Terms and Conditions

TERMS OF USE

These Terms of Use (“Terms”) govern your use of this website, ridershop.foodpanda.pk, and shall apply to all items ordered therefrom. By browsing and using this website, you agree to comply with and be bound by the Terms and our privacy policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

This website is provided by R-SC Internet Services Pakistan (Pvt) Ltd  (foodpanda PK) (or referred to as “foodpanda” "we", "us" or "our").  Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Please read these Terms carefully. By accessing and using this website, placing an order or creating a shop account (“Account”) with us, you agree that you have read, understood and accepted the Terms and our privacy policy, including any additional terms and conditions and any policies referenced herein, available on the website or available by hyperlink. If you do not agree or fall within the Terms, please do not use the website. 

foodpanda reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the website following the date on which the amended Terms are posted. Once your order has been confirmed, we will not be able to make any changes to the terms that apply to that order.

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at pandashop@foodpanda.pk

  • About us 
    •
    1. Our website provides a place and opportunity for you to find out more about us and to buy a variety of foodpanda merchandise and equipment (such as apparel, backpacks, thermal bags) as well as third party services and products (“Products”) to be delivered to you. 
    2. You may contact our customer service team at pandashop@foodpanda.pk if you have any questions about our website or your order.  
  • Your Account
    •
        1. You may need to register for an Account to use the website. When you register for an Account, we will ask you to provide your personal information including your full name, a valid email address and a unique password. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all orders placed under your Account are your sole responsibility. 
        2. We shall not be liable for orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the order, including your delivery address and contact information.
        3. If you wish to delete your Account, please send us an email requesting the same. We may restrict, suspend or terminate your Account and/or use of the website, if we reasonably believe that:
          1. someone other than you is using your Account; or
          2. where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the website.
        4. If you do not register for an Account, please note that you will still be required to provide your contact and personal information (such as name, email address, contact number, delivery address, payment details) should you wish to place an order.  
  • Placing an order  
    •
        1. Please follow the onscreen prompts on the website to place an order. Each order is an offer by you to buy the Products specified in the order in accordance with and subject to these Terms.
        2. Our order process allows you to check and amend any errors before submitting the order. Please check the order carefully before confirming it. You are responsible for ensuring that the order is complete and accurate.
  • Our Products 
    •

    Acceptance of order 

    1. All orders are subject to our acceptance.  We will confirm our acceptance to you by sending you an email that confirms that your order for the Products has been accepted and dispatched. 
    2. If we are unable to supply you with any of the Products for any reason, we will inform you of this by email or phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. 

    Late or missing refunds (if applicable)

    1. If you haven’t received a refund yet, first check your bank account/e-wallet again.

    Then contact your credit card company, it may take some time before your refund is officially posted.

    Next contact your bank. There is often some processing time before a refund is posted.

    If you’ve done all of this and you still have not received your refund yet, please contact us at pandashop@foodpanda.pk

    Description 

    1. The images of the Products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. The colour of the Products delivered may vary slightly from those images.
    2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary slightly from the Products.
    3. The packaging of the Products may vary from that shown on images on our site.
    4. We reserve the right to amend the specification or packaging of the Products if required by any applicable statutory or regulatory requirement.

    Delivery, transfer of risk and title

    1. We may provide you with an estimated delivery date. Occasionally, our delivery to you may be affected by an Event Outside Our Control. See clause 7 (Events outside our control) for our responsibilities when this happens.
    2. Delivery is completed once the Products have been unloaded at the address for delivery set out in the order, and the delivered Products will be at your risk from that time.
    3. You own the Products once we have received payment in full, including all applicable delivery charges.

    Price of the Products and delivery charges

    1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. 
    2. Prices for the Products are subject to change without notice, but changes will not affect any order you have already placed.
    3. The price of the Products includes sales tax (GST) and any other relevant taxes imposed by the Authorities from time to time. The rate of any applicable [taxes] is displayed on the check-out page. The price of the Products does not include delivery/shipping charges. Our delivery/shipping charges are provided to you during the check-out process, before you confirm your order.
    4. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered:
      1. We will charge the lower amount when dispatching the Products to you, where the Products’ correct price is less than the price stated on our site.
      2. We will contact you in writing as soon as possible to inform you of the error if the Products' correct price is higher than the price stated on our site and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid. 

    How to pay

    1. Payment for all the Products on the website shall be made in PKR. 
    2. You can choose to pay for an Order using any of the different payment methods offered on the website including: 
      1. Our payment partners: Visa, Mastercard, American Express, Shop Pay, Google Pay; 
      2. Such other payment method we offer from time to time.
    3. We reserve the right to offer additional payment methods and/or remove existing payment methods at any time in our sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. We do not store your credit card or payment information. 
    4. You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an order. Insofar as required, foodpanda takes responsibility for payments made on our website including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

    Return and Exchange 

    1. SAVE AS SET OUT IN THESE TERMS, NO RETURNS OR EXCHANGES OF PRODUCTS ARE ALLOWED. We will not entertain any requests to return or exchange any Products delivered. 

    Wrong/Missing/Defective Products

    1. If you did not receive the correct Product(s) or if there are defective or missing Product(s) from your order, please reach out to us (see “Contact Us” to find out how to reach us), so that we may advise you on next steps. You may also visit our foodpanda rider hub to contact the team. 
    2. Please note that we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products. 

    Manufacturer's guarantee

    1. Some of the Products we sell to you may come with a manufacturer's guarantee. For such goods, please refer to the terms and conditions of the manufacturer's guarantee, which may be provided with the Products. 

