FastEat Terms and Conditions May 2019
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us.
These Terms and Conditions will apply to the purchase of food and beverages by you (the Customer or you) through our platform. We are The Fast Food Delivery Company Ltd, a company registered in England and Wales under number 11227057 whose trading name is “FastEat” and the registered office is at 32 Thornbridge, Washington, NE38 8TJ.
These are the terms on which we provide our services to you. By placing an order, you agree to be bound by these Terms and Conditions. You can only use the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual placing an order through our Platform for food and/or beverages;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Consumer’s premises or other location where the food and beverages are to be supplied, as set out in the Order;
Food and Beverages means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from FastEat as submitted following the step by step process set out on the Website;
Services means the services provided on the Website, including any food and/or beverages, of the number and description set out in the Order;
Website means our website FastEat.biz on which the Services are advertised.
The description of our Services and any Goods is as set out in the website, apps, catalogues, brochures or other form of advertisement. Any description is always for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
The Website and the FastEat Apps are a third-party marketplace for customers (“Consumers”) to view and place orders for food, beverages, and general items for pick- up and/or delivery services in connection therewith, with participating restaurants and retailers (the “Restaurants”). FastEat provides order placement services only. FastEat is not a merchant of food or beverages and does not control the Restaurants or the production of any food or beverages.
The Restaurants have entered into agreements to comply with UK laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. FastEat, including the Website FastEat.biz and the FastEat apps, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the FastEat Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. FastEat, including the Website and the FastEat Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws.
In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; FastEat does not investigate or verify any such representations. FastEat shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the FastEat Services).
We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify FastEat of all complaints or concerns that you might have regarding the Restaurants.
Disclaimers and Limitation of Liability
To the extent permitted by law, FastEat provides this Site and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.
Subject to the previous paragraph, neither FastEat nor any directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.
Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
Personal information and Registration
When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in the termination of your membership.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Orders, order processing and deliveries
FastEat’s service is available throughout the UK, but will only be available when we have a delivery driver available in your area. Each driver has a prescribed delivery area. This is to ensure that your meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. Our system will not accept orders from individuals to an area in which we do not have driver cover. Operating hours will vary depending on local trading conditions and the availability of our drivers. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu, which will if driver available will provide you with the option to submit your order to your chosen restaurant.
1. All customers will be required to register online and all customer details will be stored electronically to help process future orders efficiently and quickly. We are bound by the Data Protection Act and no information will be passed on or sold to a third party.
2. By placing an order with us, you understand and acknowledge that FASTEAT delivers food, beverages and other items obtained from third parties for and on behalf of the customer, and as such FASTEAT is solely a courier delivery agent and are not directly affiliated with such restaurants.
3. FASTEAT accepts no responsibility / liability whatsoever for the quality, quantity or content of any meals or goods delivered. Due to health and safety reasons, we do NOT permit our drivers to open and check the packaging to confirm items or content. Full responsibility, therefore, lies with restaurants to send out the correct items. If there are any issues, you must take this up with the restaurant. We will be happy to provide you with relevant order/receipt numbers to help.
4. The minimum order amount is £10 (not including any delivery charges or handling fees) but could be higher on certain menus, check the individual restaurant for details.
5. We always aim to dispatch and deliver orders as quickly as possible and usually we can have your food to you within 20-30 minutes. To be on the safe side we always ask that you allow 45 – 60 minutes for normal delivery times. At peak times, the delivery may take longer. Our drivers will inform you if your delivery time will fall outside of these times.
6. We cannot bring forward or prioritise your order over other orders, as that would be unfair to other customers.
7. If any items of an order are unavailable, at the discretion of FASTEAT, we will choose the nearest available alternative, if none are available, we will refund the price of that item(s) as part of our normal refund process.
8. After placing an order with us, you will receive an app push notification from us acknowledging that we have received your order.
9. This does not mean that we have accepted your order, but it does constitute an offer for us to deliver the items you have ordered.
10. All orders are subject to acceptance by us, and we will confirm such acceptance when we pass the order to the nearest available driver for service. In the event we cannot accept your order, we will contact you using the telephone numbers you provided when placing the order, or registering your details when placing your first order.
11. The contract will be formed between us when we have placed and paid for the order with the restaurant in question.
12. We do not accept order cancellations once the food has been purchased and we will still attempt to deliver the food as normal. We do accept cancellations up until the point of our delivery driver purchasing the food from the restaurant. You can cancel from within your customer app up until this point. Once the driver has confirmed the collection of the food, this option will not be available any more.
13. Please, check your order thoroughly before accepting it, as it is difficult to rectify mistakes later.
14. FASTEAT takes no responsibility for missing or incorrect items given to us by the restaurants, however, we will always look to rectify the situation at our discretion.
15. We will always try our utmost to get the restaurant to rectify errors they have made, but cannot take responsibility if the restaurant is not willing to rectify their mistakes or issue a refund.
16. The restaurant in question may choose to re-cook the food or provide the missing items. We can re-deliver these items on the basis that they pay the delivery charge to deliver the items in question to yourself. We may waive this charge but this is entirely at our discretion.
17. If the restaurant is unwilling to get the item re-delivered and chooses to provide a refund instead, we will happily pass this back to you as a refund to you by the same method of original payment once we have received the refund from the restaurant.
18. In the event the mistake has been made by us (i.e. if we have ordered the incorrect item/items), we will either replace the item for you or credit/refund the amount of the incorrect item.
19. Please note: Any refunds due, will be made within 48 hours, or at a mutually suitable time as agreed between you and the shift manager on the day.
