Article 1 – Scope and purpose
The following Terms and Conditions of Sale govern the contractual relationship between, on the one hand, BURGER AND FRIES SAS, located at 1 BOULEVARD DE BONNE NOUVELLE, 75002 PARIS, France – SIRET 803 582 253 00016″ and, on the other hand, all customers who have placed an order on the website www.burger-fries.com
Confirmation of any order placed on the website www.burger-fries.com implies the customer’s unreserved acceptance of these general terms and conditions of sale.
BURGER AND FRIES SAS reserves the right to modify these terms and conditions at any time without prior notice. Such modifications shall be applicable and enforceable against the customer as soon as they are posted online and shall apply to all orders placed after such modifications.
Article 2 – BURGER AND FRIES restaurants and delivery areas
For all deliveries from our restaurants, please refer to our partner Uber Eats to check that you are located within the delivery area.
Article 3 – Ordering
3.1 Registration on the BURGER AND FRIES website (for online orders only)
Placing an order on the order.burger-fries.com website requires the creation of a BURGER AND FRIES customer account. Your customer account will be automatically created using the information provided when confirming your order. This information includes your phone number, email address, first and last name, and postal address if the order is for delivery. Once registration is complete, a summary email will be sent to the customer at the email address provided.
3.2 Online ordering process
Several ordering methods are available to customers on the website’s online ordering page:
The customer chooses their order method: click & collect or delivery. For all deliveries, you will be redirected to the website of our delivery partner: Uber Eats. You will first need to select the restaurant of your choice from the list provided and then select the delivery partner you would like to use. Once redirected to their website, you will be asked to enter your address to ensure that you are within the delivery area. These areas are defined by the delivery provider to ensure that the product is always of high quality and hot at the time of delivery.
For takeaway orders, you can choose the restaurant from a list provided. Once you have selected the restaurant, you will also need to choose the date and time for picking up your order.
Once the delivery method and restaurant have been chosen, the user is invited to place their order online by selecting their products. They simply click on the product and then on “confirm.” The contents of the order will then appear in a window on the right-hand side of the screen. This window will also allow the user to apply a promotional code if they have one, choose the number of items of the selected product, and confirm the order.
Once the order has been confirmed, the customer will be asked to provide some contact details: surname, first name, telephone number (in case of a problem with the order) and email address (in order to send an order confirmation email). The customer will then be asked if they wish to pay online or in the restaurant. For delivery orders, payment will always be made online via a secure payment system.
3.3 Unavailability of Products
The products listed on the “order” page of the order.burger-fries.com website are subject to availability in the restaurant at the time of ordering. If a product is out of stock, it will be marked as unavailable. It will therefore be temporarily impossible to order this product, although we strive to ensure sufficient stock to supply all our products throughout the duration of our services.
Article 4 – Delivery and collection from the restaurant
The order will be delivered to the address provided by the customer when placing the order online. The delivery times indicated at the time of ordering will be those applied. Once the order has been confirmed by the customer, it will not be possible for them to change the times and locations. In the event of a delay in delivery for various reasons, BURGER AND FRIES SAS will under no circumstances be obliged to compensate the customer. If the delivery problem is specific to the service provider who made the delivery, the customer must contact the platform concerned directly, which will be able (depending on the problem encountered) to compensate and/or refund the order if necessary. If the customer is not present at the delivery location at the agreed time, the order will be taken back by our delivery driver and no refund will be possible.
If the customer is late to collect a takeaway order, it will be destroyed by the restaurant after 45 minutes. If the customer never comes to collect their order, no refund will be possible. However, a reasonable delay will be accepted by the restaurant.
Article 5 – Right of withdrawal
As the products available for order are perishable and the burgers are prepared to order, the customer does not have the right to cancel. It is therefore impossible for the customer to cancel their order (by email and/or telephone) once it has been confirmed by the restaurant.
Article 6 – Prices
The applicable prices are those in effect on the order.burger-fries.com website at the time the customer places their order. Customers will be informed of the applicable prices before paying for their order. Prices are quoted in euros and include all taxes. The VAT rate in effect at the time of the order will be applied to the customer. Any changes in VAT rates will therefore be reflected in the prices of our products. The prices indicated on the “menu” page of our website are for information purposes only and may vary depending on the restaurant (particularly establishments located in the Paris region and shopping centers).
Article 7 – Payment
The customer is offered a choice of payment methods when placing their order: secure online payment by credit card, or restaurant voucher or restaurant voucher card.
Article 8 – Guarantees
The BURGER AND FRIES restaurants selected for the order undertake to deliver products that comply with the order. In the event of an error or omission in the order following a click and collect order, the customer is invited to contact customer service using the contact form on the contact page of the website www.burger-fries.com within a reasonable period of time (up to 7 days after the date of the order).
Article L. 211-4 of the Consumer Code (only for Customers who are consumers): The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L. 211-5 of the Consumer Code (only for Customers who are consumers): To comply with the contract, the goods must (1) Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model / present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; (2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article 9 – Liability
In the event of inconvenience or damage inherent in the use of the Internet (such as: service interruption, external intrusion, the presence of computer viruses and/or fraudulent use of a credit card), BURGER AND FRIES SAS cannot be held liable.
Article 10 – Confidentiality / Personal data / Intellectual property
All reasonable measures are taken to ensure the security and confidentiality of data collected on the website www.burger-fries.com.
For more information on our conditions for processing personal data entered and stored on the www.burger-fries.com website, please refer to the website’s legal notices page.
This page will also provide you with more details on BURGER AND FRIES SAS’s rights with regard to the images, videos, graphics, etc. used on the website. By browsing the website, users acknowledge that these creations are the exclusive property of BURGER AND FRIES SAS or the third party that has given it prior authorization to use them. If you subscribe to our newsletters, you have the right to request to be removed from the mailing list either by clicking on the unsubscribe link or by contacting us directly here.
Article 11 – After-sales service
BURGER AND FRIES SAS can be contacted using the contact form available on the contact page of the website for any questions relating to the performance of the contract. Assistance is also available on our Facebook, Instagram, TikTok, and LinkedIn accounts.
Article 12 – Applicable law and dispute resolution
These Terms and Conditions are governed by French law and are therefore written in French.
Any disputes arising from these Terms and Conditions, concerning their validity, interpretation, execution, consequences, and repercussions, shall be submitted to the competent courts under the conditions of common law. In the event of a dispute with professional Customers, the Paris Commercial Court shall have sole jurisdiction.
