EATOO UK

Welcome to www.eatoo.co.uk website through which you access our website or services (our “Service”).

This page (together with our Privacy Policy and Cookies Policy) contains the terms and conditions on Eatoo supply to you any of food (the “Food”) marketed on our Service (the “Contract”).

Please read all this terms and conditions carefully!

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read this terms and conditions to make sure that they contain all that you want and nothing you are not happy with.

These terms and Conditions will apply to the purchase of the goods by you (the Customer or you).

These are the terms on witch we sell all Goods to you. By ordering any of the Goods , you agree to bound by these Terms and Conditions .You can only purchase the Goods from the Website if you are eligible to enter into a contract and you are at least 18 years old !

Occasionally we update these Terms (in accordance with Clause 28 below). Every time you wish to order Food or other products, please check these Terms to ensure you understand the terms and conditions that apply at that time.

Information about us

www.eatoo.co.uk is a website operated by EATOO LTD. (“we”, “us” or “EATOO”), a company incorporated and registered in England and Wales with company number 12051830 whose registered office is at 4 Harbour Exchange Square, London E14 9GE.

EATOO delivers Food to you that are prepared by us!

Our aim is to provide you with an efficient and convenient service that allows you to order Food from our website and deliver Food to you on behalf of our service.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally binding agreement between you and us for the supply of the Goods;

Delivery Location means the Supplier’s premises or the location where the Goods are to be supplied, as set out in the Order;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the good from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from via Website;

Website means our website www.eatoo.co.uk on which the Goods are advertised.

Goods (our products)

The description of the Goods is as set out in our Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirement, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication method and by pre- paid post and you expressively agree to this.

Orders

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the order. (Order Confirmation) You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.

Please ensure that you provide us with a correct phone number or email address as this is how we will communicate with you about your order. We require an accurate delivery address and in order to deliver your Food to you.

Sale of alcohol

EATOO reserves the right to refuse to deliver any alcohol to any person who does not appear to be over the age of 18, or who is, or appears to be drunk or under the influence of drugs. Proof of age may be required.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Despite our best efforts, it is possible that Food or products on our Service may be priced incorrectly. Should any pricing errors occur in your order, we will notify you as soon as possible and our Customer Care team will seek to resolve the matter.

Should any pricing errors occur in your order, we will notify you as soon as possible and our Customer Care team will seek to resolve the matter.

Prices may change at any time, but any changes shall not affect orders for which you have been sent a Confirmation Email.

Payment for any Food or products can be made by credit, debit card. We accept payment by Visa, Mastercard, AMEX, JCB, Diners Club, Maestro, Alipay and WeChat Pay. [We do not accept payment by cash or cheque]. Occasionally, there may be delays in processing card payments and transactions and deductions from your credit or debit card or bank account may take up to 60 days from the date of your order.

If for any reason your card payment is not authorised, your order will not be processed or communicated to us.

Delivery

Our goal is to provide you with the best possible delivery service for Food prepared by Eatoo in central London.

We will deliver the Goods, to the Delivery Location by the time or within the agreed period.

If you do not open the door or respond to telephone calls or messages within 10 minutes of our delivery staff arriving at your specified delivery address, we reserve the right to leave the premises and you will be charged for the re-delivery.

The cost of delivery, which will be confirmed prior to you placing the order and added to the total amount due.

Complaints and customer care

EATOO aims to provide a good quality service. However, if there is a problem with the food quality or temperature of your Food, please contact our Customer Care team who will endeavour to resolve any issues.

We welcome any feedback or comments you have, your Food and our Service. Please contact us by email or telephone using the details provided. (020 7078 4214 or contact@eatoo.co.uk)

Cancellation and refunds

Subject as stated in these Terms and Conditions, you can cancel the contract within 2 days without giving any reason.

The withdrawal period will expire after 2 days from the day on which or a third party you nominated and who is not the carrier of the Goods.

