Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or using the website located at apacheppizza.com (hereinafter referred to as the "Website"), or by placing an order for food or related services offered by Apache Pizza (hereinafter referred to as "we", "us", "our", or "the Company"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as the "Terms"), together with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately cease using our Website and services. Your continued use of the Website or placement of orders following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms constitute a legally binding agreement between you (hereinafter referred to as "User", "Customer", or "you") and Apache Pizza, governed by the laws of Ireland, including but not limited to the Sale of Goods and Supply of Services Act 1980, the Consumer Protection Act 2007, the Electronic Commerce Act 2000, and all applicable European Union regulations and directives as transposed into Irish law.

You must be at least 18 years of age to use this Website and place orders. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under Irish law. Where the purchase of alcohol or age-restricted items is involved, additional age verification requirements apply in accordance with the Intoxicating Liquor Acts and any other applicable Irish legislation.

2. About Apache Pizza

Apache Pizza is a food service business operating in Ireland, providing pizza, food products, and related food and beverage services through its physical locations and its online ordering platform at apacheppizza.com.

Our contact details are as follows:

3. Description of Services

Apache Pizza provides the following services through its Website and physical outlets located across Ireland:

3.1 Online Ordering and Delivery

We offer customers the ability to browse our menu, customise food orders, and place orders for delivery to a specified address or for collection from one of our stores. Our online ordering platform is available 24 hours a day, 7 days a week, subject to store operating hours and availability. Delivery and collection times are estimates and may vary depending on demand, weather conditions, staffing, and other operational factors.

3.2 Food Products and Menu

Our menu includes a range of pizzas, sides, desserts, drinks, and other food and beverage items. Menu items, pricing, availability, and nutritional information are subject to change without prior notice. While we endeavour to keep our online menu accurate and up to date, discrepancies may occasionally arise. In such cases, we reserve the right to contact you to offer a suitable alternative or to cancel your order and provide a full refund.

3.3 Loyalty and Promotional Offers

From time to time, we may offer loyalty programmes, vouchers, promotional codes, or discount schemes. Such offers are subject to their own specific terms and conditions, which will be communicated to you at the time of the offer. We reserve the right to withdraw, modify, or suspend any promotional offer at any time without notice.

3.4 Account Registration

You may choose to create a user account on our Website to facilitate easier ordering, order tracking, and access to loyalty benefits. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorised use of your account.

4. User Obligations and Prohibited Activities

4.1 General Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when placing orders or registering an account;
• Ensure that any delivery address provided is accurate and accessible;
• Pay all charges associated with your order in a timely manner;
• Comply with all applicable laws and regulations in Ireland while using our services;
• Treat our staff, drivers, and representatives with respect and courtesy;
• Not attempt to defraud us through chargebacks, false claims, or misrepresentation of orders.

4.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities in connection with our Website and services:

• Using our Website for any unlawful purpose or in any manner that violates Irish law or European Union law;
• Attempting to gain unauthorised access to our systems, servers, databases, or networks;
• Transmitting any viruses, malware, spyware, or other malicious software through our Website;
• Scraping, harvesting, or collecting data from our Website without our prior written consent;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Using automated bots, scripts, or other means to interact with our Website in a manner not intended for human users;
• Posting or transmitting any content that is defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable;
• Infringing upon the intellectual property rights of Apache Pizza or any third party;
• Engaging in any conduct that could damage, disable, overburden, or impair our Website or interfere with any other party's use of the Website;
• Circumventing any security measures or access controls implemented on our Website;
• Placing fraudulent, fictitious, or malicious orders with the intent to cause disruption or financial harm to the Company;
• Reselling or commercially exploiting any aspect of our services without our prior written consent.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate legal action, including referral to law enforcement authorities, suspension or termination of your account, and seeking damages or injunctive relief as permitted by Irish law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items at the prices displayed. Your order constitutes a contractual offer, and a binding contract is formed when we confirm your order by sending you an order confirmation. We reserve the right to decline any order at our sole discretion, including in cases of suspected fraud, unavailability of items, or errors in pricing.

5.2 Pricing

All prices displayed on our Website are in Euro (€) and include Value Added Tax (VAT) at the applicable Irish rate as set by the Revenue Commissioners. Delivery charges, where applicable, will be clearly displayed prior to the completion of your order. We reserve the right to change our prices at any time without prior notice. Prices charged will be those displayed at the time your order is placed.

