JUST EAT FOR BUSINESS GROUP ORDERING TERMS AND CONDITIONS
BACKGROUND
A These Terms, together with any and all other documents referred to herein, set out the terms under which Users (“Customers”) buy from Vendors on Our Marketplace. Please read these Terms carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms when you request an Account. If you do not agree to comply with and be bound by these Terms, you will not be able to submit any Orders on Our Marketplace.
B We provide an online platform to connect Vendors with Customers, and provide a delivery service of Food Products.
C At no time will a contract come into existence between us and Customers for the purchase of any Food Products or any other items from Vendors. Any contract for the sale/purchase of Food Products formed between a Vendor and a Customer will be solely between the Vendor and Customer and our role is limited to the delivery of Food Products where applicable.
1.1 In these Terms for Customers, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Customer” means a User who makes a purchase on Our Marketplace;
“Corporate Delivery Order” means an order for Food Products for at least 5 people which is delivered to business premises;
“Food Products” means the products sold by Vendors through our Marketplace;
“Listing” means a listing on Our Marketplace advertising Food Products for sale;
“Marketplace” means Our platform for Vendors and Customers on Our Site;
“Order” means the Corporate Delivery Order by a Customer for the Vendor’s Food Products;
“Our Site” means https://business.just-eat.co.uk;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“Vendor” means a User who is an independent food retailer/restaurant who sells food on Our Marketplace;
“We/Us/Our” means City Pantry Ltd trading as Just Eat for Business, a company registered in England with company number 08443757 and whose registered office is Fleet Place House, 2 Fleet Place, London EC4M 7RF.
“Worry Free Period” means the amount of time stated in a Vendor’s Portal in which a Customer may cancel an Order without charge.
2.1 https://business.just-eat.co.uk is a Site owned and operated by City Pantry Ltd trading as Just Eat for Business, a company registered in England with company number 08443757 and whose registered office is Fleet Place House, 2 Fleet Place, London EC4M 7RF.
2.2 You can contact us by:
o Writing to us at the above address;
o By emailing us atsupport@citypantry.com;
o Calling us on 020 3893 3500
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them.
4.1 You may only register for an Account and/or submit an Order if you are at least 18 years of age and wish to submit a Corporate Delivery Order for delivery in the United Kingdom.
4.2 You must not allow any other person to use your Account to submit an Order. If you open a corporate account, you must nominate a primary user for that Account, who will then have responsibility for adding or deleting users of the Account.
Our Marketplace is provided as an online venue for Vendors and Customers. Although we may deliver the Food Products, We are not a party to the transaction for the purchase of the Food Products. You hereby acknowledge and agree that:
5.1 You are not making a purchase from Us for Food Products and are not entering into a contract with Us for the purchase of Food Products, and we only act as agent for delivery of the Food Product. Your purchase is from the Vendor in question, and your contract is with that Vendor;
5.2 We will not be a party to any dispute between you and any Vendor or another Customer. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Vendors or any Food Products (or any other goods or services) that Vendors advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and
5.4 While all Vendors are required to comply with Our Terms for Vendors which include provisions covering important matters such as payment methods, all Vendors are different and may not process transactions within the same time frame, have differing Food Products and delivery timeframes, and set their own prices.
6.1 The provisions of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings.
6.2 Customers must, at all times, respect the intellectual property rights of Vendors and other Users on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
7.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Vendors on Our Marketplace; and
7.1.6 you must not engage in any form of price fixing with other Users (including Vendors and Customers).
7.2 When using Our Marketplace, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Marketplace;
7.3.2 issuing you with a written warning;
7.3.3 issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 taking further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 taking any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
8.1 Images of Food Products within Listings are for illustrative purposes only:
8.2 Please note that sub-Clause 8.1 does not exclude a Vendor’s responsibility for mistakes due to negligence and refers only to minor variations of the correct Food Products, not to different Food Products altogether.
8.3 Vendors have agreed that, within all Listings, they will set out:
o The cancellation period or “Worry Free Period” under which you can cancel an Order;
o The full price of the Food Products;
o Any allergen information.
8.4 You are responsible for checking the ingredients in Food Products for any allergens, dietary or other reasons that could affect your consumption of the Food Product. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Vendor before placing your Order.
8.5 Our Site will guide you through the ordering process which can only be used for Corporate Delivery Orders. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.6 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that a Vendor may, at their sole discretion, accept or reject. Vendors must accept an Order:
o Within 24 hours if the Order is received with more than 48 hours’ notice; or
o Within 2 hours if the Order is received with less than 24 hours’ notice; or
o Within 15 minutes if the Order is received on the same day as it is due for delivery.
8.7 If a Vendor fails to either accept or reject an Order by the times set out at Clause 8.6 then by default they are deemed to have accepted the Order.
8.8 As set out above in Clause 5, all transactions on Our Marketplace are between Vendors and Customers only. We are not a party to such transactions.
8.9 When making a purchase from a Vendor, you expressly agree that:
9.1 Unless you have been granted a Credit Account (see Clause 10), payment for Food Products must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at the time your Order is submitted.
9.2 No payments should be made to Vendors directly.
9.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Vendors at any time, or for any reason.
10.1 We may, at our absolute discretion, allow you to open a credit account.
10.2 To check if you are eligible for a credit account, please email support@citypantry.com. By submitting a request to us you agree that we may contact credit reference agencies in regards to your application and this may have an effect on your credit file.
10.3 When submitted a request to Us for a Credit Account, you will asked whether you would like a weekly or monthly invoiced account, but the final choice is at our absolute discretion.
10.3 If we accept your request for a credit account, Food Products can be paid for at the time of submitting an Order (see Clause 9), or using your credit account.
10.4 All invoices will be sent by email to the email address provided within your account application (and which should be kept up to date in your general Account).
10.5 For weekly invoices accounts, invoices will be sent each Monday, and for monthly invoiced accounts, invoices will be sent on the 21st day of each month. Where any of the days/dates within this Clause 10.5 fall on a public or bank holiday, the invoice will be sent on the next working day.
10.6 All invoices are payable within 10 days of the date of the invoice.
10.7 We reserve the absolute right to close a credit account at any time and without notice.
10.8 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
10.9 If you do not make any payment to Us by the due date We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Lloyds Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
11.1 It is the responsibility of Vendors to collect and pay takes on any sales made through Our Marketplace.
11.2 Where any tax, for example VAT, forms a part of the price of Food Products on Our Marketplace, the tax must be included in the price of the Food Product.
11.3 If a Vendor is VAT registered, they may be required to charge VAT on the Food Products that they sell on Our Marketplace.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.
12.1 Vendors will indicate within their Listings whether they deliver the Food Products directly. Where no such indication is given, we shall arrange for the Food Products to be collected from the Vendor and delivered to you by the time stated within your Order.
12.2 All Vendors have differing times for the processing of Orders and these will be indicated within the Vendor’s Listing.
12.3 All delivery times are estimates only. Neither We nor Vendors guarantee that Orders will be delivered within the estimated times, and neither We nor Vendors are responsible for non-delivery where such non-delivery occurs due to Force Majeure Events (events that are beyond Our control and could not have been avoided even if all reasonable measures had been taken, for example, road closures and traffic).
13.1 As a consumer based in the European Union, for many contracts entered into online, you may be entitled to a “cooling-off” period within which you may cancel your contract for any reason. However, the cooling-off period does not apply where items are likely to deteriorate quickly (such as food). Once you have submitted your Order:
13.2 Each Vendor has a different Worry Free Period as will be shown on their Listing. Where no Worry Free Period is stated, then you will not be able to change or cancel your Order.
14.1 All Vendors must carry out their services (food preparation) with reasonable care and skill and the Food Products must be of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information that Vendors provide to Customers. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
14.2 If you have any cause of complaint about the services or Food Products provided you should contact us (using the contact details in Clause 2) as soon as possible, but no later than 7 days of the date on which the complaint arose.
14.3 If Vendors do not perform the services or provide Food Products as set out in sub-clause 14.1, you may have the right to request a repeat Food Order, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
14.4 If for any reason a Vendor is required to repeat the Food Order in accordance with your legal rights, they will not charge you for the same and they will bear any and all costs of repeating the Food Order. In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We or the Vendor agree that you are entitled to the refund) and made via the same payment method originally used by you (or, where applicable, you may contact us to make a credit to your credit account).
15.1 You may close your Account at any time by contacting us using the contact details in Clause 2.2.
15.2. You will still remain liable to us after closing your Account for any amounts to use for Orders submitting using our Credit Account.
16.1 As stated in Clause 5, We are not a party to any transactions for the sale/purchase of Food Products or their delivery where the Vendor is delivering directly to you (for example, we are not responsible for any Orders that are not fulfilled correctly, for the quality of the food supplied or any other issues relating to the food/service supplied). We do not pre-screen Vendors or any Food Products or other items that Vendors advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Food Products or other item(s) purchased from Vendors on Our Marketplace. Any claims pertaining to a transaction must be made directly to us in the first instance using the contact details in Clause 2.2, within 5 days of the date of which you became aware of a possible claim.
16.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
16.3 Subject to sub-Clause 16.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
16.4 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
16.5 Where you use our Site in the course of a business, trade or profession, without prejudice to clause 16.2 Our total aggregate liability under or in connection with this agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed £500.00 or the total payments made to us in the preceding 3 months prior to a claim arising, whichever is lower.
16.6 Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
17.1 All personal information that We may use will be collected, processed, and retained in accordance with the provisions of UK GDPR
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
17.3 Vendors will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and business address). Vendors are, therefore, also considered data controllers under the UK GDPR and will be responsible for complying with their legal obligations and protecting your rights under the applicable privacy laws.
18.1 We may from time to time offer promotion codes on our Site.
18.2 Any promotional codes:
18.3 We shall not be liable for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of a promotional code for any reason.
18.4 We reserve the right, at any time, and at our sole discretion, to add, amend, or withdraw all and any promotion codes.
19.1 We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
19.3 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
19.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
19.5 We may revise these Terms from time to time by changing them on this page and you may be required to accept the new Terms when next signing into your Account. If you do not agree to the change in Terms then you may close your Account (see Clause 15).
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
JUST EAT FOR BUSINESS INDIVIDUAL ORDERING TERMS AND CONDITIONS
These terms apply to the relationship between Just Eat for Business and you if you place an order via JEfB "Individual Ordering". They replace the general Customer Terms of Use, which will not apply to Individual Ordering Orders. The JEfB Website Terms continue to apply.
By ordering products via JEfB “Individual Ordering” (whether now or in the future), you agree to be bound by these Individual Ordering Terms. If you do not accept these Individual Ordering Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
If you are a consumer, you have certain legal rights when you order Products using our Website and JEfB Individual Ordering. Such rights are not affected by these Individual Ordering Terms, which apply in addition to your legal rights.
We reserve the right to change these Individual Ordering Terms from time to time by changing them on this page. You may wish to print a copy of these terms for your records.
1.1. Company details: City Pantry Ltd trading as Just Eat for Business, a company registered in England with company number 08443757 and whose registered office is Fleet Place House, 2 Fleet Place, London EC4M 7RF.
1.2. VAT number: Our VAT number is GB 189 445 949.
1.3 Website: https://app.business.just-eat.co.uk/menus/individual-ordering (the “Website”) is operated by City Pantry Ltd (trading as Just Eat for Business) together with our affiliates (“we/us/our”).
1.4 Eligible Users: JEfB Individual Ordering is an enterprise customer platform available only to certain corporate customers (“Corporate(s)”) and their users in the UK ("Eligible Users").
1.5. Product Orders: JEfB Individual Ordering provides a way for Eligible Users to communicate your individual orders (“Order” or "Orders") for products (“Product” or "Products") to restaurants, stores and other businesses listed on the Website in the UK (“Business” or "Businesses"). The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with and we will facilitate and conclude the sale of Products on behalf of, and as agent for, the Businesses in all cases.
1.6 Delivery Services: Where a Business on our Website provides their own delivery service in order to bring the Product(s) you order to you. In this case, the Business may charge you a delivery fee (which we will collect on behalf of the Business). In some cases, we provide the delivery services, and in those cases we may charge you the delivery fee ourselves (in respect of that delivery fee, as principal, rather than as agent for the Business).
2.1. Website access: Use of the Website is also subject to our Website Terms.
2.2. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Individual Ordering Terms and that they comply with them.
2.3 Information you provide: You confirm that all information provided by you to us (including to our Customer Care team) is true and accurate in all respects and at all times.
2.4 You must not allow any other person to use your account to submit an Order. Where your account is a designated Company Admin account, you may be provided with additional Website access where you will be responsible for setting the balance, hours of available use and other business rules that apply to your company’s associated users, on behalf of your Corporate.
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.2. You acknowledge and agree that if you have a specific allergy or intolerance, you will contact the Business directly to check that the Product is suitable for you, before placing your order directly with them.
3.3. Alcohol, tobacco products and other items with a legal age restriction (“Age Restricted Items”):
4.1. Compiling your Order: Once you have selected the Products you wish to order from your chosen Business and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Business and errors cannot be corrected (subject to paragraph 4.2. below).
4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.5 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact the Business if their contact details are available. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Business.
4.4. Processing your Order and Business rejections: On receipt of your Order, we will send it to the relevant Business and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Business but does not necessarily mean that your Order will be fulfilled by the Business. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order. However, Businesses have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Businesses will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.5 below.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times. By selecting to have your Order delivered, you are confirming that You will be present at the delivery address you indicated in order to receive the Order. If you are not present at the delivery address when the Order is delivered, and the Order is being delivered by us (rather than the Business itself) we will make reasonable efforts to contact you in order to determine where to leave the Order. If we are unable to contact you, we may leave the Order at a reasonable location outside, close to the delivery address. We will not be responsible for the Order (including the quality or safety of the contents of the Order when you find it) after delivering the Order. Please note that when the Business is delivering the Order itself, rather than using our delivery services, the Business will decide whether to leave the Order outside the delivery address if you are not present.
4.6. Commercial agency: For the avoidance of doubt, any orders processed by us through the Website are processed by JustEat.co.uk Ltd in its capacity as agent of the relevant Business.
5.1. VAT and additional costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge. These will be added to the total amount due where applicable. Where the Business that you place your Order with provides its own delivery service, the Business may charge you a delivery fee and/or a service charge (which we will collect on behalf of the Business, as the Business’s agent). Where the Business that you place your Order with receives delivery services provided by us, we may charge you a delivery fee and/or service charge ourselves (in respect of that delivery fee and/or service charge only, as principal, rather than as commercial agent for the Business). The delivery fee and service charge applying to your Order may vary depending on a number of factors, including your location, the Business you select, and the value of the items in your Order, but these costs will always be shown to you before you complete and pay for your Order.
5.2. Incorrect pricing: This Website contains a large number of items and it is possible that some of the items may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Business is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made via one of the online payment methods accepted and available at the point you complete your Order via the Website. Your chosen payment method will be charged at the time your Order is submitted.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Business at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5. Rejected Orders:
If your Order is subsequently rejected by the Business (as described in paragraph 4.4 above) or successfully cancelled for any other reason, then either:
5.5.1 if you paid using your Individual Ordering account allowance, the relevant amount will be refunded as allowance credit back to your Individual Ordering account; or
5.5.2 if you paid using a credit or debit card, then your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Business will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. This is because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer with “ring-fence” the full amount of your Order.
6.1. General: Customer care is extremely important to Just Eat for Business. Subject to paragraphs 6.4 and 11, our Customer Care team will review any complaints or feedback received via our Contact Form in a timely manner.
