Please note that we amend these Conditions from time to time. Every time you wish to use the Services, please check the most recent version of the Conditions to ensure you understand the terms applying to you at that time. We also reserve the right to update the prices on the Website at any time.
Allergen: cereals containing gluten, crustaceans, eggs, fish, peanuts, soybeans, milk, nuts, celery, mustard, sesame seeds, sulphur dioxide and sulphites, lupin, molluscs and any of their products thereof. The Supplier does not permit the use of peanuts in its premises; however, the Supplier cannot guarantee the absence of peanut in outsourced products.
Appliable Laws: all applicable laws, regulations, regulatory requirements, codes of practice, and guidance in force from time to time and/or governing the supply of and the performance of the Services in the UAE along with the Data Protection Laws.
Charges: the charges payable by the Customer for the supply of the Goods/Services in accordance with Clause 8.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person who purchases the Goods from the Supplier.
Data Protection Laws: all applicable UAE data protection and privacy laws from time to time in force.
Force Majeure Event: an event or circumstance beyond a Party’s reasonable control.
Goods: the fresh produce, meal kit bundles, ready to eat meals, meats, sauces and soups, ice cream and baked goods (or any part of them) as listed on the Website.
Intellectual Property: all patents, trade-marks, service marks, trade names, goodwill, brand names, logos, imagery, registered designs, design rights, semiconductor topography rights, database rights, copyrights and other forms of intellectual or industrial property (in each case in any part of the world, whether or not registered or registrable for their full period of registration with all extensions, renewals and revivals, and including all applications for registration or otherwise), inventions, formulae, confidential information (including know-how or secret processes), rights in computer software and any similar or equivalent rights and assets which may now or in the future subsist anywhere in the world.
Invoice: a tax-compliant invoice(s) inclusive of VAT and other government fees, charges or expenses required as per the Applicable Laws.
Order: the Customer’s online purchase order for the Goods, as transacted through one of the Supplier Channels.
Parties: the Customer and the Supplier, each a Party.
Personal Data: any information relating to an identified or identifiable living individual who can be identified from those data and other information which is in the possession of or is likely to come into the possession of the Supplier.
Specification: the description and any specification for the Goods that is provided by the Supplier to the Customer either on the Website or via one of the other Supplier Channels.
Supplier: Emirates Cuisine Solutions LLC (trading as Eatboxx) registered in Dubai, UAE.
Supplier Channels: the mode by which the Supplier will market and sell the Goods. This can include websites, mobile applications, and social media channels, including WhatsApp.
UAE: the United Arab Emirates.
VAT: any value added tax chargeable under the Applicable Laws.
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes emails.
BASIS OF CONTRACT
The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
An order shall only be deemed to be accepted when the Customer places the order by checking out his/her online shopping cart and the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence. The Supplier may accept or decline orders at its absolute discretion, and may impose further conditions for acceptance of Orders.
Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s quotation or materials that are produced for the sole purpose of giving an approximate idea of the Goods referred to in them, they shall not form part of the Contract nor have any contractual force.
These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Goods are subject to availability.
The Supplier shall supply the Goods listed in an Order accepted by the Supplier to the Customer in accordance with the Specification.
The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements, or ifnot materially affecting the nature or quality of the Services (including minor changes if key ingredients and/or supplies cannot be sourced).
The Supplier cannot guarantee compliance to an Allergen free environment for the meals produced as the Supplier uses common areas for the storage of materials and common kitchen facilities/equipment are used for production/assembly of all meals. It is the responsibility of the Customer to mention any allergies.
The Customer shall:
ensure that the Order and any information it provides in relation to the Order such as his/her delivery address are complete and accurate;
co-operate with the Supplier in all matters relating to the supply of the Goods;
provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation or other facilities specified in the Order as reasonably required by the Supplier in order to supply the Goods;
provide the Supplier with such information as the Supplier may reasonably require in order to supply the Goods, and ensure that such information is accurate in all material respects;
comply with any and all Applicable Laws.
If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer then, without prejudice to any other right or remedy it may have, the Supplier shall be permitted an extension of time to perform its obligations equal to the delay caused by the Customer and the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer.
The Supplier shall deliver the Goods to the location set out in the Order or such other location as Supplier may agree at any time
Customer must be available to accept delivery.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Customer shall be responsible for securing any permissions, licenses, NOCs or special security access required for the supply of the Goods.
The Supplier warrants that on delivery, the Goods shall:
conform in all material respects with the Specification;
be of satisfactory quality; and
comply with any specific requirements Customer tells Supplier about (and Supplier agrees to) before Customer places his/her order.
Subject to Clause 6.3, if:
the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 6.1;
the Supplier is given a reasonable opportunity of examining such Goods; and
the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business, the Supplier shall, at its option, replace the defective Goods, or refund the Charges of the defective Goods in full.
The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in Clause 6.1 in any of the following events:
the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice regarding the same;
the Customer alters such Goods without the written consent of the Supplier;
the defect arises as a result of negligence or abnormal storage conditions; or
the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this Clause 6, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in Clause 6.1.
These Conditions shall apply to any replacement Goods supplied by the Supplier.
Legal title in the Goods shall pass to the Customer on completion of delivery provided full payment has been received by Supplier.