5.3 Payment Methods

We accept payment by the methods indicated on our Website at the time of ordering, which may include credit cards, debit cards, and other electronic payment methods. By providing your payment details, you represent and warrant that you are authorised to use the payment method provided and that the payment details are accurate.

5.4 Payment Security

All payment transactions processed through our Website are handled by third-party payment service providers who maintain appropriate security standards in accordance with the Payment Card Industry Data Security Standard (PCI DSS). We do not store complete credit or debit card details on our servers.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, orders that have been prepared or dispatched cannot ordinarily be cancelled or refunded. If you experience an issue with your order, such as incorrect items, missing items, or food quality concerns, please contact us immediately at [email protected]. We will assess each complaint on a case-by-case basis and, where appropriate, offer a replacement, credit, or refund in accordance with your statutory rights under the Sale of Goods and Supply of Services Act 1980 and the Consumer Rights Act 2022 (Ireland).

In accordance with Regulation (EU) No. 524/2013 on online dispute resolution, and the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013), please note that the 14-day cooling-off period for distance contracts does not apply to contracts for the supply of food, beverages, or other goods intended for current consumption, in accordance with Regulation 28(1)(b) of SI 484/2013.

6. Delivery and Collection

6.1 Delivery Areas and Times

We deliver to specific areas surrounding our store locations in Ireland. Delivery availability and estimated delivery times are displayed during the order process. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to adverse weather conditions, traffic, or unforeseen operational issues.

6.2 Failed Deliveries

If we are unable to deliver your order due to an incorrect address being provided, failure to answer the door, or any other reason attributable to you, we reserve the right to charge you for the full cost of the order. Our delivery drivers will make reasonable attempts to contact you before marking an order as undeliverable.

6.3 Risk of Loss

Risk of loss and title for items purchased from our Website pass to you upon delivery to the address specified in your order, or upon collection from our store, as applicable.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website, is the property of Apache Pizza or its content suppliers and is protected by Irish and international copyright, trademark, and other intellectual property laws. The compilation of all content on this Website is the exclusive property of Apache Pizza and is protected by Irish copyright law and international copyright treaties.

7.2 Trademarks

The name "Apache Pizza", the Apache Pizza logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Apache Pizza or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7.3 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use only. This licence does not include the right to: (a) resell or commercially exploit the Website or its content; (b) collect and use any product listings, descriptions, or prices; (c) download or copy account information for the benefit of another merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.

7.4 User-Submitted Content

If you submit any reviews, feedback, comments, or other content to our Website or social media channels, you grant Apache Pizza a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all rights to the content you submit, and that the content does not violate these Terms or any applicable law.

8. Disclaimers and Warranties

8.1 As-Is Basis

Our Website and services are provided on an "as is" and "as available" basis without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by Irish and European Union law.

8.2 Website 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 reserve the right to suspend, withdraw, or restrict access to all or any part of our Website for business or operational reasons, including for maintenance, updates, or security purposes, without notice.

8.3 Food Allergens and Dietary Information

While we endeavour to provide accurate allergen and nutritional information for our menu items, we cannot guarantee that our food products are completely free from any particular allergen due to the risk of cross-contamination in our kitchens. Customers with food allergies or dietary restrictions are strongly advised to contact us directly before placing an order to discuss their requirements. Apache Pizza accepts no liability for any allergic reaction or adverse health event arising from consumption of our products where we have not been specifically informed of an allergy prior to order preparation.

We comply with the requirements of Regulation (EU) No. 1169/2011 on the provision of food information to consumers, as implemented in Ireland.

8.4 Third-Party Links

Our 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 of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should review the terms and privacy policies of any third-party websites you visit.

9. Limitation of Liability

9.1 General Limitation

To the fullest extent permitted by applicable Irish and European Union law, Apache Pizza, its directors, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or any other intangible losses, arising out of or in connection with your use of, or inability to use, our Website or services, even if we have been advised of the possibility of such damages.

9.2 Maximum Liability

In any event, our total aggregate liability to you in connection with these Terms, the Website, or our services shall not exceed the total amount paid by you to us for the specific order or service giving rise to the claim, or €100 (one hundred Euro), whichever is the lesser amount. This limitation applies whether the liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise.

9.3 Statutory Rights

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by Irish law, including liability under the Sale of Goods and Supply of Services Act 1980, the Consumer Protection Act 2007, and the Consumer Rights Act 2022 (Ireland); or (d) any other liability that cannot lawfully be excluded or restricted.

