General Terms and Conditions for Customers
The present 'General Terms and Conditions for Customers' are applicable to the provision of Services by Just Eat Takeaway.com to their Customers. These do not apply to Businesses (as defined below but including Restaurants and Stores) for which the terms contained in the Just Eat Takeaway.com Restaurant Agreement will apply.
Use of Customer personal data submitted to Just Eat Takeaway.com via the Platform is governed by the Privacy Statement and Cookies Policy.
Definitions
Offer: the range of products and services generally offered by the Business that can be ordered by the Customer through the Platform.
Order: a binding order placed by the Customer with the Business through the Platform as regards the Offer selected by the Customer.
Customer: a natural person who has reached the age of 18 or a legal entity placing an Order through the Platform.
Consumer: a natural person of at least 18 years of age and legally capable of entering into binding contracts that concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Agreement: an agreement between the Customer and the Business regarding an Order and the delivery or collection of the Order.
Platform: the website(s), apps, tools and other equipment of Just Eat Takeaway.com and its business partners on which the Service is made available.
Business: a company listed on the Platform that makes available, sells, prepares, packages, picks and/or serves products and related items and uses the Platform for the establishment and payment of the Agreements.
Business Information: the information about the Business with regard to, among other things, the trader and their contact methods, the products and services made available within their Offer ( for example, allergens, nutritional information, and ingredients) , prices for each individual product (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts, and other information about the Business.
Age Restricted Item: any product with a minimum legal age requirement including but not limited to, for example, an alcoholic product.
Service: the commercial services and/or activities that are offered to the Customer by Just Eat Takeaway.com, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Business.
Stamp Card Program: a loyalty program that enables Customers to collect stamps from participating Businesses on a virtual stamp card and for which the “Special Terms and Conditions for Stamp Card Program” apply.
Just Eat Takeaway.com: JUST EAT.dk ApS, acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with Takeaway.com Group B.V.
Tip: voluntary gratuity paid by a Customer in addition to the Agreement and that is intended for the courier delivering the Order.
Identity of Just Eat Takeaway.com
Just Eat Takeaway.com is operating under the name ‘’Just Eat’ in Denmark:
Address principal place of business:
Lyngbyvej 20, 2
2100 København Ø
Correspondence address:
Lyngbyvej 20, 2
2100 København Ø
E-mail: [email protected] Tel.: +45 70 20 86 84
Applicability of the General Terms and Conditions
1. The present General Terms and Conditions for Customers are only applicable to the Service. Just Eat Takeaway.com is not responsible for the Offer. As the case may be, the general terms and conditions of the Business shall be applicable to the Offer in addition.
2. By placing an Order, the Customer concludes an Agreement directly with the Business for delivery of the Order selected by the Customer. Just Eat Takeaway.com’s role is to broker Agreements between Customer and the Business.
3. Unless otherwise indicated, individuals (including Customers) need to be at least 18 to use the Services and the Platform.
Changes to these Terms and Conditions
1. Just Eat Takeaway.com may make some changes to these General Terms and Conditions for Customers but, in case of any significant change, Just Eat Takeaway.com will inform the Customer in advance of such changes becoming effective, unless the changes are required by applicable law.
2. If the Customer does not accept the changes, they should not use the Platform.
3. Please be aware that Customer’s continued use of the Platform after the effective date of the proposed changes will constitute their acceptance of the revised General Terms and Conditions for Customers.
The Offer
1. Just Eat Takeaway.com publishes the Offer on behalf of the relevant Business on the Platform, in accordance with the Business Information supplied by the Businesses. Just Eat Takeaway.com does not accept any responsibility or liability for the contents of the Offer and the Business Information on the Platform, nor that the Business Information is complete or accurate. Just Eat Takeaway.com may make changes to the material (including the Business Information) on or the functionality of the Platform at any moment without notice.
2. The Business may use ingredients and additives of meals and drinks that could cause allergies and intolerances. Just Eat Takeaway.com always provides the Customer with the relevant product information provided by Businesses. However, in some cases the information displayed may be incomplete, automatically generated and/ or not validated as accurate by the Business as yet. If a Customer is allergic to or intolerant of any foodstuffs, it is the Customer’s responsibility to contact Customer Service or the Business for current allergen information and verify that the product is suitable for the Customer before placing an Order. The Customer acknowledges and agrees that Just Eat Takeaway.com is relying on the Business to provide correct ingredients and additives of meals and drinks and as such has no liability in respect of the same.
