Terms & Conditions
This website is owned and operated by FusionBox Limited. Our company information is at the end of this document.
Please read these terms and conditions carefully. They apply when you purchase any goods via this website. (There are separate terms that apply to your privacy during your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in the future. These terms and conditions are available in the English language only.
We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described, or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.
Minor variations in goods
We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods. The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
Your order is an offer to buy from us on a one-off delivery basis.
You place your order by using the ordering process on our website or our digital services including but not limited to our apps (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and transmitting the order to us by clicking on the “Purchase” button. This process permits you to check and amend any errors before making an order by using the internet browser back button. You can also change your order any time up to the relevant cut-off date / time (see further below).
You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.
We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.
The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.
Payment and price
The price for the goods is as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.
Payment is required in advance as explained below. You authorise us and our third party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Despatch of the goods is subject to our being able to charge your payment card.
We will take your first payment when we accept your order.
We may change our prices from experience to experience based on the contents of the product. We may from time to time offer some experiences which attract an additional surcharge. This surcharge is clearly shown on the website and will be added to the cost of your order should you choose these experiences.
You must contact us immediately with full details if you dispute any payment.
Gift Cards cannot be exchanged or refunded for cash.
Gift Cards are redeemable within the expiry date for orders placed at www.tapasfusion.com
Gift Cards may be used towards purchases at a higher price than its face value upon payment of the difference. There is currently no facility to return or redeem the balance on orders with a total value of less than the face value of the gift card.
Fusionbox Ltd is under no liability for replacement or refund should Gift Cards be lost, stolen, damaged, or destroyed whether they have been redeemed or not.
Delivery will be complete when we deliver to the address which you specify when ordering and aquire a signature. Unless otherwise stated, delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery.
If you receive notification that we have delayed delivery until someone is available, it is your responsibility to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable efforts to follow any special delivery instructions you have provided.
We accept no liability for spoiled, damaged, lost, or otherwise affected goods as a result of your inability to receive the delivery on the nominated date of delivery.
We cannot deliver to certain areas of the United Kingdom, this includes Northern Ireland, Scottish Highlands, Isle of Wight, Isle of Man, Channel Islands. In the event that an order is made for delivery to one of these locations a refund will be issued to the buyer.
Refund & cancellation
You are entitled to a full refund if you cancel your order up to 48 hours before proposed delivery date. After that point, we cannot offer a refund, although we will make every reasonable effort to help our customers on a case-by-case basis.
Our food is prepared in a kitchen with nuts and gluten present and therefore all our food may contain traces of all allergens. We take every reasonable precaution to ensure there’s no cross-contamination.
To help you make informed choices about the food you buy, we display allergy advice on each product on this website. This means that any ingredients related to allergens are declared in the ingredients list and are highlighted in bold text, in line with the Food Information Regulations.
Prior to checking out you must confirm that you have read and understand our terms & conditions relating to allergen advice. We accept no liability for allergic reactions.
Risk and ownership
Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
The following clauses apply only if you are a Consumer:
We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); such loss or damage is caused by you, for example by not complying with this agreement; or
such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
In no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation; special, indirect or consequential losses; or damage to or loss of data (even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
By placing an order, you are confirming that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm your age before purchasing such products.
If you have any complaints, please contact us via the ‘contact us’ form on the website.
Company name: FusionBox Limited
Country of incorporation: England and Wales.
Registered number: 09700309
Trading address: Albion Park, Warrington Rd, Glazebury, Warrington, CHE, United Kingdom, WA3 5PG.
Registered Office: 749a Ormskirk Rd, Pemberton, Wigan WN5 8AT
Other contact information: See our website.
Effective Date: 28/10/2021