Your statutory rights as a consumer under Irish and European Union law are not affected by these Terms.

10. Indemnification

You agree to defend, indemnify, and hold harmless Apache Pizza, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website or services in any manner not expressly permitted by these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any content you submit, post, or transmit through our Website;
• Any negligent or wrongful act or omission on your part in connection with your use of our services.

We reserve the right 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. This indemnification obligation will survive the termination or expiry of these Terms and your use of the Website.

11. Privacy and Data Protection

Your use of our Website and services is also governed by our Privacy Policy, which is available on our Website and incorporated into these Terms by reference. We are committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Acts 1988–2018, as amended. We are subject to the oversight of the Data Protection Commission (DPC) of Ireland.

By using our services, you consent to the processing of your personal data as described in our Privacy Policy. If you have any questions about how we handle your personal data, please contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions set out below, you agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. 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 residence in accordance with applicable EU consumer protection legislation.

We are required to comply with all applicable Irish consumer protection legislation, including but not limited to:

• The Sale of Goods and Supply of Services Act 1980;
• The Consumer Protection Act 2007;
• The Consumer Rights Act 2022 (Ireland);
• The Electronic Commerce Act 2000;
• The European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013);
• The European Union (Consumer Rights) Regulations 2013;
• The Competition and Consumer Protection Act 2014.

13. Dispute Resolution

13.1 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 at [email protected] so that we may attempt to resolve the matter informally and to your satisfaction. We aim to acknowledge all complaints within 2 business days and to resolve them within 14 calendar days of receipt.

13.2 Alternative Dispute Resolution

If we are unable to resolve your complaint informally, you may have the right to refer your dispute to an approved Alternative Dispute Resolution (ADR) body in Ireland. Information on ADR entities and online dispute resolution is available through the Competition and Consumer Protection Commission (CCPC) at www.ccpc.ie.

In accordance with Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, the European Commission operates an Online Dispute Resolution (ODR) platform, accessible at https://ec.europa.eu/odr, which consumers may use to submit a complaint and find out about the ADR bodies available to resolve their disputes.

13.3 Small Claims

If you are a consumer in Ireland, you may also have the right to pursue a claim through the Small Claims Court for disputes involving amounts up to €2,000, without the need for a solicitor. Further information is available from the Courts Service of Ireland at www.courts.ie.

14. Term and Termination

14.1 Duration

These Terms shall remain in full force and effect for as long as you continue to access or use our Website or services. Specific contractual obligations arising from a completed order shall remain in effect until fully performed by both parties.

14.2 Termination by Us

We reserve the right to terminate or suspend your access to our Website and services, including any user account you may hold, at any time and without prior notice, for any reason, including but not limited to:

• Breach of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Conduct that may cause harm to other users, our staff, or the Company;
• Cessation of our business operations.

14.3 Termination by You

You may terminate your account with us at any time by contacting us at [email protected]. Termination of your account will not affect any outstanding orders, obligations, or liabilities that have arisen prior to termination.

14.4 Effect of Termination

Upon termination of these Terms for any reason, all rights granted to you under these Terms will immediately cease. Provisions of these Terms which by their nature should survive termination, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing law provisions, shall survive termination.

15. Changes to These Terms

We reserve the right to revise and update these Terms of Service at any time at our sole discretion. All changes are effective immediately upon posting to the Website. The date of the most recent revision will be indicated at the top of this page.

We will endeavour to provide reasonable notice of material changes to these Terms, which may include posting a notice on our Website or sending an email to the address associated with your account. Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must cease using our Website and services.

We encourage you to review these Terms periodically to ensure you are aware of the most current version and its provisions.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under Irish or applicable European Union law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had not been included.

The parties agree that any severed provision shall be replaced by a valid and enforceable provision that, to the greatest extent possible, achieves the original intention and commercial effect of the severed provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy, Cookie Policy, and any other legal notices or specific terms and conditions published on our Website, constitute the entire agreement between you and Apache Pizza with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of the same or any other right or remedy.

18. Force Majeure

Apache Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, storm, natural disaster, epidemic, pandemic, governmental action, war, civil unrest, labour disputes, power failures, telecommunications failures, or failure of third-party service providers. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will use reasonable endeavours to resume normal service as soon as practicable.

19. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our services generally, please do not hesitate to contact us using the following details: