These terms and conditions will apply to any orders you make on the Uber Eats App with Third Party Providers (“Non-Partner Order”), and are expressly incorporated into and made a part of the general Terms of Use and the Delivery Services Agreement (where applicable).
Capitalised terms in these terms will have the meaning set forth in the Terms of Use or the Delivery Services Agreement. To the extent of any inconsistency between these terms, the Terms of Use and the Delivery Services Agreement, these terms shall prevail, but only to the extent of the inconsistency.
By placing a Non-Partner Order, you acknowledge and agree that:
a. Uber has not contracted with the relevant Third Party Provider. You appoint Uber as your commercial agent to conclude the purchase of Items and Delivery from such Third Party Provider on your behalf and in your name;
b. The contract between you and Uber for the provision of agency services in relation to a Non-Partner Order shall not be made until Uber informs you (“Order Confirmation”). We shall provide you with the Order Confirmation once we have confirmed the Non-Partner Order and the total fees with the Third Party Provider;
c. Final sub-totals, delivery fees and taxes on Non-Partner Orders that appear in the Uber Eats App are estimated by Uber. This is because these fees are set by Third Party Providers and are not under Uber’s control. Therefore these fees may in certain cases be higher than those quoted in the Uber Eats App. Should that happen, the final total of your Non-Partner Order will increase accordingly and Uber will notify you. You will then have the opportunity to either discard your Non-Partner Order or proceed. Should you proceed, we will confirm your order and send you the Order Confirmation;
d. Items and Delivery Services are provided by Third Party Providers, using their own Delivery Partners. Uber takes no responsibility for and does not guarantee the completion of the Delivery Services or provision of Items;
e. Uber has not conducted a background check on the Third Party Provider or their Delivery Partners;
f. Uber may share certain personal information about you with the Third Party Provider so that your Non-Partner Order can be delivered, including your first name, last initial, phone number and delivery address.
g. Uber may charge an additional fee (“Marketplace Fee”) on a Non-Partner Order. The Marketplace Fee is a charge for connection services, paid by you to Uber, to place a Non-Partner Order.
h. Where a Marketplace Fee applies, the exact amount of the Marketplace Fee will be communicated to you before you place your order.
i. The Marketplace Fee will be communicated in Euros and include VAT.
j. You are free at all times to discard a Non-Partner Order prior to submission.
k. Third Party Providers may not accept advance digital payments prior to fulfilment of your Non-Partner Order and in such cases you will be required to make payment on delivery. Payment may be made with cash and/or card as specified to you by Uber during the Non-Partner Order process.