TERMS AND CONDITIONS – www.justeatshop.ie
Important Legal notice
This page sets out information about us and the terms and conditions (the “Terms”) on which we sell any of the products (the “Products”) from the JUST EAT Catalogue (the “Catalogue”) available on our website [//www.justeatshop.ie] and any mobile application through which you access our website or services (together, our “Website”) to you.
These Terms will apply to any contract between us for the sale of Products to you (the“Contract”). Please read these Terms carefully before using, and ordering any products (the “Products”) from, our Website, as your purchase of any Products offered on the Website is subject to these Terms. You should understand that by ordering Products from our Website (whether now or in the future), you agree to be bound by these Terms. Use of the Website is also subject to these Terms.
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, and any Contract between us, 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 the Website and any mobile application through which you access the Website or Catalogue, 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 the Website and/or Catalogue that may be developed from time to time).
Please tick the checkbox confirming that you accept these Terms. Please understand that if you refuse to accept these Terms, you will not be able to use our Website or order any Products from our Website.
1. Information about us
1.1 We operate the Website www.justeatshop.ie. We are JUST EAT Ireland Limited a company registered in Ireland with registered company number 4574750, whose registered office is at Arthur Cox Building, Earlsfort Terrace, Dublin 2 (“JUST EAT”).
1.2 Our VAT number is 9686243.
1.3 To contact us, please see the Contact Us page www.justeatshop.ie
1.4 The Website enables you to order the following Products from us:
a. Various JUST EAT-branded products from us (the “JE-Branded Products”); and
b. Various products that are co-branded with both JUST EAT and your business (the “Co-Branded Products”)
2. Website terms
2.1 By accessing any part of this Website, you indicate that you accept these Terms. If you do not accept these Terms, you must leave this Website immediately.
2.2 We may revise these Terms at any time. You should check this 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 order Products from us.
2.3 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.
3. Our Products
3.1 The images of the Products on our Website 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.
3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only and may vary slightly from those indicated.
3.3 The packaging of the Products may vary from that shown on images on our site.
3.4 All Products shown on our site 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.
4. Your status
By accepting the Terms, you warrant that:
(a) you are legally capable of entering into binding contracts, and have the authority to bind any business on whose behalf you use our Website to purchase Products; and
(b) you are at least 18 years old.
5. How the contract is formed between you and us
5.1 For the steps you need to take to place an order for our Products, please see our How To Shop page on www.justeatshop.ie
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page or stage of the order process.
5.3 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 5.4.
5.4 Our acceptance of your order will take place as follows:
(a) In relation to JE-Branded 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.
(b) In relation to Co-Branded Products, we will confirm our acceptance to you of the order after the proofs for the design and artwork have been finalised and agreed in accordance with the ordering process described at the How To Shop page on www.justeatshop.ie. We will do so by sending you an e-mail that confirms that your order for the Products has been finalised and accepted (“Acceptance Confirmation”). The Contract between us will only be formed when we send you the Acceptance 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 Acceptance Confirmation is sent the order may not be accepted by us or may be cancelled by you. If you need to amend or cancel your order, you may only do so before you provide us with the design and artwork for the relevant Products. Thereafter we reserve the right to charge you a fee as described in the How To Shop page on www.justeatshop.ie.
5.5 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 site as referred to in clause 8, 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
6.1 We offer a “goodwill” refund or exchange on all JE-Branded Products when the items are returned in a resalable condition and in their original packaging within 7 working days of the date on which you receive the items. Working days means that Saturdays, Sundays or public holidays are not included in this period. This means that during this period if you change your mind or for any other reason you decide you do not want to keep a JE-Branded Product , you can notify us of your decision to return the item and receive a refund or an exchange. Our “goodwill” returns policy does not affect your legal rights under any legislation.
6.2 However, our “goodwill” returns policy does not apply to any Co-Branded Products, as these are made to order. These items can only be refunded or exchanged in accordance with your legal rights.
6.3 The following process and conditions apply to the return of any Products in accordance with clause 6.1 or 6.2:
(a) Please contact our Customer Services telephone line at 00353 1872 7863 or e-mail us at email@example.com. 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.
(b) 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.
(c) 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.
6.4 If you have returned JE-Branded Products to us under our “goodwill” returns policy, you will receive a full refund of the price you paid for the JE-Branded Products (excluding any applicable delivery charges you paid). You will be responsible for paying a charge for us to collect and restock the JE-Branded Products. Please refer to our Delivery Charges page on www.justeatshop.ie.
