Terms and Conditions

General terms and conditions of business

IMPORTANT LEGAL NOTICE

This page (together with our Privacy Policy and Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, FiveGuys GmbH (“Five Guys”), provide our services on this website (“www.fiveguys.de”) and on any other Five Guys mobile application that enables you to access this website or our other services (collectively, the “Website”). Please read these Website Terms carefully, as your use of the Website and the purchase of any products offered on this Website are governed by these Website Terms. Please understand that by ordering products through this Website (now or in the future), you agree to be bound by these Website Terms. We reserve the right to change these Website Terms from time to time. The current version is provided by LineTen Ltd, 235 Old Marylebone Road, London, NW1 5QT

Any personal information provided to us through this website is subject to the terms of our Privacy Policy and our Cookies Policy.

1. INTRODUCTION AND OUR ROLE

Five Guys GmbH
Neumannstr.10
D – 40235 Düsseldorf
Registered office: Düsseldorf;
Managing Directors: Jörg Gilcher / John Haden Eckbert;
Registered in the Commercial Register of the Düsseldorf District Court under HRB 79860

1.1. Five Guys GmbH’s VAT number is DE 311238217.

1.2. You are responsible for ensuring that you meet all requirements for your access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Website Terms and Conditions, and that they comply with them.

2. HOW TO PLACE 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 the payment process by clicking on “Edit” or “Complete my order” or a similar button. Please note that it is important that you review the information you are entering and correct any errors before clicking this button. Once you click the button, errors cannot be corrected.

2.2. All orders must be paid in full before being forwarded to Five Guys GmbH. Payment for orders is by credit card, as described on this website.

2.3. The prices correspond to those shown on this website. Prices include VAT.

2.4. Please note that there are sometimes delays in processing payment orders and transfers; occasionally, this may result in the payment amount not being debited from your bank account or charged to your credit card until up to 60 days after the order.

2.5. Five Guys GmbH will begin processing your order once it has received your order and payment confirmation. We will send you an email notification that your order has been received and is now being processed.

2.6. If your payment is not authorized, you will be automatically redirected to the previous page of the website and we will not be obligated to process the order.

2.7. Please note that once you have submitted your order and your payment has been authorized, you will no longer be able to stop your order or request a refund of the amount paid.

3. LICENSE

3.1 You are permitted to download and print portions of the website for your personal use subject to the following conditions:

3.1.1. Unless expressly stated otherwise, the copyright and other intellectual property rights relating to the content of this website and the materials reproduced therein (including, in particular, the photographs and graphics reproduced therein) are owned by Five Guys GmbH or Five Guys GmbH’s licensors. These materials and content are protected by copyright and corresponding treaties worldwide, and all rights are reserved. The content and materials protected by copyright and intellectual property rights may only be used in accordance with this Section 4.1.

3.1.2. It is prohibited to modify digital or printed copies of the materials provided on the website in any way, and it is prohibited to use images, photographs, or any other graphics, videos, or sound sequences reproduced therein in any form other than in the overall context reproduced on the website.

3.1.3. You must ensure that the position of Five Guys GmbH as the author of the material reproduced on the website is always respected.

3.1.4. It is prohibited to use the material published on the website or the website itself for commercial purposes, or to forward it to third parties for such purposes, without first obtaining a corresponding license from Five Guys GmbH.

3.2. Subject to the provisions of Section 4.1, it is prohibited to reproduce the website in whole or in part or to store it on another website or on any private or public storage medium without the prior written consent of Five Guys GmbH.

4. ACCESS TO THE SERVICES

4.1. Although Five Guys GmbH endeavours to ensure that the website is available 24 hours a day, Five Guys GmbH assumes no liability for the website being available at all times or for any particular period.

4.2 Access to this website may be temporarily blocked without prior notice.

4.3. Unfortunately, the transmission of information via the Internet is not a completely secure system. Although Five Guys GmbH will endeavor to protect your information, Five Guys GmbH cannot guarantee the security of any data transmitted via the website; any transmission of data to Five Guys GmbH is therefore at your own risk.

5. LIMITS OF RESPONSIBILITY OF FIVE GUYS GMBH

5.1. Five Guys GmbH will endeavor to present the information posted on the website accurately. However, Five Guys GmbH can only accept liability for information that is incorrectly processed intentionally or due to gross negligence. Five Guys GmbH reserves the right to unilaterally change the content of the website, as well as the services and prices offered there, without prior notice. Changes to the website become binding for both parties upon their availability. In particular, the prices currently stated on the website at the time the order is placed are binding.

