Terms and conditions for a restaurant online ordering and delivery service

A restaurant that takes orders through its own website has entered e-commerce, with the rules that come with it: when the contract is formed, what the price must include, what the customer is owed when the food is late, cold or wrong, and how allergens and age-restricted items are handled at a distance. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Restaurants, takeaways and dark kitchens in England and Wales taking orders through their own website or app for delivery or collection, alongside or instead of third-party platforms, whose orders are governed by the platform's terms.

What matters in online ordering terms

Order acceptance and the contract

The Electronic Commerce (EC Directive) Regulations 2002 require you to explain the steps to place an order, how errors are corrected, and to acknowledge the order electronically without delay. The terms should say that the contract is formed when you accept the order, not when the customer submits it, so that you can decline orders you cannot fulfil, and that the acknowledgement is not acceptance. The customer's confirmation is what stops a dispute about what was ordered.

Prices, delivery fees and minimum orders

Under the Digital Markets, Competition and Consumers Act 2024 a headline price shown to consumers must include all mandatory charges, so delivery and service fees must be shown before the customer commits, not added at the last step. The terms should state minimum order values, delivery areas, and that prices are those shown at the time of ordering. Card payments cannot carry a surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012.

Allergens, dietary needs and age-restricted items

You must give the allergen information the Food Information Regulations 2014 require, and regulation 5 means at a distance it must be available before the order is placed, with a way for the customer to ask. The terms should say how requirements are given and that customisations not notified cannot be guaranteed. Age-restricted items such as alcohol, which section 146 of the Licensing Act 2003 prohibits selling to under-18s, need the terms to require proof of age on delivery and to allow the driver to refuse delivery, with the item not refunded where proof is not provided.

Delivery, timing and what goes wrong

Delivery times are estimates, and the terms should say so, while accepting that food must be as described and of satisfactory quality under the Consumer Rights Act 2015, which for hot food includes arriving in a fit state. The terms should set out the remedy for late, cold, wrong or missing items: replacement or refund of the item, with claims made promptly, and should deal with failed deliveries where the customer's address or contact details were wrong or nobody answered.

Cancellation, refunds and data

Food ordered for prompt delivery is perishable, and goods that deteriorate rapidly are outside the fourteen-day cancellation right by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; the terms should say when an order can still be cancelled before preparation starts. Refunds go back to the original payment method. The ordering system collects personal data, which needs a privacy notice under the UK GDPR and the Data Protection Act 2018, and the terms should refer to it and to any marketing consent taken at checkout.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer says the order never arrived and wants a refund. What do I do?

The terms should set out what evidence you rely on (delivery confirmation, driver contact attempts, photographs where used) and provide a refund where delivery cannot be evidenced. Where the customer gave a wrong address or did not answer, the terms can say the order is treated as delivered.

Do these terms apply to platform orders?

They do not. Orders through a third-party platform are governed by the platform's terms with the customer and its agreement with you. Your terms apply to orders through your own website or app.

Can I add a delivery fee at checkout?

A delivery fee is a mandatory charge and must be included in the price the customer sees before committing. Show it with the menu prices or as a stated fee up front, not added on the final screen.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a takeaway
• Terms and conditions for a meal prep and meal kit business

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.