6.5 If you have returned Products to us because they are faulty or mis-described within 14 days of the date on which you receive the items, 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.
6.6 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 refund you on the credit card or debit card used by you to pay.
7.1 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 16). 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.
7.2 Delivery will be completed when we deliver the Products to the address you gave us.
7.3 If no one is available at your address to take delivery, we will leave you a note notifying you of a redelivery date. We may also provide you with the option to collect the Products from a courier depot. If you wish to utilise the self-collection option, please contact the courier using the contact details on the redelivery note to arrange a collection date. Please note that you may be charged for redeliveries. Please refer to our Delivery Charges page on www.justeatshop.ie.
7.4 The Products will be your responsibility from the completion of delivery.
7.5 You own the Products once we have received payment in full, including all applicable delivery charges.
7.6 Please note that we are only able to deliver to addresses within the United Kingdom.
8. Price of products and delivery charge
8.1 The prices of the Products will be as quoted on our site from time to time. 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.
8.2 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.
8.3 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 Ireland 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.
8.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page on www.justeatshop.ie.
8.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, 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
(b) if the Product’s correct price is higher than the price stated on our site, 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.
9. How to pay
9.1 You can only pay for 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.
9.2 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.
10.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
(a) Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned by JUST EAT or JUST EAT’s 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 this Website other than in accordance with paragraph 10.1 is prohibited.
(b) You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 10.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
(c) You must ensure that JUST EAT’s status as the authors of the material on this Website must always be acknowledged.
(d) You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from JUST EAT to do so.
10.2 Except as stated in paragraph 5.1, no part of this 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.
10.3 Any rights not expressly granted in these Terms are reserved.
11. Service access
11.1 While JUST EAT tries to ensure this Website is normally available twenty four (24) hours a day, JUST EAT will not be liable if this Website is unavailable at any time or for any period.
11.2 Access to this Website may be suspended temporarily and without notice.
11.3 Unfortunately, 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.
12.1 While Just Eat tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. JUST EAT may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and JUST EAT makes no commitment to update that material.
12.2 JUST EAT provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms might apply in relation to this Website and the services that we provide).
12.3 You are responsible for the security of your password that you used to register with this Website. Unless JUST EAT negligently discloses your password to a third party, JUST EAT will not be liable for any unauthorised transaction entered into using your name and password.
13. Termination rights
13.1 We may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by e-mail) if we believe you have breached any of the material terms of these Terms.
13.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
14. Intellectual Property Rights
14.1 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.
14.2 You confirm irrevocably to each of JUST EAT and each of its 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 for inclusion in or printing on any Co-Branded Products do not violate, infringe or conflict with Intellectual Property Rights of any third party.
14.3 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 for inclusion in or printing on any Co-Branded Products, 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.
14.4 “Intellectual Property Rights” 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.
15. Our liability
15.1 We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15.3 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, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms 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.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 All notices given by you to JUST EAT must be given to JUST EAT at Just-Eat Ireland Limited, 173 Ivy Exchange, Granby Place, Dublin 1.
17.2 We may give notice to you by either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18.4 This Contract is between you and us. Except as provided in clauses 14.2 and 14.3, no other person shall have any rights to enforce any of its terms.
19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under the Contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
23. Our right to vary these terms and conditions
23.1 We have the right to revise and amend these Terms from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us.
24. Additional terms
25. Law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.
By visiting and/or ordering services on this 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
1.1 When you visit the Website or make a JUST EAT order through the Website, you may be asked to provide information about yourself including your name, contact details and payment information such as credit or debit card information. We may also collect information about your usage of the Website and information about you from the messages you post to the Website and the e-mails or letters you send to us.
2. USE OF YOUR INFORMATION
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
2.3 Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc) as well as by e-mail.
2.4 Where you have indicated accordingly, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc) and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
2.5 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 section 7 below and/or amending your profile accordingly.
2.6 Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside.
3. DISCLOSURE OF YOUR INFORMATION
3.1 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 Ireland and third parties including companies within the Just-Eat group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries) 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.
3.3 If you have consented 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 telephone, SMS 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 section 7 below and/or by amending your profile accordingly.
3.4 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.
3.5 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 our Website Terms and any other agreement; or to protect the rights of JUST EAT, any delivery restaurants or others. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1 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.
4.2 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.
4.3 Unfortunately, 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 section 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of six euro and thirty-five cents (€6.35) 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 Ireland Limited at Nutley Building, Merrion Road, Dublin 4, or by telephone to 01 872 7863.