DEFINITIONS AND CONTENTS OF T&C
Definitions
In these T&C, the following terms have the following meaning:
Agreement: a legally binding agreement between you and Five Guys governed by these T&C
Order: an order on the Website to purchase a Service
Order button: the button on the Website ("proceed", "place my order" or similar button) through which you can place an Order and are directed to payment of the Order
Service(s): the products and/or services that are offered by Five Guys on the Website for purchase, including food and beverages
T&C: these Terms and Conditions Services
Us/We/Five Guys: FGE Asia-Pacific Limited a company with is registered office in Hong Kong, at the address 6/F, The Annex, Central Plaza, 18 Harbour Road, with company number 2657957. Contact details are available on the Website.
Website: fiveguys.com.hk and any Five Guys mobile application/mobile website through which you access the Website
You: the person that uses and/or purchases a Service
Contents T&C
Article 1: Definition and Contents of T&C
Article 2: Applicability T&C
Article 3: Access Website and Services
Article 4: Purchase - Agreement
Article 5: Pick-up Order
Article 6: Prices – Payment of Order
Article 7: Order Cancellation
Article 8: Defects – Complaints
Article 9: Limitation of Liability
Article 10: Miscellaneous
APPLICABILITY T&C
These T&C, together with our Privacy Policies, set out the terms and conditions on the basis of which we provide access to, and Services through, the Website.
These T&C apply to the use and/or purchase of Services on the Website.
These T&C may be amended from time to time. The amended version will then be posted on the Website. You are deemed to be aware of, and bound by, any such revisions to these T&C upon the publication of the revised T&C on the Website. Therefore, please check these T&C regularly. In addition, for each Order on the Website, you will be required to acknowledge and accept the T&C, applicable at the date of your Order, before making your Order.
Processing your personal data submitted via the Website, is governed by and subject to our Privacy Policy – which can be found and reviewed on the Website - and the agreement between Five Guys and a third party that operates and manages the ordering part of the Website or processes the payment for the Services. The Privacy Policy may be amended from time to time, and we will get your consent to material amendments where required to do so by applicable law. Therefore, please check it regularly.
These T&C apply in addition to the Terms of Use Website and should be read together with those terms.
ACCESS WEBSITE AND SERVICES
On the Website, various Services may be offered from time to time by Five Guys. Access to the Website and/or availability of its Services may be suspended (temporarily) and without notice. Five Guys cannot be held liable or responsible in this respect.
PURCHASE - AGREEMENT
This article 4 relates to purchasing food and/or beverages Services through the Website.
By clicking on “Order” on the main page of the Website you will be redirected to the ordering page of the Website.
During the ordering process, you may be asked to create an account on the Website. If you do not choose to create an account, then you can continue as a guest. You will be asked to provide your name, telephone number, payment information and possibly address (depending on whether it is delivery or pick-up). Submitting and processing this information, is governed by our policies as set forth in article of these T&C.
Once you have selected what you would like to order from the menu, you can submit an Order by clicking on the Order button. You will then be redirected to the payment options for the Order. You must carefully check that your selection is correct before confirming your Order.
An Agreement comes into existence once you click the Order button, payment for the Service is made, Five Guys accepts the Order and has received payment for the Order. The Order is then final.
A final Order will be submitted to Five Guys and Five Guys will start processing your Order. You will then receive a notification by e-mail that your order has been received, that it is being processed and when your order can be picked-up at the restaurant. The pick-up time in the e-mail is an indication only. Five Guys cannot guarantee that the Order will be ready at that time.
If the option of delivery is made available by Five Guys and chosen by you, then the Order will be processed and performed by a third-party partner of Five Guys. That Order will then be governed by the terms and conditions of that third-party.
Five Guys is at all time entitled to (temporarily) suspend the option to order in general or from a specific Five Guys restaurant, on the Website, in its own discretion without prior notice.
By placing an Order through our Website, you warrant that you are legally capable of entering into binding (purchase) agreements.
PICK-UP ORDER
You are requested to be at the relevant Five Guys restaurant at the time as indicated in the notification e-mail. If you do not arrive in or around that time, then this may affect the quality of the Order.
