This Delivery Service Agreement (The “Terms”) sets forth relevant terms and conditions governing the provision of Delivery Services for items received via Qbit Kitchen, and your relationship with Qbit Kitchen where you request it to provide Delivery Services as described below. You can contact us by using the Help Section on the Qbit Kitchen page.
In order to request Delivery Services in the UK for the first time, all Qbit Kitchen users must accept these terms and conditions. By requesting Delivery Services, you confirm that you accept these terms. These terms will apply to all subsequent orders you receive for Delivery Services.
When accessing or using the Delivery Services, you consent to be bound by the terms, as amended, at the time you use the Delivery Services.
These terms are additional to terms you have entered into in relation to your use of Qbit Kitchen website services. For the purpose of Qbit Kitchen terms, the Qbit Kitchen entity you have contracted with for Qbit Kitchen delivery is Stuart.
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This Delivery Service Agreement (The “Terms”) sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via Qbit Kitchen, and your relationship with Qbit Kitchen where you request it to provide Delivery Services as described below. You can contact us by using the Help Section of the Qbit Kitchen page.
In order to request Delivery Services in the UK for the first time, all Qbit Kitchen users must accept these terms and conditions. By requesting Delivery Services, you confirm that you accept these terms. These terms will apply to all subsequent orders you place for Delivery Services.
When accessing or using the Delivery Services, you consent to be bound by the terms, as amended, at the time you use the Delivery Services.
These terms are additional to terms you have entered into in relation to your use of Qbit Kitchen website services. For the purpose of Qbit Kitchen terms, the Qbit Kitchen entity you have contracted with for Qbit Kitchen delivery is Stuart.
The delivery driver may need to contact the customer by telephone after acceptance of the delivery orders. The customer must be contactable on the number indicated by it in its account in order to answer the delivery driver’s questions.
The delivery driver may also need to contact the takeaway and/or Qbit Kitchen, if not the customer, by telephone at the time of delivery of orders.
In this respect, the customer who has entered the telephone numbers of Qbit Kitchen and/or the takeaway, so they can be contacted by the delivery driver within the framework of the delivery of orders, represents and warrants that it has obtained their agreement to do so.
The telephone details entered are only kept by Qbit Kitchen for the time of delivery of orders and are encrypted. This means that the delivery driver can contact the customer and/or the takeaway and/or Qbit Kitchen, via the application, without being able to see the telephone numbers.
Irrespective of the method of transport used or the package size selected by the customer, if the delivery driver accepts the delivery of an order, it undertakes to the customer to give effect to the delivery of orders as contemplated by the GCU.
Acceptance of the delivery driver of an order via the application binds the delivery driver to undertake the said delivery of orders, pursuant to the provisions of the GCU. Qbit Kitchen cannot require or force a delivery driver to accept a delivery order and the delivery driver makes any such acceptance entirely at its own discretion.
The customer enters into the application the collection address, the takeaway from whom the delivery driver must collect the orders, the delivery address and the customer to which the delivery driver must deliver the orders, together with, as a minimum, a telephone number, which may be that of the customer and/or the takeaway and/or Qbit Kitchen, and lastly the order size which relates to the orders or the method of transport (as appropriate).
The customer acknowledges and agrees that this is essential information for the delivery of orders on the basis of which the delivery driver is bound.
The Customer represents and warrants to the Qbit Kitchen and the delivery driver that it shall;
Request the delivery of orders to a named individual;
Have the prior permission of the takeaway and the Qbit Kitchen to communicate to the Qbit Kitchen and the delivery driver the information entered concerning them, which may be a surname, forename, postal address, and telephone number, to enable the delivery of orders;
Specify the details, obvious or otherwise, of the orders when they may have repercussions on the progress of the delivery by the delivery driver, in particular, if they do not correspond to the order size selected by the customer or they may affect the method of transport;
Not request delivery of orders to a customer who is inaccessible or which would require unreasonable efforts by the delivery driver, such as customers who may be incarcerated or whose address is inaccessible by land and/or close to the marked road;
Only use the service and the delivery orders for legal purposes.
Subject to the foregoing, a fixed and final price, as deemed to have been agreed between the customer and the delivery driver shall then be communicated to the customer for the delivery of orders.
