Terms and Conditions of Tap Retail - Consumer
1. INFORMATION ABOUT US
Tap-retail.com, is a website operated by Tap Retail Limited, trading as "Tap Retail” ("we" or "us" or "Tap Retail"), incorporated and registered in Ireland, whose registered office is at 17 CORRIG ROAD, SANDYFORD BUSINESS PARK, DUBLIN 18, DUBLIN, D18N6K8, IRELAND. Our Company registration number is 733485.
Tap Retail’s objective is to link you to the retail stores we partner with ("Partner Stores”) and allow you to browse their store catalogue and order items for delivery or collection. (Our "Service”). A customer will input their location into our website and be given a list of the stores delivering to them & offering a Click & Collect Service.
Where you order from a Partner Store, Tap Retail acts as the agent on behalf of that Partner Store to conclude your order from our website/application and to manage the experience throughout the order process. Once Tap Retail or the Partner Store confirms and accepts the order from the customer, the delivery of your items to you will be arranged by Tap Retail in the event the customer chooses Delivery "Tap Retail Delivery”. The customer also has the ability to collect their items themselves from the Partner Store in question (if offered by the Partner Store) ("Click & Collect”)
3. SERVICE AVAILABILITY
Tap Retail facilitates an ordering, collection and delivery platform from your local retail stores in Dublin. When the user inputs their location, our platform will give you a list of the local stores available for delivery in your local area. The delivery area for each store may vary but the regular delivery radius is 5km. However, this delivery area may change at any time due to factors such as weather, or demand for our service. Our Partner Stores each decide their own operating hours. That means that the availability of our Service, and the range of Partner Stores from which you can order, depends on the Partner Stores in your area. If you try to order a delivery to a location outside the delivery radius or operating hours of a Partner Store, or the platform is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
4. YOUR ACCOUNT
Before you can place orders for Items using our platform, you need to create a Tap Retail account. When you create an account you must create and confirm a password. You must confirm your email and phone number as this is how you will login to the platform and we may contact you through these avenues. We do not store card details on our platform – these are managed by our third-party payment processor, Stripe. This means you can save several cards on Tap Retail to be used to place orders with our Partner Stores. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure. You may close your account at any time by requesting to do so in your account section of our website or contacting our support team (quoted above), available in app and on the website. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or delivery riders, or any other good reason).
All orders placed through our platform have to be accepted by the Partner Store before it is confirmed. When you place an order, you will receive an "Order Placed" email. We will send you an email if your order has been accepted (the "Confirmation Notice”).
All items sold through our platform are subject to availability in-store. Tap Retail or the Partner Store reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Prior to placing an order on our platform, you also have the ability to define your substitute preferences, which can be chosen for each order placed on the platform. Options include:
1) Contact Me (Partner Store will contact you via push notifications if ordering on the app or via email if order placed on the website). Product offered as a substitute will always be for items of equal or lesser value. If there’s a difference in price, you will be refunded for this.
2) Substitute for Me (You give the Partner Store authority to offer an item of equal or lesser value than the product you ordered. This will be the best alternative available – a product in a similar category, ie: De Cecco Pasta vs Roma Pasta. You will be refunded for any price difference)
3) Remove from Cart (If your products are not in stock, the Partner Store will remove them from your shopping list & refund you for these items)
In the event that an item(s) you have ordered is out-of-stock or you have been offered an alternative which is cheaper than your original ordered item, the amount of this item(s) will be refunded to your original source of payment. This amount can take up to 10 working days to appear on your bank statement. This is largely dependent upon your financial institution and their processes. Any item(s) that are out of stock will be marked clearly as such in the Confirmation Notice as "MARKED AS UNAVAILABLE" in red font. The contract for the supply of any item ordered from a partner store comes into existence when you are sent the "Confirmation Notice”. You, the customer are responsible for all the items ordered using your account, and for related delivery charges and for complying with the terms set out in this document.