In order to exercise the right of withdrawal, you shall inform us (020 7078 4214 or contact@eatoo.co.uk) of your decision to withdrawal the Order from the Contract.

You can cancel the Order except for any Goods which are made to your special requirements (THE RETURNS RIGHT) by telling us no later than 2 days calendar days from the day of the Contract was entered into.

Returns ('Dry' Non-Perishable Goods only)

If you wish to return any 'Dry' non-perishable products, please notify us within 24 hours of receiving your delivery. Returns must be made at your own cost within 2 days of receiving your delivery. Please note that we can only accept the return of 'Dry' non-perishable products - we cannot accept returns of any fresh or frozen products. Returns must be received in their original condition.

If you wish to change or cancel your order, please contact our Customer Care team (020 7078 4214 or contact@eatoo.co.uk) as soon as possible.

CONSEQUENCES OF WITHDRAWAL

When you withdraw from this Contract ,we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs resulting from your decision to use a different delivery method) without any undue delay and within no more than 2 days after receipt of your notification of withdrawal. For this refund we will use the same payment that you use for the original transaction, unless expressly agreed otherwise with you.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligations.

Upon delivery, the Goods will:

1. be satisfactory quality
2. be reasonably fit for any particular purpose
3. conform to their description

Food and menus

We copy the item names, descriptions, prices, heat and allergy warnings and other information from the food/product provided to us by our Partner Restaurants. Our Partner Restaurants bear sole responsibility for providing this information to us and ensuring that it is accurate and up-to-date, and we undertake no such responsibility.

We recommend that you contact us directly before ordering if you are concerned about any allergy warnings or other Menu Information. For the avoidance of doubt, we do not guarantee that any Food sold by us and delivered by us are free of any allergens.

Changes to the website

We will do our best to ensure that the information on our website is timely and up to date.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence , as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extend permitted by law, accepts no liability for any of the following:

• any business losses, such as profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
• loss or corruption of any data, database or software;
• any special, indirect or consequential loss or damage.

Access to the service

We will not be liable to you if for any reason the Service is unavailable at any time, or for a period of time, for any reason. Access to all or part of the Service may be restricted to users who have registered with us.

You must treat as confidential any user identification code, password or other information that is part of our security procedures. You must not disclose such information to any third party. We may disable any such information at any time if, in our view, you have failed to comply with any provision of these Terms.

You bear responsibility for ensuring that any person accessing our Services through your internet connection are aware of and comply with these Terms.

Prohibited use

You may not use the Website for any of the following purposes:

• in any way which causes, or may cause, damage to the Website or interferes with any other persons use or enjoyment of the Website;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links from the service

From time to time we may provide links on our Service to other third parties. These links are provided for information only. We have no control over the content of other websites, and we cannot be liable for any direct or indirect losses you incur through using other websites that our Service links to. We make no guarantees or warranties in respect of any products you may purchase from such websites.

This disclaimer does not affect your statutory rights against any third parties.

Viruses, hacking and other offences

We will not be liable for any loss or damage caused to you by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer software, data or other proprietary material due to your use of the Service or your downloading any material posted on it, or any website linked to it.

Events outside our control

We will not be liable for any failure to perform or delay in the 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, lockouts 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.
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any 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.

Waiver

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

Each of the paragraphs of these Terms operates separately. If any provision or part-provision of these Terms and/or any provision of the Contract is, or becomes, invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and/or the Contract.

Entire agreement

These Terms and Conditions and any document expressly referred to in them contain the entire agreement between the Parties relating to the subject matter of it and supersedes all prior agreements, arrangements and understandings between the Parties relating to that subject matter of any Contract.

In entering into the Contract and agreeing to be subject to these Terms, neither of the Parties rely on any statement, representation, assurance or warranty (“Representation”) by any person other than as expressly written in these Terms.

The Parties agree that the only rights and remedies available to them as a result of or in connection with a Representation shall be for breach of contract as provided by these Terms.

Nothing in this clause shall limit or exclude liability for fraud.

