General Terms and Conditions

General Terms and Conditions

On the Just Eat Partner Webshop you can order merchandise and Products for Your restaurant in Ireland. These General Terms and Conditions describe the terms, rules and obligations involved when ordering Products of Just Eat via the Partner Webshop (the “General Terms and Conditions”).

1 – Definitions

In these General Terms and Conditions, We use the following definitions:

Agreement – an order of Products from Just Eat by You via the Partner Webshop which has been accepted by Just Eat in accordance with these General Terms and Conditions;

General Terms and Conditions – which has the meaning given above;

Just Eat / We / Us – Just-Eat Ireland Limited;

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;

Products from Just Eat – Products sold by Us via the Partner Webshop; and

You / Your – a restaurant that is registered with Us and has entered into a Restaurant Agreement with Just Eat.

2 - Our Identity

We are: Just-Eat Ireland Limited

Our address: 6th Floor, 35 Shelbourne Road, Ballsbridge, Dublin D04 A4EO

Company number: 457475

VAT no: 9686243K

3 – Contact Us

Partner Webshop web address: https://shop.just-eat.ie

In case of questions about the Partner Webshop, You can reach Us via: [email protected]

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) you 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 General Terms and Conditions.

5 – Applicability

These General Terms and Conditions apply to orders of Products from Just Eat via the Partner Webshop. By placing an order with Us for Products from Just Eat You agree to and are bound by these General Terms and Conditions.

The applicability of any other terms and conditions (including any purchase terms and conditions You may have) is explicitly rejected.

The Agreement is the entire agreement between You and Us in relation to the purchase of the applicable Products from Just Eat via the Partner Webshop. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty in respect of purchasing the applicable Products from Just Eat on the Partner Webshop that is not set out in the Agreement.

6 – Updates to these General Terms and Conditions

The current version of these General Terms and Conditions can always be found on the Partner Webshop. We reserve the right to unilaterally alter these General Terms and Conditions from time to time, but the version of the General 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 the General 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 General Terms and Conditions which were in force when You placed Your order, so You always know what to expect from Us.

7 – Products from Just Eat

We aim to provide all the information You need to get a good indication of each Product from Just Eat on the Partner Webshop, so it is clear to You and to Us what the rights and obligations connected to a Product from Just Eat are. However, there are necessarily limitations on the information we provide. In particular:

Images. The images of the Products from Just Eat on our Partner Webshop or that We otherwise provide to You in digital or electronic format are for illustrative purposes only. Although We aim to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflect the colour of the Products from Just Eat. Your Products from Just Eat may vary slightly from those images.

Measurements: Although We aim to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Partner Webshop or that We otherwise provide to You during the ordering process are approximate only and may vary slightly from those indicated.

8 – Your use of the Partner Webshop

We make the Partner Webshop available 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 but not limited to: (i) further distribution or (re)selling; or (ii) for your personal, private use as a consumer.

If We suspect that You are not using the Partner Webshop in accordance with these General Terms and Conditions (including if 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.

9 – Agreement

Please follow the onscreen prompts on the Partner Webshop to place an order. Each order You place for Products from Just Eat is an offer by You to buy the Products from Just Eat specified in that order and is subject to these General Terms and Conditions. Please check your order carefully and correct any errors before submitting it. You are responsible for ensuring your order is complete and accurate.

The Agreement is concluded at the moment We send You a track and trace email confirming dispatch of your Product(s) from Just Eat, which is Our acceptance of Your offer. If We can't accept an order, We will let You know and where applicable, We will not charge You the relevant amount and we will not process that order.

You can check the details and the status of Your orders made in Our Partner Webshop under “My account”.

We have the right to investigate whether You are able to meet your current and future payment obligations, and whether You comply with these General Terms and Conditions. If We suspect, for whatever reason, this is or may not be the case, We have the right to refuse or cancel an order or attach special conditions to such an order (for example to, vary the payment terms). Any such special conditions will be communicated to you in writing.

10 – Price and payment

Price. Our Partner Webshop states the prices of Products from Just Eat. Prices for the Products may change from time to time, but changes will not affect any order which we have already accepted with a track and trace confirmation email. Promotions and discounts are indicated on the Partner Webshop. 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, We will clearly state this before You confirm Your order.

Payment. You can only pay for orders of Products from Just Eat using a debit card or credit card as indicated on the Partner Webshop. 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 from Just Eat and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time you place your order.

We may issue vouchers to be redeemed on the Partner Webshop and such vouchers will be subject to the terms and conditions that accompany them. Any such vouchers may not be exchanged for cash.

11 – Performance and warranties

We provide a warranty to You that on delivery the Products from Just Eat will meet (in all material respects) the description and specifications provided for that respective Product(s) on the Partner Webshop. The Products from Just Eat are intended for use only in Ireland. We do not warrant that the Products from Just Eat comply with laws, regulations or standards outside of Ireland.

Please note: We will not be liable for a breach of the warranty above:

(a) if a defect arises in a Product from Just Eat as a result of normal wear and tear, or due to damage as a result of circumstances beyond Our control, such as weather conditions or damage caused during transport by You;

(b) when Products from Just Eat are used improperly or uncarefully (if, used for a different purpose than intended, for example);

(d) if a defect arises in a Product from Just Eat as a result of Us following any drawing, design or specification provided by You (such as for Products that are bespoke, co-branded or personalised for You); or

(e) the Products from Just Eat differ from their description or specification as a result of changes made to ensure such Products comply with applicable statutory or regulatory requirements.

These terms in clause 11 and 12 also apply to any replacement Product from Just Eat supplied by Us to You.

12 – Not satisfied?