PRICE AND PAYMENT
The price of the Goods shall be the price set out in any of the Supplier Channels and/or the Order.
The price of the Goods includes amounts in respect of value added tax (VAT), which will be identified in a valid VAT invoice.
The Supplier may invoice the Customer for the Goods at any time in advance of completion of delivery.
In respect of any Order submitted by a Customer, the Customer is required to pay for the Goods in full and in advance, prior to completion of delivery (“Mandatory Prepayment”) through the mode of payment advised by the Supplier. Payment can be made by cash or card on delivery.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding.
SUSPENSION AND CANCELLATION
Without limiting its other rights or remedies, the Supplier may suspend the provision of the Goods/Services, including any Order, under the Contract, or any other agreement between the Customer and Supplier, if the Customer breaches the Conditions, or Supplier reasonably believes that the Customer is about to breach the Contract, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
The Customer hereby agrees and acknowledges that upon entering into the Contract, the Supplier is committing considerable time and resources to the Order and any cancellation by the Customer would result in lost income for the Supplier which would be difficult for the Supplier to precisely calculate.
If the Customer wishes to cancel the Order without any penalty, the Customer must provide written notice to the Supplier on the date of the Order. Otherwise, the Customer is liable to pay the full amount of the Order and if the driver has been dispatched the Customer will also be charged for delivery.
On suspension or termination of the Contract, or any Order for any reason the Customer shall immediately pay to Supplier all Supplier’s outstanding unpaid invoices and any applicable interest.
The Supplier may suspend or terminate this Contract for any reason at any time with immediate effect and without any liability by providing written notice to the Customer.
The Services and all information on the Website are provided on an ‘as is’ basis. The information appearing on the Website could include technical, typographical, or photographic errors. Supplier makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or other violation of rights. Furthermore, Supplier does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services, the information on the Website or otherwise relating to any sites linked to the Website.
Supplier may make changes to the information contained on the Website at any time without notice.
INDEMNITY AND LIMITATION OF LIABILITY
Both Parties hereby agree to indemnify and keep indemnified the other Party on demand against all direct losses, liabilities and costs which the other Party may incur arising out of, or in connection with a breach of the Contract (including any failure to pay any amount due thereunder).
In particular, the Customer hereby agrees to indemnify the Supplier for costs relating to:
the provision of debt recovery services which the Supplier may opt to engage, in order to recover overdue amounts and related interest that the Customer owes under this Contract; and/or
any reasonable legal fees incurred relating to legal costs associated with such recovery.
Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability matter which cannot be limited or excluded by applicable law.
Subject to Clause 11.3, the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Contract for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; or any indirect or consequential loss.
Subject to the foregoing, the Supplier’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Conditions shall be limited to forty per cent. (40%) of the total price paid by the Customer under these Term and Conditions in respect of the relevant
This clause 10 shall survive termination of the
No announcement or other publicity in connection with this Contract, Conditions, or the Services, including the existence or content of this Contract, and any Order, shall be made by or on behalf of either Party without the prior written consent of the other Party.
Assignment and other dealings. The Supplier may, and the Customer may not, at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract to any third party or agent.
Supplier shall comply with applicable Data Protection Laws and shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under this Contract process that Personal Data only to the extent necessary to complete the Order.
Supplier shall ensure that appropriate technical and organisational measures are in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
Supplier shall ensure that all personnel who have access to or process Personal Data are obliged to keep the Personal Data confidential.
Force Majeure. Neither Party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations (except for payment obligations) under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for fourteen (14) days, the Party not affected may terminate this Contract by giving fourteen (14) days written notice to the affected Party.
The Customer will not use any Intellectual Property (whether registered or unregistered) of the Supplier without prior written consent of the Supplier.
This Contract (including the accepted Order and the Specification) contains the whole and only agreement between the Parties in connection with matters contemplated herein and supersedes all previous agreements between the Parties, (whether written or oral) relating to the matters dealt with in this Contract.
Each Party agrees and acknowledges that, in entering into this Contract, it is not relying on any representation, warranty, undertaking, covenant or assurance of any nature whatsoever (whether or not in writing) made or given by any person (whether a Party to the Contract or not) which is not expressly set out in the Contract and waives all remedies and rights of action which, but for this clause, might otherwise be available to it in respect of any such representation, warranty, undertaking, covenant or assurance.
Nothing in this clause shall have the effect of limiting or excluding any liability for, or remedy in respect of fraud, wilful concealment or deliberate non-disclosure.
Waivers and Remedies. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of any right or remedy shall not waive that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy.
If any provision of the Contract is held to be illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, then such provision (or part thereof) shall to that extent be deemed not to form part of this Contract but the legality, validity and enforceability of the remainder of this Contract shall not be affected.
Any notice or other communication given to a Party under or in connection with the Contract shall be in writing, in English, addressed to that Party by email.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Further Assurance. Each Party hereby agrees to execute any further such documents and do such acts and things as the other Party may reasonably require to give effect to this Contract.
Third party rights. No one other than a Party to this Contract shall have any right to enforce any of its terms.
Governing law and Jurisdiction. This Contract is governed and construed in accordance with the laws in force in the Emirate of Dubai. Each Party irrevocably agrees that the Dubai Courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.