TERMS AND CONDITIONS

Pret Delivers is the online service owned and operated by Pret A Manger USA INC. ("Pret"). Access to the Pret Delivers Site delivery.pret.com ("Pret Delivers Site") is subject to registration and the following terms and conditions ("Terms and Conditions"). Your use of the Pret Delivers Site constitutes your acceptance of these Terms and Conditions on behalf of yourself and of any user that you authorize to use your device to access the Pret Delivers Site, or your Pret Delivers account, including your minor children. If you are accessing the Pret Delivers Site as an employee or representative of a company or organization, these Terms and Conditions are binding upon both you individually and that company or organization, and references to “you” or “your” shall apply to you individually and to such company or organization.

The Pret Delivers Site is provided solely for persons accessing the Pret Delivers Site from within the United States of America ("USA").

1 Registration

1.1 You are registering through the Pret Delivers Site as a user of the Pret Delivers service. By registering with us, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms and Conditions.

1.2 You shall provide, true, accurate and complete registration and ordering information. All information you submit to us will be treated in accordance with these Terms and Conditions.

1.3 Access to the Pret Delivers Site is via your user name and password, which is personal to you. You shall not allow your username and password to be used by anyone else, and shall not permit or assist anyone who is not a registered user to gain access to any part of the Pret Delivers Site. You shall immediately notify us if a third party obtains your username and/or password by emailing us via uscatering@pret.com.

You can change your password at any time via the "Personal Details" within the "My Account" area of the Pret Delivers Site.

1.4 Our privacy policy can be viewed by clicking the Privacy Policy link in the footer of the Pret Delivers Site.

1.5 Pret reserves the right to refuse the registration of a potential customer, or to terminate, suspend or otherwise restrict the registration of a customer, at any time for any reason whatsoever.

2 Making a purchase

2.1 To make a purchase, simply browse the Pret Delivers Site and click on any items that you wish to add to your order. After you have finished your selection, please click on "Proceed to Checkout" and you will be asked for certain details to complete your order.

2.2 There is a daily cut-off time for orders. For breakfast, the order must be placed by 5:00 p.m. the day before the requested delivery. For lunch, the order must be placed by 11:59 p.m. the day before the requested delivery. Amendments to, or cancellations of, orders can be made online up to those same cut-off times.

2.3 Any order you make for products on the Pret Delivers Site is an offer by you to purchase such products (subject to these Terms and Conditions), and acceptance of any order is at Pret's sole discretion. An order is deemed to have been accepted by Pret only when you receive an email confirmation to this effect.

2.4 While Pret will use its best efforts to ensure that an accepted order is correctly and satisfactorily fulfilled, Pret reserves the right to decline to fulfill an accepted order in whole or in part if we are unable to supply some or all items of an order because of unavailability or any unforeseen change of the products, or in the event of bad weather, traffic and/or any uncontrollable or unexpected conditions. In such cases, we will endeavor to contact you to amend or otherwise discuss your order. Should you have any difficulty in placing your order online, please call our helpline at 866-328-7738.

2.5 You will be liable for every order made under your username, and you agree to indemnify Pret for all claims arising from or relating to any such order (including the unauthorized use of your user name or account by a third party).

2.6 Pret reserves the right to decline to accept any order we may consider unreliable based on the user’s history.

2.7 Pret attempts to be as accurate as possible; however, Pret does not warrant that all product descriptions, photographs, pricing or other information on the Pret Delivers Site is accurate, complete, current, or error-free. All weights and size dimensions are approximate. If a product offered by Pret is not as described or pictured, your sole remedy is to return it for a refund. In the event of an error, whether on the Pret Delivers Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged.

2.8 Pret reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Pret Delivers Site or Pret Delivers service or any portion thereof, with or without notice. You agree that Pret shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service.

3 Price and payment

3.1 Prices are set out in Pret's published price list as shown on the Pret Delivers Site. Prices and availability information are subject to change without notice.

3.2 We accept payment online by Visa, American Express, MasterCard and Discover credit and debit cards. By using the online payment system, you represent and warrant that you have obtained your credit or debit card legally and have the capacity to enter into an online payment transaction. Payment will be charged against your card at the time of order. Amendments to, or cancellations of, orders can be made online up to the cut-off times set out at clause 2.2. For all payment inquiries, please contact your credit or debit card issuing bank.

4 Delivery

4.1 The minimum order per delivery is [$75].

4.2 Delivery service is available only to areas within a 10 minute walking distance from a Pret shop that offers the Pret Delivers service (please see the Pret Delivers Site for further information).

