Terms and Conditions – Purchases from Other Sellers
On the Just Eat Partner Webshop you can order merchandise and Products for Your restaurant. These Terms and Conditions - Purchases from Other Sellers describe the terms, rules and obligations involved when ordering Products of Other Sellers via the Partner Webshop (“Terms and Conditions”).
Please note: these Terms and Conditions do not apply to orders of Products sold by Just Eat via the Partner Webshop. The general terms and conditions applicable to orders of Products from Just Eat can be found here.
1 - Definitions
In these Terms and Conditions, We use the following definitions:
Agreement - has the meaning given in Clause 9 below
Just Eat / We / Us - Just Eat.co.uk Ltd.
Other Sellers - a Other Seller not being Us that offers Products via the Partner Webshop;
Partner Webshop - the online webshop environment where you may order Products from Us and Other Sellers
Products – goods or services offered via the Partner Webshop by Us or Other Sellers;
Products from Just Eat - Products sold by Us via the Partner Webshop;
Products from Other Sellers – Products sold by Other Sellers via the Partner Webshop;
Terms and Conditions - has the meaning given above;
You / Your - a restaurant that is registered with Us and has entered into a Restaurant Agreement with Us for operating on the Just Eat platform;
The Partner Webshop platform and all connected trade names and trade marks are owned by Takeaway.com Central Core B.V. (an entity registered in the Netherlands) or its licensors.
2 - Our Identity
We are Just Eat.co.uk Ltd.
Our address: Fleet Place House, 2 Fleet Place, London EC4M 7RF
Company number no: 04656315
VAT no: 945719291
3 - Contact Us
Partner Webshop web address: [https://shop.just-eat.com/]
For inquiries, please utilise the contact form located in the bottom left corner of the Just Eat Webshop for partners/couriers. Please note that only questions related to the Just Eat Webshop will be addressed through this channel.
4 - Your status
By placing an order on the Partner Webshop, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) are over 18 years of age; and
(c) you have full legal authority to bind the entity you are ordering on behalf of, to these Terms and Conditions.
5 - Applicability
These Terms and Conditions apply to the orders of Products from Other Sellers via the Partner Webshop, insofar as these Terms and Conditions are not explicitly deviated by the parties in writing. By placing an order with a Other Seller via Our Partner Webshop, You agree to these Terms and Conditions.
Except for other terms and conditions from the Other Seller which may apply (as explained below), the applicability of any other terms and conditions (including any purchase terms and conditions you may have) is explicitly rejected. For orders placed with Other Sellers, other terms and conditions from the Other Seller may apply in addition to these Terms and Conditions. You can find those [here]. In the event of an inconsistency between these Terms and Conditions and the terms and conditions from the Other Seller, these Terms and Conditions shall prevail.
6 - Updates to these Terms and Conditions
The current version of the Terms and Conditions can always be found on the Partner Webshop. We reserve the right to change these Terms and Conditions from time to time, but the version of the Terms and Conditions which were in force when you placed your order are the terms and conditions which will apply to that order.
When you place an order after these Terms and Conditions have been updated, you accept the updated version. Please check them before placing Your order, and we recommend you save a copy of the Terms and Conditions which were in force when you placed your order, so You always know what to expect from Us and Other Sellers.
7 - Your use of the Partner Webshop
We solely offer the Partner Webshop to You for use in Your commercial capacity as a restaurant. All Products are only sold in small quantities and are explicitly not meant for other purposes, including, without limitation: (i), further distribution or (re)selling and (ii) for your personal, private use as a consumer.
In the event that We suspect that You are not using the Partner Webshop in accordance with these Terms and Conditions (including where we have reason to believe you are using the Products for purposes other than use as a restaurant in your commercial capacity), We reserve the right to suspend or terminate Your access to the Partner Webshop with immediate effect. Whether or not We chose to suspend or terminate Your access, We reserve the right to bring a claim against You for any loss, damage or liability We suffer including as a result of any third party claims We receive) in connection with Your non-compliant use of the Partner Webshop.
8 – Products from Other Sellers
We aim to provide all the information You need to get a good indication of each Product from Other Sellers on the Partner Webshop. However, we are entirely reliant on the relevant Other Seller to provide this information in an accurate and complete form, and therefore take no responsibility in the event this information is not provided or is not accurate.
If you’re not sure who the applicable seller of a Product is, please check the information page for the relevant Product. The applicable seller will be indicated with a label showing the name and/or logo of the seller of that Product.
If you have any questions and/or specific requests regarding the Products from Other Sellers which your decision to place an order will be based on, you must communicate this to the Other Seller directly before placing your order. You can do this by contacting the relevant Other Seller using the contact details provided by the Other Seller [here]. You understand and acknowledge that by placing an order for the Product you are doing so without condition, based on the information that has been made available to you via the Partner Webshop at the time you place the order.
We are not able to respond to any questions about Products sold by Other Sellers, nor are we able to honour any special requests you have in respect of such Products. By placing an order for a Product sold by a Other Seller you understand and acknowledge that We are under no circumstances liable or responsible for the quality, delivery and soundness of Products from Other Sellers (including whether they satisfy any special requirements you have, whether or not communicated to Us or to the Other Seller) and the execution of the Agreement (as defined in clause 9 below). To be clear, this also means that we do not have any liability that the Products from Other Sellers will comply with any applicable laws, regulations or standards (including any applicable food and licensing laws, for example).
9 - Agreement
By placing an order on the Partner Webshop for a Product offered by a Other Seller which is then accepted by the Other Seller, you are entering into an agreement with the Other Seller for the purchase of that Product (the “Agreement”). Just Eat is explicitly not a party to the Agreement between You and the Other Seller, and acts solely as a marketplace. The Agreement between You and the Other Seller is only established when the Other Seller accepts Your order.
When You place an order for Products from Other Sellers, We will send You an order summary by email. Please note this is not a confirmation of Your order, which You will receive by email from the Other Seller.
We and Other Sellers have the right to investigate whether You are able to meet your current and future payment obligations, and whether You comply with these Terms and Conditions. If We or Other Sellers suspect, for whatever reason, this is not the case, We or the relevant Other Seller(s) have the right to refuse or cancel an order or attach special conditions to such an order (for example, vary the payment terms). Any such special conditions will be communicated to and agreed with you in writing.
10 - Price and payment
Price. Our Partner Webshop states the prices of Products which have been set by the Other Seller, including any promotions and discounts which the Other Seller has determined will apply. Other Sellers may change the prices for their Products from time to time, but these changes will not affect any order which has already been accepted by a Other Seller (with the applicable price always being the price stated at the time that You placed your order). All the prices shown on the Partner Webshop are exclusive of VAT unless explicitly stated otherwise. If any delivery costs or handling costs are payable for Your order, such costs will be shown at checkout before You confirm Your order.
Payment. When ordering products from Other Sellers, You will receive an invoice from the Other Seller. Just Eat.co.uk Ltd collaborates with a third party payment service provider to facilitate online payments. This third party receives Your online payment, and transfers this to the applicable Other Seller. Neither Takeaway.com Central Core B.V. (as owner of the Partner Webshop platform) nor Just Eat.co.uk Ltd are party to the invoicing of Products ordered from Other Sellers, nor do we receive or handle your payment at any time. We only provide an order summary for your information.
11 – Exclusion of the right of withdrawal
The right of withdrawal for distance and off-premises contracts is not applicable to orders via Our Partner Webshop, because they do not qualify as a consumer purchase. It is possible that Other Sellers provide different terms but We do not have any influence over this. To understand your ability to return Products from Other Sellers, please read the applicable [terms and conditions of the Other Seller].
Please note: Products from Other Sellers can never be returned to Us and we cannot action a refund to You on behalf of a Other Seller. Even if You complain to Us, We are unable to suspend Your payment obligation or refund your payment. All complaints and refund requests should instead be addressed to the relevant Other Seller.
12 - Delivery and performance
We will carefully convey Your order to the Other Seller which is then fully responsible for executing the Agreement. In particular, We will share the delivery address you provide on the Partner Webshop to the Other Seller in the exact form You provided it to us, so please check this before You place the order. Neither We nor any Other Seller shall be liable in the event that You do not receive Your order as a result of You providing an incorrect or incomplete delivery address.
On Our Partner Webshop, We may provide You with an indicated delivery time of each Product. Please note that this is only an indication, and such delivery times are not guaranteed. We are not responsible for the delivery time of Products from Other Sellers. When confirming Your order via email, the Other Seller will indicate when your order will be delivered.
13 - Complaints procedure
Not satisfied with the Products from Other Sellers or the handling of Your order? By placing an order for a Product sold by a Other Seller, you understand and acknowledge that the fulfillment of this order (including processing and delivery) is handled entirely by the relevant Other Seller, and not by Us, and therefore we can only provide very limited support in the event that you are dissatisfied with your order. Instead, please contact the Other Seller from which You ordered the Product directly with any complaints you have. For an overview of all Other Sellers that offer Products on Our Partner Webshop and their contact details, please click [here].
14 – Liability
Just Eat is not liable or responsible in any respect for the fulfilment of the Agreement by the Other Seller. Please check the relevant terms and conditions of the Other Seller to understand the liability position applicable to Your order of Products from that Other Seller.
Further, We are not liable for any damage caused because We assumed incorrect and/or incomplete data provided by You or on Your behalf was indeed correct (for example, delivery address).
Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation;) or (c) any other liability that cannot be excluded by applicable law.
Subject to the above circumstances in which our liability cannot be limited or excluded, Our Liability to You for indirect or consequential loss, loss of profit, sales or business revenue, loss of anticipated savings, loss of goodwill and damage due to business interruptions, are each expressly excluded.
You will compensate Us and our Affiliates in full for any loss, damage or liability that We or our Affiliates incur in connection with a third party claim that such third party has sustained loss, damage or liability in connection with the Agreement, to the extent that such loss, damage or liability is attributable to the act or omission of You.
15 - Disclaimer
When a Product from Other Seller is listed on the Partner Webshop, the product listing is directly uploaded by the respective Other Seller. As part of this process, the Other Seller is required to provide all product information for the respective Product. We display this information on the Partner Webshop exactly as it has been provided to Us. As such, we are entirely reliant on the Other Seller to ensure their product information displayed on the Partner Webshop is complete and up to date. If You have a concern or question about any Other Seller’s product information, standards or labelling provided on the Webshop (including for example about food allergens, intolerances or other dietary information), You should always contact the relevant Other Seller directly before placing Your order via the Partner Webshop. You can find the Other Seller’s contact details [at INSERT LINK].
17 - Alcohol
You acknowledge that Just Eat is not a licensed entity for the purposes of sales of alcohol via the Partner Webshop, as such products are sold by Other Sellers (Just Eat acts solely as a marketplace).
You must comply with all applicable laws and regulations in relation to the the sale and purchase of alcohol (including but not limited to any regulatory licensing requirements). It is your responsibility to ensure that you operate in compliance with any licenses you hold. You agree to provide evidence to us of this compliance upon reasonable request.
18 - Invalid provision
If any part of these Terms and Conditions is declared invalid or void by a court or legislator, the remaining Terms and Conditions will fully remain in force.
19 - Intellectual Property rights
All intellectual property rights, such as trade names, trade marks, logos, product descriptions, pictures, illustrations and other designs on the Partner Webshop platform are owned by Takeaway.com Central Core B.V. or its licensors. Any use of the Partner Webshop or its content, including copying or storing such content in full or in part other than for Your own, personal and non-commercial use is prohibited without the prior written consent of Us.
20 – Privacy
We handle Your data with care. For more information, please go to our Privacy Statement. For executing the Agreement by the Other Seller, we provide Your name and address, email address and telephone number to the Other Seller with which You have placed an order. The Other Seller may only use this data for executing the Agreement, and, if applicable, for evaluating the Agreement.
21 - Choice of law
These Terms and Conditions, the Agreement and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it will be governed by and construed in accordance with English law.
The courts of England will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of these Terms and Conditions and Agreement.
These Terms and Conditions were last updated on 28th of April 2021.
