Terms and conditions for a takeaway

A takeaway makes many small contracts each night, by phone, at the counter and online, and rarely treats them as contracts until one goes wrong. The terms have to say what was ordered, when it is paid for, what the customer gets when it is wrong, and what happens to a phone order that is never collected. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Takeaways, fish and chip shops, pizza shops and fast food outlets in England and Wales taking orders at the counter, by phone and through their own website for collection and delivery, alongside any platform orders governed by the platform's terms.

What matters in takeaway terms

Orders by phone, online and at the counter

A counter order is made on your premises; a phone or online order is a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but food that deteriorates rapidly is outside the cancellation right by regulation 28, so the terms should say that an order can be cancelled only before preparation starts. The terms should state that the order is what was read back or confirmed, and that mistakes in what the customer asked for are the customer's.

Payment, uncollected orders and minimum orders

The terms should say when payment is taken (online at ordering, or on collection or delivery for phone orders), that a phone order not collected within a stated time may be disposed of and, where card details were given, charged, and what the minimum order and delivery area are. Card payments cannot carry a surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012.

Allergens and customisation

You must give the allergen information the Food Information Regulations 2014 require, at the counter, on the phone and online, and the terms should say how a customer with an allergy asks and that dishes are prepared in a kitchen handling allergens. Customisations and 'no' instructions should be confirmed on the order, with the terms saying that instructions not on the confirmed order cannot be guaranteed.

Timing, quality and what the customer is owed

Collection and delivery times are estimates, but food must be as described and of satisfactory quality under the Consumer Rights Act 2015. The terms should set the remedy for a wrong, missing or unsatisfactory item (replacement or refund of that item) and require the customer to raise it promptly, with the food kept where you ask to see it. Prices shown online must include all mandatory charges under the Digital Markets, Competition and Consumers Act 2024.

Delivery, age-restricted items and conduct

The terms should make the customer responsible for a correct address and an answered phone, treat an order as delivered where nobody can be reached at the address, and require proof of age for alcohol, which section 146 of the Licensing Act 2003 prohibits selling to under-18s, and other restricted items, with the driver entitled to refuse delivery. They should also let you refuse orders from customers who have been abusive to staff or drivers, which is a right worth writing down.

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 ordered by phone, never collected, and now disputes the charge. Where do I stand?

If the terms say that uncollected phone orders may be charged where card details were given, and the order was read back and confirmed, the charge stands. Without card details there is nothing to charge, which is why online payment at ordering is the better model.

Do I have to refund a whole order because one item was wrong?

The terms can provide for replacement or refund of the affected item rather than the whole order, which is the fair position where the rest of the order was as described.

What about orders through delivery apps?

Those are governed by the app's terms. Your terms apply to counter, phone and own-website orders, which is where you are exposed without a platform's rules.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a restaurant online ordering and delivery service
• Terms and conditions for a food truck and street food 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.