Please contact Our customer service as soon as possible if you’re not satisfied with your Products from Just Eat and describe the problem as clearly as possible to our representative. See “contact details” above for how to do this. During our opening hours, We will try to help You straight away, otherwise We will inform You when we will get back to You. We will respond to you, no later than 14 days after receiving your complaint.

Please check the Products from Just Eat immediately after receipt to assess: (i) if they have any defects and (ii) whether the quality and/or quantity matches what We agreed upon in our Agreement.

Subject to the circumstances listed in clause 11(a)-(e) and the exclusions in clause 13(a)-(e), if:

(a) You give Us notice in writing within a reasonable time from of discovery, that a Product(s) from Just Eat, does not comply with the warranty in clause 11;

(b) on Our request, We are given an opportunity to assess the Product form Just Eat; and

We will, at Our option, offer You a replacement or a refund of the purchase price (or a part of it) of the faulty or defective Product from Just Eat.

If, in accordance with clause 12(c) above, We collect the Products from Just Eat, please provide the respective Product with all the supplied accessories and - if reasonably possible - in its packaging in original condition and follow the instructions given by the customer service.

13 – Products that cannot be returned

In any event, the following Products cannot be returned to Just Eat and are non-refundable by Just Eat:

(a) Products marked as “outlet” Products in the Partner Webshop (unless they are found to be faulty or defective in line with clauses 11 and 12 above);

(b) personalised or bespoke Products;

(c) consumables (such as napkins, bags and pizza boxes) if the packaging has been opened or damaged following delivery to You; or

(d) redeemed or completed vouchers.

14 – 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.

15 – Delivery and performance

We will arrange for the Products from Just Eat to be delivered to the address You provided to Us, so please check this is correct and complete before You place the order. On our Partner Webshop We provide You with an indicated delivery time of each Product. Please note that this is only an indication, time of delivery is not of the essence and such delivery times are not guaranteed.

Due to unforeseen circumstances, orders may be delayed from time to time (including due to a Force Majeure Event (see clause 18 below). If You have not received a Track & Trace code for an order within 5 working days after placing your order (unless you have ordered a personalised or bespoke Product from Just Eat, which may take up to 20 working days to be delivered), please contact the customer service using the above contact details.

Please also note that we do not make deliveries on bank/public holidays or weekends. Any next day carriage orders placed before 2pm on the last working day before a bank/public holiday or weekend will attempt to be delivered on the next working day. If you place your next day carriage order after 2pm on the last working day before a bank/public holiday or weekend then your order will be processed the next working day and attempt to be delivered the day after.

16 – Risk and ownership

We bear the risk of damage and/or loss of Products from Just Eat for You until the moment You, or someone who may sign on Your behalf, receives them, at which point, delivery of the Products is complete. The Products from Just Eat will be at your risk and owned by you from the moment when delivery of such Products is complete.

17 – Liability

Nothing in these General 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 or damage, such as (without limitation) loss of profit, sales, business or revenue, consequential damage, loss of anticipated savings, loss of goodwill and damage due to business interruptions, are each expressly excluded.

Subject to the paragraph above regarding exclusions and limitations of liability, Our liability to You for losses per event (in which a related sequence of events counts as one event) which arise under or in connection with the Agreement, is limited to the amount actually paid by You to Us for orders of Products from Just Eat via the Partner Webshop in the month in which the relevant event occurred.

Except as expressly stated in these General Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these General Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Further, We are not liable for any delay or damage (including in connection with a delay in delivery) caused because We assumed incorrect and/or incomplete data provided by You or on Your behalf (for example, if You provided an incorrect delivery address or if You were not available at the delivery address You provided to receive delivery of the Products).

You will compensate Us and our Affiliates in full for any losses, 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 You.

18 – Force Majeure

Neither You or We will be liable to the other as a result of any delay or failure to perform its obligations under the Agreement resulting from a Force Majeure Event. “Force Majeure Event” means an event beyond the reasonable control of either party including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or a third party), failure of a material utility service or transport network, act of God, war, riot, act of terrorism, civil commotion, epidemic or pandemic, malicious damage by a third party, compliance with any law or governmental order, rule, regulation or direction by a third party, material accident, breakdown of plant or machinery, fire, flood or storm.

19 – Invalid provision

If any part of these General Terms and Conditions is declared invalid or void by a court or legislator, the remaining General Terms and Conditions will fully remain in force.

20 – 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.

You grant Us a royalty-free licence to use Your name, logo and any other of Your intellectual property (including intellectual property in any photographs You send to Us relating to Your restaurant or goods), and the right to sublicense the same to third parties, to enable Us to comply with our obligations under this Agreement, (in particular where You have submitted an Order for personalisation or other bespoke product) and You confirm to Us that you have the ability to grant this licence to Us. Your intellectual property will, however, at all times remain Your property.

You will compensate us and our Affiliates in full for any losses, damages or claims when a third party claims that we or our Affiliates have infringed the third party’s intellectual property rights incurred by us in connection with a third party claim against us or our Affiliates by (i) using or permitting the use of a domain name, a brand name, trademark, logo or other intellectual property or (ii) by assisting or permitting you to use or to be a registered proprietor of such rights which infringe the third party’s rights.

An “Affiliate” means a person who is, from time to time, a (direct or indirect) subsidiary or holding company of Just Eat, or is a subsidiary of Just Eat’s (direct or indirect) holding company, or is a party in which Just Eat’s (direct or indirect) holding company owns 30% (thirty percent) or more of the paid up share capital or controls 30% (thirty percent) or more of the voting rights.

21 – Privacy

We handle Your data with care. For more information, please go to Our Privacy Statement.

22 – Governing law

These General 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 Irish law.

The courts of Ireland will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of these General Terms and Conditions and Agreement.

These General Terms and Conditions were last updated on 12th of July 2022.