6.2. Questions about your Order: If you have questions about your Order, please first refer to the ‘Need help?’ section on the ‘Your Order’ tab on the Website, where you’ll find useful answers to frequently asked questions. Where further assistance is required, you can submit a general query via our contact form and we’ll aim to get back to you within 24 hours.
6.3. Changing or cancelling your Order: You cannot change or cancel your Order once it has been placed.
6.4. Complaints or feedback: If you are dissatisfied with the quality of any Products or the service provided by a Business, and wish to seek a refund via our Website, please report an issue as possible via the ‘I’m unhappy with my order’ button under the ‘Need help?’ section on the ‘Your Order’ tab on the Website. You are responsible for ensuring that the information you provide is accurate and based on your own, genuine experience.
6.5. Compensation: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over Businesses and the quality of the Products or service that they provide, and we have no responsibility or liability for providing any compensation to you.
6.6. Processing refund requests: In order to be eligible for a same day refund of your allowance (enabling you to re-use your allowance that day), you must report an issue via our contact form (see details in 6.2 above) on the Order delivery date. Refund requests after this date may result in a refund to your Corporate but they will not be reflected in your allowance. Where we are processing refund requests, please be aware that we may ask you to provide reasonable evidence (such as photographs) demonstrating a reported issue with your Order. In addition and prior to processing any refund request, we may take other relevant factors into account, such as the details of your Order and its delivery, your account data and ordering history, transaction data and information received from the Business. If processed, refund amounts will be returned to the same payment method(s) used when the relevant Order was placed.
6.7. Statutory Rights: The foregoing clauses in this CUSTOMER CARE section do not affect your legal and statutory rights when ordering Products or services via our Website.
7.1. General:
7.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
7.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
7.4. Removal of Reviews: The prohibited acts listed in paragraphs 7.2 and 7.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 7.2 or 7.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
7.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
7.6. Images: Any images of food or other items displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of item prepared or produced by the Business from which you choose to order; or (b) representative of the Product you receive from a Business.
7.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Business or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 7.
7.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 7.2 or 7.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
8.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
8.2. Allergy, dietary and other Product information: When a Business signs up with us, they have to provide us with up-to-date Product information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it has been provided to us by the Business. If you have, or someone you are ordering for has, a concern about allergies, intolerances or other dietary preferences, you should always contact the Business directly before placing your order. Please do not use the "leave a note for the Business" box for your allergies or intolerances, please contact the Business directly.
8.3. Business actions and omissions: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over the actions or omissions of any Businesses. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
8.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Individual Ordering Terms, by statute, common law or otherwise).
9.1. General: Nothing in these Individual Ordering Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Individual Ordering Terms affects your statutory rights.
9.2. Exclusion of liability: Subject to clause 9.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
9.3. Limitation of liability: Subject to clauses 8, 9.1 and 9.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
9.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
10.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
11.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. 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.
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Individual Ordering Terms that is caused by events outside our reasonable control ("Force Majeure Event").
12.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.3. Our performance under these Individual Ordering Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Individual Ordering Terms may be performed despite the Force Majeure Event.
13.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy and Cookies Statement.You should review our Privacy and Cookies Statement for information regarding how and why we use cookies to improve the quality of the Website and your use of it
13.2. Severability: If any of these Individual Terms 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.
13.3. Entire agreement: These Individual Ordering Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Individual Ordering Terms will not be interpreted as a waiver of your or our rights or remedies.
13.5. Assignment: You may not transfer any of your rights or obligations under these Individual Ordering Terms without our prior written consent. We may transfer any of our rights or obligations under these Individual Ordering Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.6. Headings: The headings in these Individual Ordering Terms are included for convenience only and shall not affect their interpretation.
14.1. These Individual Ordering Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Individual Ordering Terms in the English courts. If you live in a part of the United Kingdom other than England, you can bring legal proceedings in respect of these Individual Ordering Terms either in the English courts or the courts of your home country.
14.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Individual Ordering Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
These Terms and Conditions were last Updated 27th September 2023.
City Pantry Ltd trading as Just Eat for Business © 2021