5.2. Five Guys GmbH grants access to the website and the services offered therein only on the condition that the limitation of liability set out in Section 8 below is accepted.

5.3. You are responsible for the security of the password you choose for registration on this website. Unless Five Guys GmbH grossly negligently discloses your password to third parties, Five Guys GmbH is not liable for transactions conducted using the password and your account.

6. TERMINATION

6.1. Five Guys GmbH may restrict or terminate your right to access the Website and use the services offered therein without prior notice to you if Five Guys GmbH demonstrably believes that you have breached any material provision of these Website Terms.

6.2 In the event of termination or temporary suspension of access to the Five Guys GmbH website, you are obligated to destroy any downloaded or printed copies of the website at your own expense.

7. LIABILITY

7.1. The liability of Five Guys GmbH, its executive bodies, vicarious agents, and employees towards users of the website and third parties for the services and/or materials offered there, as well as the information provided there, is limited to an amount of €100.00 per individual case. Liability for indirect damages, consequential damages, loss of reputation, and loss of data is excluded, as is liability for damages resulting from the exclusion or obstruction of access to the Five Guys GmbH website.

7.2. The above limitations of liability stipulated in Section 8.1 shall not apply in the event of damage caused intentionally or through gross negligence by Five Guys GmbH, nor in any case of culpable injury to the body or health of a user or third party.

7.3. Damage to the software or hardware used by the user as a result of establishing a connection to the Five Guys GmbH website will not be reimbursed.

7.4. Damages caused by delay will not be compensated unless the user has previously notified us in writing of the risk of significant damage.

8. LEGAL BASIS

The terms of this website and the provision of the services offered on the Five Guys GmbH website are subject to German law. Any legal disputes shall be settled before the state courts in Düsseldorf.

9. ADDITIONAL PROVISIONS

9.1. We are committed to protecting your privacy. All personal information we collect on our websites will be processed and stored in accordance with our Privacy Policy.

9.2 If any provision or part of a provision of these Website Terms is found by a court to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Website Terms will remain in full force and effect.

9.3. The delay or failure to enforce individual legal positions arising from the provisions of these Website Terms will not result in the loss or restriction of the rights set out in this Website.

9.4. The rights granted to you on this website are not transferable to third parties without the written consent of Five Guys GmbH. Five Guys GmbH may transfer the rights granted to it under these Website Terms without prior consent to companies with which it has entered into a joint venture, by which it has been acquired, or which it has acquired.

9.5. The headings in these Website Terms are for convenience only and should not be used to interpret individual provisions.

10. STATUS

By placing an order on one of the Five Guys GmbH websites, you simultaneously declare that you are legally competent and at least 18 years old.

11. COMMUNICATION

By using our website or ordering services on our website, you accept that communication with us will primarily take place electronically. We will maintain contact with you primarily by sending emails or by posting information on our website. Unless mandatory, stricter legal formalities apply, you agree that any formalities will be met by using emails or posting messages on the website.

12. FORCE MAJEURE

12.1 We shall not be liable for any delay in the performance of our Services or any poor performance caused by an event beyond our reasonable control (“Force Majeure”).

12.2 Force majeure events include acts, omissions, or acquiescence beyond our reasonable control and include, in particular (but not limited to), the following events:

a) strikes or lockouts;
b) riots, civil unrest, invasions, terrorist attacks or threats of terrorist attacks, wars or threats of war or preparations for war or hostile action;
c) fire, explosions, storms, floods, earthquakes, epidemics, landslides or other natural disasters;
d) the impossibility of using trains, ships, aircraft, motor vehicles or other means of public or private transport;
e) the impossibility of using standard telecommunications networks (private or public), acts, decrees, laws, restrictions or blockades by public authorities or governments.

12.3. Our obligation to perform under any contract shall be deemed suspended for the period during which the force majeure event continues. We shall be entitled to an extension of our delivery obligations for the duration of the force majeure event. Nevertheless, despite the force majeure event, we will make every effort to find a solution that allows us to fulfill our contractual obligations or to end the force majeure event. Any changes must be made in writing.

13. ENTIRE AGREEMENT

These Website Terms, including the Privacy Policy, represent the entire contractual agreement between Five Guys GmbH and the respective user and supersede all prior discussions, correspondence, negotiations and agreements.