4.3 Products will be delivered to the address provided by you at the time of making an order (or by amending your order to provide an alternative delivery address, providing this is done before the cut-off time set out in clause 2.2 above). Deliveries through a company account will only be made to the address provided by the company upon order. Pret will not be responsible for deliveries to an incorrect or outdated address.

4.4 All deliveries shall be checked and signed for by the individual customer or an authorized representative of the corporate customer at the time of delivery. Signature will be deemed to be made by an authorized representative of the customer, and constitute acceptance of delivery of a complete and satisfactory order.

4.5 If any part of an order is found to be missing or incorrect, or the order is rejected on delivery, you agree to inform us immediately by calling our helpline at 866-328-7738.

4.6 Delivery service may be delayed in the event of bad weather, traffic and/or uncontrollable or unexpected conditions.

5 Terms of supply

5.1 Pret’s food is supplied strictly for direct customer use. Under no circumstances is our food to be re-sold to a third party or offered at subsidized or inflated rates to a third party. This restriction also applies to in-house catering arrangements where contract caterers are ordering on behalf of clients.

5.2 Customers will comply with any instructions and recommendations of Pret in relation to the storage and use of the products (for example and without limitation, use by dates).

6 Allergy warning

Pret products may contain traces of nuts and other allergens. For full nutritional information on the products within our product range please see www.pret.com.

7 Cancellation

You can cancel an order online until the cut-off time, which is 5:00 p.m. the day before the requested delivery for breakfast, and 11:59 p.m. the day before the requested delivery for lunch. You will not be charged for any orders duly cancelled in accordance with this clause. Any payment made for an order cancelled prior to the cut-off time will be reimbursed using the same method you used to pay for your order. Any order cancelled after the cut-off time will be charged to you. Pret will determine whether the cancellation has been made before the cut-off time at its sole discretion. All times stated in these Terms and Conditions shall be determined according to the time zone of the Pret shop that is closest to the delivery address that offers the Pret Delivers service.

8 Collection of Data and Privacy Policy

8.1 Pret’s Privacy Policy applies to any personal information, including but not limited to, first and last names, phone numbers, credit/debit card information, and postal addresses and email addresses, which are voluntarily submitted by you when registering with us and when ordering from us. Such personal information collected from you will be used for processing and following up your orders and payments and for other directly related purposes. You may view and/or correct your personal information in your account at any time.

8.2 By registering an account on the Pret Delivers Site, and unless you opt-out of communications as provided below, you agree that we may send you marketing communications with respect to offers or promotions in relation to Pret's food and beverages and related products, catering and delivery services.

8.3 If at any time you decide you no longer wish to receive marketing communications from us, you may opt-out by emailing us at uscatering@pret.com or by updating your account to reflect this preference.

8.4 Please refer to our Privacy Policy (which forms part of these Terms and Conditions) to see how we collect, use and disclose personal information that we may collect from you.  Our Privacy Policy can be viewed by clicking the Privacy Policy link in the footer of the Pret Delivers Site.

9 Liability

9.1 The liability of Pret in contract, tort (including, without limitation, negligence) or otherwise in respect of any products delivered through, or otherwise in connection with an order, or for any loss, injury or damage attributable directly or indirectly to your use of the Pret Delivers Site or the Pret Delivers service arranged through such site will, at the sole discretion of Pret, be limited to: (a) delivering replacement products (at Pret's expense for the unsatisfactory order); or (b) refunding any sums paid to Pret for the unsatisfactory order.

9.2 Pret shall not be liable (whether or not caused by Pret's negligence) for any direct, indirect, incidental, special or consequential damages, including for loss of revenue, profit, goodwill, or opportunity suffered or incurred by any customer, third party or other person or company in respect of any products delivered through, or otherwise in connection with an order on or your use of, the Pret Delivers Site or the Pret Delivers service arranged through such site.

9.3 Pret shall not be liable for any loss, injury or damage (including any damages arising under contract, tort (including, without limitation, negligence) or otherwise) attributable directly or indirectly to any use of or inability to use the Pret Delivers Site by any users including (but not limited to) (i) any inaccessibility or malfunctioning of the Pret Delivers Site; (ii) any errors, mistakes, or inaccuracies of content (including price, ingredients, and availability) of the Pret Delivers Site;(iii) any personal injury or property damage (including damage to computer or mobile device) of any nature whatsoever resulting from access to and use of the Pret Delivers Site or the Pret Delivers service arranged through such site; (iv) any unauthorized access to or use of the Pret Delivers Site and/or any and all personal information stored therein; or (v) any bugs, viruses or the like which may be passed to your computer from the Pret Delivers Site.