20. For complaints regarding the quality of food supplied by a restaurant, customers are advised to contact the restaurant concerned direct. FASTEAT is only a delivery service agent and although we may take up a complaint on behalf of the customer we do not, however, offer compensation or replacements in such events.
21. We operate a zero violence tolerance policy, and will not accept any verbal or physical abuse to our staff or drivers.
22. Any such incidents will be reported to the police and will be prosecuted to the full extent of the law
Alcohol and Tobacco
We are bound by the licensing law to adhere to & implement to the following conditions below and you acknowledge that:
1. By placing an Order for alcohol and/or tobacco you warrant that you are legally capable of entering into a binding contract and are at least 18 years old and that the individual who meets the Driver on delivery of the Order is at least 18 years old.
2. Alcohol and/or tobacco will only be delivered to a residential address or business address, and the customer must be clearly resident inside the building and not standing in the entrance or the grounds/garden. Alcohol will not be delivered to a person on a street corner, a park, the beach or a bus stop etc.
3. That alcohol and/or tobacco will only be delivered to the person who made the order and proof of age will be a mandatory requirement on delivery, regardless of age. Failure to show the required form of ID will result in the refusal of the alcohol and a refund of that part of the order which relates to alcohol only.
4. Passports and UK driving licences with a photograph or Portman Group proof of age cards bearing the PASS. mark hologram is the only sufficient forms of ID that will be accepted.
5. FASTEAT has a policy whereby any person attempting to buy alcohol or tobacco who appears to be under 18, will be asked for photographic ID to prove their age.
6.Failure to show suitable proof will result in refusal of delivery or refusal of handing over of age-restricted goods to the customer.
7. In the event that we refuse the delivery of any alcohol in accordance with paragraph 5, the Order will be cancelled and a cancellation fee in an amount equal to the delivery and handling fees for the driver plus our restocking fee of £7.50 with the retailer, as compensation for the net costs we will incur as a result of your breaching these terms, will be charged to you and the remaining balance (less the cancellation charge) of your order will then be reimbursed to your credit or debit card used to make the Order.
8. Alcohol and/or tobacco may be delivered on its own, without an accompanying food order, in which case the total cost of alcohol in the delivery must not exceed £35 in total (not including delivery or handling charges). There can only be one delivery of the maximum of £35 alcohol limit to an address within a 24-hour period.
9. FASTEAT will maintain a record of sales and deliveries containing the following information:-
A. A list of the individual items delivered.
B. The delivery address.
C. The method of payment.
D. The name, address and telephone number of the person ordering the alcohol.
E. The date and time of the order and delivery.
Abuse & assaults on drivers will be not be tolerated and anyone responsible will be reported to the police & prosecution charges imposed.
We reserve the right not to deliver:
– Outside our operating / delivery times
– Outside our delivery zone
– In dangerous weather/driving conditions
– To unregistered addresses and customers
– To customers, we deem to have been rude to any of our staff, or customers who we deem to be a risk (i.e. non-payers, abusive, etc).
– To minors ordering alcohol, cigarettes or any age-restricted item(s)
– To customers in public establishments, where that establishment is not a registered delivery address, or where we feel our delivery would conflict with, compromise or affect the operations of that establishment
– To a registered banned customer or addresses
– Any off-license drinks must only be accepted by the person who ordered it and a signature and an ID with a PASS stamp provided on delivery
Restaurants, menus & operating hours
1. All menu prices are inclusive of VAT. Prices are subject to change and all food is subject to availability.
2. If any items of an order are unavailable, we will choose the nearest available alternative, if none are available, at the discretion of FASTEAT, we will look to refund the price of that item(s) as part of our normal refund process
3. On an occasion where we cannot find your address and we cannot get a hold of you due to an incorrect telephone number supplied, we may at our discretion dispose of the food items and assume the order completed. It is very important that you ensure the telephone numbers you have provided us are correct.
4. FASTEAT reserve the right to change menues and prices anytime throughout the year without prior notice.
5. The prices of items listed on our site(s) are the prices in force on the date and at the time on which we receive/process your order. We make every effort to ensure that the prices on our website are accurate.
6. Nevertheless, as our site(s) contain a large number of products, it is always possible that, despite our best efforts, some of the items on our site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedure, however, we are under no obligation to provide or deliver to you at an incorrect lower price quoted on our site(s). We will inform you if this is the case, and you can choose to cancel the order at that point.
7. For concerns regarding nut allergies or any other form of food allergy, we strongly advise customers to contact the restaurant directly for advice and information regarding content and ingredients before placing the order with FASTEAT.
8. Each restaurant operates at certain hours, and we can only carry out deliveries for a subset of these hours.
9. These times can be determined by communicating with the respective restaurant, and our delivery hours for these restaurants can be seen on the individual restaurant/menu pages on our app.
10. Restaurant holiday hours may vary.
11. Our opening hours/delivery times can be seen on the individual restaurant menu page. Orders placed with us can only be delivered within these times, unless prior arrangement has been made in writing.
We accept payment online for orders via debit/credit card through our secure payment partner “Stripe”. All payments are subject to a handling charge, which will be added to the total price of your order. When placing an order via our app, you will be shown the full amount being added.
We do not accept cheques or cash payments
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, including but not restricted to, strikes, lock-outs, riot, terrorist attack, war, fire, explosion, natural disaster, impossibility of the use of public or private transport or public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government.
2. 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.
If any of these terms and conditions 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.
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language text shall prevail.
Law and jurisdiction
Contracts made between us will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.