Terms & Conditions
Last Updated 27th March 2017
JUST EAT PARTNER CENTRE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
We reserve the right to change these Terms from time to time by changing them on this page. We advise you to print a copy of these Terms for future reference. These Terms are only in the English language.
For the avoidance of doubt, please note that references to "Website" in these Terms include any current or future version of our Partner Centre website https://partner.just-eat.co.uk, including without limitation our JUST EAT Shop website and any JUST EAT mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website or placing an order with the JUST EAT Shop through the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any products from the JUST EAT Shop.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
Company details: JUST EAT is a company registered in England and Wales with registered company number 04656315, whose registered office is at Fleet Place House, 2 Fleet Place, London, EC4M 7RF.
VAT number: Our VAT number is GB 945 7192 91.
This Website enables you to:
Monitor your online sales through the JUST EAT online ordering platform, look up your JUST EAT invoices and manage your JUST EAT settings; and
Place orders ("Orders") for various JUST EAT products from the JUST EAT Shop including: non-branded products, third party-branded products and/or JUST EAT-branded products (the "Products").
The services described in this clause 1.3 are collectively referred to as the "Service".
2. WEBSITE ACCESS AND TERMS
Acceptance of terms:
By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
Revision of terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
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 Terms and that they comply with them. If your order is to arrive on a pallet please note that the driver can only take the pallet to the curbside. The driver will not unload the pallet or take away any packaging or the pallets. Upon delivery the pallet and its contents are the responsibility of the recipient. You will be contacted soon after you have placed your order to book a suitable time for your pallet delivery, should you miss your first delivery you may be charged for a 2nd attempt or have part of your refund held if you do not wish to have a second delivery attempt.
3. YOUR STATUS
Capacity and age: By placing an Order, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
4. OUR PRODUCTS
Images: The images of the Products on our Website or that we otherwise provide to you in digital or electronic format are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Measurements: Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website or that we otherwise provide to you during the ordering process are approximate only and may vary slightly from those indicated.
Packaging: The packaging of the Products may vary from that shown on images on our Website or that we otherwise provide to you in digital or electronic format.
Availability: All Products shown on our Website or in our JUST EAT Shop are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your Order if made.
5. HOW THE CONTRACT FOR ORDERS IS FORMED BETWEEN YOU AND US
Order Acknowledgement: After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 5.2.
Order Acceptance: Our acceptance of your Order will take place as follows:
In relation to Products, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The contract between us will only be formed when we send you the Dispatch Confirmation. Please note that a contract is not formed at the point in time that payment has been taken from you by us, nor at the point in time that you receive an e-mail from us acknowledging receipt of your order. Until the Products are dispatched the Order may not be accepted by us or may be cancelled by you.
Order Issues: If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website or otherwise provided to you as referred to in clause 7, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. RETURNS AND REFUNDS OF PRODUCTS
Returns of Products: We offer a refund or exchange on all Products when the items are faulty or damanged in transit. Our returns policy does not affect your legal rights under any legislation. All co-branded items are NON REFUNDABLE / NON EXCHANGEABLE. As well as this, we do not allow any personal/private web addresses and/or phone numbers to be printed on co-branded products.
Returns process: The following process and conditions apply to the return of any Products:
Please contact our Customer Services telephone line at 0345 561 0156 or e-mail us at email@example.com. Please note, the Customer Service Team will not be working 25&26 of Dec, and also 1st Jan. You may wish to keep a copy of the notification e-mail that you send for your own records. We will provide you with a Returns Confirmation Number and confirm the date on which we will collect the Products.
We will arrange to collect any Products that you wish to return. You should not use your own delivery methods to return the Products. If you choose to do so, we will not be responsible for any loss or damage to them in transit, and we reserve the right at our sole discretion to charge you (or not to refund any amounts attributable to) for any such loss or damage.
It is important that returned items are in the best possible condition. Prior to the date when we collect the Products, you have a legal obligation to keep the Products in your possession, to take reasonable care of the Products while they are in your possession and to keep all packaging.
Restocking charges: If you have returned Products to us under our "goodwill" returns policy, you will receive a full refund of the price you paid for the Products (excluding any applicable delivery charges you paid). You will be responsible for paying a charge for us to collect the Product(s). Please refer to our Contact Us & Help [https://partner.shop.just-eat.com/contact-us-help] page.
Defective products: If you have returned Products to us because they are faulty or mis-described, we will refund the price of the defective Products in full and any applicable delivery charges. We will not charge you for collecting any defective Products.
Refunds: We will process any refund due to you as soon as reasonably possible, and generally aim to do so within 30 days of receiving the returned Product. We will generally refund you through the same method as your payment method.
7. DELIVERY OF PRODUCTS
Delivery date: We aim to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation. However, there may be unforeseen delays from time to time, including due to a Force Majeure Event (see clause 18). If we are unable to meet the estimated delivery date because of a Force Majeure Event or for any other reason, we will contact you with a revised estimated delivery date. Please also be aware that the following postcodes are not available for next day delivery: AB30,31,33,34,35,36,37,38,41,42,43,44,45,51,52,53,54,55,56,63,DD8,9,10,FK8 3,FK17,18,19,20,21,IV4,5,6,7,8,9,PH10,11,13,14,TD15 2,HS1,2,3,4,5,6,7,8,9,IV1,2,3,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,26,27,28,30,31,32,36,IV40-56,KA27,28,KW1,2,3,KW5-14,KW15,16,17,PA20-49,PA60,61,PA62-78,PA80,PH17,18,PH19-26,PA30-44,PA49,50,ZE1,2,3,BT21-26,BT29-35,BT38-46,49,BT51-61,BT66-71,BT74-77,BT80,81,82,BT47,48,BT62-65,BT92,93,94,IM1-9,99,TR21-25. Please also note that we do not operate on bank holidays or weekends. Any next day carriage orders placed before 1pm on the last working before a bank holiday or weekend will be delivered on the next working day. If you place your next day carriage order after 1pm on the last working day before a bank holiday or weekend then your order will be processed the next working day and delivered the day after.
Delivery address: Subject to clause 7.3, delivery will be completed when we deliver the Products to the address you gave us. Please note that we are only able to deliver to addresses within the United Kingdom.
Redeliveries: If no one is available at your address to take delivery, we will leave you a note notifying you of a redelivery date. Please note that you may be charged for redeliveries. Please refer to our Contact Us & Help [https://partner.shop.just-eat.com/contact-us-help] page.
Responsibility: The Products will be your responsibility from the completion of delivery.
Ownership: You own the Products once we have received payment in full, including all applicable delivery charges.
8. PRICE OF PRODUCTS AND DELIVERY CHARGE
Quoted prices: The prices of the Products will be as quoted on our Website. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 8.5 for what happens in this event.
Price changes: Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
VAT: Unless otherwise indicated, the price of a Product does not generally include VAT. Note that VAT (where applicable) will generally be added at the payment stage at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. This includes any promos.
Delivery charges: The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website or by our JUST EAT agent from time to time. To check relevant delivery charges, please refer to our Contact Us & Help [https://partner.shop.just-eat.com/contact-us-help] page.
Incorrect pricing: Our Website and the JUST EAT Shop each contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Product's correct price is less than the price stated on our Website or quoted by the JUST EAT agent, we will charge the lower amount and refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
if the Product's correct price is higher than the price stated on our Website or quoted by the JUST EAT agent, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing.
Promotions: From time to time we will run promotions on the Just Eat Webshop. Discounts will be applied at checkout. Just Eat reserves the right to remove promotions without notice.
9. HOW TO PAY FOR PRODUCTS
Orders: You can only pay for Website Orders of Products using a debit card or credit card as indicated on the Website. Please note that from time to time there may be delays in the processing of payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time you place your order.
Credits, vouchers and discounts: Please see our Credit/Voucher Terms and Conditions (below) for information regarding the application of credits, credit vouchers and promotional discounts to Orders.
Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
You must not misuse the Website (including by hacking or "scraping").
Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with clause 10.1 is prohibited.
You must not modify the digital or paper copies of any materials that you print off in accordance with clause 10.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
You must ensure that our status as the author of the material on the Website is always acknowledged.
You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
Limitation on use: Except as stated in clause 10.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
Reservation of rights: Any rights not expressly granted in these Terms are reserved.
11. SERVICE ACCESS
Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
Suspension of access: Access to the Website may be suspended temporarily, at any time, and without notice.
Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
12. LINKS TO AND FROM OTHER WEBSITES
Third party websites: Links to any third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
13. INTELLECTUAL PROPERTY RIGHTS
IPR Ownership: All Intellectual Property Rights (as defined below) in or arising out of or in connection with any Products or the Website shall be owned by JUST EAT and nothing in these Terms shall constitute a transfer of those Intellectual Property Rights to you.
Confirmation of non-infringement: You confirm irrevocably to each of JUST EAT and each of its JUST EAT Shop partners, agents, affiliates and subcontractors ("JUST EAT Agents") that your name, menu, logo and any other material that you may provide to JUST EAT and/or any JUST EAT Agents do not violate, infringe or conflict with Intellectual Property Rights of any third party.
IPR Indemnity: If a third party makes a claim against JUST EAT or any of the JUST EAT Agents for the violation of the third party's Intellectual Property Rights relating to your name, menu, logo and/or other material that you may provide to JUST EAT and/or any JUST EAT Agents, you shall fully indemnify and keep each of JUST EAT and such JUST EAT Agents indemnified against any claim of any nature and all costs resulting there from.
Definition of IPR: "Intellectual Property Rights" or "IPR" means: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
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 Service, 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.
Exclusion of terms: We provide you with access to the Website and Service 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 Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
No re-sale: We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.
General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), defective products under the Consumer Protection Act 1987, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
Exclusion of liability: Subject to clause 15.2, 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 Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Limitation of liability: Subject to clauses 15.2 and 15.3, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of any Products you order.
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.
Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service, in whole or in part (including for clarity the JUST EAT Shop), immediately by notifying you in writing (including by email) for any reason, in particular (but without limitation) if we believe in our sole discretion that:
you have used the Website in breach of clause 10.1 (License); or
you have breached any other material terms of these Terms.
Obligations upon termination: Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
17. WRITTEN COMMUNICATIONS
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 from the JUST EAT Shop, 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 or through other electronic means. 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.
18. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
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:
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; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these 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 Terms may be performed despite the Force Majeure Event.
19. ADDITIONAL TERMS
Severability: If any of these 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.
Entire agreement: These 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.
No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these 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.
Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
20. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
We are registered with the Information Commissioner’s Office (no. Z9368102) under the Data Protection Act 1998. By visiting and/or using the Service on the Website, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website or use the Service to make an Order from the JUST EAT Shop, you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (if any) you post to the Website and the e-mails or letters you send to us.
2. USE OF YOUR INFORMATION
We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
You agree that we may share your information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in clause 7 below and/or amending your profile accordingly.
3. DISCLOSURE OF YOUR INFORMATION
The information you provide to us will be transferred to and stored on our servers which may be in or outside the European Economic Area, and may be accessed by or given to our staff working outside the United Kingdom and third parties including companies within the JUST EAT group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this policy.
We may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in clause 7 below and/or by amending your profile accordingly.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Terms and any other agreement; or to protect our rights or the rights of any restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
The transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. ACCESSING AND UPDATING
You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in clause 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of ten pounds (£10.00) to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Just Eat.co.uk Ltd at Imperial Place (IP4), Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN, or by telephone to 0844 243 7777.
III. JUST EAT STORE CREDIT/VOUCHER TERMS & CONDITIONS
The following general terms and conditions (the "General Credit/Voucher Terms") will apply to all credits and vouchers issued by JUST EAT from time to time for use on the JUST EAT Shop, including credits ("Credits"), vouchers with a credit value ("Paycode Vouchers") and promotional discount vouchers ("Discount Vouchers", and together with Credits and Paycode Vouchers, "Credits/Vouchers").
Individual Credits/Vouchers will also be subject to, and the General Credit/Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Credit/Voucher Terms") that will be specified at the time the Credit/Voucher is issued.
Credits/Vouchers may only be redeemed towards the pre-VAT value of Orders from the JUST EAT Shop and, with the exception of Credits, cannot be applied towards standard shipping costs.
Credits must be used by the deadline specified at the time the Credit is issued by applying, or requesting the application of, the Credit during the Order checkout process, and will expire if not applied by this date. Unless otherwise provided or specified at the time the Credit is issued, any Credit must be used within three (3) months of the date on which the Credit is issued.
If the Order value is less than the Credit value, no change or cash will be given. However, any balance will be left as a credit in the restaurant’s/TM account.
If the Order value is more than the Credit value, the remaining balance must be paid in accordance with clause 9 of the Terms and Conditions of Use and Sale (above).
Paycode Vouchers must be used by the deadline specified on the Paycode Voucher and/or at the time the Paycode Voucher is issued by providing or entering the relevant voucher code ("Paycode Voucher Code"), and will expire if not applied by this date. Unless otherwise provided or specified in the Specific Credit/Voucher Terms, any Paycode Voucher must be used within three (3) months of the date on which the Paycode Voucher is issued.
If the Order value is less than the Paycode Voucher value, no change or cash will be given. If the Order value is more than the Paycode Voucher value, the remaining balance must be paid in accordance with clause 9 of the Terms and Conditions of Use and Sale (above).
Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorised or unauthorised manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.
Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by providing or entering the relevant voucher code ("Discount Voucher Code"), and will expire after such date.
In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.
Credits/Vouchers may only be used by restaurants on the JUST EAT online ordering platform at the time of the Order.
The right to use a Credit/Voucher is personal to the original recipient and may not be transferred. No Credit/Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Credits/Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
Unless otherwise provided or specified in the Specific Credit/Voucher Terms:
Credits/Vouchers may not be used in conjunction with other Credits/Vouchers or any other discounts or promotions provided or advertised from time to time;
each Credit/Voucher will be valid for use by a recipient only once;
each restaurant is limited to one Credit/Voucher per promotion or offer; and
the right to use a Credit/Voucher is personal to the original recipient and may not be transferred. Please also be aware that any BOGOF offer will have the discount added at checkout. This means that if you order one products on offer, you will only get one product. You will need to add two products and then you will see the discount added at checkout.
When you use a Credit/Voucher you warrant to us that you are the duly authorised recipient of the Credit/Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Credit/Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Credit/Voucher.
Credits/Vouchers may not be exchanged for cash.
We shall not be liable to you for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Credit/Voucher or any failure or inability on your part to use a Credit/Voucher for any reason.
We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Credits/Vouchers or to vary or terminate the operation of a Credit/Voucher at any time without notice.
All standard terms and conditions from time to time for use of the Website and the Service apply.
Covid Support Package Store Credit Terms
Bunzl Catering Supplies - 3rd Party Order Fulfilment
1. Orders of Bunzl products are fulfilled by Bunzl Catering Supplies, and Just Eat are not liable for any issues that may occur with the supply and delivery of these products.
2. Deliveries will be made from a Bunzl Catering Supplies warehouse, Monday to Friday, 7am to 5pm excluding weekends and public holidays.
3. Orders to be placed via Just Eat website only.
4. Customers must be logged in to get 20% reduced prices on Bunzl products and also use any vouchers associated with Bunzl products.
5. Promotions will have start and end dates and may be changed without notice
6. Free standard delivery (3-6 days) on orders £75 and over (excluding VAT, after discounts applied).
7. Delivery for orders under £75 (excluding VAT, after discounts applied) is £15 (excluding VAT).
8. Next day delivery (if ordered before 1pm) is £15 (excluding VAT).
9. Bunzl Catering Supplies do not deliver to anywhere outside of mainland United Kingdom.
10. Deliveries received outside of these hours will not be processed and acknowledged until the next working day. Please note we do not operate on bank holidays or weekends. Any next day carriage orders placed before 1pm on the last working before a bank holiday or weekend will be delivered on the next working day. If you place your next day carriage order after 1pm on the last working day before a bank holiday or weekend then your order will be processed the next working day and delivered the day after.
11. All prices on the Just Eat Shop website exclude VAT including delivery costs.
12. A representative of the restaurant will be required to sign a Proof of Delivery to show acceptance of the goods at the time of delivery. By signing the Proof of Delivery, the restaurant acknowledges that the Goods listed on the Proof of Delivery have been received in full and are free of defects.
13. No goods shall be returned to Bunzl unless they are damaged, faulty, defective, or the incorrect product has been delivered unless otherwise agreed by exception with Bunzl. In this instance a restocking fee of 20% of the value of the products will be incurred for any products returned by the restaurant ordered in error.
14. For any issues regarding your order please contact our Customer Services telephone line at 0345 561 0156 or e-mail us at firstname.lastname@example.org.
15. We will endeavour to replace any damaged or missing items will be replaced the next day if stock is available and if we are notified before 11am.
16. We will endeavour to resend any missing full deliveries within 48 hours if no proof of delivery can be provided.
17. We will endeavour to cancel any orders or products that wish to be cancelled if notified before 11am on the day of order. After this we are unable to cancel or amend.
McCain SureCrisp™ Rewards Club
Please read these terms and conditions carefully. By registering for the Scheme, the Just Eat Restaurant Partner is deemed to have read, understood and accepted these terms and conditions.
The title of the promotion is McCain SureCrisp™ Rewards Club (the “Scheme”) and is operated by McCain Foods (GB) Ltd (Company number: 00733218) registered office Havers Hill, Eastfield, Scarborough, North Yorkshire, YO11 3BS (the ‘Promoter’), in partnership with JUST EAT.CO.UK LTD (Company number: 046563315),Fleet Place House, 2 Fleet Place, London, EC4M 7RF (‘’JUST EAT’’).
ELIGIBILITY AND PARTICIPATING PRODUCTS
1. The Scheme is only open to independently owned catering establishments, operating as an active Just Eat Restaurant Partner within the UK (excluding Northern Ireland, The Isle of Man and the Channel Islands).
2. Entry is not open to: (i) employees of Just Eat Restaurant Partners on behalf their employer aged under the age of 18 (ii) national chains with 20 retail outlets or more; (iii) any employee, director, member, agent or consultant of The Promoter or their immediate family members, advertising agencies, advisors, dealers and suppliers identified by the trademarks owned by or licenced to McCain Foods Company, and McCain Foods (GB) Ltd, its wholesalers and distributors, affiliates, and/or associated companies or any person who directly or indirectly controls or is controlled by The Promoter. In entering the Scheme, the Just Eat Restaurant Partner confirms that it is eligible to do so and eligible to claim Rewards. The Promoter may require the Just Eat Restaurant Partner to provide proof that it is eligible to enter the Scheme. Entries to the Scheme made on behalf of another person will not be accepted and joint submissions are not allowed. The Promoter may require any information that it considers reasonably necessary in order to verify a Just Eat Restaurant Partner’s eligibility to enter the Scheme and reserve the ability to withhold McCain SureCrisp™ Rewards on the basis that a Just Eat Restaurant Partner does not meet the eligibility criteria.
3. As a condition of entry employees who enter the Scheme on behalf of a Just Eat Restaurant Partner business must seek business owner’s permission to enter and evidence of such permission may be required. A registered McCain SureCrisp™ Rewards Account is allocated to participating trading entity not to named individuals.
4. The value of the Just Eat Webshop vouchers (“McCain SureCrisp™ Rewards”) will be allocated per account, based on monthly purchases of participating products on the Scheme.
5. Photos or PDFs of DELIVERY notes must be uploaded to Just Eat Restaurant Partner account on the Just Eat Shop. These will be manually verified and value of the vouchers awarded accordingly. The Promoter will undertake the manual verification.
6. Internet access is required to join the Scheme.
7. Purchase is necessary to enter the Scheme.
REGISTRATION & HOW TO PARTICIPATE:
8. Participants may join the scheme by registering on https://partner.shop.just-eat.com/ or by scanning the QR code on a case or bag of participating McCain SureCrisp™ products. Complete the registration process by entering your name, email address, business address, business postcode, contact number and chosen password and all other required fields in order to become “McCain SureCrisp™ Rewards Club Members”. Responsibility is not accepted for any inaccuracies in the information supplied by the Just Eat Restaurant Partner when providing their details.
9. Upload delivery notes for participating products to the Just Eat Webshop in accordance to the instructions on the Just Eat Webshop.
10. Hand written delivery notes will not be accepted as proof of purchase or delivery.
11. Just Eat Restaurant Partners must purchase the qualifying products and retain the applicable delivery note for qualifying products and upload the same to the Just Eat Webshop. Details for the participating products can be found under section called “Participating Products.”
12. The Promoter will not be responsible and the Just Eat Restaurant Partner will not be entitled to McCain SureCrisp™ Rewards if the applicable delivery note is uploaded incorrectly or is illegible. The Promoter will not accept delivery notes which are incomplete.
13. To claim Just Eat Webshop credits Just Eat Restaurant Partners can only upload delivery notes within the start and end date of the Scheme; up to 3 months from the date of delivery. Claims will be paid out on delivery notes uploaded in the current month to be paid at the end said month (e.g. All uploaded invoices from November 2019, to be paid on the last day of the month, at the end of November 2019). Just Eat Restaurant Partners must also be an active partner on the Just Eat Restaurant estate on the last day of each month as invoices will be paid at the end of each month in order to be eligible for payment. The same delivery note may not be uploaded to the Just Eat Web Shop more than once. Just Eat Restaurant Partners may only upload delivery notes with a delivery date following their date of registration. Payment will be made at end of each month.
14. The Start Date for the Scheme is 1 November 2019. The Closing Date for the Scheme is 30th November 2020. Just Eat Restaurant Partners can start claiming rewards from the date of registration to 30th November 2020. By registering as a member of McCain Surecrisp™ Rewards Club, Just Eat Restaurant Partners agree to provide up-to-date and accurate information to the Promoter for the purposes of administering the Scheme at all times.
15. Each Member will have an account on the Just Eat Webshop where McCain SureCrisp™ Rewards will be accrued. There will be 1 McCain SureCrisp™ Rewards Account per Member, but members can request for The Promoter to create 1 account for multiple retail outlets if they are owned by the same legal entity by contacting Promoter at email@example.com. Creating a joint account is at the sole discretion of Promoter and no correspondence shall be entered into.
In order to claim Just Eat Webshop credits, Just Eat Restaurant partners agree to change the naming convention on menu to SURECRISP™ Fries.
16. The following products will be known as “Participating Products:”
• 1000007650 – McCain SureCrisp(tm) Julienne Fries 4x2.27kg
• 1000007651 – McCain SureCrisp(tm) 3/8 Thin Cut Fries 4x2.27kg
17. The Promoter may run events where “participating products” can be added or removed temporarily or Just Eat Restaurant Partners are able to increase or multiply the number of McCain SureCrisp™ Rewards they can claim when they purchase the Participating Products during the period and in the circumstances specified. Additional events will be run at the discretion of the Promoter. Participating Products specified in clause 16 will be provided at all times as a minimum. The Promoter shall give reasonable notice of any additions or changes to the Participating Products. Additional terms may apply.
18. Full cases need to be purchased on all fries to qualify for McCain SureCrisp™ Rewards. POINTS ALLOCATION:
19. McCain SureCrisp™ Reward will be allocated for all purchases made of the Participating Products.
20. McCain SureCrisp ™ Reward will be awarded within 3 working days from the day the approval delivery note is uploaded specified in Clause 13, during the period of the promotion.
21. McCain SureCrisp ™ Rewards collected during the active month of the promotion will be paid out at the end of said month. Just Eat Restaurant Partners need to be active members of the Just Eat restaurant partner estate to claim. All McCain SureCrisp™ Rewards will be paid on the last day of the month on the Closing Date (30 November 2020).
22. The collection of McCain Rewards Points starts immediately from 1 November 2019.
23. In accordance to Clause 15, Just Eat Restaurant Partners can nominate up to three McCain SureCrisp™ Rewards Club Accounts to collect points against purchases. The participating wholesaler account numbers will be required and consolidated into one McCain SureCrisp™ Rewards Account and all McCain SureCrisp™ Rewards earned will accrue under one McCain Rewards Account for the active month.
24. If, at any given time, the Just Eat Restaurant Partner chooses to remove or replace a nominated participating wholesaler account number from the McCain Rewards Account, the removed account will no longer be eligible to accrue points.
25. In order to redeem McCain SureCrisp™ Rewards, you must be an active member of the Just Eat Restaurant Partner estate. Membership in McCain SureCrisp™ Rewards Club is free.
26. Following registration, Members will be able to accrue the value of the McCain SureCrisp™ Rewards within the current month. The balances of McCain SureCrisp ™ Rewards are available to Members when they log onto the Just Eat Webshop https://partner.shop.just-eat.com/.
27. McCain SureCrisp ™ Rewards have no cash value and cannot be exchanged for cash. The selling or exchange of McCain SureCrisp™ Rewards is strictly forbidden and will result in Just Eat Restaurant Partner’s removal from the Scheme without notice.
28. A Just Eat Restaurant Partner cannot make part payment towards rewards on the Scheme and no currency, other than McCain SureCrisp™ Rewards, will be accepted.
29. If you have problems redeeming your McCain SureCrisp™ Rewards please contact firstname.lastname@example.org.
30. The Promoter reserves the right at any time to add, modify or limit the McCain SureCrisp™ Rewards offered on the Scheme if circumstances make this necessary.
31. The Promoter reserves the right at any time providing at least one month notice is given, to add, modify or limit the McCain SureCrisp™ Rewards offered.
32. All McCain SureCrisp™ Rewards are subject to the terms and conditions of the third party supplier of the reward i.e. JUST EAT.CO.UK LTD
33. The Promoter reserves the right to offer an alternative reward of equal or greater value if circumstances beyond the Promoter’s control make this necessary.
34. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate you or accept any liability for any loss, damage, personal injury or death occurring as a result of claiming or receiving the benefit of the Voucher except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
35. McCain SureCrisp™ Rewards can only be redeemed against the equivalent number of McCain SureCrisp™ cases purchased
36. Once paid, Just Eat Restaurant Partners will receive an email confirmation of the McCain SureCrisp™ Reward payment and their new McCain Rewards Points balance to the email address they have provided.
37. McCain SureCrisp™ Rewards (Just Eat Webshop voucher code in the form of an email) will be sent on the last day of each month.
38. The Voucher can be redeemed in accordance with the applicable terms and conditions of the retailer (i.e. JUST EAT.CO.UK LTD) which has issued the voucher, by accepting a voucher the member agrees to any terms and conditions applicable to use of the Voucher including any terms and conditions of sale from Amazon.
LIMITATIONS OF LIABILITY
39. Other than for death or personal injury arising from negligence of the Promoter or for fraudulent misrepresentation by the Promoter, and so far as is permitted by law, the Promoter hereby excludes all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Scheme or any aspect of a McCain SureCrisp™ Rewards Club. In no circumstances shall the Promoter be liable for any loss or profits, depletion of goodwill, loss of business or management time. 40. Other than for death or personal injury arising from negligence of the Promoter or for fraudulent misrepresentation by the Promoter, and so far as is permitted by law, neither the Promoter, its employees nor its agents or subcontractors assume any responsibility or liability for:
a) Any incorrect or inaccurate McCain SureCrisp™ Rewards entry, or for any faulty or failed electronic data transmissions.
b) Any unauthorized access to, or alteration of McCain SureCrisp™ Rewards at any point in the operation of this Scheme.
c) Any system failures on the Just Eat Webshop.
d) Any failure to fulfil obligations of any third parties involved in this Scheme, although we will endeavour to minimise the effect to the participant of such failure.
e) Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this Scheme.
f) Inaccessibility or unavailability of the internet or The Scheme Web App or any combination thereof through dial up, broadband or mobile internet.
g) liability arising from receipt, use or ownership of the voucher or goods purchased using the voucher
41. The sale or barter of McCain SureCrisp™ Reward Points is strictly prohibited.
42. Membership will terminate immediately in the event of a Just Eat Restaurant Partner’s death or insolvency. Just Eat Restaurant Partner accounts and McCain SureCrisp™ Rewards balance are not transferable upon death upon winding up or otherwise by operation of law.
43. Just Eat Restaurant Partners can choose to leave the Scheme at any time. By leaving the Scheme members forfeit the right to any McCain SureCrisp™ Rewards already accrued or issued. The Member's account will be closed within 30 days. Further communication between the Promoter and the Just Eat Restaurant Partner will also end.
44. The Promoter may from time to time adjust Just Eat Restaurant Partner’s accounts upwards or downwards in respect of accounting errors or suspected fraud, for which The Promoter has full authority in its absolute and sole discretion.
45. Subject to clause 15, only one McCain SureCrisp™ Rewards Account is permitted per retail outlet and accounts created using automated devices or processes are not allowed. The Promoter reserves the right, in its absolute and sole discretion, to remove a Just Eat Restaurant Partner from the Scheme where multiple accounts are suspected, at which time any accrued McCain Rewards Points balance will be null and void.
46. The Promoter reserves the right, in its absolute and sole discretion, to remove a Just Eat Restaurant Partner from the Scheme where it is felt that the Just Eat Restaurant Partner concerned could be misusing the Scheme and/or the Scheme Web App in breach of these Terms and Conditions. Any McCain SureCrisp™ Rewards accrued or issued at the date of removal will be forfeited.
47. Just Eat Restaurant Partner are responsible for ensuring that their login details remain confidential to them so as to protect against any unauthorized use of their account. The Promoter shall not be liable for any loss, damage or consequential damage of any nature in contract, tort (including negligence) or otherwise caused by such unauthorized use of a Member's account (to the extent permissible by law).
48. The Promoter reserves the right at its absolute and sole discretion to withhold the McCain SureCrisp™ Rewards redeemed by any Member or individual found to be tampering with the redemption process or the operation of the Scheme and/or the Just Eat Webshop.
49. The Promoter makes no warranty in relation to the Just Eat Webshop vouchers supplied by JUST EAT.CO.UK LTD. The Promoter is not responsible for any guarantees, warranties and/or representations (if any) made by JUST EAT.CO.UK LTD and accepts no liability arising from receipt, use or ownership of the voucher or goods purchased using the voucher.
50. A Just Eat Restaurant Partner shall be responsible for any tax implications or payment of tax that may arise as a result of joining the Scheme.
51. Responsibility is not accepted for Just Eat Webshop vouchers lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.
52. The Promoter's decision regarding all matters relating to the Scheme is final.
53. The Promoter reserves the right to amend these Terms and Conditions at any time upon reasonable notice given to its Just Eat Restaurant Partners if circumstances beyond the Promoter’s control make this necessary or unavoidable.
54. The Promoter reserves the right to alter, withdraw, terminate or cancel the Scheme at any time upon reasonable notice given to Just Eat Restaurant Partners.
55. In the event of withdrawal, termination or cancellation, a Just Eat Restaurant Partner will have 30 days from the notice date of the termination to redeem any McCain SureCrisp™ Rewards that were held in their accounts prior to the notice date of the termination in accordance with these Terms and Conditions (the “Termination Period”). Unless specified otherwise, no additional McCain SureCrisp™ Rewards Points will be able to be accrued during the Termination Period.
56. The Promoter will make every effort to communicate to all Just Eat Restaurant Partners the Termination Period, however The Promoter will not be held responsible for failing to notify any individual Just Eat Restaurant Partners regardless of the reason.
57. Where the Terms and Conditions of the Scheme are amended, any amendments shall be effective upon posting the modified Terms and Conditions at www.mccainrewardsclub.co.uk/surecrisp and notifying Members via the Web Shop or via email. Just Eat Restaurant Partners will be asked to agree to the updated Terms and Conditions in order to remain on the Scheme.
58. Amendments will be explained at the top of these Terms and Conditions and the most current version shall prevail.
59. By registering to become a Member of and/or using the Scheme, all participants will be deemed to have accepted and be bound by these Terms and Conditions and consent to the transfer of their personal data to the Data Controller, for the purposes of the administration of this Scheme, including latest offers available under the Scheme and any other purposes to which the entrant has consented. All registration instructions form part of the Scheme Terms and Conditions. The Promoter will always communicate responsibly under Data protection legislation and other self-regulatory restrictions.
61. The Promoter shall not be liable for any loss, damage or consequential damage of any nature in contract, tort (including negligence) caused by acceptance of the terms and conditions or in connection with the Scheme (to the extent permissible by law).
62. In the event that any provision of these terms and conditions is held to be unlawful, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions of these terms and conditions which shall continue in full force and effect.
63. These Terms and Conditions and any issues or disputes which may arise out of or in connection with these Terms and Conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law. Participants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.
64. All promotion entries and any accompanying material submitted to The Promoter will become The Promoter’s property on receipt and will not be returned to the Just Eat Restaurant Partner.
Urban Foodservice Trading Terms
“We,” “Us” means Urban Foodservice (a business unit of BFS Group Limited, a company registered In England, reg no. 00239718, registered office 814 Leigh Road, Slough SL1 4BD).
“You,” “Your” means our customer placing the order with us.
Please read these Trading Terms and Conditions carefully before using Urban Foodservice. By using our website: www.urbanfoodservice.co.uk and/or placing orders with Urban Foodservice, you confirm your agreement to be bound by these conditions.
We are an urban-based foodservice distributor stocking 1000s of food and non-food products as well as snacks and beverages (including beers, spirits and wines) for sale within the UK. We are intended for businesses only i.e. you must be a business to order from us and the person placing the order must be an adult (18 years of age or over).
Before you can order from us, you will need to register for an account with Urban Foodservice. Our customer services team is available to help you do this or you can register online. You are responsible for keeping your log-in details including your password safe and confidential.
Unless you have a credit facility with us or you have opted to make payment by Cash-on-Delivery (CoD), you will be asked also to provide your credit / debit card details for payment at the time of ordering. When you place your order with Urban Foodservice, you offer to buy the product(s) in your order from Urban Foodservice. We will acknowledge receipt of your order (and its details) by email this is simply our acknowledgment of having received your order; it does not confirm acceptance of your offer to buy the product(s) ordered. We accept your offer and conclude our contract of sale when we despatch goods from our warehouse and we will send you an email confirming this (at this point you will be obligated to take delivery of the goods you have ordered). Where you do not have a credit facility or have not opted for CoD we will take your payment from your debit/credit card when you confirm receipt of goods at the time of delivery by signing on a handheld device when requested by our driver.
If we do provide you with a credit facility, we may suspend supply and/or withdraw and/or change your payment terms: (a) immediately if you suffer any insolvency event; ((b) on giving 7 days’ notice to you if there is an adverse change in your credit rating; (c) if credit insurance held by us in respect of your account with us is reduced, withdrawn or ceases to be available at reasonable commercial rates.
About your order
Orders are accepted subject to availability of the product(s) from the manufacturer. Whilst we make every effort to ensure that pack sizes shown are accurate, manufacturers may change their pack sizes. If there is a change to the size shown we reserve the right to remove the affected product line from your order. The minimum order value for Urban Foodservice products is £75 ex VAT.
Orders must be placed by 3pm for next day delivery.
Prices will be fixed at the time your order is placed. VAT will be charged in addition at the applicable rate. We try to ensure that all advertised pricing is accurate. Errors, however, may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
To take advantage of any promotion, your order date must be between the advertised effective dates of the promotion. Promotions are subject to stock availability and may be withdrawn at any time. Any rebates/discounts shall not apply to products on promotions. Individual promotions may not be combined with each other or with other discount offers.
Delivering your order
Delivery will be to the address that you give to us when you place your order. We will make the delivery only to an adult (18 years of age or over). The delivery date and time which we arrange with you, are approximate only and other than as is set out at “Our Liability” we will not be liable for any cancelled or delayed delivery. You must ensure that there is suitable access for our delivery vehicle and an adult at the delivery address to provide a signature for receipt of the goods of the delivery during the agreed date and time. We are unable to deliver goods to you unless you provide a signature in receipt and full payment for all goods received.
All risks in the product(s) will pass to you on delivery. It is your responsibility alone to store the goods safely, legally and correctly when they delivered to you. Ownership of the products(s) delivered will remain with us until our receipt of full payment from you of all sums outstanding to us.
Please check your delivery with our driver as shortages and damages must be identified at the time of delivery to ensure your invoice and payment is recalculated correctly and prior to confirmation of signed delivery by you. In the event of product being found to be damaged after delivery, any claims for a refund must be bought to our attention within 48 hours of receiving the goods for a claim to be valid. If your claim is accepted, you may either be posted a signed and stamped credit note for all CoD orders, credit facility customers will see the credit on their next monthly statement and for all card payments, a refund to your credit/debit card. The card refund will be to the credit/debit card used when you placed the relevant order.
Please note no frozen goods can be collected on any occasion. No credit will be issued for any incorrect frozen products if you have signed for the goods, as any keying errors or customer errors must be mentioned at time of delivery when you check the goods in and returned with your driver.
All goods offered for sale are warranted to be of the nature, substance and quality described and to comply with all statutory requirements from time to time in force relating to the sale of food (so far as applicable to such goods). We endeavour to ensure that all dated stock has an optimum remaining life when we sell it to you. Please check the durability dates (“Best Before” or a “Use By Statement”) at time delivery as we are unable to accept returned products relating to date coding after the time of delivery.
We accept unlimited liability for personal injury or death arising from our negligence and for all other matters for which it is unlawful for us to limit our liability under English law. We will not be liable to you whether in contract, tort (including negligence) or breach of statutory duty for any: (a) loss of profit, loss of business or business opportunity, loss of contract, loss of goodwill, management time; or (b) any special, indirect or consequential loss. Other than this, our liability arising out of any order by you for the supply of goods to you will be limited to the price of the goods in that order.
We do not accept liability for any failure to perform or delay in performance caused by events outside of our reasonable control (such as strikes, trade disputes, accident, breakdowns, shortages affecting us or our usual sources of supply or our means of delivery of the goods).
Copyright and all other intellectual property rights in the products shown in our lists (including in any images or product data) shall remain at all times our property and you will not acquire any rights in the products except as is expressly provided in these trading terms.
The contract and any claims arising in connection with it shall be governed by English law and any dispute between us will be resolved in the English courts.
Privacy/your telephone calls
We may change these terms at any time. Any such changes will take effect when notified to you but will not affect any of your orders that we have accepted before such notification. It is your responsibility to check for the up to date trading terms.
* Photographs are for illustration purposes only.
* Always refer to the product packaging for information on its contents.
* We do not warrant information provided by third party manufacturers.
BRAKES TERMS AND CONDITIONS
In these terms and conditions:
1.1. “Company” means Brake Bros Limited.
1.2. “Contract” means the contract between the Company and the Customer for the sale and purchase of the Products in accordance with these Terms and Conditions.
1.3. “Customer” means any person, firm, company or other legal entity which places an order, or buys any Products from the Company.
1.4. “Delisted Date” means the date from when the Company shall cease to deliver a Delisted Product.
1.5. “Delisted Product” means a Nominated Product that the Customer no longer requires.
1.6. “Equipment” means any machine or equipment.
1.7. “Food” means any food or beverage.
1.8. “Listed Product” means a Product which is part of the Company’s standard range of products which is available for purchase by all Customers and which are publicised as being for sale on the Company’s website and/or in their printed publications.
1.9. “Nominated and Sourced Product Form” means the Nominated and Sourced Product Form of the Company from time to time.
1.10. “Nominated Product” means a Product that is not sourced by the Company and which does not form part of the Company’s range of listed Products, but which at the request of the Customer the Company has agreed to purchase from the supplier thereof and supply to the Customer.
1.11. “Non-Food” means any goods which are not Food or Equipment.
1.12. “Products” means any Food and/or Equipment and/or Non-Food agreed in the Contract to be supplied by the Company to the Customer.
1.13. “Sourced Product” means a Product that has been sourced by the Company to fulfil a specific requirement of the Customer and which is not one of the Company’s Listed Products (for example, vendor branded products which are not Nominated Products).
1.14. “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998 as amended & supplemented by the Late Payment of Commercial Debts Regulations 2002.
1.15. “Terms and Conditions” means these terms and conditions of sale as may be amended by the Company from time to time without notice.
2. APPLICABILITY OF TERMS AND CONDITIONS
These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the Customer or implied by trade, custom or practice or course of dealing. Other purported terms and conditions which the Customer seeks to impose or incorporate are expressly rejected by the Company.
3. ORDERS AND CONTRACTS
3.1. By placing an order with the Company either via the Company’s telesales department, the Company’s website or otherwise, the Customer is offering to purchase the Products in accordance with these Terms and Conditions. The Contract shall be formed when the Company acknowledges acceptance of the Customer’s order or commences delivery of the Products to the Customer, whichever occurs earlier.
3.2. Each Order shall be subject to a minimum value of
3.3. The Customer is responsible for ensuring that the terms of any order are complete and accurate.
3.4. No pricing made available to the Customer in any way shall constitute an offer and the Company may amend its prices at any time.
3.5. Price is exclusive of any sales, processing, excise, value added or other taxes, duties or levies (collectively, “Taxes”), and such Taxes shall be added to the price of the Product on the related invoice and paid by the Customer.
3.6. Price is inclusive of delivery of the Products by the Company to such address as is agreed by the Company, but does not include carriage and packing on special or urgent deliveries requested by the Customer, or on orders of a non-routine nature.
3.7. The Contract is subject to availability of stock and the Company reserves the right to vary or alter the specification of Products without notice unless otherwise agreed in writing with the Customer.
3.8. The Contract constitutes the entire agreement between the parties and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by, or on behalf of, the Company which is not set out in the Contract.
3.9. Any drawings, descriptions or serving suggestions contained in the Company’s catalogues, brochures or sales material (including ‘The List’) or on the Company’s website are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract or have any contractual force.
4. TITLE & RISK
4.1. Subject to Condition 4.2, the risk of loss or damage to the Products shall pass to the Customer on completion of delivery, in accordance with Condition 6.3.
4.2. The Company shall not be responsible for any loss or damage to the Products which is caused due to the condition of the Delivery Location or any act, default or omission of the Customer or its representatives.
4.3. Title in the Products shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to the Company from the Customer on any account.
4.4. Until title passes to the Customer, the Customer shall hold the Products on a fiduciary basis as the Company’s bailee; store the Products separately from all other products in such a way that they are clearly identifiable as the property of the Company; maintain the Products in a satisfactory condition; keep the Products insured on the Company’s behalf for their full price against all risks; and notify the Company immediately if it becomes subject to any of the events listed in Condition 9, but the Customer may resell or use the Products in the ordinary course of its business.
4.5. If before title in the Products passes to the Customer the Customer becomes subject to any of the events listed in Condition 9 or the Company reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Products are stored, in order to recover them.
5. PAYMENT TERMS
5.1. Where credit is granted, unless otherwise agreed in writing, all sums payable in respect of the Products must be paid without deductions within 14 days from the end of the calendar month in which the invoice was raised.
5.2. Failure to pay by the due date shall entitle the Company to suspend delivery of all unexecuted or future orders. The time for payment of the price of the Products shall be of the essence.
5.3. The Company reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.
5.4. If payment is not made in accordance with this Condition, the Company reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer. In addition each overdue invoice will attract a late payment compensation fee of £40.
5.5. In the event of any cheques, standing orders or direct debits due from a Customer to the Company being dishonoured, a charge of £45 (or such other sum as the Company may from time to time advise the Customer) will be made on the Customer’s account to cover bank and administrative costs.
5.6. The Company reserves the right in its absolute discretion to refuse to grant credit and in the event the Customer enters into an insolvency arrangement or the Customer’s credit rating or financial standing deteriorates in a way that presents a credit risk, the Company may remove any credit terms previously agreed with the Customer and (without prejudice to any other rights that the Company may be entitled to) impose new payment terms, including payment on delivery.
5.7. The Company may, at any time, without limiting any other rights or remedies it may have, set-off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
6.1. Deliveries of Products to the Customer shall be in accordance with the Company’s delivery schedule. The Company shall not be liable for any loss or damage whatsoever arising as a result of a delay or failure to deliver Products by a particular date or arising as a result of any cause beyond the Company’s control, including any force majeure event or the Customer’s failure to provide adequate delivery instructions. Time for delivery shall not be of the essence.
6.2. Delivery of Products shall be made by the Company to a reasonably accessible location at the Customer’s premises, or as otherwise agreed between the parties (“the Delivery Location”). The Customer shall allow the Company access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place of delivery to take delivery of the Products and to sign for them. If such a person is not present at the time of delivery the Customer hereby consents to the Company leaving the Products at what appear to be the premises nominated by the Customer as the place of delivery, and when the Products are so left, risk in the Products shall pass to the Customer and no liability shall remain with the Company in respect of the Products.
6.3. Delivery of the Products shall be completed once the Products are unloaded at the Delivery Location.
6.4. If the Customer fails to take delivery or fails to give the Company adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Company, the Company may do one or more of the following:
6.4.1. charge the Customer the cost of carriage of the refused delivery both to and from the Delivery Location in addition to the Company’s administration charges involved;
6.4.2. charge the Customer the full cost price of the Products and a sum in respect of its loss of profit provided that the Company shall use its reasonable endeavours to mitigate such loss;
6.4.3. where the delivery includes Equipment, store the Equipment until actual delivery and charge the Customer for the reasonable cost of storage (including insurance);
6.4.4. sell the Equipment and charge the Customer for any shortfall below the price under the Contract.
6.5. If the Customer fails to take delivery or fails to give the Company adequate delivery instructions at the time stated for delivery, the Customer shall not be entitled to refuse to accept redelivery after the estimated date for delivery by reason of the consequent failure of those Products to meet any shelf-life requirement or otherwise.
6.6. The Company may deliver the Products by instalments, which shall be invoiced separately. Any delay in delivery shall not entitle the Customer to cancel any order or any instalment.
7. ACCEPTANCE AND CLAIMS PROCEDURE
7.1. The Customer must check that the quantity and specifications of Products delivered correspond with the Contract before signature of the delivery note.
7.2. Claims in respect of short deliveries or damage to Products reasonably visible on inspection must be made to the Company within 24 hours of the time of the delivery which gives rise to the claim. The Customer must retain damaged Products for inspection and collection. Credit will only be granted by the Company if the provisions of this Condition are complied with.
8. CANCELLATION OF AN ORDER
An order may not be cancelled by the Customer without the written consent of the Company. The Company reserves the right upon consent being given to levy a cancellation charge of not less than 20% of the Products which are the subject of the order (or orders) to cover the Company’s losses arising from the cancellation. Nominated Products and Sourced Products ordered on behalf of the Customer cannot be returned, unless the manufacturer agrees to accept them. Where this is not the case the Customer shall purchase all such Nominated Products and Sourced Products from the Company within 14 days.
9. INSOLVENCY OF CUSTOMER
In the event that:
9.1. the Customer makes any voluntary arrangement with its creditors, proposes to enter into a company voluntary arrangement, enters into administration, is unable to pay its debts as they fall due, makes application to a Court to suspend enforcement action against it, goes into liquidation (in the event that the Customer is a company) or becomes insolvent, enters into a trust deed or voluntary arrangement for the benefit of its creditors (in the event that the Customer is an individual or firm), or if the equivalent occurs under any jurisdiction; or
9.2. an encumbrancer takes possession of, or a receiver or administrative receiver is appointed over, any of the property or assets of the Customer; or
9.3. the Customer suspends any payments hereunder or ceases, or threatens to cease, to carry on business; or
9.4. the Company reasonably considers that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly; then without prejudice to any other rights or remedies available to the Company, the Company shall be entitled forthwith to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Products have been delivered but not paid for, the price shall become immediately payable notwithstanding any previous agreement to the contrary.
10.1. The Company warrants that all Food Products (with the exception of Nominated Products in respect of which the Company’s complete responsibility is set out in Condition 13) shall comply with the Food Safety Act 1990 and all relevant UK legislation from time to time in force. The Company warrants that all Non-Food Products (with the exception of Nominated Products in respect of which the Company’s complete responsibility is set out in Condition 13) shall comply with all relevant UK legislation from time to time in force.
10.2. The Company gives no warranties in respect of the Equipment. The Company will, to the extent that it is able, at the sole cost and expense of the Customer, assign or make available to the Customer the benefit of any warranties or guarantees relating to the Equipment obtained from the manufacturer thereof.
10.3. The Customer shall ensure that no Food it purchases from the Company is sold (or otherwise distributed) after any ‘best-before’ or ‘use-by’ dates included on the Products or their packaging. To the extent any Food is sold (or otherwise distributed) by the Customer after any such date, it shall be at the Customer’s sole risk, and the Customer shall compensate and hold the Company harmless against any losses, claims, expenses or damages it incurs howsoever relating to the same.
11. LIMITATION OF THE COMPANY’S LIABILITY
11.1. Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for: (i) death or personal injury caused by the Company’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other matter in respect of which it would be unlawful for the Company to exclude or limit liability.
11.2. Subject to Condition 11.1 and 11.3:
11.2.1. the Company shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence) or otherwise, for any loss of profit, loss of opportunity, loss of customers, loss of reputation or any indirect or consequential loss arising under or in connection with the Contract;
11.2.2. in respect of damaged or otherwise defective Products, the Company’s liability shall be limited to replacing the whole or any part of the respective Product or, at the Company’s option, refunding or crediting the purchase price or a prorated portion of the purchase price;
11.2.3. in all other circumstances, the Company’s total liability to the Customer in respect of all other losses arising under or in connection with a Contract shall in no circumstances exceed the value of the order to which the Contract relates.
11.3. Subject to Condition 11.1, the Company shall not be liable for any losses, expenses, claims or damages suffered or incurred by the Customer (or any third party):
11.3.1. to the extent they arise as a consequence of any damage or defect in a Product which was caused by its unsatisfactory storage, treatment or handling (other than by the Company or its representatives) or any act or omission on the part of the Customer or its employees, agents or representatives;
11.3.2. relating to damaged or defective Products where the damage or defect ought reasonably to have been noticeable at the time of delivery, and the damage or defect is not reported to the Company in accordance with Condition 7;
11.3.3. claims not notified to the Company within 3 months of the respective invoice (or, if later, when the Customer became aware, or ought reasonably to have become aware, of the claim).
12. INTELLECTUAL PROPERTY
12.1. Copyright and all other intellectual property rights in the Products shall remain at all times the property of the Company. The Customer shall acquire no rights in the Products except as expressly provided for in these Terms and Conditions.
12.2. The Customer may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Company websites. The Customer may not use the Company websites or their content for any commercial purpose (including the collection and use of any listings, descriptions, or prices), make any derivative or commercially exploitative use of the websites or their content, download or copy account information, use any data mining, robots or similar data gathering and extraction tools without the explicit written consent of the company. Any unauthorised use terminates any permissions granted.
13. NOMINATED PRODUCTS
In the event that any of the Products to be supplied under the Contract are Nominated Products, the Customer shall be required to complete a Nominated and Sourced Product Form and the following additional provisions shall apply:
13.1. The Customer shall be responsible for agreeing directly with the suppliers of Nominated Products all matters concerning Nominated Products including the specification and delivery conditions. The Company shall have no responsibility for the selection of any supplier of Nominated Products or for their performance. The Customer shall provide the Company with full details of all suppliers of Nominated Products in order for the Company to fulfil its obligations under the Contract. The Customer shall be responsible for forecasting its requirements for any new Nominated Products for the first 6 weeks.
13.2. Where the Company has agreed to purchase Nominated Products, the Company shall purchase Nominated Products from suppliers at the price agreed with the suppliers by the Customer and on the basis of the Company’s terms and conditions of purchase from time to time in force. Subject to the Customer accurately providing all the required information to the Company on a Nominated and Sourced Product Form, the Company shall endeavour to set up new Nominated Products within 28 days of receiving a completed Nominated and Sourced Product Form. For the avoidance of doubt, once set up the Company shall be able to place orders with the nominated supplier and begin to arrange for stock to be brought into its network. The Customer shall provide the Company with a price file for each supplier of a Nominated Product showing the relevant cost. Any variation to the cost price of Nominated Products will only be accepted by the Company on submission of an agreed price change form from the Customer and with a minimum of 14 days’ notice.
13.3. If the Customer no longer requires any particular Nominated Product (a “Delisted Product”), it shall give the Company not less than 14 days’ notice of the Delisted Date.
13.4. The Customer shall be responsible for ensuring that all Nominated Products, when delivered to or collected by, the Company, shall conform with all applicable laws, including, but not limited to, the Food Safety Act 1990 (as amended by the Food Standards Act, 1999) and the Company shall have no liability to the extent that this is not the case. The Customer shall be responsible for ensuring that the Nominated Products are sourced from reputable suppliers who have achieved a nationally recognised product safety standard or have been formally assessed by the Customer as acceptable on product safety, legality, and integrity grounds.
13.5. The Customer shall procure the agreement of the supplier of Nominated Products to the document ‘Working with Us – Nominated Lines’ (the Company’s guide for suppliers of Nominated Products).
13.6. The Company shall be entitled to charge the Customer in respect of the stocking and delivery of the Nominated Products. The Company shall be entitled to adjust any such on-cost charge at its sole discretion.
13.7. Unless otherwise agreed, the Company shall arrange for Nominated Products to be delivered into its depots for onward delivery by the Company to the Customer. The Company shall not be obliged to carry out any checks or quality control inspections in relation to Nominated Products and Nominated Products are sold by the Company to the Customer on this basis.
13.8. The Customer acknowledges and agrees that the inability of the Company to perform any part of the Contract by reason of the performance deficiencies of any of the suppliers of Nominated Products shall not be deemed to be a breach of the Contract by the Company, and that, in such circumstances, the Customer will pursue its remedies directly against the defaulting supplier of the Nominated Product and no such performance deficiencies shall be counted in the calculation of any service levels agreed between the Company and the Customer.
13.9. The Company shall not be responsible for any costs resulting from shelf life expiry, waste, discontinuance of stock, or unordered stock of Nominated Products. In any of these events, the Company may charge the Customer the full selling price of such Nominated Products in addition to any disposal or return costs.
13.10. The Company may refuse or remove any Nominated Product at any time by providing notice in writing to the Customer.
13.11. The nominated suppliers shall be responsible for the Company’s consolidation charges payable in respect of the storage, handling and picking of the Nominated Products whilst in the Company’s consignment warehouse.
13.12. The Company may in its sole discretion delist any Nominated Product where the Customer’s requirement for such Product falls below 20 cases per week.
