grounds to suspect fraudulent activity.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of this Website and a customer of Apache Pizza, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact number, and payment details.
• Maintain the confidentiality of your account login credentials and accept full responsibility for all activities that occur under your account.
• Notify us immediately at [email protected] if you become aware of any unauthorised use of your account or any other security breach.
• Ensure that you are present at the delivery address at the time of delivery, or make appropriate arrangements, so as not to cause unnecessary delay to our delivery personnel.
• Use the Website solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable Irish and European Union laws and regulations when using our Website and services.
• Pay for all orders placed through your account in full, including applicable delivery charges and taxes.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or our services for any unlawful, fraudulent, or malicious purpose.
• Attempt to gain unauthorised access to any part of the Website, server, or database associated with the Website.
• Engage in any activity that disrupts, interferes with, or places an unreasonable burden on the Website's infrastructure or servers.
• Use automated scripts, bots, scrapers, or other automated tools to access, collect data from, or interact with the Website without our prior written consent.
• Upload or transmit any viruses, malware, ransomware, or any other malicious code that may damage, disable, or impair the Website or the systems of other users.
• Impersonate any person or entity, or falsely misrepresent your affiliation with any person or entity.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Website.
• Post, transmit, or distribute any content that is defamatory, offensive, discriminatory, harassing, threatening, or otherwise objectionable.
• Exploit any promotional codes, discount offers, or loyalty programme rewards in a manner inconsistent with their intended use or in breach of any applicable promotional terms and conditions.
• Place orders with no intention of completing payment or with fraudulent payment details.
• Use another person's account or payment details without their explicit consent.

Any breach of these obligations or prohibited activities may result in the immediate suspension or termination of your account, the cancellation of outstanding orders, and, where appropriate, referral to the relevant law enforcement authorities in Ireland.

4. Intellectual Property Rights

All content published on or made available through the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video material, data compilations, software, and the overall design and layout of the Website (collectively referred to as "Content"), is the exclusive intellectual property of Apache Pizza or its licensors and is protected under Irish law, European Union law, and applicable international intellectual property treaties.

The Apache Pizza name, logo, brand identity, and all associated trademarks, service marks, and trade names are the property of Apache Pizza. Nothing in these Terms shall be construed as conferring any licence or right to use any trademark, service mark, or other proprietary designation without the prior written consent of Apache Pizza.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its Content solely for the purpose of browsing our menu, placing orders, and using our services as a customer. This licence does not permit you to:

• Reproduce, copy, republish, or distribute any Content from this Website without our prior written permission.
• Modify, adapt, or create derivative works based on our Content.
• Use our Content for any commercial purpose other than as expressly permitted by us.
• Remove or alter any copyright, trademark, or other proprietary notices included in the Content.

If you believe that any content on our Website infringes your intellectual property rights, please contact us immediately at [email protected] with full details of your claim.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on the Website are quoted in Euro (€) and are inclusive of Value Added Tax (VAT) at the applicable rate, as required under Irish law and the VAT Consolidation Act 2010. Prices are subject to change without prior notice, and the price applicable to your order will be the price displayed at the time you place your order.

We accept payment via the methods listed on our Website at the time of checkout, which may include credit cards, debit cards, online payment platforms, and cash on delivery where applicable. By submitting payment details, you represent and warrant that you are authorised to use the payment method provided and that the information you supply is accurate.

5.2 Order Confirmation

Your order is not confirmed until you receive an order confirmation email or notification from us. The receipt of your order by our system does not constitute acceptance of your order. We reserve the right to cancel or refuse any order for any reason, including but not limited to pricing errors, unavailability of items, or suspected fraudulent activity.

5.3 Refunds and Cancellations

As our products are perishable food items prepared to order, your right to cancel an order is limited once food preparation has commenced. Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, the standard 14-day cooling-off period applicable to distance contracts does not apply to the supply of goods that are liable to deteriorate or expire rapidly, including freshly prepared food items.

However, if your order does not arrive, arrives significantly late, or if the food supplied is materially incorrect or of unsatisfactory quality, please contact us promptly at [email protected] and we will endeavour to resolve the matter fairly, which may include a refund, replacement, or credit at our discretion.

5.4 Delivery Charges

Delivery charges, where applicable, will be clearly displayed during the checkout process before you confirm your order. Delivery charges are subject to change and may vary depending on your location and the applicable delivery zone.

6. Limitation of Liability

To the fullest extent permitted by applicable Irish law and European Union law, Apache Pizza, its directors, officers, employees, agents, suppliers, and licensors shall not be liable to you or any third party for:

• Any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, our Website or services.
• Any loss of profits, revenue, data, goodwill, or other intangible losses.
• Any unauthorised access to or alteration of your account, data, or transmissions.
• Any errors, mistakes, or inaccuracies in the content published on our Website.
• Any interruption, suspension, or discontinuation of the Website or our services.
• Any damage caused by viruses or other technologically harmful material that may infect your computer, mobile device, or other equipment as a result of your use of the Website.
• Any delays or failures in delivery caused by circumstances beyond our reasonable control, including but not limited to adverse weather conditions, road accidents, industrial disputes, or acts of God.

Where our liability cannot be excluded entirely under applicable law, including under the Sale of Goods Act 1980, the Consumer Protection Act 2007, the Sale of Goods and Supply of Services Act 1980, or any other applicable Irish consumer protection legislation, our total aggregate liability to you shall in no event exceed the amount paid by you for the specific order or service that gave rise to the claim.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

7. Disclaimers

7.1 Website Provided on an "As-Is" Basis

The Website and all content, features, and services available through it are provided on an "as-is" and "as-available" basis, without any warranties or representations of any kind, either express or implied. To the fullest extent permitted by applicable law, Apache Pizza expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No Guarantee of Availability

We do not warrant that the Website will be available at all times, uninterrupted, error-free, or free from viruses or other harmful components. We may suspend access to the Website at any time for maintenance, upgrades, or other operational reasons without prior notice.