Third party rights

A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists or is available apart from that Act.

Law and jurisdiction

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Website or use of our services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes or claims.

Referral programme

The Promoter is EATOO LTD., 4 Harbour Exchange Square, London E14 9GE United Kingdom.

The Promotion period begins from March 2020 and will continue until it is revoked by us.

This Promotion is open to selected EATOO users ('you/user') aged 18 or over who have completed at least 1 EATOO order.

Simply share your unique link with a friend or relative (aged 18 or over) who you think would benefit from the Eatoo service (referral). For every person that you have referred, who then goes on to place an order with Eatoo using that unique link, you will receive an amount in Eatoo credits as stated in the promotional materials. The friend or relative must not live at the same address as you.

Subject to the usual order conditions, the EATOO credit can be used against both menu items and delivery charges from any products within the users’ country of residence for a period of three months from the date of issue, after which time they will have no value. There will be a processing time of up to seven days after the date of a successful referral before credits will be applied to your account. Credits have no cash value and are non-transferable.

There is no maximum of names that you can recommend, subject to the above criteria. We reserve the right to change the maximum number of referrals at any time.

Any attempt to manipulate the system and use of credits by use of bulk entry via third parties or syndicates, macros, 'script', 'brute force', masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the credits invalid and may potentially lead to that account being closed down.

Before you submit the name and email of anyone to us, please ensure that you have obtained their permission. We will use the personal details of the friend or relative supplied for the administration of this promotion and introductory emails about EATOO products and services. Please see our main privacy policy:

https://www.eatoo.co.uk/pages/legal

If for any reason a credit becomes invalid due to technical failures or any other causes beyond the control of EATOO, or a product becomes unavailable, EATOO reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the Promotion and not re-issue any additional credits affected customers.

By redeeming the credits, customers agree to release EATOO from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or with the acceptance or possession of any purchase of menu items and / or delivery charges (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).

EATOO reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.

No responsibility is accepted for referrals that are lost, corrupted or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.

Unique codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via social media where you are the primary content owner. Public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed.

All food items are subject to availability.

By taking part in this promotion you will be deemed to have accepted and be bound by these terms and conditions.

EATOO delivery terms and conditions apply – please see:

https://www.eatoo.co.uk/pages/legal

This promotion will be governed by the laws of England and the exclusive jurisdiction of the English courts.

EATOO PLUS+ SUBSCRIPTION Availability

EATOO PLUS+ subscription is only available if you have a residential and/or work address within 5 miles from WC1 and you are aged 18 and over. However, UK and non-UK residents aged 18 and over can order EATOO PLUS+ subscription for someone else as a gift, provided that the person who the gift is for has a residential and/or work address within the 5 miles. We are unable to deliver parcels where delivery requires access to flats and apartment blocks. Delivery can only be made to ground floor access points.

(a) EATOO PLUS+ subscription entitles you to receive delivery to your chosen address within the 5 miles radar (either a residential address or a work address), on the days that you have selected, for the duration of your subscription.

Your subscription is personal to you and non-transferable, except where you place an order for a subscription in someone else’s name as a gift. In these circumstances, you will have to pay the subscription fees in accordance with section 5 below.

Delivery

Delivery will take place between 12pm and 10:30pm (Monday to Saturday) at the address that you specify to us when you place your order for EATOO PLUS+ subscription. Please note that if your parcels are delivered to the concierge within your building, as applicable, the time that you receive your parcels from the concierge is outside our control.

USE OF THIRD PARTIES, PRIVACY AND USE OF DATA

We may use third parties to assist in the provision and fulfilment of any part of the subscription service on our behalf. We may pass your personal information provided by you to such third parties but only for the purposes of providing the subscription service to you. Your personal information will be dealt with in accordance with our privacy policy. You can read our Privacy Policy for details regarding how we use your personal information.

SUBSCRIPTION PERIOD

Once you have placed an order for a subscription, the subscription will continue unless and until it is ended by either of us in accordance with the provisions of section 8 below.