14. SOURCED PRODUCTS
In the event that any of the Products to be supplied under the Contract are Sourced Products, the Customer shall be required to complete a Nominated and Sourced Product Form and the following additional provisions will apply:
14.1. The Company shall agree with the suppliers of Sourced Products all matters concerning Sourced Products, including the specification, which shall be based on the requirements of the Customer. The Customer shall be responsible for forecasting its requirements for any new Sourced Products for the first 6 weeks.
14.2. The Company shall purchase Sourced Products from suppliers at the cost price agreed between it and the supplier of the Sourced Products. The Company shall agree the selling price of the Sourced Products with the Customer and shall notify the Customer of any cost price increases imposed on it by the supplier of the Sourced Products, which shall result in an increase in the selling price to the Customer.
14.3. The Company shall not be responsible for any costs resulting from shelf life expiry, waste, discontinuance of stock or unordered stock of the Sourced Products. In any of these events, the Company may charge the Customer the full selling price of such Sourced Products in addition to any disposal or return costs.
15. FORCE MAJEURE
“Force Majeure” means an event beyond the reasonable control of the Company and includes, without limitation, events that may arise due to the actual or planned departure of the United Kingdom or part thereof from the European Union (“Brexit”) or out of negotiations between the United Kingdom and the European Union regarding the same, which, whilst they may or may not have been reasonably foreseeable, could not have been reasonably avoided; any failure or delay on the part of a supplier to supply Products and/or services; acts of God; expropriation or confiscation of facilities; any form of Government intervention; war, hostilities, rebellion; terrorist activity; pandemic; local or national emergency (including an emergency service to a hospital); sabotage or riots; industrial action; floods, fires, explosions or other catastrophes; closure of motorways or other roads, or unusually severe traffic congestion (including closure or delay at borders), leaving no reasonable alternative route; unusually severe weather conditions; loss of power or telecommunications systems; or computer failure or breakdown (which could not have been reasonably avoided). The Company reserves the right to defer the date of delivery or reduce the volume of Products ordered by the Customer or to cancel the Contract without liability to the Customer if it is prevented from or delayed in the carrying out of its obligations under the Contract due to a Force Majeure Event. The Company may make adjustments to the pricing and/or other financial terms relating to supply of the Products, to take into account the financial impact of any Force Majeure Event on the Company.
16.1. The Customer undertakes that it shall not at any time disclose any confidential information concerning the business, affairs, customers, suppliers, pricing or other financial information of the Company to any third party whatsoever.
16.2. The Customer may disclose the Company’s confidential information (i) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out its obligations to the Company under the Contract, provided that such employees, officers, representatives and advisors to whom the Customer discloses such information comply in full with this Condition; and (ii) as may be required by law, court order or any government or regulatory authority, provided that the Customer gives as much advance notice of such disclosure to the Company, as possible.
16.3. The Customer shall not use the Company’s confidential information for any purpose other than to perform its obligations under the Contract.
16.4. Where the Customer purchases from the Company via a buying group or consortia (“Buying Group”), the Customer consents to the Company supplying to the Buying Group information relating to the Customer’s purchases, its account and payment history, or any other information requested by the Buying Group in connection with the Customer’s trading relationship with the Company. The Customer also consents to the Company sharing confidential information with other entities within the Company’s group, including parents, subsidiaries or affiliates of the Company.
17. ERECTION AND INSTALLATION
Where erection, installation and positioning of Equipment are part of the Contract the Customer shall ensure that the site is clear and ready for installation. Should the site not be ready as stipulated for such installation, the Company reserves the right to make a charge for any costs incurred as a result of it being so prevented and any delay or subsequent installation.
18. DATA PROTECTION
18.1. “Data Protection Legislation” shall mean the UK Data Protection Legislation and any other European Union legislation (including the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018) and all other applicable legislation and regulatory requirements relating to Personal Data in force from time to time.
18.2. Both parties will comply with all applicable requirements of the Data Protection Legislation.
18.3. The parties acknowledge that for the purposes of the Data Protection Legislation, both parties may be a Controller and/or a Processor of Personal Data and both parties agree to only process Personal Data on the instructions of the Controller (as agreed from time to time) in the pursuance of, and to the extent and duration of, the Company supplying Products and/or services to the Customer.
18.4. The Customer will ensure that it has all necessary and appropriate consents and notices in place to enable the lawful transfer of the Personal Data to the Company.
18.5. The Customer consents to the Company appointing any third-party processor of Personal Data under the Contract. The Company confirms that it has entered or, as the case may be, will enter into a written agreement with the third-party processor incorporating terms which are substantially similar to those set out in this Condition 18.
19. ANTI-FACILITATION OF TAX AVOIDANCE
19.1. The Customer shall:
19.1.1. not engage in any activity, practice or conduct which would constitute either:
22.214.171.124. a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act 2017; or
126.96.36.199. a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017;
19.1.2. have and shall maintain in place throughout the term of the Contract such measures as are reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees of the Customer); and
19.1.3. promptly report to the Company any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Act 2017, in connection with the performance of the Contract;
19.2. The Customer shall ensure that any person associated with the Customer who is performing services in connection with the Contract does so in compliance with obligations equivalent to those imposed on the Customer in Condition 19.1 (“Relevant Tax Evasion Terms”). The Customer shall be responsible for the observance and performance by such persons of the Relevant Tax Evasion Terms, and shall be directly liable to the Company for any breach by such persons of any of the Relevant Tax Evasion Terms.
19.3. For the purposes of Condition 19.1, the meaning of reasonable prevention procedures shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Act 2017 and a person associated with the Customer includes but is not limited to any subcontractor of the Customer.
20. ADDITIONAL TERMS
20.1. Failure or delay on the part of the Company in enforcing any provision of the Contract shall not be construed as a waiver of any of the Company’s rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
20.2. If any provision of the Contract is found by any Court, tribunal or other administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
20.3. The Company may make available certain promotions from time to time, for example Nectar Points are available to certain Customers. The Customer shall be bound by any additional terms that apply to any promotions and the Customer shall be responsible for ensuring the Customer contact registered to receive the promotion (for example Nectar points) is correct and updated accordingly from time to time.
20.5. Telephone calls (inbound and outbound) and email correspondence with the Company may be recorded or monitored. By using or accepting such communication methods, the Customer agrees to the recording or monitoring of the same for quality purposes and training.
20.6. The Company, but not the Customer, may assign its rights and obligations under the Contract.
20.7. Any written communication given pursuant to the Contract must be sent by pre-paid first class post to the registered office of the addressee or such other address as may have been notified in writing and shall be deemed to have been received by the addressee two days after the date of posting.
20.8. The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
20.9. The Contract shall be governed by the laws of England and the Company and the Customer agree to submit to the exclusive jurisdiction of the English Courts.
20.10. If the Customer is a partnership the liability of the individual partners to the Company shall be joint and several.
20.11. The signature on behalf of a Customer who is a limited company by any person purporting to sign with the Customer’s authority shall bind the Customer and the Customer shall be liable to comply with the terms of the Contract.
20.12. The Customer shall be liable to comply with the terms of the Contract and pay for any Products which are ordered using its Customer account number. 20.13. The Company reserves the right to amend these Terms and Conditions from time to time by posting updated versions on its website.
IV. JUST EAT COOKIES POLICY
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The cookies used on the JUST EAT Partner Centre (https://partner.just-eat.co.uk) are explained below and based on the International Chamber of Commerce guide for cookie categories.
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Strictly necessary cookies allow you to use essential features of our site such as enabling you to log-in to our site.
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We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, this cookies policy may be updated to reflect any such advances in technology and preference management tools.
Strictly necessary cookies on the JUST EAT Partner Centre
Last updated on 12 August 2014. The following list of cookies are those used on our site which we have identified as being strictly necessary:
What does it do?
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Performance cookies on the JUST EAT Partner Centre
Last updated on 12 August 2014. The following list of cookies are those used on our site which we have identified as being strictly necessary:
What does it do?
The Just Eat Partner Centre website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses a cookie in order to evaluate your use of the Just Eat Partner Centre site.
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