If you have not picked up your Order, or have not picked up your Order within reasonable time after the time as indicated in the confirmation e-mail, Five Guys is entitled to dispose of it, without you being entitled to a refund.
If the Order contains product(s) to with a minimum purchase age applies under the laws of the country/territory in which the Order has been placed, then Five Guys is entitled to request that you provide identification. If you – or the person picking up the delivery on your behalf - cannot identify yourself and/or cannot demonstrate that you are of the minimum required age, then Five Guys is entitled to refuse to provide the relevant product. You are then not entitled to a refund for the relevant product.
PRICES – PAYMENT OF ORDER
Prices for Services are as stated on the Website. These prices may be amended at any time at Five Guys’ discretion. The prices may also vary if the delivery option is chosen at the time of ordering (if that option is made available by Five Guys).
Payment for all orders must be made in the form as detailed and made available on the Website. Payments are processed by a third-party partner of Five Guys, on behalf of Five Guys, and are governed by the third party’s payment terms.
Where any payment is not authorized, you will be returned to the previous page on the ordering webpage; consequently, the Order will not be submitted, and Five Guys shall not be obligated to provide the Services.
ORDER CANCELLATION
Once your Order is final, as meant in these T&C, and you wish to cancel your order and/or you decide not to pick up your order, you will not be entitled to a refund, unless otherwise explicitly stated on the Website or in these T&C.
Five Guys is entitled to cancel (part of) an Order, also after the Order confirmation has been sent out, if the requested Service is unavailable or in case of force majeure. You will then receive a refund for the Order, or part of the Order, whichever is applicable, through the same payment method as used to make the payment. Please note that it may take up to 10 days to process the refund.
DEFECTS - COMPLAINTS
You must check your Order as soon as possible after pick-up. If your Order has not been executed correctly, or if it is the wrong Order, please return to the restaurant where you picked it up immediately. Five Guys may determine, at its sole discretion, whether or not the (or parts of the) Order is eligible for replacement or refund.
If you have any complaints about an Order, the ordering process or the pick-up, you can direct these to Five Guys through the form made available on the Website or by using the contact details as mentioned on the Website. A complaint needs to be filed within due time – but at least withing 48 hours - from the moment that the Order was placed or the discovery of the defects, with a clear description of the complaint.
After receipt of the complaint by Five Guys, we aim to respond as soon as reasonably possible.
LIMITATION OF LIABILITY
In the event and to the extent, that liability of Five Guys, and any of our group companies, the officers, directors, employees, shareholders and its agencies, is proven and attributable to it, the liability for costs, damages and claims of third parties, including you, including - without limitation - any direct, indirect, 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, whether in tort, contract or otherwise, even if foreseeable) in connection with the Order, an Agreement or these T&C is at all times limited to either (at the choice of Five Guys): (i) the value of the Order to which the liability applies; (ii) if not relating to an Order, EUR 500 per incident; or (iii) should Five Guys decide and be able to apply to and claim under its insurance, the amount that the insurance pays out in connection with the incident not including the excess of Five Guys under the relevant insurance.
This limitation of liability does not apply in case of any personal injury or death, or any willful misconduct or negligence of Five Guys or its managing board, or if otherwise not allowed under applicable laws.
MISCELANEOUS
If any provision of these T&C is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the you and Five Guys agree that such invalidity will not affect the validity of the remaining provisions of the T&C.
Any questions about these T&C can be directed at Five Guys, by using the contact details as published on the Website. Five Guys aims to respond as soon as reasonably position from receipt of the request, but at least within two weeks.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these T&C will not be interpreted as a waiver of your or our rights or remedies.
These T&C supersede and cancel all previous agreements, warranties and undertakings, whether oral or written, express or implied, given or made by or between us and you, and constitutes the entire written agreement between us and you, in respect of the matters set out herein, and no other terms and conditions shall be included or implied.
These T&C are construed in accordance with, and governed by, the laws of the Hong Kong. Any disputes arising from these T&C are subject to the exclusive jurisdiction of the courts of Hong Kong.
Save as expressly provided for in these T&C, a person who or which is not a party to these T&C shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provision of these T&C.
Version August 2020