    Our warranty for the Products

    1. The Products are intended for use only in the country of purchase: Pakistan. We do not warrant that the Products comply with the laws, regulations or standards outside the country of purchase. 
    2. We provide a warranty that on delivery, the Products shall:
      1. subject to the terms of this clause 4, conform in all material respects with their description; and
      2. be free from material defects in design, material and workmanship (“Warranty”).
    3. Subject to clause 4.26, we will, at our option, replace the defective Products or refund the price of the defective Products in full if:
      1. you give us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the Warranty;
      2. we are given a reasonable opportunity of examining the Products; and
      3. if we ask you to do so, you return the Products to us at your cost.
    4. We will not be liable for breach of the Warranty if:
      1. you make any further use of the Products after giving written notice to us under clause 4.25;
      2. you alter or repair the Products without our written consent;
      3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
      4. the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    5. These Terms also apply to any replacement Products supplied by us to you.
  • Our liability: your attention is particularly drawn to this clause
    •
        1. Nothing in these Terms limits or excludes our liability for, death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation by us and any other liability that cannot be limited or excluded by law.
        2. Except as expressly stated in these Terms:
          1. we only supply the Products for your personal use, and you agree not to use the Products for any resale purposes. 
          2. we do not give any assurance, representation, warranty or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that the Products are suitable for your purposes. 
          3. we do not give any assurance, representation, warranty or undertaking of any kind (whether express or implied) about the website and any products or services we may provide.
          4. we provide the website and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our website is at your own risk.
          5. we do not guarantee that the information or content you find on the website is always accurate, truthful, complete and up-to-date.
          6. we are not responsible for any delay or disruption in our website or any defect, viruses, bugs or errors.
        3. To the fullest extent permitted by law, in no event shall we (including our directors, officers, employees, representatives, agents, and affiliates) be liable whether in contract, warranty, tort (including without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for: (a) any loss of use, profits, sales, business, revenue, in each case whether direct or indirect; or (b) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use the website, the order or the Products, including without limitation, any damages resulting therefrom. 
        4. You agree and accept that your exclusive remedy with respect to your use of the website is to discontinue your use of the website.
        5. If we are found by a court of competent jurisdiction to be liable notwithstanding the terms of this clause 5, our total liability to you for all losses arising under or in connection with the website, the order or the Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the orders made by you in preceding month from the time of the event giving rise to such liability.
  • Indemnity: your attention is particularly drawn to this clause 
    •

    You agree to indemnify, defend, hold harmless us and our directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of our site or your breach of these Terms. 

  • Events outside our control
    •
        1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). 
        2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
          1. we will contact you as soon as reasonably possible to notify you; and
          2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 
        3. You may cancel the order affected by an Event Outside Our Control, which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
  • Third Party Links and Website 
    •

    Our site may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. We do not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

  • Notices / Communications between us
    •
        1. When we refer to "in writing" in these Terms, this includes email.
        2. Any notice or other communication given under or in connection with the order or the use of the website must be in writing and be delivered personally, sent by pre-paid post or other next working day delivery service, or email. 
        3. The provisions of this clause shall not apply to (a) the issuance of notice or other communication to any third party; and (b) the service of any proceedings or other documents in any legal action.
  • Vouchers, Discounts and Promotions
    •
        1. From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the website (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
        2. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 
        3. Unless otherwise stated, Vouchers can only be used on our website. 
        4. Vouchers cannot be exchanged for cash.
        5. We reserves the right to void, discontinue or reject the use of any Voucher without prior notice.
  • Termination
    •

    We have the right to terminate, suspend or delete your account for any reason, including, without limitation, if we, in our sole discretion, consider your use to be unacceptable, or in the event of any breach by you of these Terms. We may, but shall be under no obligation to, provide you a warning prior to termination of your account. 

  • Personal Data (Personal Information) Protection 
    •

    You agree and consent to us and any of our affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available at [insert link to privacy policy] and is incorporated by reference herein. 

  • Intellectual Property 
    •

    All trademarks, logos, images, and service marks, including these Terms as displayed on our site or in our marketing material, whether registered or unregistered, are the intellectual property of us and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of our Trademarks on any other website not approved by us is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution. We neither warrant nor represent that your use of materials displayed on our site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our site is at your own risk

  • General
    •
        1. We reserve all rights not expressly granted herein.
        2. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
        3. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
        4. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
        5. These Terms are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our and their affiliates' and subsidiaries' respective successors and assigns). 
        6. These Terms constitute the entire agreement between you and us relating to its subject matter to the exclusion of all other terms and conditions, and any prior written or oral agreement between them. These Terms supersede any previous agreement between us.  
        7. Unless otherwise stated, your and our rights and remedies under these Terms are cumulative and do not exclude any other right or remedy provided under applicable laws.
        8. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, nor make you or us the agent of one another for any purpose.
  • Governing law / Dispute Resolution
    •
        1. These Terms shall be governed by and construed in accordance with laws of Islamic Republic of Pakistan without regard to its conflict of law rules. 
        2. The United Nations Convention on Contracts for the International Sale of Goods to the extent applicable is expressly disclaimed. Any dispute claim or difference of any kind whatsoever arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Pakistani courts.
  • Amendment 
    •

    We reserve the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the site following the date on which the amended Terms are posted.  

  • Prevailing Language
    •

    In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions. 


    Last updated: 5.4.21