9.4 In no event shall Pret be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, fires, war, riot, civil commotion, floods, storms, explosions, transportation delays, acts of terrorism, acts of God, or delays or non-performance by third parties.

10 Termination

10.1 You can withdraw your registration by emailing the helpdesk at uscatering@pret.com.

10.2 We reserve the right to terminate, suspend, or otherwise restrict your access to the Pret Delivers Site or your use of the Pret Delivers service through such site at any time with or without notifying you in advance should you not operate your account in accordance with these Terms and Conditions or for any other reason whatsoever.

11 Use of the Pret Delivers Site

11.1 You agree to abide by all applicable laws and regulations and are solely responsible for your acts or omissions in the course of your use of the Pret Delivers Site. You agree not to (i) create a false or misleading identity of a user of the Pret Delivers Site; (ii) interfere with another user's use and enjoyment of the Pret Delivers Site; (iii) attempt to gain unauthorized access to the Pret Delivers Site or other accounts, computer systems or networks connected to that site; (iv) collect email addresses, passwords or other personal information of other users of the Pret Delivers Site; (v) transmit, email or post any material that contains software, viruses or such programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or device; (vi) or otherwise known reformat or frame any portion of the Pret Delivers Site; (vii) use the Pret Delivers Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Pret Delivers Site or our services; or (viii) engage in any other action that, in the sole discretion of Pret, exposes Pret, other users of the Pret Delivers Site, or any other third party to potential liability or detriment of any type.

11.2 We reserve the right to change the information, services and resources available on the Pret Delivers Site or as part of the Pret Delivers service at any time with or without notifying you in advance.

12 Use of material appearing on the Pret Delivers Site

All rights in the Pret Delivers Site design, computer codes, text, audio, videos, photos, trademarks, images, graphics and other content, interfaces, and the selection and arrangements thereof (the "Materials") belong to Pret or its licensors. You may print or download portions of the Pret Delivers Site and make copies of the Materials for your own personal use only. Any other use (including without limitation any further reproduction, storage or transmission to anyone) of any Materials without our prior written permission is strictly prohibited. All concepts and systems relating to the Pret Delivers Site shall at all times remain the property of Pret.

13 Changes to these Terms and Conditions

13.1 Pret reserves the right to change these Terms and Conditions at any time, effective immediately upon our posting of any such change. Your continued use of any part of the Pret Delivers Site after any such change will constitute your acceptance of any such change. You should therefore regularly visit these Terms and Conditions to ensure that you keep up to date with your rights and obligations under these Terms and Conditions. If any change is considered in the reasonable opinion of Pret to be material, notice of the change will be emailed to all registered users of the Pret Delivers Site at their registered email address.

13.2 If you do not wish to accept a change, you should immediately withdraw your registration to, and terminate your use of, the Pret Delivers Site.

14 Disclaimer

THE PRET DELIVERS SITE AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES ADVERTISED ON SUCH SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRET AND ITS SUPPLIERS AND AFFILIATES  DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

15 Indemnity of Pret

YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD PRET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH ANY OF THEM, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE PRET DELIVERS SITE; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF PRET OR ANY THIRD PARTY. Pret reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with Pret with respect to such defense and settlement. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

16 Jurisdiction

16.1 These Terms and Conditions (including the Privacy Policy) shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice of law principles. The federal and state courts of New York located in New York City, New York shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions (including the Privacy Policy).

16.2 The Pret Delivers Site is controlled within the United States of America. Those who choose to access the Pret Delivers Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Pret does not represent that the Pret Delivers Site is appropriate or operational outside the United States of America.

16.3 If for any reason a court finds any provision of these Terms and Conditions (including the Privacy Policy) to be invalid, illegal or unenforceable, the remainder of these Terms and Conditions (including the Privacy Policy) will continue and have full force and effect.

17 Entire Agreement

These Terms and Conditions (including the Privacy Policy) set forth the entire understanding and agreement between you and Pret with respect to the subject matter hereof. Headings are for reference only and in no way limit the scope of such section. Pret’s failure to act with respect to any breach by you of these Terms and Conditions (including the Privacy Policy) does not waive Pret’s right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms and Conditions (including the Privacy Policy) without the prior written consent of Pret, and any assignment or transfer in violation of this provision shall be null and void.

 

18 Contacting us

If you have any questions regarding these Terms and Conditions, please email us at uscatering@pret.com. Alternatively, you can call at 866-328-7738 or write to us at 853 Broadway, New York, NY 10003.

These Terms and Conditions are updated as of [June 16th 2017].