Some Partner Retailers operate a minimum order value policy. This will be displayed on our Website/Application. An order is not deemed accepted until it has been explicitly accepted by the Partner Store, following which the Confirmation Notice will be sent to you. Orders may be validly cancelled by Tap Retail where it has not proven practically possible, for whatever reason, to complete the order as made by you. In such circumstances, Tap Retail will contact the partner store to have a refund/reversal actioned by them.
Outside such a scenario, cancellations are a matter for the partner store. Where an order is validly cancelled, any payment made for such an order will be reversed or refunded in accordance with the applicable refund policy at the time of order. The amount of these item(s) is credited to the customer’s original payment method. You agree to provide current, complete and accurate purchase and account information for all purchases made via our platform.
You agree to promptly update your account and other information, including your contact telephone number (mobile and/or landline), email address and provide accurate credit/debit card information each time you place an order through us, so that we can complete your transactions and contact you as needed.
6. AGE RESTRICTED PRODUCTS
Age restricted products (including, but not limited to, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Tap Retail reserves the right to refuse to deliver any age restricted products to any person who does not appear to be over 18 years of age. Furthermore, we reserve the right to refuse to deliver these products to any person who is, or appears to be under the influence of either alcohol or drugs. The Delivery rider may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. By placing an order for these age restricted products, you confirm that you are at least 18 years old and you agree to provide us with proof of age if requested to do so by our delivery rider.
Please note that if delivery of any age restricted product is refused, the customer will still be charged for the relevant item and for delivery. In addition, Tap Retail does not hold a Required License for the sale of Items, including Alcohol Items, and only facilitates the promotion and/or marketing of Partner Store(s), and the promotion, marketing, and/or sale of Items by third parties via the Tap Retail platform. The Partner Store, in its sole discretion, sets the price of Items, including Alcohol Items that the Partner Store offers for sale via the Tap Retail platform and at the Partner Store’s Locations. The Partner Store enters into contracts with Customers for the sale of Items via the Tap Retail platform. Orders for Items solicited via the Tap Retail platform will be transmitted to the Partner Store. The Partner Store is responsible for and will control the sale of any orders for Items, including Alcohol Items, and including any decisions regarding accepting, fulfilling, and rejecting orders for such Items. The above is subject to Tap Retail’s absolute discretion and obligation to refuse to provide alcoholic or restricted substances to persons who do not appear to be legally permitted to possess same.
7. ALLERGEN INFORMATION
Tap Retail cannot guarantee that any of the grocery/food items sold by our Partner Stores are free of allergens. Supported Stores and their suppliers are exclusively responsible for all information regarding the contents of products, including (but not limited to) food labelling information and information regarding allergens. It is your responsibility to review the allergen notice on each product. In the event that the information is deemed to be inaccurate, Tap Retail and its partner stores will aim to correct this information as it reasonably possible.
When you place an order with Tap Retail, you will have the choice to place it to be delivered in two hour timeslot of your choosing. Orders for time slots are subject to both cut-off times and maximum order limits for each Partner Store. Cut-off times means that you must place an order for a delivery timeslot prior to the commencement of the delivery slot. This means that if you wish to have your products delivered in the 12pm-2pm delivery slot, you must place your order by 11am at the latest. When this time passes, you will not be able to place an order for the delivery slot. Retail partners also have the ability to define the maximum number of orders they can fulfill for these timeslots. When this order limit has reached, the customer will not be able to place an order for this timeslot and they will be prompted to select another timeslot.
Our aim at Tap Retail is to always provide a seamless and convenient delivery platform between you, our Partner Store and our Delivery Riders. However, unfortunately, despite the best efforts of the parties involved, things do not always go as planned and factors including traffic and weather conditions may on occasion, prevent us from delivering your item to you in your chosen timeslot. You agree that Tap Retail will not be liable for any deliveries made outside the expected delivery timeframe. We will do our best to ensure that your order is delivered to you within the delivery timeslot you paid for.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You do not come to the door, did not pick up the phone when the rider contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the delivery rider is unable to find a safe location to your order.
