Terms Of Service
Last updated: 8 December 2023
Welcome to Delivery Shark. This page (together with the documents referred to in it) tells you the terms (the “Terms”) that apply when you order any items (the "Items") from our deliveryshark.co.uk website or mobile applications and related services (each referred to as an “Application”). Please read these Terms carefully before creating a Delivery Shark account or using our application. If you have any questions relating to these Terms, please contact support@deliveryshark.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 Delivery Shark account, you confirm that you accept these Terms.
1. Information About Us
Deliveryshark.co.uk is operated by Delivery Shark Ltd, a company incorporated and registered in England and Wales, whose registered office is atGround Floor, Unit 3, Riverside 2, Campbell Road, Stoke-On-Trent, Staffordshire, United Kingdom, ST4 4RJ. Our Company registration number is 15159215.You may contact us at support@deliveryshark.co.uk, or by using the instant messaging facility on our application.
2. Purpose
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 Delivery Shark 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 Delivery Shark 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 Delivery Shark (“Delivery Shark Delivery”, in which case your contract for delivery is with Delivery Shark, and Delivery Shark 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 Delivery Shark acts as an agent on behalf of that Partner to conclude the transaction) (each a “Delivery”).
- If you order from Delivery Shark, the Partner is owned by/affiliated with us, which means Delivery Shark provides both the Items and the Delivery. See section for more information.
*3. Your Account*
Before you can place orders for Items using our Application, you need to open a Delivery Shark 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).
Delivery Shark 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 Delivery Shark account. We’ll use your information as per our Privacy Policy.
4. Service Availability
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.
*5. Orders*
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. Delivery Shark 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.
6. Delivery
When you place an order you will have the choice to place it as an ASAP Delivery, scheduled Delivery, or a premium 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.
- Premium delivery guarantees that your rider will deliver your order directly to you, before delivering any other Delivery Shark orders. This is an optional service that eligible customers can choose to add to their eligible orders.
If your premium delivery arrives after the estimated maximum delivery time, we’ll automatically refund you the price of the premium delivery.
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 Delivery Shark Hop and any Delivery Shark Delivery you have paid for.