Terms and Conditions of Purchase

These terms and conditions apply when you order any item(s) from Eatandseat.com.

Please read these Terms carefully before creating an Eatandseat account or using our application. If you have any questions relating to these Terms please contact info@eatandseat.com.

If you are a consumer, you have certain legal rights when you order Items using our application. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Eatandseat account, you confirm that you accept these Terms and Conditions of Purchase.

1. Information about us

Eatandseat.com is operated by EAT AND SEAT LTD. Company number 15331527, registered in England. Apartment 206 Citispace West 2 Leylands Road, Leeds, England, LS2 7JS.

2. Purpose

Our objective is to link you with your partner (“Partners") and allow you to order Items for delivery (our “Service”). Where you order from a Partner, Eatandseat acts as an agent on behalf of that Partner to conclude your order from our application and to manage your experience throughout the order process. Once you have placed an order, delivery of your Items will be arranged by our partner. We will be acting as a support between you and the partner.

3. Your Account

Before you can place orders for Items using our application, you need to open an Eatandseat account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or partners, placing orders for potentially hazardous items in bulk quantities, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

Eatandseat reserves the right, where necessary and without limitation, to undertake all such necessary action including requiring further verification as to the identity, age, and other relevant details of a customer and as is reasonable to protect itself against fraudulent or illegal behaviour or where we have reasonable grounds to believe that, in dealing with such a customer, we may be in actual or possible breach of a law or regulation that applies to us. You must provide us with any information we reasonably ask for as soon as possible. If you refuse, or we suspect fraudulent or criminal activity of any kind, we might suspend or close your account.

4. Service Availability

Each Partner has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partners each decide their own operating hours. That means that the availability of our service, and the range of partners from which you can order, depends on the partners in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a partner, or the application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Orders

You must be aged 18 or older to use our site and service. By placing an order through our channels, you confirm that you are aged 18 or older. When you place an order through our application, it needs to be accepted by us or the Partner before it is confirmed. We will send you a notification if your order has been accepted.

You are responsible for paying for all Items ordered using your account; partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the Partner prior to ordering if you have an allergy or fill the box provide for extra information. Eatandseat cannot guarantee that any of the Items sold by our Partners are free of allergens. We are not responsible for any allergic reaction, on the other hand we have created tools to minimise the risk.

6. Delivery

When you place an order you will have the choice to place it as an ASAP delivery or a scheduled delivery. For an asap delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a scheduled delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time. We may also talk about delivery timing in our marketing communications. It's important that you always check our applications for accurate delivery times, as this can vary for a number of reasons including meal preparation time, traffic and weather conditions.

Unfortunately, despite our Partner's best efforts, things do not always go to plan and factors may prevent delivering your Item on time. If your order is more than 20 minutes later than the time we communicated to you when you placed the order, and we or our partner haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before, we have also created the option to deliver to a different address if you wish but, you need to notify us when making the order.

You will still be charged for the Item in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

  • You do not come to the door, did not pick up the phone when the partner contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the partner is unable to find a safe location to leave the food.
  • The partner refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).

7. Your Rights if something is Wrong with Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner.

8. Age Restricted and Regulated Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. We operates an age verification policy whereby customers ordering age restricted products will be asked by the partner to provide proof that they are aged 18 or over before the delivery is completed. The partner may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The Partner may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. Orders for items containing alcohol may only be delivered to a location that is a residential or business address. If delivery of any age restricted product is refused, you will still be charged for the relevant Item.

9. Cancellation

You may cancel an order without charge at any time before the Partner has started preparing the food, please contacts us immediately, via our Application. If the Partner confirms the order was not a Started yet, we will refund your payment. If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items.

Eatandseat and the Partner may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner, and we will reimburse you for any payment already made using the same method you used to pay for your order.

10. Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use. We may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Partner. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.

Payment for all Items can be made on our Application by credit or debit card, or other payment method made available by eatandseat. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Eatandseat acting as agent on behalf of the Partner only.

We are authorised by our Partners to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Partner. Partners sometimes make special offers available through our application. These are visible when you look at a Partner menu. These offers are at the discretion of the Partner. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the confirmation notice.

11. Other Terms

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts.

Contacting us

If you have any questions about this policy, please contact us.

Eat & Seat LTD.
Apartment 206 Citispace West 2 Leylands Road
LS2 7JS
Leeds
England
info@eatandseat.com