3. Just Eat Takeaway.com presents all Business Information in such a way that it is clear to the Customer what his rights and obligations are after having accepted the Offer.
The Agreement
1. The Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Buy now', ‘order’ or similar button during the process of placing an Order through the Platform. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed pursuant to article 7 below, or in case the Business cancels your Order.
2. After receipt of the Order, Just Eat Takeaway.com will electronically confirm the Order to the Customer.
3. Where the Customer has not logged in or created an account previously, the Customer may have the option to continue with their Order as a guest. By completing the Order as a guest, the Customer agrees that Just Eat Takeaway.com will create a temporary Just Eat Takeaway.com guest account which will, unless otherwise stated in these General Terms and Conditions, be accessible only (a) from the device which the Customer uses to place the Order; and (b) for a period of up to twelve months following the date of the Order. The Customer’s access to their temporary guest account will expire on the ‘’Expiry Date’’ which shall be the earlier of (i) the date falling six months after the date on which the Customer last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; or (iii) the date on which the Customer logs out of their temporary guest account, or clears the cache on the device which the Customer used when the temporary guest account was created.
4. Customer acknowledges and agrees that the Agreement can only be executed by the Business if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the contact, address and payment data supplied or mentioned to Just Eat Takeaway.com or the Business.
5. With respect to information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Business and Just Eat Takeaway.com.
6. If the Customer decides to have the Order delivered, the Customer must be present at the delivery address given by the Customer when placing the Order in order to accept the delivery of the Order. If the Customer is not present at the delivery address when the Order is delivered, and the Order is being delivered by Takeaway.com (rather than the Business itself) Takeaway.com will make reasonable efforts to contact the Customer in order to determine where to leave the Order. If Takeaway.com is unable to contact the Customer, Takeaway.com may leave the Order at a reasonable location outside, close to the delivery address. Takeaway.com will not be responsible for the Order (including the quality or safety of the contents of the Order when the Customer finds it) after delivering the Order. Please note that when the Business is delivering the Order itself, rather than using Takeaway.com's delivery services, the Business will decide whether to leave the Order outside the delivery address if the Customer is not present.
7. If the Business that you place your Order with receives delivery services provided by Just Eat Takeaway.com, Just Eat Takeaway.com may charge the Customer a delivery fee and/or a service charge. The delivery fee and service charge applying to the Order may vary depending on a number of factors, including location, the Business selected, and the value of the items in the Order, but these costs will always be shown on the Platform separately from the costs for the items offered by the Business in a way noticeable before a Customer places an Order. A receipt for the delivery fee and service charge can be requested with Just Eat Takeaway.com.
8. If the Customer decides to collect the Order from the location of the Business, the Customer must collect the Order at the selected time at the collection location of the Business, as indicated in the confirmation email, text message or on the Just Eat Takeaway.com website.
9. Times for delivery and collections are provided by the Businesses and are only estimates. Neither Just Eat Takeaway.com nor the Businesses guarantee that Orders will be delivered or available for collection within the estimated times.
10. Upon delivery or collection of the Order, the Business may ask for identification if the Order contains Age Restricted Items. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Business will refuse to deliver or hand out the Age Restricted Items to the Customer. In this case, cancellation costs may be charged to the Customer.
11. Just Eat Takeaway.com is not a party to and does not accept any liability relating to the execution of the Agreement. In particular, Just Eat Takeaway.com does not assume any responsibility if the Order is of satisfactory quality or suitable for the purpose the Customer ordered it for.
12. The Customer may at Customer’s sole discretion choose to provide a Tip to a courier via the available online payment methods.
13. The Tip is intended for couriers, and can neither be considered as payment for the Agreement, nor for Services of Just Eat Takeaway.com. Just Eat Takeaway.com will thereby only act as a trustee and transferor of the Tip.
