Terms & Conditions
Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering. By ordering any Food from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
Pickub.be is operated by Pickup ("we" or "us" or "Pickup"), incorporated and registered in the England and Wales, whose registered office is at 71-75 Shelton Street London Greater London WC2H 9JQ. Pickup provides: on- demand delivery services, via a mobile application or the website (collectively, “Platform”). The Platform connects you with local restaurants (“Partners”). The Platform also connects our Partners to independent contractor drivers to carry out our on-demand delivery services. Through the Platform consumers may request that food is delivered to them from particular restaurant. Independent contractor drivers can access the Platform and receive delivery opportunities. Pickup is not a retail store, restaurant, food delivery service, merchandise delivery service or food preparation entity.
The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner’s online Restaurant and if they sell products, allowing you to order those products from them. Pickup.be and our online APP on IOS and Android showcase products on behalf of our Partners, concludes orders on their behalf and delivers the products to you.
Pickup offers an ordering and delivery service from our Restaurant and Store Partners throughout Belgium. Each Partner has a prescribed delivery area. This is to ensure that their products 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. We do not accept orders from individuals to areas in which we do not have a Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partners.
Minimum order values are set by the individual Partners. When you place an order through our Service, an email confirming that your order has been received and accepted by our Partners (the "Confirmation Email") will be sent to you by us, on behalf of the Partner. The contract for the supply of any Order you order through us will be between you and the Partner and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrives to the correct location.
Most of our Partners will use our delivery service to deliver your goods and these terms and conditions will therefore apply. If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Order plus delivery. Sometimes, things outside of our control can cause a delay. If this happens, where possible, we will try and contact you if we feel that your order might not arrive within 45 minutes, and we will continue to get it to you as quickly as possible. You can also track your order to see exactly where it is by using the Pickup website or app.
Availability And Delivery
For partners using our Pickup delivery service, our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your product order is delivered by the time specified in the email and web-site or APP. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner at that time.
Additions to your Order
If your order is completed and payment has been accepted, you will have to order the extra items and either pay for a new delivery or arrange to collect.
You may cancel an order without charge at any time before the Restaurant has started preparing the order . If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Restaurant confirms the order was not a Started Order, we will refund your payment (excluding any discount, that was applied to the order). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been dispatched you will also be charged for delivery.
Pickup and the Restaurant 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 Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your order.
Non-perishable items: You have 14 days to return the item for a full refund (minus any delivery cost). Please take the item back to the Store with your printed receipt for a refund. Refunds will be processed within 14 days, however all items must be in their original condition – unused and with labels and packaging please.
Price And Payment
The price of any product will be listed on our Service. Prices include VAT. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Orders listed on our Service may be incorrectly priced. The relevant Restaurant will normally verify prices as part of the order process. Payment for all products can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Pickup and is subsequently passed on by Pickup, to the Partner. We are authorised by our Partners to accept payment on their behalf and payment of the price of any Orders to us will discharge your obligations to pay such price to the Partner. When we make a delivery, we may at our sole discretion charge you a payment processing fee ("Delivery Fee") which will be notified to you before you complete your order.
Accessing Our Services
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site, Apps and our Service without notice (see below). We will not be liable if, for any reason, our Site, Apps and our Service is unavailable at any time or for any period. You must be over 18 years of age to order any services on the Pickup app. Our drivers will request to see appropriate ID (photo passport, driving licence, PASS card) for anyone who appears to be under the age of 25 and will refuse to deliver any goods if appropriate ID has not been shown. From time to time, we may restrict access to some parts our Site, Apps and our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@Pickup.be straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site, Apps and our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site, Apps and our Service or any network or equipment used in the provision of our Service.
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not: contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory,promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion,nationality, disability, sexual orientation or age; infringe any copyright, database right or trademark of any other person;be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site, Apps and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site, Apps and our Service regularly and may change the content at any time. If the need arises, we may suspend access to our Site, Apps and our Service or close them indefinitely. Any of the material on our Site, Apps and our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site, Apps and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site, Apps and our Service. If we are informed of any inaccuracies on our Site or in our Service, we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Information About You And Your Visits To Our Site And Use Of Our Service
Uploading Material To our Site, Apps and our Service
Any material you upload to our Service or data that we collect as set out above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Links From Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Third Party Services
- For Third Party Services, Pickup acts as a disclosed agent between you and the Third-Party Providers to enable them to provide the Third-Party Services to you. Pickup does not provide Third Party Services. All Third-Party Providers are independent third-party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Pickup.
- When you are logged in, online and in the service area of a Third-Party Provider, you will be given information in Pickup mobile applications and/or websites about the Third-Party Services before you decide to make a request.
- Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through Pickup mobile applications and/or websites and will give rise to a direct contract between you and the Third-Party Provider (for Third Party Services).
- You may be asked to rate the Third-Party Provider whose services you requested. The Third-Party Provider may also be able to give you a rating. Although your rating by itself will not make you lose access to Pickup App(s)/Website(s) Services, Third Party Providers may see your rating in Pickup mobile applications and/or websites and this rating may affect whether or not they decide to provide Third Party Services to you.
- The Third-Party Provider is responsible for any obligations that may arise from the provision of the Third-Party Services.
To the extent permitted by law, Pickup provides our Service 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 our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Pickup nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Pickup or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the products you have paid for in your order. This does not include or limit in any way Pickup's or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Events Outside Our Control
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, death, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Pickup nor the Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, death, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
Our Right To Vary These Terms And Conditions
Law and Jurisdiction