Please note that a minimum term may apply to the subscription. This will be specified in the relevant advertisement or promotion for the subscription.

We guarantee not to increase the rate we charge during your subscription. If after this duration we change the price of your subscription, the provisions of section ‎7 below will apply.

We reserve the right to withdraw or change any subscription at any time. This will not affect any subscription that you have already paid for, unless for some reason we are withdrawing a subscription due to our inability to fulfil that subscription, in which case the provisions of section ‎8 below will apply.

PAYMENT

You agree to pay the subscription price for the subscription package you have elected to purchase. You can get details of our prices at Frequently Asked Questions or by telephoning our customer services team (details in section ‎10 below).

You must provide us with complete and accurate payment information.

Payment for your subscription can be made by direct debit, credit or debit card. Payment is on a rolling basis and your subscription will automatically continue unless and until terminated in accordance with section 8 below.

AMENDING SUBSCRIPTIONS

Subject to section ‎8 below, you may change your subscription package by contacting our customer services team (details in section ‎10 below).

RENEWAL OF SUBSCRIPTION

There is no need to renew your subscription as it will automatically continue unless and until your subscription is cancelled in accordance with the provisions of section 8 below. We will continue to take payment by means of your direct debit, credit or debit card (as applicable) at the agreed frequency. If we change the subscription price, we will inform you of this with at least 10 working days’ notice (or such other length of notice as is required by the Direct Debit guarantee from time to time) so that you can choose whether or not to cancel your payment. You will continue to be participate of EATOO PLUS+ (as applicable) until you cancel your credit/debit card payments or your direct debit (as applicable).

REFUNDS AND CANCELLATION

You have the right to cancel your subscription without giving any reason by clearly informing our customer services team using the contact details in section 10 below, or by completing the cancellation form found here and returning it to us by the end of 14 days after the day on which you acquire (or the recipient of a gift subscription acquires) physical possession of either:

(a) the first day of your subscription (if you have EATOO PLUS+ subscription);

You can also electronically fill in and submit the model cancellation form. If you use this option, we will communicate to you an acknowledgment of receipt of such cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Any refunds will be made to the account or debit or credit card from which the subscription fees are taken; in any event you will not incur any fees as a result of the reimbursement.

If you have EATOO PLUS+ subscription and you wish to cancel after the end of the applicable minimum subscription period, we will require one month’s notice to expire on or after the end of the applicable minimum subscription period.

Other than where you cancel during the 14-day period referred to above, cancellation can only be made by calling our customer service team (see details in section 10 below).

Other than in the circumstances described above, we are unable to refund payment unless:

(a) we are unable to fulfil your subscription. If this is the case, you may obtain a proportionate refund for the unexpired part of your current subscription;

(b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund; or

(c) you qualify for a ‘holiday’ refund.

If you have a query about obtaining a refund, please contact our customer services team (details in section ‎10 below).

If your subscription ends or is cancelled for any reason, you will no longer have access for the benefit from EATOO PLUS+, from the point at which your subscription ends or is cancelled.

We may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you, or, in the case of a EATOO Plus+ subscription if you change your address for delivery to an address that is outside the 5 miles radar. We will make all reasonable efforts to contact you, before your subscription is cancelled.

OUR RESPONSIBILITY TO YOU

We shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control. We are however under a legal duty to supply goods that are in conformity with our contract with you.

We shall not be responsible for any failure to deliver your subscription if you have supplied us with an incorrect address for delivery.

Our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current subscription period (being in all cases a maximum of 12 months). We exclude all other liability to you to the extent permitted by law. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

CUSTOMER SERVICES

If you have a query or complaint about subscriptions, please contact us using any of the contact details below:

Phone: 020 7637 7773 Monday to Friday 11am-9pm, Saturday 11am-8pm Address: Eatoo, Ground Floor, 4 Harbour Exchange Square, London E14 9GE