An estimate of the time for delivery of orders (including the approach time initially, then collection until delivery secondly) shall also be communicated to the customer. Any timeframes specified shall be indicative only and shall not be binding on the delivery driver (nor on the Qbit Kitchen, which, in accordance with the GCU, is not a party to the contract for the delivery of orders)
Pursuant to the GCU, and as stated elsewhere in the GCU, the delivery of orders is not executed by the Qbit Kitchen but by the Delivery Partners (Stuart) only.
If a customer refuses the delivery of orders due to the alleged destruction of the order or their damage, spoiling, or leakage, then the price of the service will be debited from the customer and it shall be the user’s responsibility to demonstrate to the Qbit Kitchen, that the alleged damage has indeed occurred, in which case a refund of the price of the service may be issued to the customer.
No suspension nor reimbursement of the price owed by the customer shall be made in any circumstances, including without limitation, the refusal of the Goods by the Recipient, or its refusal to receive them. If the customer refuses to accept the orders for any reason, the Delivery driver shall return the order through delivery of the order and the customer will be billed for such a return, or the customer can instruct the delivery driver to bin the order. For the avoidance of doubt, the delivery driver should not dispose of any orders unless expressly instructed to do so by the customer or the Qbit Kitchen. Any unauthorised disposal will be subject to loss of order. The customer acknowledges and agrees that the delivery driver is not responsible for any non-conformity of the orders or delay in delivery of orders in relation to the estimated time frame indicated and that these do not constitute a valid and admissible reason for refusing to accept the orders.
In the event of a dispute, it shall be the customer’s responsibility to contact the delivery driver to obtain any compensation and to inform the company of any such dispute.
The customer may cancel the order delivery, without cost, up to two (2) minutes before the delivery confirmation via the Application, provided that the orders have not been collected from the delivery driver.
After this time, the customer may cancel the delivery of the order before the order has been collected by the delivery driver from the takeaway. Should the customer cancel after the initial two (2) minutes have passed, the customer will be charged the cancellation fee. The cancellation fee is such other charges as Qbit Kitchen may determine and communicate to the takeaways on time.
Apart from the handover of orders to the delivery driver by the takeaways which have been confirmed on the application, then it's no longer possible for the customer to cancel the delivery of orders. However, at any time thereafter the customer can request a new ‘reverse’ delivery of orders, via the application, in order to return the orders to the takeaways or to any other customer. Any such request will be subject to the usual price set out.
For the avoidance of doubt, Qbit Kitchen shall play no part in the decision by a customer to cancel the delivery of an order but may need to give effect to the cancellation via the application if so requested by the customer.
The delivery driver may cancel the delivery of orders for any reason, whether through the application or by requesting the cancellation from Qbit Kitchen. If so requested, the Qbit Kitchen will give effect to the cancellation via the application on the delivery driver’s behalf. If the delivery driver cancels any delivery of orders for any reason, Qbit Kitchen will reassign an appropriate delivery driver.
If the delivery driver has waited for the collection of orders at the relevant collection address for a period in excess of the waiting time, the delivery driver may request cancellation of the delivery of orders. Should delivery of orders be cancelled following the request of the delivery driver in these circumstances, the customer will be charged the cancellation charges. This provision shall only be applicable once Qbit Kitchen has communicated in writing to the delivery driver the launch to wait at pick up in the delivery driver’s specific region.
For the avoidance of doubt, Qbit Kitchen shall play no part in the decision by the delivery driver to cancel an order delivery.
If the delivery driver is unable to contact the customer and /or the takeaway and/or the customer, the delivery driver may, at its discretion, automatically terminate the delivery of orders.
If the delivery driver is unable to give effect to the delivery of orders to the customer and terminates the delivery of orders pursuant, the delivery driver must return the order to the customer or the takeaway, as appropriate. For the avoidance of doubt, the delivery driver should not dispose of any orders unless expressly instructed to do so by the customer or Qbit Kitchen.
In order to give effect to the return, the delivery driver shall make contact with Qbit Kitchen in order to organise the delivery of orders to the collection address (reverse process) so that the delivery driver can return the orders to the takeaway or the customer. The cost of this delivery of the order shall be identical to that of the outward delivery.