Here is an example of what Arthur says; One customer checked Arthur`s delivery with this star-studded note ”We had cold popcorn chickens that taste like rubber, cold crisps that no one wanted to eat and our drinks were hot.” Uber apologized with this response: ”I am sorry for your experience. We study what happened, often the drivers of EATS will accept too many orders: and therefore, unfortunately, provide cold food. 4. Contract refers to the legally binding agreement between you and us regarding the delivery of the goods; Since we accept your order and we can enter into a legally enforceable agreement without further indication, you should read these terms and conditions of sale to ensure that they contain everything you want and nothing that does not satisfy you. 26. We deliver the goods without delay and, in any event, no more than 30 days after the date the contract is concluded, until the agreed date or time frame or, if no agreement has been reached. This essentially implies that the courier is an individual or a company that has access to the Uber Eats app and receives requests for deliveries, but is not obliged to do so, because the valet does not have a legal position with Uber, such as the agreement that Uber pays that person for a service that Uber makes available to a customer via a restaurant. Are you starting to see where it`s going? In short, none. The inclusion of abusive contractual clauses in an agreement does not result in legal sanction. Indeed, S 23 of the ACL simply allows the ACCC to challenge the offensive clause in court and declare it ”zero”.
In short, this means that the ACCC cannot receive civil fines if it turns out that a contract term is found to be abusive. 1. These terms and conditions apply to the purchase of the goods by you (the customer or you). We are Kinara International Ltd, whose trade name is www.ubereatskit.co.uk, a company registered in England and Wales under the number 11204753, headquartered at Churchill House, 137-139 Brent Street, Hendon, London, United Kingdom, NW4 4DJ. with firstname.lastname@example.org email address; (the supplier or us). G. The purchaser guarantees that he is not insolvent at the time of the conclusion of this agreement and knows of no circumstances that would allow a creditor to appoint a liquidator, apply for liquidation or bankruptcy, or exercise other rights over or against his assets. 52. You can also complete and submit electronically the model cancellation form or any other clear explanation of the customer`s decision to revoke the contract on our website www.ubereatskit.co.uk. If you use this option, we will immediately provide you with an acknowledgement of such a cancellation in a permanent media (z.B by email).