JUST-EAT WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL INFORMATION
These terms and conditions (the "Site Terms") identify the rules on the basis of which the company JUST-EAT Italy Srl (hereinafter "we" or "JUST-EAT") provides access to the website https:// www .justeat.it and any JUST-EAT mobile application that allows users to order products (collectively the "Site"). Please read these Site Terms carefully before ordering any products from the Site. By placing orders through the Site (now or in the future) you signify your acceptance of these Site Terms which govern your use of the site itself.
JUST-EAT reserves the right to modify these Site Conditions over time by modifying the provisions on this page, in accordance with section 2.3. In the event that the user does not accept the new Site Conditions, he is required not to use the services offered by the Site and not to order products through the Site. It is recommended to print a copy of these Site Conditions for future reference.
The use of personal data transmitted through the Site is governed by the JUST-EAT Information on Privacy .
For clarity, any references to the "Site" in these Site Terms include all current or future versions of the https://www.justeat.it website as well as any JUST-EAT mobile applications through which you may have access al, and use the JUST-EAT Site, regardless of whether, in either case, access is via a currently existing platform or device or via a future platform or device ( including, but not limited to, any mobile site, mobile application, affiliated or related site for accessing and using the JUST-EAT Site as developed over time).
Visiting the Site, even just some parts of it, constitutes acceptance by the users of these Site Conditions. Site users who do not accept these Site Conditions are required not to use the services offered by the Site and not to order products through the site itself.
I. GENERAL CONDITIONS OF USE AND SALE
Last updated 12 August 2024
1. INTRODUCTORY RULES AND THE ROLE OF JUST-EAT
1.1. JUST-EAT is a company incorporated under Italian law, with registered office in Milan, in Via De Castillia, 23 - 20124, CF and registration number in the Milan Company Register no. 07392740960.
1.2. JUST-EAT's VAT number is: 07392740960.
1.3. Product Orders: JUST-EAT provides users with a system for communicating their orders (“Orders”) for products (“Products”) to restaurants, stores and other businesses (“Businesses”) appearing on the Site. The contract for the supply and purchase of Products is concluded between the user and the Business to which the user submits the Order and JUST-EAT will conclude the sale of the Products on behalf of, and as agent for, the Businesses in all cases. In any case, JUST-EAT has no obligation to promote the conclusion of contracts between the Businesses and the user.
2. SITE ACCESS AND SITE TERMS
2.1. Access to the Site: It is possible to have access to some areas of the Site even without placing an Order or without registering your data. Most areas of the Site are accessible to anyone.
2.2. Acceptance of the Site Conditions: Browsing in any area of the Site implies acceptance of the Site Conditions. Site users who do not accept the Site Terms are required not to use the services offered by the Site and not to order products through the Site same.
2.3. Changes to these Website Terms: We may make some changes to these Site Terms but, in case of any significant change, we will inform you in advance of such changes becoming effective, unless the changes are required by applicable law. If you do not accept the changes, please do not use our Site. Please be aware that your continued use of our Site after the effective date of the proposed changes will constitute your acceptance of the revised Terms.
2.4. Responsibility: It is up to the visitors and users of the Site to prepare what is necessary to have access to the Site itself. Furthermore, visitors and users of the Site are required to ensure that all those who access the Site through their account and their Internet connection are aware of and comply with these Site Terms.
3. SITE USER STATUS
3.1. Legal capacity and age: You must be at least 18 years old to access and use our Website. To place an order on our Website, in addition to being at least 18 years old, you must be legally capable of entering into binding contracts with Businesses.
3.2. You confirm and undertake, if you have a specific allergy or intolerance, to contact the Business directly to verify that the Product is suitable for your needs, before placing the Order directly with the Business itself.
3.3 Alcohol, tobacco products and other items with a legal age restriction (“Age Restricted Items”):
3.3.1 You agree and represent that it is a criminal offence for any person under the minimum legal age to purchase, or attempt to purchase, certain Age Restricted Items or for any person to purchase, or attempt to purchase, certain Age Restricted Items on behalf of a person under the minimum legal age.
3.3.2 If your Order includes any Age Restricted Items, you will be required to provide proof of your age upon receipt or delivery of your Order. If you are unable to provide proof that you meet the relevant minimum legal age requirement at your chosen Business's discretion, or where the Business reasonably believes that the Age Restricted Items you have ordered have been purchased by the user on behalf of a person under the minimum legal age, the Business reserves the right not to complete the delivery to the user of Age Restricted Items.
4. METHOD OF SENDING AND PROCESSING THE ORDER
4.1. Compiling the Order: After having selected the products you intend to order from your chosen Business and having provided the requested information, the user has the option to place the Order by clicking on, or selecting, the "pay now" or "proceed to to payment" or other similar button. Please note that it is important to check all the information entered and correct any errors before clicking on the button or selecting it as, after doing so, the user will conclude a sales contract with the Business and it will no longer be possible to correct any errors or withdraw from the 'Order (except as provided in paragraph 4.2 below). By electing to complete your Order as a guest, you are agreeing that JUST-EAT will create a temporary JUST-EAT guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order. Your access to your 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 you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.
4.2. Modification or withdrawal from the Order: Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded as these are products made to order and subject to rapid deterioration. Once the Order has been submitted, the user concludes a contract for the sale of products with the Business and, therefore, cannot modify or withdraw from the Order and is not entitled to any refund (please see articles 4.4 and 5.7 for further information relating to the procedure applicable to the refusal of execution of Orders and the refund of payment). However, if you still wish to attempt to modify or withdraw from the Order, the user can contact Customer Service, in the manner described in article 6.3, who may attempt to contact the Business in order to communicate the user's request. You expressly acknowledge that there is no obligation or assurance, however, that Customer Service will be able to contact the Business or that the Business will accept your requests for change or withdrawal.
4.3. Payment Authorization: In the event of failure to authorise any payment, the Order will not be processed or will not be sent to the concerned Business.
4.4. Processing of the Order and refusal of execution of the Orders by the Business: Upon receipt of the Order, JUST-EAT transmits the same to the relevant Business and notifies the user, by e-mail, that the Order has been received and is being processed. It is specified that any confirmation page that the user can view on the Site and any Order confirmation that the user receives by e-mail further confirm the successful conclusion of the contract for the sale of products with a Business, but this does not necessarily imply that the ordered products will be delivered by the Business. JUST-EAT strongly encourages all Businesses, on behalf of which it acts as an agent, to execute all Orders and to promptly communicate any refusal to execute the Orders and communicate to the user (generally by e-mail), as soon as reasonably possible, any refusal to execute the Order by the Business. In any case, JUST-EAT cannot exclude that Businesses refuse to fulfil Orders at any time due to being too busy, due to weather conditions or for any other reason. In such cases, any payment already made in relation to the Order will be returned to the user pursuant to article 5.7 below. JUST-EAT cannot exclude that Businesses refuse to fulfil Orders at any time due to being too busy, due to weather conditions or for any other reason. In such cases, any payment already made in relation to the Order will be returned to the user pursuant to article 5.7 below. JUST-EAT cannot exclude that Businesses refuse to fulfil Orders at any time due to being too busy, due to weather conditions or for any other reason. In such cases, any payment already made in relation to the Order will be returned to the user pursuant to article 5.7 below.
4.5. Order Delivery: Estimated times for deliveries and collections are provided by the Businesses and are a guideline only. JUST-EAT and the Businesses do not guarantee that Orders will be delivered or available for collection within the estimated times. By choosing to have your order delivered you are confirming that you will be there to receive it at the chosen address. If you will not be at the delivery address at the time indicated and we will manage it (rather than the Business itself), we will make every reasonable effort to contact you and determine where to leave the order. If it is not possible to contact you, we may leave the delivery in a suitable place close to the requested address. We take no responsibility for your order (including the state or safety of the contents when you find them) once delivered. Note that if you are not present and if it is the Business itself that makes the delivery, the latter will decide whether to leave the order outside the address indicated or not.
4.6. Commercial agency: For the avoidance of doubt, any orders processed by JUST-EAT through the Website are processed by JUST-EAT in its capacity as agent of the relevant Business.
5. PRICE AND PAYMENT
5.1. VAT and additional costs: The prices of the products are those indicated on the Site. Prices include VAT, but may not include delivery costs (if you choose "delivery" instead of "collection") and a service charge . Any delivery charge and/or a service charge will be added to the total amount due, where applicable. Any service charge and, where the Business you place your Order at receives delivery services provided by us, any delivery charge may be charged by us directly as principal, rather than as commercial agent for the Business. The delivery and service charges applied to your Order may vary based on a number of factors including your location, the Business you choose and the value of the items on your Order, but these charges will always be indicated to the user before completing and paying for the Order.
5.2. Incorrect indication of the price: This Site contains a large number of items and it is always possible that some of them may bear an inaccurate indication of the price. If the exact price of an Order is higher than the price indicated on the Site, JUST-EAT will normally contact the user before shipping the Order. In such an event, neither JUST-EAT nor the affected Business have any obligation to ensure that your Order is provided to you at the lower price incorrectly stated or to refund you the difference to the incorrect price. In the event that the price is excessively high compared to the originally agreed price and the user is a consumer, the user will have the right to withdraw from the Order pursuant to the Consumer Code.
5.3. Methods of payment: Payment for Orders can be made by credit/debit card or other electronic payment instrument via the Site or in cash at the Business at the time of delivery to the user or collection by the user.
5.4. Credit Card Payments: If you are paying by credit or debit card, you may be asked to show your card to the Business on delivery or collection as proof of identity whilst allowing us to check that the card matches to the data of the receipt relating to the Order. From time to time there may be delays in processing payments and card transactions; this may result in certain payments taking up to sixty (60) days to be debited from your bank account or credit or debit card.
5.5 In the case of payment by credit or debit card or other electronic payment instrument, JUST-EAT is authorised by the Business to receive the relative payment from the user on behalf of the Business itself. Payment to JUST-EAT releases the user.
5.6. Credit and discount coupons: A credit or discount may be applied to your Order if you use a coupon or promotional code recognized by the Site and validated by JUST-EAT on behalf of the Businesses, and you proceed to pay the balance by credit card or other electronic payment instrument. Under normal banking procedures, the bank or credit card issuer initially reserves (so-called "ring fence") the full amount relating to the Order (before crediting or discounting) in the current account of the user for a period between 3 and 5 working days (or more, depending on the bank or credit card company), amount which therefore becomes unavailable in the account for the duration of the aforementioned period. The credit or discount is applied at the moment the bank or card issuer transfers the funds relating to the Order to JUST-EAT: at this moment, the credit or discount amount is not transferred to JUST-EAT and is instead made available to you again by your bank or card issuer. The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account. credit or discount is applied at the time the bank or card issuer transfers the funds relating to the Order to JUST-EAT: at this time, the credit or discount amount is not transferred to JUST -EAT and is instead made available to you again by your bank or card issuer. The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account. credit or discount is applied at the time the bank or card issuer transfers the funds relating to the Order to JUST-EAT: at this time, the credit or discount amount is not transferred to JUST -EAT and is instead made available to you again by your bank or card issuer. The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account. credit or discount is not transferred to JUST-EAT and is instead made available to you again by your bank or card issuer. The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account. credit or discount is not transferred to JUST-EAT and is instead made available to you again by your bank or card issuer. The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account.
5.7. Non-execution or cancellation of Orders: According to ordinary banking procedures, once an Order has been submitted for which the user pays by credit card and the payment has been authorised, the bank or the company that issued the card reserves (so-called "ring fence") the entire amount relating to the Order. If the Order is subsequently refused by the Business (as described in article 4.4 above) or if the Order is cancelled for any other reason, the bank or card issuer will not process the transfer to JUST-EAT of the funds relating to the Order and instead proceeds to make the relative amount available again in the user's account. However, this process may take 10 business days (or more, depending on the bank or card issuer). The user acknowledges the fact, and accepts it, that neither JUST-EAT nor the Business concerned are responsible towards the user for the delay due to the period indicated above in which the bank or the company that issued the card arranges for the issuance of funds in the user's checking account.
6. CUSTOMER SERVICE
6.1. General Provisions: JUST-EAT considers Customer Service extremely important. In compliance with article 6.5 and article 11, the Customer Service therefore tries to assist the user, on behalf of the Business, when possible, in case of problems with the Order. The user can get in touch with Customer Service by clicking on, or selecting, the "Need help?", "Help" or other similar button or by calling the number indicated on the Site.
6.2. Questions related to your Order: If your Order is taking longer than expected or if you have any other problems with your Order, you can contact Customer Service as described above and one of the JUST-EAT Customer Service Advisors will attempt to contact the Business to process the user's request.
6.3. Modification or withdrawal from the Order: As indicated in the previous article 4.2, if the user wishes to modify or withdraw from his Order after it has been sent, the user has the right to contact the JUST-EAT Customer Service, in the manner described above, who may attempt to get in touch with the Business in order to communicate user requests. You expressly acknowledge that there is no obligation or assurance, however, that JUST-EAT Customer Service will be able to contact the Business or that the Business will accept your requests for change or withdrawal.
6.4. Complaints and feedback from users: In the event that the user is not satisfied with the quality of any Product or with the service provided by a Business, JUST-EAT invites the user to make their opinion known through the Site, in form of ratings, comments and reviews (collectively referred to as the "Reviews") that reflect your experience. Reviews are an important part of JUST-EAT's quality control process.