7.3 Allergen and Dietary Information

While we make every reasonable effort to provide accurate and up-to-date allergen and dietary information on our Website and menu, we cannot guarantee that our food products are free from allergens or that the information provided is complete and accurate at all times. Customers with food allergies, intolerances, or specific dietary requirements are strongly advised to contact us directly before placing an order to confirm the suitability of any menu item. Apache Pizza shall not be liable for any allergic reactions or adverse health effects arising from the consumption of our food products where accurate allergen information has been provided.

We comply with the requirements of Regulation (EU) No 1169/2011 on the provision of food information to consumers as transposed into Irish law, and we are committed to providing clear allergen information to all customers upon request.

7.4 Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over the content or practices of those third-party websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. Indemnification

You agree to indemnify, defend, and hold harmless Apache Pizza and its directors, officers, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Website or our services.
• Your violation of any provision of these Terms.
• Your violation of any applicable law or regulation, including Irish law and European Union law.
• Your infringement of any intellectual property or other rights of any third party.
• Any content or information you submit, post, or transmit through the Website.
• Any fraudulent or unlawful activity carried out using your account.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Ireland. Any dispute, controversy, or claim arising out of or relating to these Terms, the use of our Website, or the provision of our services shall be subject to the exclusive jurisdiction of the courts of Ireland.

If you are a consumer resident in Ireland, you are entitled to rely on the mandatory provisions of Irish consumer protection law, including the Consumer Protection Act 2007, the Sale of Goods and Supply of Services Act 1980, and the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, regardless of any other provision of these Terms.

If you are a consumer resident in another European Union member state, you may also be entitled to bring proceedings in the courts of your country of domicile, subject to applicable EU rules on jurisdiction.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, complaint, or concern arising out of or in connection with these Terms or our services, we encourage you to contact us in the first instance so that we can attempt to resolve the matter informally and without the need for formal legal proceedings. You may contact us by:

We will endeavour to acknowledge your complaint within 5 business days and to provide a substantive response within 21 business days of receipt.

10.2 Alternative Dispute Resolution

If we are unable to resolve your complaint to your satisfaction through our internal complaints process, you may have the right to refer your complaint to an alternative dispute resolution (ADR) body. As a consumer in Ireland, you may also seek assistance from the Competition and Consumer Protection Commission (CCPC), which can be contacted at www.ccpc.ie.

Additionally, as an EU resident, you may submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr. However, we are not obliged to participate in ADR proceedings unless required to do so by applicable law.

10.3 Formal Legal Proceedings

If a dispute cannot be resolved through informal means or ADR, either party may bring formal legal proceedings in the courts of Ireland, subject to the governing law provisions set out in Section 9 above.

11. Term and Termination

11.1 Duration

These Terms are effective from the date you first access our Website or place an order with us and shall remain in full force and effect for as long as you continue to use our Website or services, unless terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account with Apache Pizza at any time by contacting us at [email protected] and requesting that your account be closed. Termination of your account will not affect any rights or obligations that have accrued prior to the date of termination, including payment obligations for outstanding orders.

11.3 Termination by Us

We reserve the right to suspend or permanently terminate your account, or your access to the Website and our services, at our sole discretion and without prior notice, in the event that:

• You breach any provision of these Terms.
• We reasonably suspect fraudulent, abusive, or unlawful activity on your account.
• We are required to do so by law or by order of a competent authority.
• We decide to discontinue the Website or our services.

11.4 Effect of Termination

Upon termination of your account or access to our services, the licence granted to you under these Terms shall immediately cease. Any provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law, shall survive such termination.

12. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time in order to reflect changes in our services, applicable law, or business operations. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify registered users by email or through a notice on the Website.

It is your responsibility to review these Terms periodically to ensure that you are aware of any changes. Your continued use of the Website or our services following the publication of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must immediately discontinue your use of the Website and our services.

We will not retroactively apply any changes to these Terms to disputes or claims that arose prior to the date the updated Terms were published, unless required to do so by applicable law.

13. Severability

If any provision of these Terms is found by a court or other competent authority of Ireland to be invalid, unlawful, or unenforceable in whole or in part, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The failure of Apache Pizza to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall only be effective if made in writing and signed by a duly authorised representative of Apache Pizza.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other notices, policies, or guidelines published on the Website, constitute the entire agreement between you and Apache Pizza with respect to your use of the Website and our services, and supersede all prior agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof.

No amendment or modification of these Terms shall be binding unless made in writing and duly authorised by Apache Pizza.

15. Force Majeure

Apache Pizza shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, severe weather conditions, pandemic or epidemic events, civil unrest, war, terrorism, industrial action, power outages, internet service disruptions, or any action or inaction of any governmental authority.

In the event of a force majeure event, we will take all reasonable steps to minimise the impact on our customers and to resume normal operations as soon as reasonably practicable.

16. Data Protection and Privacy

Apache Pizza is committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), the Data Protection Acts 1988–2018, and all other applicable Irish and European Union data protection legislation. The Data Protection Commission (DPC) is the supervisory authority for data protection matters in Ireland.

The collection, processing, storage, and use of your personal data in connection with your use of our Website and services are governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website at appache-pizza.com. By using our Website and services, you acknowledge that you have read and understood our Privacy Policy.

17. Contact Information

If you have any questions, queries, or concerns regarding these Terms of Service, or if you wish to exercise any of your legal rights in connection with your use of our services, please do not hesitate to contact us using the details below: