Terms and Conditions
Website & applications terms and conditions
Welcome to the https://mizzoni.ie website and mobile applications (together the “Websites and Apps”). This page tells you the terms and conditions on which Mizzoni’s Pizza branches supply any of the products (the “Products”) listed on the Websites and Apps to you. Please read these terms and conditions carefully before ordering any Products from the Websites and Apps.
Acceptance of Terms
By using the online ordering system on our website, you agree to these terms and conditions. If you do not agree to these terms, you should not use the system.
Placing an Order
When you place an order through the Mizzoni’s Pizza website or Apps, you are making an offer to purchase products or services. We reserve the right to accept or decline your offer for any reason, including but not limited to product availability, errors in pricing, or failure to meet credit card verification standards. The agreement will be between you and the Mizzoni’s Pizza Outlet you chose and will only be formed when you have been presented with the Confirmation Screen.
You should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.
Minimum delivery spend may apply.
Payment
- All prices on our website are in the currency specified on the website. We accept payment by credit card. Payment must be made in full at the time of the order.
Cancellation and Refunds
- If you need to cancel or modify an order, please contact us as soon as possible. We may not be able to cancel or modify an order once it has been processed. If we are unable to fulfil your order, we will issue a refund.
Delivery
- We will make every effort to deliver your order in a timely manner. However, we are not responsible for any delays that may occur. We will not be liable for any damages or losses resulting from a delay in delivery.
Service availability
We do not accept orders from individuals who are outside of our delivery radius. Store opening hours will vary depending on local trading conditions and the availability of late openings. To find a store and view its opening hours, please click on the ‘Locations’ button for a list of branches. We reserve the right to cease online ordering at any time.
Products
All Products are subject to availability. In most cases, your local Mizzoni’s Pizza Branch / Franchisee will offer an alternative for any out-of-stock item.
The Stores are busy working environments and there is a risk of cross-contamination between toppings. If you have an allergy we kindly ask that you do not order online. In this scenario, please telephone your chosen Store and inform your order-taker at the Store directly in full of your allergies.
Great care is taken in the preparation of all the Products, however, we cannot guarantee that all bones from meat products have been removed and some may remain.
Availability and delivery
Our goal is to provide the best delivery service in the world which includes maintaining our excellent reputation for on-time delivery (i.e. delivering your food at the time we quote). Unfortunately things do not always go to plan and factors, such as weather and traffic conditions, may occasionally prevent us from achieving this.
We will do our best to fulfil your order in accordance with the delivery date and time set out in the confirmation email or, if delivery is specified as ASAP, within a reasonable time from the time the confirmation email was sent taking into account the volume of orders and circumstances facing the Mizzoni’s Pizza branch / Franchisee at the time.
We will inform you if we become aware of an unexpected delay.
Cancellation
You have the right to cancel an order by telephoning the relevant Store up until either:
- in the case of any advance order (which is/are order(s) placed more than 1 day before a requested delivery date), up to 1 day before the order is due to be delivered; or
- in the case of same day orders and deliveries, within a reasonable time (usually just a matter of minutes) and, in any event, before any food has been used to start preparing the order.
Where an order is cancelled after food has been used to start preparing the order, the Mizzoni’s Pizza Branch / Franchisee may, at its sole discretion, classify this as a “Bad Order”. Bad Orders will be charged to the customer and no refund will be due to the customer.
An order may be subsequently cancelled by a Mizzoni’s Pizza Branch / Franchisee, at its sole discretion, after you have been presented with the Confirmation Screen. Mizzoni’s Pizza and the Mizzoni’s Pizza Franchisee reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for cancelled orders made in accordance with these cancellation provisions. Any payment made prior to an order being cancelled by Mizzoni’s Pizza or a Mizzoni’s Pizza Franchisee, in accordance with the above, will usually be reimbursed using the same method originally used by you to pay for your purchase.
Price and payment
The price of any Products will be as quoted on our Websites and Apps and may vary from time to time, except in cases of obvious error. Prices include VAT. Prices will vary between Stores.
Prices are liable to change at any time, but changes will not affect orders placed where you have already checked-out and been presented with the Confirmation Screen (unless, due to a technical error, you have been overcharged for some reason). Despite our best efforts, some of the Products listed on our Websites and Apps may be incorrectly priced (either due to human or technical error). The Store will normally verify prices as part of the order process and the Store’s decision in relation to pricing is final and binding.
Payment for all Products can be by credit or debit card at the point of ordering or in cash at the point of collection. We accept payment via Maestro, Visa and MasterCard. If you are placing an order from the Republic of Ireland we also accept payment via Laser. We will charge your credit or debit card at the point of order.
Should you choose to pay by credit or debit card, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Mizzoni’s Pizza and is subsequently passed on by Mizzoni’s Pizza to the appropriate Mizzoni’s Pizza Franchisee.
Our liability
If we and/or the Mizzoni’s Pizza Franchisee fail to comply with these terms and conditions we and/or the Mizzoni’s Pizza Franchisee are responsible for loss or damage you suffer that is a foreseeable result of our and/or the Mizzoni’s Pizza Franchisee’s breach of these terms and conditions or our and/or the Mizzoni’s Pizza Franchisee’s negligence, up to the amount of the purchase price paid by you for the Products you ordered. However, we and/or the Mizzoni’s Pizza Franchisee are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from the Websites and Apps.
We and the Mizzoni’s Pizza Franchisees only supply the Products for domestic, private and business use. You agree not to use any Product for any commercial or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We, and/or the Mizzoni’s Pizza Franchisees (as appropriate), do not in any way exclude or limit our liability for:
- death or personal injury caused by our and/or the Mizzoni’s Pizza Franchisee’s negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Termination
We reserve the right to decline a new registration, terminate your right to link to the Websites and Apps under these terms and conditions. If we consider there to be a risk of liability or loss to us or the Mizzoni’s Pizza Franchisees we may take any action deemed necessary to prevent such a liability or loss from occurring.
If we terminate your right to link to the Websites and Apps you must cease linking to the Websites and Apps immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.
Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Websites and Apps, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Websites and Apps. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Events outside our control
We and the Mizzoni’s Pizza Franchisees 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”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of the Mizzoni’s Pizza Franchisees and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; or
- non-performance by suppliers or subcontractors.
Waiver
If the Mizzoni’s Pizza Family fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if the Mizzoni’s Pizza Family fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the Mizzoni’s Pizza Family of any default shall not constitute a waiver of any subsequent default.
No waiver by the Mizzoni’s Pizza Family of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).
Severability
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
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 us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
Mizzoni’s Pizza has the right to revise and 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 Product(s) from a Mizzoni’s Pizza Franchisee, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
Third party rights
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by Irish 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 Ireland.
Intellectual property
Mizzoni’s Pizza owns all intellectual property rights and copyright in the Mizzoni’s Pizza Platform, website and Services (including with respect to functionality, content, text, graphics, logos and icons) and the software and other material underlying or forming part of the Platform, Services and/or website. You agree that you will not, in any manner or by any means, reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of the Platform, website or Services, or attempt to commercialise, copy or sell any information or matters derived from the Platform, website or Services.
Mizzoni’s Pizza does not claim any intellectual property rights over the material you upload or otherwise provide when utilising the Services. All such material remains yours. By uploading images of and information describing your products you agree that other internet users can view the same and you agree that Mizzoni’s Pizza may store and display them and may at any time review all content submitted by you utilising the Services.
Terms and Conditions for Mizzonis Takeaway Competition
- Eligibility
1.1. The competition is open to customers who place an order with Mizzonis Takeaway via the app.
1.2. Each order placed counts as a single entry into the competition. Multiple entries are allowed; each new order is considered a new entry.
1.3. To qualify for entry, you must be opted into marketing communications from Mizzonis Takeaway. By entering, you consent to receive promotional emails, SMS, or other marketing communications.
1.4. The competition is open to individuals aged 18 and over. - Discount Code
2.1. New customers can receive a 10% discount on their first order using the code WIN10.
2.2. The discount code is valid for first-time customers only and must be applied at checkout.
2.3. The use of the discount code does not impact your eligibility for the competition. Does not apply to Meal Deals or alcohol. - Competition Period
3.1. The competition begins immediately and ends at 11:59 PM on December 19th.
3.2. The winner will be announced by December 23rd. - Winner Selection and Announcement
4.1. One winner will be chosen at random from all eligible entries received during the competition period.
4.2. The winner will be contacted via the contact details provided when placing their order. If the winner cannot be reached within 7 days, Mizzonis reserves the right to select an alternative winner. - Prize
5.1. The prize will be announced upon winner selection. Mizzonis reserves the right to substitute the prize for an alternative of equal or greater value. - General Conditions
6.1. Mizzonis reserves the right to amend or cancel the competition at any time without notice.
6.2. Employees of Mizzonis Takeaway, their families, and any affiliated parties are not eligible to participate.
6.3. By participating, entrants agree to be bound by these terms and conditions.
6.4. Any personal data provided will be processed in accordance with Mizzonis’ privacy policy. - Liability
7.1. Mizzonis Takeaway is not responsible for technical or human errors that may disrupt participation or the prize draw process.
7.2. The decision of Mizzonis regarding any aspect of the competition is final and binding.