FoodHutz Service Terms
Last updated: 4 Janurary 2024
Welcome to FoodHutz. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any items (the "Items") from our FoodHutz.co.uk website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before creating a FoodHutz account or using our Application. If you have any questions relating to these Terms please contact support@FoodHutz.co.uk. If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them.
By setting up your FoodHutz account, you confirm that you accept these Terms.
FoodHutz.co.uk is operated by D FOOD HUTZ LTD, a company incorporated and registered in England and Wales, whose registered office is at 12 Tomblin Mews London SW16 5FR, United Kingdom. Our Company registration number is 13442578. You may contact us at support@FoodHutz.co.uk, or by using the instant messaging facility on our Application.
Our objective is to link you to the businesses we partner with (“Partners") to allow you to:
purchase Items, and
get those items delivered to your chosen location.
When you order from a Partner, you are buying the Items from one of our Partners and FoodHutz 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. In plain terms, this means it’s our Partners’ responsibility to complete your order, and we simply provide the platform that helps your order reach our Partner and we take payment from you on their behalf. Sometimes, our Partner may be part of the FoodHutz family of companies.
You are also buying delivery services. How these are provided depends on which party you are buying from:
Delivery of your Items can be arranged by FoodHutz (“FoodHutz Delivery”, in which case your contract for delivery is with FoodHutz, and FoodHutz will arrange delivery via an independently contracted rider).
Sometimes, delivery of your Items will be arranged by our Partner (“Partner Delivery”, in which case you contract directly with the Partner for delivery services and FoodHutz acts as an agent on behalf of that Partner to conclude the transaction)
(each a “Delivery”).
Before you can place orders for Items using our Application, you need to open a FoodHutz 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 must use your own, valid email address, and can have only one email address per account and only one account per customer.
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 riders, 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 your bank details (provided you have supplied them to us).
FoodHutz 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 FoodHutz account. We’ll use your information as per our Privacy Policy.
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.
You must be aged 18 or older to use our Site and Service. By placing an order through our Application, 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 (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery and service charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partners operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.
For food or drinks made to order, 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 an allergy and have further questions, please contact the Partner prior to ordering. FoodHutz cannot guarantee that any of the Items sold by our Partners are free of allergens. We’re not responsible for the preparation of Items offered by our Partners, and we can’t guarantee they won’t contain allergens. It’s your responsibility to make our Partners aware of any allergies or food intolerances you may have.
When you place an order you will have the choice to place it as an ASAP Delivery, scheduled Delivery. Group Order 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 within the estimated arrival time.
Group Order Delivery is our Eco-friendly concept that really reduce cost of delivery fee and also cost of items because you would be buying in group.
We may also talk about delivery timing in our marketing communications. It's important that you always check our app for accurate delivery times, as this can vary for a number of reasons including meal preparation time, traffic and weather conditions and Rider availability.
Unfortunately, despite our, and our Partner's best efforts, things do not always go to plan and factors may prevent us from delivering your Item on time. If your order is more than 15 minutes later than the latest time we communicated to you when you placed the order, we will work with you to understand what occurred. If we think the issue was caused by us, we may offer compensation, at our sole discretion.
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 the address to an alternative one that is registered with your account if you let us know before the Partner has started to prepare your order, and the new address is within the same zone as the address you originally ordered your Item to. If the new address does not meet these conditions, you have the option to cancel the order, but if food preparation has started you will be charged.
You will still be charged for the Item and for delivery 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, do not provide a handover code, did not pick up the phone when the rider 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 rider is unable to find a safe location to leave the Item.
The rider refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).
If you have caused a failed delivery, you may also have to pay for Items that are non-refundable and any delivery and service fees paid. Please refer to the refund or cancellation policy of the Partner you purchased the Item from for the terms that apply to that Item (if applicable) and any Partner Delivery you have paid for. Please refer to section 9 (Cancellation) for the terms that apply to any Item you have ordered from FoodHutz and any FoodHutz Delivery you have paid for.
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. You also have certain legal rights where you receive a service, including that it must be carried out with reasonable care and skill. If you believe that the Items you have been delivered or the Service provided do not comply with these legal rights, please let us know. We may request further information or a photograph showing the problem if it is something that can be seen by inspecting the Items. When you have purchased a faulty Item from our Partner, we will refer you to the Partner who will work with you to make things right. For Items that are eligible for return, You will have to return the Item to the Partner (or to us if you have purchased it from FoodHutz ) and we or the Partner will explain how to do so. You can find out more about your legal rights as a consumer if something is wrong with your Items at: https://www.citizensadvice.org.uk/consumer/.
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. For FoodHutz Delivery, FoodHutz operates an age verification policy whereby customers ordering age restricted products will be asked by the rider to provide proof that they are aged 18 or over before the delivery is completed. Partners are required to operate, and are responsible for, operating an age verification policy for Partner Delivery orders. The rider 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 and the rider 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 and for delivery.