6.5. Compensation: In the event that you are dissatisfied with the quality of any Product or with the service provided by a Business and wish to request a refund, prorated price reduction or any other form of compensation, please contact the Business directly. in order to present your complaint and, if necessary, to observe the complaint procedures established by the Business itself. If the user is unable to contact the Business, or if the Business refuses to deal with the user's complaint, the latter can contact JUST-EAT Customer Service in the manner described above within 48 hours of submitting the complaint. Order and one of JUST-EAT's Customer Service Advisors, acting as an agent of the Business, will attempt to contact the Business in order to request compensation on your behalf. Please note, however, that the contract for the supply and purchase of Products is between you and the Business to which you place your Order. JUST-EAT has no control over the Businesses or the quality of the Products or the service provided by the Businesses themselves and is not able to provide, nor does it assume any responsibility or undertaking to provide, any indemnity or compensation to you on behalf of any Business.
7. RECOMMENDER SYSTEM
7.1 On our Site, we use recommendation systems to display information to you that will help you to discover relevant partners and offers. Further information on the recommendation systems that we use, and how these systems operate can be found here.
8. USE LICENCE
8.1. Permitted use: The user is permitted to use the Site as well as to print and download extracts of the Site from the Site for personal use not for commercial purposes under the following conditions:
8.1.1. the user must not use the Site improperly, including through computer piracy techniques (hacking) or computerised data extraction (scraping).
8.1.2. Unless otherwise provided, the copyright and other intellectual property rights relating to the Site and the material published on it (including, by way of example but not limited to, photographs and graphic images) are owned by JUST-EAT or of the subjects from which JUST-EAT has obtained the relative licence. The above works are protected worldwide under copyright laws and treaties, and all rights are reserved. For the purposes of this Site, any use of extracts from this Site in ways other than the provisions of this article 8.1 is prohibited.
8.1.3. You may not modify digital or paper copies of any material printed in accordance with Article 8.1 or use any drawing, photograph or other graphic image, video or audio sequence separately from any accompanying text.
8.1.4. It is necessary to ensure that JUST-EAT is always recognized as the author of the material on the Site.
8.1.5. The use of material on the Site or of the Site itself for commercial purposes is not permitted without having obtained a licence to that effect from JUST-EAT.
8.1.6. Restrictions on use: Except as provided in article 8.1, this Site may not be used and no part of it may be reproduced or stored on any other website nor may it be incorporated into any system or service, public or private, for electronic retrieval of information without JUST-EAT's prior written permission.
8.1.7. Reservation of Rights: Rights not explicitly granted on this Site are reserved.
9. ACCESSING THE SITE
9.1. Availability of the Site: Although JUST-EAT endeavours to ensure that access to the Site can normally take place around the clock (24h/24), JUST-EAT assumes no obligation in this regard and is not liable to the user in the event that the Site, at any time or for periods of any duration, is unavailable.
9.2. Suspension of access and withdrawal: Access to this Site may be temporarily suspended at any time, even without notice, in the event of Site maintenance and/or for reasons beyond JUST-EAT's control. JUST-EAT and you may withdraw from these Site Terms with two weeks notice (to be communicated by email). In case of withdrawal, JUST-EAT will cancel the user's account, without prejudice to legal obligations.
9.3. Computer security: Unfortunately, the transmission of information via the internet is not completely secure. Although JUST-EAT adopts the measures prescribed by law for the protection of the information entered, it is not able to guarantee the security of the data transmitted to the Site; the transmission is therefore carried out at the risk of the user.
10. USER-GENERATED CONTENT
10.1. Any material other than personally identifiable information, which is transmitted or posted or uploaded by the user on this Site (including, by way of example and not limited to, any Reviews) is considered non-confidential (hereinafter the "User Content").
10.2. By posting, uploading or transmitting any User Content, you 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 we and anyone we designate 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.
10.3. You are prohibited from posting, uploading, or transmitting to or from the Site, 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 unauthorised advertising; or
d) contains viruses or any other harmful programs.
e) is in breach of our policies, including but not limited to our Review moderation policy available in our Help Centre here.
10.4. Users are responsible for ensuring that their User Content complies with our policies and these Site Terms. We use a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and we reserve the right to moderate (which may include removing) any content that we deem to be in violation of our policies, these Site Terms or applicable law. The list of prohibitions in article 10.3 above is not exhaustive and JUST-EAT may moderate User Content which is otherwise objectionable or may expose JUST-EAT or any other third party to prejudice or liability of any kind or for any other reason.
10.5. Reporting and Take Down: You are encouraged to report any content that you believe violates our policies or these Site Terms. We 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.
10.6. You can find more information on our policies and measures around content moderation in the following article. This article also explains how to report content on our Site or appeal a moderation decision (which can include our decision not to take action), how we manage these requests and handle user’s misuse of our processes.