14. Just Eat Takeaway.com will transfer the Tip to the couriers in case those are directly engaged via Just Eat Takeaway.com. In case a courier is not engaged via Just Eat Takeaway.com but directly by the Business, Just Eat Takeaway.com collects the Tip as commercial agent for the Business and transfers the Tip to the Business and obliges the Business to pay-out the Tip to the courier. Just Eat Takeaway.com can neither guarantee nor be held responsible for the transfer of the Tip from the Business to the courier.
15. After the Customer has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.
7. Dissolution of the Agreement and cancellation of the Order
1. Without prejudice to the Customer’s rights in section 7(2) (which shall continue to apply), Customer’s entitlement to dissolve the Agreement will depend on the Offer. In particular, where the goods contained in the Offer are perishable or otherwise meet any of section 7(1), the Customer shall not be entitled to dissolve the Agreement. Orders cannot be cancelled by the Customer with Just Eat Takeaway.com. Cancellation of the Order with the Business is only possible by the Customer if the Business explicitly indicates that Cancellation of the Order by the Customer is possible.
2. The Business is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure. Just Eat Takeaway.com encourages the Businesses to execute all Orders and to communicate any cancellation promptly, but Just Eat Takeaway.com does not guarantee that the Businesses do so and assumes no liability for the cancellation of an Order by the Business.
3. If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, Just Eat Takeaway.com shall be entitled to prohibit Customer from placing any future Orders via the Platform.
4. Just Eat Takeaway.com is entitled to refuse Orders and cancel Agreements on behalf of the Business, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, Just Eat Takeaway.com may report this to the police.
8. Right of withdrawal from the Agreement
A Customer that is a Consumer cannot revoke the Order vis-à-vis the Business as far as the delivery of goods is concerned,
(i) where the goods are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
(ii) where the goods can spoil quickly or whose expiration date would be exceeded quickly;
(iii) where the goods are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
(iv) if the goods were inseparably mixed with other goods after delivery due to their nature.
For the part of the Order that does not fall under the above-mentioned exclusions, the Consumer has a right of revocation.
Cancellation
Right of withdrawal
You have the right to cancel the contract with the Business within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must send a clear statement (eg a letter but preferably an e-mail) to Just Eat Takeaway.com (Address: Lyngbyvej 20, 1, 2100 København Ø E-mail: [email protected]) about your decision to cancel the Agreement. You can use the attached model withdrawal form, which is not required.
In order not to exceed the cancellation period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you revoke the Agreement, the Business has to return all your payments, including delivery costs (except for the additional costs that result from you selecting a different type of delivery than the most favourable standard delivery offered by us), immediately and no later than fourteen days from the day on which the notification of your cancellation of the contract has been received by us. For the repayment, the Business uses the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for repayment fees.
The Business may refuse to repay until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods
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Model withdrawal form
(If you want to cancel the Agreement, please fill out this form and send it back to us.)
to [details to be included]
I / we (*) hereby revoke the Agreement concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
name of the consumer (s)
address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
(*) Delete as appropriate.
9. Payment
1. All prices shown in the Offer are inclusive of VAT. In case delivery costs apply, such costs will be set out separately and inclusive of VAT. Delivery costs will not be charged if the Customer chooses collection of an Order.
2. At the moment the Agreement is concluded in accordance with the provisions of article 6.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Business for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Business at the door or at the collection location. The available online payment methods are indicated to the Customer at the time of placing the Order.
3. Subject to the provisions of article 7 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.
4. The Business has authorized Just Eat Takeaway.com to accept the Customer’s online payment on behalf of the Business.
5. A credit or discount may be applied to the Order if the Customer uses a valid promotional voucher or code endorsed by Just Eat Takeaway.com and issued for use in connection with placing Orders via the Platform. Vouchers or codes may only be redeemed via online payment. The possibility to redeem a voucher or code will be indicated in connection with the displayed payment methods. If the voucher number or code entered by the Customer is valid, the value of the voucher or code will immediately be credited against the total amount of the Order and deducted prior to payment.
6. In case the Customer has elected to participate in the Stamp Card Program, subject to the Special Terms and Conditions for Stamp Card Program, the Customer may redeem a Stamp Card Voucher as described in article 9.5 above.
10. Recommender Systems
On the Platform, Takeaway.com uses recommendation systems to display information that helps Customers to discover relevant partners and offers. Further information on the recommendation systems that Takeaway.com uses, and how these systems operate can be found here.
11. Customer’s Use of the Platform
1. Terms of permitted use: The Customer is permitted to use the Platform and print and download extracts from the Platform for your own personal non-commercial use on the following basis:
2. The Customer must not misuse the Platform (including by hacking or \"scraping\").
3. Unless otherwise stated, the copyright and other intellectual property rights on the Platform and in material published on it (including without limitation photographs and graphical images) are owned by Just Eat Takeaway.com or its licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these General Terms and Conditions for Customers, any use of extracts from the Platform other than in accordance with article 11.1 is prohibited.
4. The Customer must not modify the digital or paper copies of any materials that the Customer prints off in accordance with article 11.1 and the Customer must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
5. The Customer must ensure that Just Eat Takeaway.com’s status as the author of the material on the Platform is always acknowledged.
6. The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a licence from Just Eat Takeaway.com to do so.
7. Limitation on use: Except as stated in article 11.1 above, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without Just Eat Takeaway.com’s prior written permission.
8. Reservation of rights: Any rights not expressly granted in these Terms and Conditions for Customers are reserved.
12. User-Generated Content
1. Any material other than personally identifiable information, which is transmitted or published (post) or uploaded (upload) by a user (including Customers) on this Platform (including, by way of example and not limited to, any feedback in the form of ratings, comments and/or reviews on the Platform (together, "Reviews")) is considered non-confidential (hereinafter the "User Content").
2. By posting, uploading or transmitting any User Content, you, the Customer, represent and warrant that you own or otherwise control all of the rights in and to the User Content and that you are solely responsible for such content. You agree that Just Eat Takeaway.com and anyone Just Eat Takeaway.com designates will be free to copy, disclose, distribute, incorporate and otherwise use any User Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
3. The Customer is prohibited from posting, uploading, or transmitting to or from the Platform, any User Content (including Reviews) that:
(a) is in violation of any applicable local, national or international law;
(b) is unlawful or deceptive;
(c) amounts to unauthorized advertising;
(d) contains viruses or any other harmful programs; or
(e) is in breach of Just Eat Takeaway.com’s policies, including but not limited to the Review moderation policy available in the Help Centre, here.
4. The Customer is responsible for ensuring that their User Content complies with Just Eat Takeaway.com’s policies and these General Terms and Conditions. Just Eat Takeaway.com uses a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and Just Eat Takeaway.com reserves the right to moderate (which may include removing) any content that Just Eat Takeaway.com deems to be in violation of its policies, these General Terms and Conditions or applicable law. The list of prohibitions in article 12.3 above is not exhaustive and Just Eat Takeaway.com may moderate User Content which is otherwise objectionable or may expose Just Eat Takeaway.com or any other third party to prejudice or liability of any kind or for any other reason.
5. Reporting and Take Down: You, the Customer, are encouraged to report any content that you believe violates Just Eat Takeaway.com’s policies or these General Terms and Conditions. Just Eat Takeaway.com will review all reported content and take appropriate action, which may include removing the content or suspending the user who posted, transmitted or uploaded the content.
6. More information on Just Eat Takeaway.com’s policies and measures around content moderation is available in the Help Centre, here. This article also explains how to report content on the Platform or appeal a moderation decision (which can include Just Eat Takeaway.com’s decision not to take action), how Just Eat Takeaway.com manages these requests and handle user’s misuse of related processes.
7. Use of User Content: User Content contained on the Platform are for informational purposes only and do not constitute a recommendation by Just Eat Takeaway.com. Reviews and other User Content reflect the views of customers who have ordered through the Platform or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, Just Eat Takeaway.com assumes no responsibility or liability to any person in connection with any Reviews or other User Content, including, without limitation, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such contents.
8. Cooperation with Law Enforcement: Just Eat Takeaway.com will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about Customers or other users who have posted, uploaded or otherwise transmitted illegal content or content in violation of Just Eat Takeaway.com’s General Terms and Conditions.
9. Your liability for User Content: Just Eat Takeaway.com is not responsible for the content that is uploaded by users (including Customers). Just Eat Takeaway.com does not endorse or approve any user-generated content. You, the Customer, agree to indemnify Just Eat Takeaway.com for any loss, damage or claim (and all related costs) incurred by Just Eat Takeaway.com or asserted against it by a Business or other party third party and which arise out of, or in connection with, any User Content provided by you in violation of any representations, warranties, undertakings or restrictions set forth in this article 12.
13. Complaints settlement
1. Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with and for receipt by the Business. The sole responsibility for the Offer of the Business and the performance of the Agreement lies with the Business. Just Eat Takeaway.com may only assume a mediating role.
2. If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the Just Eat Takeaway.com customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.
3. Once the complaint has been received by Just Eat Takeaway.com, the latter shall respond as soon as possible, but not later than within one week, with a confirmation of receipt. Just Eat Takeaway.com aims to handle the complaint as soon as possible, but not later than within two weeks.
4. Complaints as described in sections 1 and 2 of this article must be filed by the Customer promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Business (section 1) or Just Eat Takeaway.com (section 2).
5. The European Commission manages an Online Dispute Resolution (ODR) platform. This platform can be found on http://ec.europa.eu/odr. Just Eat Takeaway.com explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of Just Eat Takeaway.com is [email protected].
14. Professional Liability Insurance
1. Just Eat Takeaway.com effects a professional liability insurance with:
Chubb European Group SE
The Chubb Building 100 Leadenhall Street London
EC3A 3BP
Arranged by:
Aon UK Limited
3rd Floor Grosvenor House 65-71 London Road Redhill
RH1 1LQ
The professional liability insurance is applicable all over the world, with the exception of the United States of America and Canada.
15. Newsletter
1. When placing the Order, the Customer may also elect to subscribe to the newsletter. The Customer can unsubscribe from this newsletter at any time through https://www.just-eat.dk/en/myaccount/my-details or by contacting the customer service by using the contact data as mentioned under 'Correspondence Address' in article 2 of these General Terms and Conditions for Customers.
16. Inspection and correction of stored personal data
1. Just Eat Takeaway.com shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.
17. Liability of Just Eat Takeaway.com
1. Just Eat Takeaway.com assumes no liability whatsoever in relation to the availability of the Platform, the Offer, the correctness and completeness of the Business Information, or the execution of the Agreement. Customer acknowledges and agrees that the transmission of information via the internet is not completely secure. Just Eat Takeaway.com does not guarantee the security of your data transmitted to the Platform; any transmission is at the Customer’s risk.
2. Otherwise, Just Eat Takeaway.com is liable to Customers as follows:
(a) Nothing in these General Terms and Conditions for Customers excludes or limits Just Eat Takeaway.com’s liability for death or personal injury, fraud or fraudulent misrepresentation, intent or any other liability which cannot be excluded or limited by applicable law.
(b) Subject to article 17.1, Just Eat Takeaway.com shall under no circumstances be liable to Customer for any (i) indirect or consequential loss, (ii) loss of profit, sales, business or revenue, (iii) loss or corruption of data, information or software, (iv) loss of business opportunity, (v) loss of anticipated savings, or (vi) loss of goodwill.
3. Subject to articles 17.1 and 17.2, Just Eat Takeaway.com’s liability to Customer for all other losses arising under or in connection with the use of the platform by Customer shall not exceed the amount of the Order in relation to which the loss arose.
18. Other Provisions
1. These General Terms and Conditions for Customers are governed by the laws of Denmark under exclusion of the UN Convention on the International Sale of Goods. Any legal proceedings brought against Customer by Just Eat Takeaway.com or vice versa arising out of or in connection with these General Terms and Conditions for Customers shall be subject to the exclusive jurisdiction of the courts of Denmark by observing any mandatory provisions on the exclusivity of venues.
2. Should any provisions of these General Terms and Conditions for Customers be invalid, unlawful or unenforceable to any extent, then this shall not affect the effectiveness of the remaining terms, conditions and provisions in relation to the Services, or the conclusion of an Agreement, all of which will continue to be valid to the fullest extent permitted by law.