The rider refuses to deliver the Item to you in accordance with section 6 (Age Restricted Products).
The customer also has the ability to place an order for collection in-store (if offered by the Partner Store). These collection times are defined by each individual Partner Store at their own discretion and Tap Retail has no input into these times. The Partner Store will define these times and the maximum number of orders they can fulfill at these times. Similarly to delivery, once cut-off times have passed or the maximum number of orders has been reached, the customer will not have the ability to place an order for collection in their desired slot.
You may cancel an order without charge at any time before our partner store has accepted and confirmed your order. If you wish to cancel an order placed before it is accepted by the Partner Store, please contact the Partner Store directly using the phone number in the information section of the Information Section.
Cancellations of orders after they have been accepted is a matter for the partner store. Irrespective of the decision made by the partner store on a cancellation request, you may be charged the delivery fee quoted when you placed the order. Tap Retail and our Partner Store may notify you at any time that an order has been cancelled and will provide you with a reason for this, ie: they are too busy or several items in your cart have recently become out of stock. In this scenario, you will not be charged for cancelled orders. The partner store will reimburse you for any payment already made using the same method that was used to pay for your order. Please note that this could take up to 10 working days to reflect in your account. We apologise for any distress and inconvenience caused by this.
10. PRICE AND PAYMENT (We act as agent and receive payment on behalf of the Partner Store)
All items sold on the platform are subject to availability. Tap Retail and our partner stores endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. Tap Retail and our partner stores shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. Prices on the platform may also change at any time at the discretion of our partner stores. All product prices are shown in Euro, and are inclusive of Irish Value Added Tax (VAT), if applicable. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
Your final order value will be confirmed to you when the individual Partner Stores accepts and confirms your order and the availability of your items therein. In the scenario that a good(s) is out of stock, you will receive a refund in your original payment source. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our services. Where Tap Retail or a partner store delivers your order to you, we or the partner store may charge you a delivery fee. You will be notified of any applicable service fee, delivery charges and taxes prior to purchase on the checkout page of our platform. Receipt for your order will be provided through the Order Confirmation email as well as in the "My Orders” section of the Tap Retail website. Tap Retail acts as an agent on behalf of the Partner Store, providing them with an online presence and access to same day delivery services. Payment may be made directly to Tap Retail or the participating Partner Store to cover the cost of the items purchased from our Partner Stores, as well as the Tap Retail service, processing and delivery fees. Irrespective of whether payments are made directly to Tap Retail or the partner store, Tap Retail is not the intended recipient of the monies. The partner store is the intended recipient, who are also the party actioning any payment to Tap Retail as its agent.
By confirming your purchase, you authorise us to charge you on behalf of the partner store. Payment for all items and associated charges can be made on our platform by credit or debit card, or other payment methods made available by Tap Retail. Once you place an order, your card will be authorised with the original amount of the order. When your items therein have been confirmed by the partner store, your card will be captured for the relevant amount. You will receive a confirmation email and push notification in app, confirming the goods in your order. In the scenario that certain items in your order are out of stock, you will be refunded in your original payment source for this amount. If a partner store rejects your order, we will credit your debit or credit card with the amount of your order, including service and delivery charges. Each Partner Store has their own minimum basket size. This will be advertised on their store page. You will be unable to place an order unless this amount has been met.
Payment is made directly to Tap Retail acting as an agent on behalf of the partner store only. Our partner stores authorize us to accept payment for their goods on their behalf and the payment of the price of the items ordered or delivery fee to us will fulfill your obligation to pay for the items from the partner store. We will then distribute these funds to the partner store directly.
Our partner stores may sometimes run promotions or offer deals on certain items through our platform. These offers are at the discretion of each partner store. Unless there is a period attached to an offer, the promotion or deal can be withdrawn at any time. In the scenario where you have placed an order based on this offer amount and you have received an order confirmation from us, you will be charged this promotion amount. By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time. This may include: verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us and the Partner Store know via phone or in-app chat.