10.7. Use of User Content: User Content contained on the Site are for informational purposes only and do not constitute a recommendation by JUST-EAT. Reviews and other User Content reflect the views of customers who have ordered through the Site 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 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.
10.8. Cooperation with Law Enforcement: We will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about users who have posted, uploaded or otherwise transmitted illegal content or content in violation of our Site Terms.
10.9. Your liability for User Content: We are not responsible for the content that is uploaded by users. We do not endorse or approve any user-generated content. You agree to indemnify JUST-EAT for any loss, damage or claim (and all related costs) incurred by JUST-EAT 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 section 10.
11. LINKS TO AND FROM OTHER SITES
11.1. Third-party sites: Any links to third-party sites on the Site are provided solely for the convenience of visitors and users. Use of these links will result in leaving the Site. JUST-EAT has not reviewed the aforementioned third-party sites and has no control over them or their content or accessibility (and is not responsible for them). JUST-EAT does not endorse or make any guarantees in relation to the aforementioned sites, the material contained therein or the results deriving from the use of the same. Anyone who decides to access a third party site whose link is present on the Site does so exclusively at their own risk.
11.2. Authorization to insert links: It is possible to insert a link to the initial page (homepage) of this Site ( https://www.justeat.it ) provided that:
11.2.1. it is done in a correct and lawful way that does not damage the reputation of JUST-EAT or take advantage of it;
11.2.2. you do not insert links that refer to sites that you do not own, nor do you have to do so in ways that suggest a form of association with, or approval by, JUST-EAT that does not actually exist;
11.2.3. the website from which any link originates must comply with the content standards set out in these Site Terms (in particular in Article 10, "User-Content");
11.2.4. JUST-EAT has the right to withdraw linking permission at any time.
12. DISCLAIMER
12.1. Information provided on the Site: Although JUST-EAT makes every effort to ensure that the information provided on the Site is correct, it does not promise that such information is accurate or complete. JUST-EAT can make any changes to the material on the Site or to its functioning and to the prices described therein, at any time and without notice, communicating these changes to users in the same ways in which the services and prices were communicated to it. . The material on the Site may be out of date and JUST-EAT makes no commitment to update it.
12.2. Allergy, dietary and other Product Information:When a Business registers with us, it must provide us with up-to-date Product information. We then include theseinformation on their dedicated page on the Website. If this information includes allergy-related information and dietary information, we will do our best to re-publish this information on the Website or App exactly as it has been provided to us by the Business. If you, or someone you are ordering for, have concerns about allergies, intolerances or dietary preferences, you should always contact the Business directly before placing your Order. We ask you, please, not to use the "leave a note for the Business" field in case of allergies or intolerances, please contact the Business directly.
12.3. Actions and omissions of the Business: The contract for the supply and purchase of Products is between the user and the Business to which the user places the Order. JUST-EAT has no control over the actions or omissions of any of the Businesses. Without this constituting a limit to the general validity of the above, and except in the case of willful misconduct and gross negligence of JUST-EAT, by using the Site, the user accepts the following:
12.3.1. JUST-EAT makes no commitment to ensure that the quality of the Products ordered from any of the Businesses is satisfactory or that the Products are suitable for your purpose and expressly disclaims any such warranty.
12.3.2. Estimated delivery and collection times are provided by the Businesses and are indicative only. There is no guarantee by either JUST-EAT or the Businesses that Orders will be delivered or made available for collection within the estimated timescales.
12.3.3. JUST-EAT strongly encourages all Businesses, on whose behalf it acts as agent, to fulfill all Orders and promptly notify any refusals, and notify you (usually by email) as soon as reasonably practicable, if the Business has refused to execute an Order. However, JUST-EAT does not guarantee that Businesses will fulfill all Orders and cannot exclude that Businesses will refuse Orders at any time on the grounds that they are too busy, if you do not provide proof of age for the purchase alcoholic beverages, cigarettes or other smoking-related products when required, due to weather conditions or for any other reason.
12.3.4. The previous disclaimer clauses do not affect the users' rights established by law and/or by the sales contract with the Businesses as well as the legislation of the Consumer Code for the protection of consumers.
12.4. Disclaimer of Other Provisions: JUST-EAT provides you with access to and permits your use of the Site on the understanding that, to the fullest extent permitted by law, you disclaim any and all warranties, representations, conditions, undertakings and any other terms relating to to the Site and your use of it (including any representations, warranties, conditions, undertakings and other provisions which might otherwise apply to the Site or your use of it, or which are implied by applicable or incorporated into these Site Terms under applicable law or otherwise).