Certain of our Partners may offer medicines for sale on FoodHutz. These products are sold by our Partners. Details of our Partners’ registrations to sell medicines can be found in “Info” on relevant menu pages. The sale of medicines in the EU is regulated by the Medicines and Healthcare Products Agency, whose contact details in the UK are:
Address: MHRA 151 Buckingham Palace Road, London SW1W 9SZ
Email: info@mhra.gsi.gov.uk
Telephone: 020 3080 6000
If you have ordered a food or drink made to order, you may cancel that order without charge at any time before the Partner has started preparing the food or drink (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the rider has been despatched you will also be charged for delivery.
FoodHutz 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. We may also apply credit to your account to reflect the inconvenience caused.
If you have ordered an Item that is non-perishable from a Partner, you usually have a legal right to change your mind about your order for any reason within 14 days and receive a refund for the Item, subject to certain exceptions, including if the Item is likely to expire or deteriorate quickly (e.g. ready-to-eat food ) or cannot be returned for hygiene reasons. Please refer to the refund or cancellation policy of the Partner you purchased the Item from for the specific terms that apply to you, including how to return the Item and receive a refund. Each Partner’s refund or cancellation policy can be found on their website or in the info section of their FoodHutz menu. .
If you have ordered an Item from FoodHutz, you have a legal right to change your mind about your order for any reason within 14 days and receive a refund for the Item, subject to certain exceptions, including if the Item:
is likely to expire or deteriorate rapidly (examples include fresh, chilled, frozen or otherwise perishable food and fresh Fruits);
was sold sealed and has become unsealed after delivery and is not suitable for return due to health protection or hygiene reasons (examples include toothbrushes and other personal hygiene products);
is customised, bespoke or personalised; or
is a newspaper or magazine.
These exceptions also apply if you have caused a failed delivery of any Item purchased from FoodHutz in accordance with section 6 (Delivery).
If you change your mind about an Item purchased from FoodHutz, subject to the excluded Item categories listed above, you must let us know no later than 14 days after the day you received the Item by contacting our customer service team via the Application or by filling in the cancellation form below and emailing it to us at support@FoodHutz.co.uk
To: FoodHutz, 12 Tomblin Mews, SW16 5FR London, United Kingdom.
Te:
Email:
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [*],
Ordered on []/received on [],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
Returns are at your own cost and you have to return the Item to us within 14 days of telling us that you have changed your mind. When sending the Item back to us, you should keep a receipt or other evidence to prove that you have sent the Item and when you sent it. If you do not do this and we do not receive the Item within a reasonable time or at all, we will not refund you for the Item. We will refund you within 14 days of receiving the Item (or receiving evidence that you have sent it to us) by the method you used for payment when ordering the Item. Please note that we will reduce your refund if you have used or damaged the Item.
If you change your mind about an Item where you have a right to do so, any fee you have paid for FoodHutz Delivery is non-refundable. This is because this is a service that has been fully provided by FoodHutz (even though you have chosen to return the Item). The Partner’s refund or cancellation policy will apply to any Partner Delivery you have paid for. As you also have to pay for any other Services received up until the point of cancellation, we reserve the right to keep a proportionate part of any service fee. Our right to withhold the fee for FoodHutz Delivery and part of the service fee also applies if you have caused a failed delivery in accordance with section 6 (Delivery).
Prices include VAT. You confirm that you are using our Service for personal, non-commercial use. FoodHutz may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner. We reserve the right to charge a service fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable service fee and taxes prior to purchase on the checkout page on our Application. 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. Where FoodHutz or any Partner makes a delivery, we or the Partner may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable service fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by FoodHutz. 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 FoodHutz acting as agent on behalf of the Partner only. Payment may also be made by using vouchers or account credit. Use of these is subject to FoodHutz's Voucher and Account Credit Terms.
We are authorised by our Partners to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner. In some cases, you can alternatively make your payment in cash directly to the Partner by paying the rider at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.
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.
When Placing Your Order:
When you place an order, you will have the option to pay a tip to your rider or the Partner, in addition to the purchase price of the Items in your order. Any payment will be collected by FoodHutz using the payment method used for the original order and your rider or the Partner will receive 100% of any payment you choose to make. If you have a right to change your mind about an Item purchased from FoodHutz and you choose to do so in accordance with section 9 (Cancellation), any tip you paid to FoodHutz will also be refunded. If you have purchased an Item from a Partner, please refer to the refund or cancellation policy of the Partner you purchased the Item from for the terms that apply to you. Any tip paid to the rider will not be refunded if you change your mind about the Item.
After You’ve Received Your Order:
Once you’ve received your order, you may receive a notification giving you the chance to pay a tip to your rider. FoodHutz will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. We’ll share your first name with your rider when we notify them of the tip. Your rider will receive 100% of any payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. This applies even if you change your mind about an Item or if something is wrong with your Item. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
We process your personal data in accordance with our Privacy Policy which can be found .
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
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.