Terms & Conditions
Click & Collect Terms and Conditions
1. Terms of Sale
1.1 These are the terms and conditions on which Urban Butterfly supplies products to you via our website (https://urbanbutterfly.co.uk/).
1.2 Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
1.3 By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
1.4 If you have any questions relating to these terms and conditions, please contact our Customer Service team via the Help & Contact page before you place an order.
2. Information about us
2.1 Our restaurants are operated by Butterfly Hive Limited ("we", "our" or "us"). We are registered in England and Wales under company number 13688401 at Burnden House, Viking Street, Bolton, England, BL3 2RR
3. Service Availability and Exclusions
3.1 Please note that Click & Collect is available during normal opening hours as published on our website.
3.2 We may from time to time suspend Click & Collect services and is subject to product availability.
4.1 You may only place orders if you are at least 16 years old. By ordering, you warrant that you are at least 16 years old and you are legally capable of entering into binding contracts.
4.2 You may either checkout as a Guest, or using an Urban Butterfly account. If you already have an account, simply log in to begin your order. If not, you will be prompted to either create a new account or continue as a Guest.
4.3 Orders may only be placed for collection on the same day. You will be able to select your preferred 15 minute time slot.
4.4 If you place an order via our website, you will be presented with confirmation on your screen that your order has been received and accepted by our restaurant. Your contract with us is only formed when you have been presented with this confirmation.
4.5 If you are ordering on our App, you will be redirected to our Click & Collect website where you will be able to complete your order.
4.6 You will also receive a confirmation email. Please make sure that the email address and telephone number you provide are correct and functional, as these are required to fulfil your order. Please also ensure that you have ordered from the correct restaurant.
4.7 Your confirmation email will include a reference number- the restaurant team will need this to identify your order, so please make a note of it or bring the email with you. When you arrive at the restaurant to collect your order, please make yourself known to a team member.
5.1 All menu items are subject to availability. If a menu item is out of stock at your chosen restaurant at the time you place your order, it will not be available to order via this service and you will be informed before checking out your order. If a menu item goes out of stock after you have placed your order but before your scheduled collection time, we will us reasonable endeavours to contact you to inform you of this and offer an alternative. Please note that not all Urban Butterfly menu items are available to takeaway.
5.2 All images are for illustrative purposes only.
5.3 If you have allergies and/or dietary requirements, please read our allergen guide before ordering. Full nutritional information is also available.
6.1 You have the right to cancel an order by telephoning the relevant restaurant up to 30 minutes prior to the stated collection time.
6.2 If you wish to cancel an order 30 minutes or less before collection time and food has been used to start preparing it, you may, at Our sole discretion, be charged the full price of the order and no refund will be due to you.
6.3 In the unfortunate circumstance that We need to cancel your order after it has been accepted, we will notify you as soon as possible. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
6.4 You will not be charged for any orders we cancel. Any payment made prior to an order being cancelled by us or our Franchisee will be reimbursed using the same method originally used by you to pay for your purchase.
6.5 If you do not collect your order within 30 minutes of your collection time, it will be disposed of and we will not be able to issue a refund. If you are running late to collect your order, please telephone the relevant restaurant.
7. Our Liability
7.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
7.2 However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you and us at the time of your purchase.
7.3 We do not exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; or
c) any liability which cannot legally be limited or excluded.
8. Force Majeure
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").
8.2 A Force Majeure Event includes any act, omission or accident beyond our reasonable control and includes (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) the acts, decrees, legislation, regulations or restrictions of any government; or
g) non-performance by suppliers or subcontractors.
9.1 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive a default by you, this will only be done in writing, and will not mean that we will automatically waive any later default by you.
10.1 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.1 We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
12. Entire Agreement
12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our restaurants, whether oral or in writing.
13.1 We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
14. Third Party Rights
14.1 No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
15. Law and Jurisdiction
15.1 Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Terms & Conditions of Use
1.1 Welcome to our website,[www.urbanbutterfly.co.uk] which is accessible via your computer (the “Website”), or our online application, downloaded from your portable hand-held device’s application Store (the “App”). The Website and App are provided by Butterfly Hive Limitied of Burnden House, Viking Street, Bolton, England, BL3 2RR
(“Butterfly Hive Limited”, “us”, “we” or “our” for short). “you” and “your” means you as the user of our Website.
1.2 We have set out the terms under which we are providing you with access to our Website or App and their products and services. These include the terms and conditions that govern:
a) your use of our Website or App (including the mobile optimised version of our Website accessible from your portable hand-held device);
b) your use of the services and products offered through our Website or App;
c) your rights to link to our Website or App;
2. Use of This Website & App
3. Age Restrictions
3.1 Our Website and our App are suitable for users of any age, however there are particular products or services available through this Website and our App which are only available to users over the age of 16. These are:
a) Booking a table
b) Creating an account
d) Downloading an offer
e) Accessing our in-restaurant wifi service
f) Ordering a takeaway via our Collection service
g) Purchasing a gift card or eGift
4. Specific Terms
4.1 There are specific terms which apply to particular products or services available through this Website or the App, including:
b) Delivery or Collection
d) Offers and Promotions
5. Accessing Our Website and App
5.1 Access to our Website is permitted on a temporary basis. We update our website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the service at any time without notice.
5.2 We do not guarantee that the Websites or App will be secure or free from bugs or viruses. You are responsible for making all arrangements necessary to access the Website or the App and recommend that you use your own virus protection software. You must not misuse the Website or App by introducing viruses, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites or App. You may only use the Website and the App for your own domestic, private and non-commercial use.
5.4 Please note that use of our Website and the App is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Website or the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
6. Reliance on Information Posted and Liability
6.1 Materials posted on our Website or the App are not intended as advice and should not be relied upon as such. We therefore accept no liability or responsibility arising from any reliance placed on such information to the fullest extent permissible by law.
6.2 Where we provide details of our restaurant menus, we make no promise that those details will be available in a particular restaurant on a particular day – all menus are subject to availability.
7. Intellectual Property
7.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you provide the relevant acknowledgement where appropriate to Urban Butterfly. All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions.
You must not:
a) remove any copyright or other proprietary notices contained in the Materials;
b) use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent.
8. Registering an Account
10.3 You can contact us via the Contact Us page found via the Website or App.
1. Privacy and Your Personal Data
1.2 It applies to Information collected by us, or provided by you, whether in one of our restaurants, over our Website (including the mobile optimised version of the website accessible from your portable hand-held device), our Urban Butterfly App, or in any other way (such as over the telephone). It is also intended to assist you in making informed decisions when using our Website, App and our products and services. Please take a minute to read and understand the policy.
1.3 All your personal Information shall be held and used in accordance with the EU General Data Protection Regulation 2016/679 ("GDPR") and national laws implementing GDPR and any legislation that replaces it in whole or in part and any other legislation relating to the protection of personal data. If you want to know what information we collect and hold about you, or to exercise any of your rights as set out in section 9 below, please write to us at the below address or via e-mail at Urbanbutterfly.email@example.com
1.4 Butterfly Hive Limited is the controller of your Information for the purposes of the GDPR and is a company registered under number 13688401
2. What Information Do We Collect on our Website?
2.1 When you visit our Website (including the mobile optimised version of the website accessible from your portable hand-held device) you may provide us with personal information such as name, postcode, email address, mobile phone number, date of birth (month and year only), credit, debit, or PayPal account details and information about other members of your family who might be interested in our services ("Information"). You may provide us with Information in a number of ways:
a) by supplying us with the Information as listed above, on an individual basis by registering as a registered user or subscribing to receive updates or offers from us. To become a registered user you must provide us with your name, postcode, date of birth (month and year only), and email address and telephone number, but you may also provide us with additional information if you choose to do so.
b) by corresponding with us by email, in which case we may retain the content of your email messages together with your email address and our responses;
c) by booking a table, ordering a takeaway online using our Click & Collect or Delivery service, downloading our offers, purchasing a gift card, or applying for a job with us;
d) through any preferences and areas of interest as advised by you on subscribing to our online services;
e) by Information provided when you use our App (see below); and
f) by Information provided when you use our mobile optimised website from your portable hand-held device including details of your physical location, where you have agreed to it being used.
2.2 From time-to-time we may give you the option to provide us with Information about other people in your life, for example as a registered user, you have the option to tell us whether you have any children and if so their gender and the month and year of their birth We use this Information to tell you about offers that may be relevant to your friends or family members in accordance with their age.
2.3 We may collect Information about your computer, including where available your IP address, operating system, browser type and the geographical location of your computer, for system administration purposes. We may also report aggregate information to our advertisers. This is statistical data about browsing actions and patterns and does not identify you as an individual.
3. What Information do we collect on our App?
3.1 When using our App, you may provide us with the following Information:
a) your name and contact details (email address and mobile telephone number), if you use the App to book a table at one of our restaurants;
b) further information (mobile phone number, date of birth (month and year only), favourite restaurants, details about other members of your family who might be interested in our services, if you use the App to register as a registered user or subscribe to receive updates or offers from us. To become a registered user you must provide us with your name, postcode, email address, and date of birth (month and year only), but you may also provide us with additional information if you choose to do so;
c) information which allows us to identify your credit or debit account details to complete a transaction with you, should you elect to pay for your takeaway.
d) your physical location, where you have agreed to it being used for the restaurant locator feature on the App or where you allow the App to access your location settings; and
e) other Information that may be provided by you when adding content to our App, or to our social network pages such as Facebook.
4. What Information do we collect in our restaurants or elsewhere?
4.1 When you are in one of our restaurants, we may collect the following Information when you use the Urban Butterfly Wi-Fi service:
a) your name and contact details (date of birth), email address, postcode and mobile telephone number)
b) your physical location, whilst you are in the restaurant only
5. How we use your Information
5.1 We will hold, use and disclose your Information for our legitimate business purposes including:
a) to keep you up to date about important changes to our business;
b) to direct-market products and services (including push notifications), advise you of news and industry updates, events, promotions and competitions and other information. Before we do so, you will be given an option to opt-out of such communications and an option to unsubscribe will also be provided with each communication. Regulation 22 of the Privacy and Electronic Communication Regulations allows us to send direct electronic marketing to you about the same or similar products you have ordered from us, as long as you are given an opportunity to opt out at the point of the data collection and in every subsequent message;
c) to apply profiling technology which analyses our customers’ engagement with our direct marketing communications, activity and interests so that we can send you content that is relevant to you;
d) to answer your queries;
e) to provide further services to you by sharing your Information with other companies within our group of companies, as well as trusted third parties. Further details about this are set out in the section 8 below on Sharing your Personal Information;
f) to release Information to regulatory or law enforcement agencies, if we are required or permitted to do so.
5.2 We may process certain sensitive personal data (known as special category data in GDPR) where you include it in information you send to us e.g. if you include information about your health in booking requests. We have processes in place to limit our use and disclosure of such sensitive data other than where permitted by law.
6. The legal basis for processing your Information
6.1 Under GDPR, the main grounds that we rely upon in order to process your Information are the following:
a) Necessary for compliance with a legal obligation – we are subject to certain legal requirements which may require us to process your Information. We may also be obliged by law to disclose your Information to a regulatory body or law enforcement agency;
b) Necessary for the purposes of legitimate interests - either we, or a third party, will need to process your Information for the purposes of our (or a third party's) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your Information protected. Our legitimate interests include responding to requests and enquiries from you or a third party, fulfilling takeaway, gift card or optimising our website and customer experience, informing you about our products, services and other information we think you will be interested in based on your interactions with us and purchase history, and ensuring that our operations are conducted in an appropriate and efficient manner;
c) Consent – in some circumstances, we may ask for your consent to process your Information in a particular way.
7. How we share your Information
7.1 In certain circumstances we will share your Information with other parties. Details of those parties are set out below along with the reasons for sharing it.
a) Trusted third parties: In order to provide certain services, we will share your information with third party service providers such as IT infrastructure companies and email logistics providers. We will not share your data with any third party where it is not necessary to do so to provide a service to you.
b) Regulatory and law enforcement agencies. As noted above, if we receive a request from a regulatory body or law enforcement agency, and if permitted under GDPR and other laws, we may disclose certain personal information to such bodies or agencies.
c) New business owners. If we or our business merges with or is acquired by another business or company, we will share your personal information with the new owners of the business or company and their advisors. If this happens, you will be sent notice of such event.
8. How long we hold your Information
We will only retain your Information for as long as is necessary for the purpose or purposes for which we have collected it. The criteria that we use to determine retention periods will be determined by the nature of the data and the purposes for which it is kept. For example, if we receive your Information through a competition entry, we will retain your data for as long as is necessary to administer the competition. If we receive your Information when you apply for a job, we will retain your data for as long as is necessary to process your application, and maintain application statistics. If you have consented to receive direct marketing from us, we will not directly market to you for longer than three (3) years from the date you last visited a Urban Butterfly restaurant, accessed our WiFi, made a purchase (via Click & Collect, Delivery, or our App) booked a table or downloaded a voucher, unless you consent to receive direct marketing by opting in again before the expiry of that three (3) year period. In certain circumstances, once we have deleted or anonymised your data, we may need to retain parts of it (for example, your email address), in order to comply with our obligations under GDPR or other legislation, or for fraud detection purposes.
9. Your rights relating to your Information
9.1 You have certain rights in relation to personal information we hold about you. Details of these rights and how to exercise them are set out below. We will require evidence of your identity before we are able to act on your request.
a) Right of Access. You have the right at any time to ask us for a copy of the Information about you that we hold, and to confirm the nature of the Information and how it is used. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your Information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.
b) Right of Correction or Completion. If Information we hold about you is not accurate, or is out of date or incomplete, and requires amendment or correction you have a right to have the data rectified, updated or completed. You can let us know by contacting us at the address or email address set out above.
c) Right of Erasure. In certain circumstances, you have the right to request that Information we hold about you is erased e.g. if the Information is no longer necessary for the purposes for which it was collected or processed or our processing of the Information is based on your consent and there are no other legal grounds on which we may process the Information.
d) Right to Object to or Restrict Processing. In certain circumstances, you have the right to object to our processing of your Information by contacting us at the address or email address set out above. For example, if we are processing your Information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your Information for direct marketing purposes.
You may also have the right to restrict our use of your Information, such as in circumstances where you have challenged the accuracy of the Information and during the period where we are verifying its accuracy.
e) Right of Data Portability. In certain instances, you have a right to receive any Information that we hold about you in a structured, commonly used and machine-readable format. You can ask us to transmit that Information to you or directly to a third party organisation.
This right exists in respect of Information that:
• you have provided to us previously; and
• is processed by us using automated means.
While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third party organisation's systems. We are also unable to comply with requests that relate to Information of others without their consent.
9.2 You can exercise any of the above rights by contacting us at the address or e-mail address set out above. You can exercise your rights free of charge.
9.3 Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
To the extent that we are processing your Information based on your consent, you have the right to withdraw your consent at any time. You can do this by unsubscribing via the link provided in any direct marketing communication, or contacting us at the address or email address set out above.
11.1 Similar to other commercial websites, our Website uses a technology called "cookies" and web server logs to collect information about how our Website is used. A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies
11.2 Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the websites visited just before and just after our Website.
11.3 Cookies, in conjunction with our web server's log files, allow us to calculate the aggregate number of people visiting our Website and which parts of the website are most popular. This helps us gather feedback so that we can improve our Website and better serve our customers. Cookies do not allow us to gather any personal Information about you and we do not generally store any personal Information that you provided to us in your cookies.
11.4 We use ‘session’ cookies which enable you to carry information across pages of the Website and avoid having to re-enter information. Session cookies enable us to compile statistics that help us to understand how the Website is being used and to improve its structure.
11.5 We also use ‘persistent’ cookies which remain in the cookies file of your browser for longer and help us to recognise you as a unique visitor to the Website, tailoring the content of certain areas of the Website to offer you content that match your preferred interests.
12. Website Accessibility
12.1 Urban Butterfly recognises the importance of providing a website that is accessible to everyone and is easy to use. This section outlines our ongoing commitment to making our online services accessible and explains some of the accessibility features of this Website.
12.2 Website accessibility means that people with disabilities can use the Website. More specifically, Website accessibility means that people with disabilities can perceive, understand, navigate, and interact with the Website, and that they can contribute to the Website. Website accessibility also benefits others, including older people with changing abilities due to aging. (Quote from https://www.w3.org/WAI/intro/accessibility.php)
12.3 This Website contains the following features which should help users make the website more accessible:
a) providing a sitemap;
b) every content and decorative image has the ability to have alternative text added so if images are disabled or not appearing the user can see read what the image is displaying;
c) tabbing through the Website is organised in a logical top down left to right order;
d) clearly defined visible hover and focus (tab) state for each link;
e) the ability to jump to the main content on the page by bypassing the top menu when you use the keyboard;
f) HTML for lists, tables and quotes being coded correctly;
g) the ability to navigate around the site and access all functionality by only using the keyboard;
h) all fields and labels within forms including error messages, are clearly labelled and have the correct notations;
i) the visual contrast combination of text and background colours meet the correct ratio so all text is easily read; and
j) the Website is readable when large size text is used in Internet Explorer
12.4 At Urban Butterfly we are committed to making our Website accessible to as many abled and less abled people as possible. We will continue to review, test and modify our Website for usability and accessibility issues using a combination of both manual and automated testing tools. These tools and techniques help us to aim towards meeting (where possible) the W3C guidelines as part of our ongoing commitment towards an accessible Website.
If you are unhappy about our use of your Information, you can contact us at the address or e-mail address above. You are also entitled to lodge a complaint with the UK Information Commissioner's Office using any of the below contact methods:
Telephone: 0303 123 11113
Post: Information Commissioner's Office