13. LIABILITY
13.1. General: Nothing in this Site excludes or limits JUST-EAT's liability for death or personal injury resulting from the fault of JUST-EAT, nor JUST-EAT's liability for willful misconduct or gross negligence, nor any other liability which cannot be excluded or limited in accordance with current legislation. Nothing in these Site Terms affects the mandatory rights that the law grants to users of the Site such as, by way of example and not limited to, the rights guaranteed to consumers pursuant to the Consumer Code.
13.2. Disclaimer: Without prejudice to the provisions of article 13.1 above, JUST-EAT is not liable to users under any circumstances, whether contractually or extra-contractually (including for negligence), or for breach of obligations imposed by law or for any other title, even if it is a foreseeable circumstance, deriving from, or in connection with the Site (including the use, the inability to use or the effects of the use of the Site) in relation to:
13.2.1. any loss of profits, sales, business or income;
13.2.2. loss or destruction of data, information or software;
13.2.3. loss of business opportunity;
13.2.4. loss of anticipated savings;
13.2.5. loss of goodwill; or
13.2.6. any indirect or consequential loss.
13.3. Limitation of liability: Without prejudice to the provisions of article 12, article 13.1 and article 13.2 and without prejudice to the applicable legislation on consumer protection, the total liability of JUST-EAT towards users in relation to any other loss deriving from, or in connection with, the Site or the use of the same by the user, whether contractually, extra-contractually, for breach of obligations established by law or for any other reason, cannot exceed the lower sum between double the value of the Order and an amount equal to Euro 100.
13.4. Additional Costs: You are fully and solely responsible for any additional or related costs you may incur in using or as a result of using the Site, including, but not limited to, support costs. , repair, or adaptation of any device, software, or data that you own, own, lease, licence, or otherwise use.
14. TERMINATION
14.1. Reasons for termination: pursuant to art. 1456 of the Civil Code, JUST-EAT has the right to terminate the contractual relationship with the user and suspend the user's right to use the Site, immediately, by written communication (including communication via e-mail), in the event which JUST-EAT deems, in its sole judgment:
14.1.1. that the user has used the Site in violation of article 8.1 (Use licence);
14.1.2. that the user has published on the Site Reviews or other User Content that violates the provisions of article 10.2 and 10.3 (User-Generated Content);
14.1.3. that the user has violated article 11.2 (Links to and from Other Sites);
14.1.4. that the user has failed to pay for an Order whose products have been delivered by the Business or has violated any other essential provision of these Site Terms or
14.1.5 There is misuse, unauthorised, fraudulent or otherwise suspicious activity taking place on your account.
14.2. Your Obligations Upon Termination: Upon termination or suspension, you must immediately destroy any downloaded or printed portions of the Site.
15. WRITTEN COMMUNICATIONS
15.1. Current legislation may require that some information and notices, among those that JUST-EAT provides to the user, must be communicated in writing. By using the Site or placing an Order for Products through the Site, the user accepts that communication with JUST-EAT takes place mainly electronically. In particular, the user accepts that he can be contacted by e-mail or that information is provided by publication of notice posts on the Site. For contractual purposes, the user accepts these electronic methods of communication. This clause does not affect the rights that the law provides for users of the Site.
16. EVENTS NOT CONTROLLED BY JUST-EAT
16.1. JUST-EAT is not liable for, and is not required to compensate, any failure or late performance of its contractual obligations under these Site Terms which is caused by events beyond JUST-EAT's reasonable control ( "Force Majeure Events").
16.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident that is beyond JUST-EAT's reasonable control and includes in particular (by way of example but not limited to) the following:
16.2.1. strikes, lockouts or other actions in relations between employees and companies;
16.2.2. civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (even in the absence of a declaration) or threats of war as well as preparations for war;
16.2.3. fire, explosion, storm, flood, earthquake, subsidence (including subsidence), epidemic or other natural disaster;
16.2.4. impossibility to use the railway, naval, air, road transport or other means of public or private transport;
16.2.5. inability to use public or private communications networks; And
16.2.6. laws, decrees, laws, regulations or restrictive rules of any government.
16.3. The execution by JUST-EAT of its contractual obligations set out in these Site Conditions is considered suspended for the entire duration of the Force Majeure Event and JUST-EAT benefits from an extension of the duration foreseen for the fulfilment equal to the duration of the aforementioned period. JUST-EAT will use reasonable efforts to bring the Force Majeure Event to an end or to find a solution whereby JUST-EAT's contractual obligations can be fulfilled despite the Force Majeure Event.
17. MISCELLANEOUS AND ADDITIONAL CLAUSES
17.1. Privacy Policy: JUST-EAT is committed to protecting your privacy and security. All user personal data collected by JUST-EAT is processed in accordance with JUST-EAT's Privacy Policy. The user of the Site is required to examine the Information regarding Privacy, which constitutes, by virtue of this reference, an integral part of the Conditions of the Site and is available at the following link .
17.2. Regulation of further aspects: In addition, users and visitors to the Site are advised to examine: the Voucher Regulations for further information regarding the use of credits and promotional discounts on the Site. By virtue of this reference, the aforementioned rules form an integral part of these Site Terms.
17.3. Partial Invalidity: If one or more terms or conditions of these Site Terms are declared invalid, void or ineffective, in whole or for any part, the invalidity, nullity or ineffectiveness will affect only those terms, conditions or provisions and remaining terms will remain valid and enforceable to the fullest extent permitted by law.
17.4. Entire Agreement: These Site Terms and any documents expressly referred to in them constitute the entire agreement between JUST-EAT and you and supersede all prior discussions, correspondence, dealings, any prior agreements, understandings or contract between the parties in relation to the subject of the contract.
17.5. Waivers: Any failure or late implementation (in whole or in part) of any provision of these Site Terms cannot be interpreted as a waiver by either party to assert its rights or remedies.
17.6. Assignment: The user of the Site may not assign any right or obligation provided for by these Site Conditions without the prior written consent of JUST-EAT, not even in the event of the sale of a company or business unit. JUST-EAT may assign any right or obligation under these Site Terms to a company affiliated with it or to any company with which it associates to carry on business, which it acquires or to which it is sold, even in the event of transfer of a company or business unit and provided that the protection of consumers' rights is not diminished following the transfer.
17.7. Sections: The sections of the articles of these Site Regulations are provided solely for convenience and do not affect their interpretation in any way.
18. APPLICABLE LAW AND JURISDICTION
18.1 Applicable Law: all claims and disputes that may arise in relation to or pursuant to these Site Terms will be governed by and interpreted in accordance with Italian law. For consumers residing in Italy, the mandatory legislation for consumer protection provided for by Italian law (Consumer Code) will apply.
18.2 Jurisdiction: any dispute arising from these Site Conditions concerning non-consumer users will be devolved to the exclusive jurisdiction of the Milan court. In the event of a dispute arising from these Site Conditions concerning consumer users, consumers may bring proceedings before the courts (i) of the Milan forum or (ii) of the place where they have their residence or domicile in Italy. JUST-EAT and the Businesses may bring a lawsuit against a consumer residing in Italy only at the consumer's place of residence or domicile. In the event of a dispute, the user is encouraged to contact Customer Service first to find a solution.
18.3 Online dispute resolution: As an alternative to the judicial resolution of disputes, the consumer can submit his complaint to the Online Resolution Platform for the resolution of disputes out of court (European ODR Platform) (Article 14, paragraph 1 of the EU Regulation 524/2013). For more information about the European ODR Platform or to file a complaint and start alternative procedures for disputes relating to this contract, you can use the following link: https://ec.europa.eu/odr . The JUST-EAT email address to be communicated to the European ODR Platform is the following: [email protected]
*** The user, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, expressly approves the following articles: Art. 4.2 (Modification or withdrawal from the Order); Art. 4.4 (Processing of the Order and refusal of execution of the Orders by the Business); 5.5 (Credit and discount coupons); 5.6 (Orders rejected); 6.5 (Compensation); 9.2 (Suspension of access and withdrawal); 12 (Liability); 13.2 (Disclaimer); 13.3 (Limitation of liability); 17.6 (Assignment); 18 (Applicable Law and Competent Court).
II.Terms and conditions of the Loyalty Card
Last updated 28 September 2023
These Loyalty Card Terms and Conditions apply to the relationship between Just Eat and the user participating in a Loyalty Card Programme.
Definitions
Defined terms have the same meaning as the Website Terms and Conditions.
Website terms and conditions:the latest version of the general terms and conditions for consumers of Just Eat.
Participating Business: a Business that participates in the Loyalty Card Program and assigns Stamps to customers.
Stamp: Business-specific stamp awarded for every online order paid for and placed by a Just Eat customer from a Participating Business (excluding users who pay as guests).
Loyalty Card: Specific overview of Stamps received by email and collected by a customer from a specific Business. The card is full and complete after collecting five Stamps.
Loyalty Card Program:program that allows the user to collect Stamps from participating Businesses on a Loyalty Card. The Loyalty Card will be full and complete after attaining five Stamps from the same Participating Business and which then gives rise to a Loyalty Card Discount, redeemable with an Order at that Participating Business.
Loyalty Card Discount: Business-specific discount obtained from a full Loyalty Card. Each of the five orders placed allows you to earn a discount of 10% of the order value. The sum of the discounts collected through the Stamps will be usable from the sixth order.
Loyalty Card Terms and Conditions: these terms and conditions relating to the Just Eat Loyalty Card Program, as amended from time to time.
Applicability
1. You can redeem your Loyalty Card Discount on the basket page when placing an Order with a Participating Business if the Order value is equal to or greater than the Loyalty Card Discount value.
2. By placing an Order at a Participating Business, you agree that these Loyalty Card Terms and Conditions will apply to your relationship with Just Eat and will also apply to your relationship with one or more Participating Businesses , which will be established as a result of placing an Order at a Participating Business.
3. The Business decides in its sole discretion whether or not to participate in the Loyalty Card Program and not all Businesses on the website participate.
4. The Website Terms and Conditions continue to apply to the relationship between you and Just Eat, unless they explicitly differ from these Loyalty Card Terms and Conditions. In such a situation, the latter will prevail.
Loyalty Card Stamps and Discounts
5. Loyalty Card Stamps and Discounts have no monetary value and cannot be converted into cash.
6. Stamps are awarded only by a Participating Business.
7. Just Eat is the only technical provider of the Loyalty Card Program that publishes the Loyalty Card Program on its website and app.
8. The user will automatically receive 1 Stamp for each paid online Order placed at a Participating Business (excluding users who pay as guests).
9. After placing an Order at a Participating Business, the user will automatically receive an email within 48 hours, with an updated overview of the Loyalty Card. He will also be able to view the current Stamps in his account.
10. The Loyalty Card is full and complete after collecting five Stamps of the same Participating Business.
11. Stamps expire 12 months after the date of assignment.
12. Stamps are not transferable between Participating Businesses, customers, email addresses, Loyalty Cards or otherwise.
13. The user is required to report any inaccuracies in the collected Stamps to Just Eat's customer service within one month of discovering such inaccuracies.
14. Just Eat has the right to:
to. correct any incorrectly or incorrectly assigned Stamps; or
b. correct Stamps assigned when the Order and/or payment for the same have been cancelled; And
c. cancel any Loyalty Card Discounts redeemed with such Stamps.
Loyalty Card Discounts
15. Loyalty Card Discount:
a. can only be redeemed with an Order at the Participating Business that awarded the five Stamps;
b. can only be redeemed in conjunction with an online payment;
c. it can be redeemed with other offers or vouchers, provided that the voucher does not exceed the total payment following the application of the Loyalty Card Discount;
d. can only be redeemed for Orders with a value equal to or greater than the Loyalty Card Discount;
And. may be carried over to your next Order for as long as the Loyalty Card Discount is redeemable in accordance with clause 15(d).
16. The value of the Loyalty Card Discount is equal to 10% of the total value of the paid Orders (excluding any other offers or vouchers applied to the Order) for the five Orders that generated the Stamps.
17. The Loyalty Card Discount must be redeemed with a single order.
18. The Loyalty Card Discount is issued within 24 hours after every 5th Order from a participating Business.
19. The Loyalty Card Discount is redeemable up to 90 days after the Loyalty Card Discount is issued.
20. After the expiry of the Loyalty Card Discount, the Stamps used to complete this discount will not be returned to the user.
Duration, modification and termination of the Loyalty Card Program
21. Just Eat may change these Loyalty Card Terms and Conditions and any aspect of the Loyalty Card Program, including redemption procedures and rewards in any respect, all without notice. For example, this includes, but is not limited to: adding, deleting or changing time limits for the collection, redemption or use of Loyalty Card Stamps or Discounts. Just Eat will publish the amended Loyalty Card Terms and Conditions on the website.
22. Your continued participation in the Loyalty Card Program after any changes constitutes your acceptance of any changes to these Loyalty Card Terms and Conditions.
23. Just Eat reserves the right to cancel the Loyalty Card Program at any time without notice. In case of cancellation of the Loyalty Card Programme, it will no longer be possible to collect Stamps. However, Loyalty Card Discounts will remain valid until their expiry date.
24. A Participating Business is free to terminate its participation in the Loyalty Card Program at any time without notice. In the event of termination by a Participating Business, it will no longer be possible to collect Stamps from that Business. The Loyalty Card Discounts of that Business will still remain valid until the expiry date.
25. A Participating Business may leave the Website. In the event that a Participating Business is no longer present on the website, it will no longer be possible to collect Stamps from that Business and the Loyalty Card Discounts of that Business will expire.
Just Eat reserves the right to deny or suspend the collection of Stamps in the event of (suspected) violation of the Website Terms and Conditions or of these Loyalty Card Terms and Conditions.