In addition, you may want to return an item you have ordered on Tap Retail for some reason. Each Partner Store has their own policies on the Tap Retail platform, which they govern as an extension of their policies in their bricks and mortar store. These can be seen in the information section of the store page. These may include: Refund Policies, Return Policies and Exchange Policies. An example of this may be that a Partner Store is happy to refund any unsuitable items returned within 28 days, provided they are in resalable condition - unworn and undamaged condition with all tags and in their original packaging. Another example may be that exchanges can be made for a different size of the same item and must be done within 14 days of receiving the item.
You can place a return request from the orders section of the Tap Retail app or website. Select a product you would like to return, select a reason for the return, select the outcome you would like, ie: refund, replacement or exchange (if applicable) and upload any pictures to support your case. We would strongly suggest that you be as descriptive as possible as it will help the Partner Store in processing your request in a timely manner. Please note that Tap Retail delivery partners play no part in the returns process. As our platform is trying to create a sense of community among businesses and local customers, we encourage local customers to return the items to the store in question where their request can be processed in-store by the Partner Store in question. Once the request is approved by the partner store, any movement of funds or exchange of items will occur. Please note that any refunds will be routed to your original source of payment. This amount can take up to 10 working days to appear on your bank statement. This is largely dependent upon your financial institution and their processes.
Prior to processing your refund, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Store. These matters are being taken into account for the purposes to determining the appropriate operation of Tap Retail’s services going forward. At no stage is Tap Retail the party responsible for approving a refund.
Save and insofar as Tap Retail’s servants or agents may be responsible for damage to an item or the failure to provide an item as ordered (the full scope of such liability being governed solely by the within terms and conditions), all steps comprising a refund, reimbursement, reversal, return, transfer or handling of monies of any kind are to be determined by the partner store and are solely within the discretion and control of the partner store. Tap Retail has no authority or control over such matters unless and until directed to act by its principal, i.e. the partner store.
12. USER FEEDBACK, COMMENTS OR OTHER SUBMISSIONS
If, without a request from us, you send ideas, suggestions, proposals, plans or other materials, whether online, via email or in our comments section, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. If comments violate these conditions, they may be removed from our platform by us.
You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. OUR LIABILITY
To the extent permitted by law, Tap Retail provides our platform and content on as "as-is” and "as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our platform, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Tap Retail nor any Partner Store shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our platform. In the event that Tap Retail or the Partner Store is found to be liable to you, our total aggregate liability is limited to the purchase price of the order you have paid for in your order. This does not include or limit in any way Tap Retail’s or any Partner Store's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
14. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Tap Retail nor the Partner Store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
17. ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19. LAW AND JURISDICTION
USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE & APP AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TAP RETAIL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY WEBSITES LINKED TO THE TAP RETAIL WEBSITE. TAP RETAIL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TAP RETAIL WEBSITE OR THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TAP RETAIL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
TAP RETAIL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TAP RETAIL SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. TAP RETAIL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TAP RETAIL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PLATFORM, SOFTWARE, TEXT, GRAPHICS OR LINKS.
TAP RETAIL AND ITS AFFILIATES AND PARTNER STORES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
TAP RETAIL DELIVERY RIDERS DO NOT USE TEMPERATURE CONTROLLED VANS WHEN TRANSPORTING FOOD FROM STORE TO THE DELIVERY LOCATION, INSTEAD THEY USE INSULATED CARRIER BAGS TO EXTEND THE CHILL CHAIN BEYOND THAT OF A REGULAR CUSTOMER PURCHASING THE GOODS AND TRANSPORTING IT HOME THEMSELVES.
YOU AGREE THAT TAP RETAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM(S); (II) THE LIABILITY OR FITNESS OF ANY TAP RETAIL DELIVERY RIDER; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SITE OR YOUR LINKS TO OTHER SITES FROM THIS SITE, EVEN IF TAP RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT TAP RETAIL SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL TAP RETAIL’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO TAP RETAIL HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
LAST UPDATED: 23 April 2023