Terms & Conditions
IMPORTANT LEGAL NOTICE
We reserve the right to change these Website Terms from time to time by changing them on this page. These Website Terms were last updated on 26 March 2015.
1. INTRODUCTION AND OUR ROLE
1.1. Five Guys Switzerland is a company registered in England and Wales with registered company number , whose registered office is at .
1.2. Five Guys Switzerland's VAT number is .
1.3. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1. Once you have selected your order from the menu you will be given the opportunity to submit your order and proceed to payment by clicking on the checkout, "proceed", "place my order" or similar button. Please note it is important that you check the information that you enter and correct any errors before clicking on this button since once you click on this input errors cannot be corrected.
2.2. All orders must be paid in full before being submitted to Five Guys Switzerland. Payment for all orders must be by credit or debit card as stated on this Website
2.3. Prices will be as quoted on this Website. These prices include VAT
2.4. Please note that from time to time there may be delays with processing payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card.
2.5. On receipt of your order, and payment confirmation Five Guys Switzerland will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed.
2.6. Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.7. Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
2.8. Please note that you will not be able to return your order once collected or delivered.
3.1. We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
3.2. The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
3.3. We can only fulfil an order for large quantities at the discretion of the Restaurant from which you are ordering. If you would like to place a large order, we recommend you contact the Restaurant well in advance.
3.4. If you have chosen for the Products to be delivered, Five Guys Switzerland will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then we will not refund you the price for your order and will charge you for the full amount of your order.
3.5. Products are subject to availability. If your products are not available, we may offer you a reasonable substitute of equivalent quality and price or we may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
4.1. You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1. Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned by Five Guys Switzerland. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
4.1.2. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3. You must ensure that Five Guys Switzerland status as the authors of the material on this Website must always be acknowledged.
4.1.4. You are not allowed to use or pass to any other party to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from Five Guys Switzerland to do so.
4.2. Except as stated in paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5. SERVICE ACCESS
5.1. While Five Guys Switzerland tries to ensure this Website is normally available twenty four (24) hours a day, Five Guys Switzerland will not be liable if this Website is unavailable at any time or for any period.
5.2. Access to this Website may be suspended temporarily and without notice.
5.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6.1. While Five Guys Switzerland tries to ensure that information on this Website is correct, it does not promise it is accurate or complete. Five Guys Switzerland may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Five Guys Switzerland makes no commitment to update that material.
6.2. Five Guys Switzerland provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, there are excluded all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
6.3. You are responsible for the security of your password that you used to register with this Website. Unless Five Guys Switzerland negligently discloses your password to a third party, Five Guys Switzerland will not be liable for any unauthorised transaction entered into using your name and password.
7.1. Five Guys Switzerland may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services without notice to you if Five Guys Switzerland believes you have materially breached any terms of these Website Terms.
7.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
8.1. Five Guys Switzerland, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage (including negligence that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits (whether in each case of a direct or indirect nature), goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, (even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on this Website.
8.2. Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Five Guys Switzerlands negligence, Five Guys Switzerlands liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
8.3. With the exception of any liability referred to in paragraph 8.2 above, Five Guys Switzerland's total liability to you in relation to your use of this Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and/or tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £100, whichever is the lower.
8.4. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
9. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
10. ADDITIONAL TERMS
10.2. If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
10.3. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
10.4. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
10.5. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
11. YOUR STATUS
By placing an order through our Website, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
When using the Website or ordering products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
13.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
14. ENTIRE AGREEMENT
These Website Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.