Terms & Conditions

This Site contains many of the valuable trademarks owned and used by Frankies Peri Peri Ltd (“Frankies Burgers” and “We” and “Us”) These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of Frankies Burgers.

By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of this Site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

Any goods displayed or provided on this Site are done so on an “as is” and “if available” basis and Frankies Burgers expressly excludes any warranties, conditions, representations or other terms with respect to this Site or the content or goods displayed on it, whether express or implied, unless expressly stated to the contrary.

Images of products on this Site are provided for illustrative purposes only; the actual products you receive may vary from the images displayed.

This statement does not affect your statutory rights and nor does this paragraph apply to Frankies Burgers’s liability for products sold through the Site (please see our Products Terms and Conditions).

The Site may link to sites not maintained or related to Frankies Burgers. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or with Frankies Burgers. Frankies Burgers has not reviewed any of all of the sites hyperlinked to or from this Site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk and Frankies Burgers makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, Frankies Burgers does not implicitly endorse third party sites hyperlinked to this Site. Frankies Burgers will also not be responsible for the content of any third party advertising or sponsorship that may appear on the Site nor for compliance of the same with any laws or regulations.

Product Terms & Conditions

Order and Acceptance

1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by Frankies Burgers to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.

1.2 Unless otherwise stated in writing, the prices quoted by Frankies Burgers on the website are inclusive of VAT and any other applicable taxes.

1.3 You may not place any orders on Our website if you are under 12 years of age.

Prices and Payment

2.1 Unless otherwise stated in writing, the prices quoted by Frankies Burgers on the website are inclusive of VAT and any other applicable taxes.

2.2 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake for which We shall not be liable. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.

2.3 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order.

2.4 When you input your postcode into the website, you are automatically directed to the website referring to Your local Hut. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from Hut to Hut. In addition, if you order online, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.

Changes to your Order

3.1 If you wish to amend your order, please telephone us, details of which will be included in the confirmation email sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. If you paid by Credit card the price difference will need to be paid separately to the Frankies Burgers Store or any refund would need to be processed by our Customer Services team who can be contacted here customerservice@frankiesburgers.co.uk. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.

Cancelling your order

4.1 If you wish to cancel your order you must cancel your order within 3 minutes of placing your order online via our telephone number which is stated on your confirmation email.

Our customer service team will then be in touch within 48 hours to process your refund. Due to the card payments being processed by WorldPay your refund will reach your account within 3-5 working days

Transfer of Property

5.1 Risk in the Products shall pass to the Customer on collection.

5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Frankies Burgers and the Customer agrees that it will not infringe any of Frankies Burgers’s intellectual property rights.

Oral Statements

6.1 The Customer agrees that, in the event of any conflict, written information about the Products supplied by Frankies Burgers shall prevail over any oral statements made by Frankies Burgers or by Frankies Burgers’s employees or agents. Frankies Burgers shall use all reasonable efforts to ensure that its written information about the Products is accurate.

Promotions

7.1 From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors.

All deals are valid within the promotional period, are subject to change or withdrawal and are not valid in conjunction with other offers, unless otherwise stated.

Limitation of Liability

8.1 To the fullest extent permitted by law, Frankies Burgers excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Frankies Burgers had no control of the consequences and which Frankies Burgers could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.

8.2 In any event, Frankies Burgers’s liability to the Customer will not exceed the total price charged for the relevant items.

Mobile App

FC 003 LIMITED mobile application is owned and operated by Franksters, who are the controller of all stored data.

PepperHQ Ltd operate as a processor of data for FC 003 LIMITED App.

This policy, together with our MOBILE APP TERMS OF USE, explain how we may use information we collect about you, as well as your rights over any personal information we hold about you. Please read this policy and our MOBILE TERMS OF USE carefully.

Information we collect about you through FC 003 LIMITED App.

We collect information about you when you: - register to use FC 003 LIMITED App;
- attempt to check in to our stores;
- register your debit or credit card details;
- upload a profile photo, and
- use the payments facility in FC 003 LIMITED App to pay for your purchase.

This information is collected, stored and processed under Article 6(1)(b) of the GDPR, “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract" i.e. We need this data for you to be able to use the App for it's primary purposes.

Using your information

Collecting personal information in FC 003 LIMITED App (name, email address, date of birth) helps us to better understand what you need from us.

We use your information to: - improve the functionality and performance of FC 003 LIMITED App;
- personalize our services to you;
- tell you about important changes to FC 003 LIMITED App and related services, and
- manage promotions, competitions, customer surveys and questionnaires.

Your personal information is safe with us and will never be released to third party companies for marketing purposes.

FC 003 LIMITED App captures your geographic location when you attempt to "check in" to one of our stores. We do this to identify which store you are in or near to allow you to pay using FC 003 LIMITED App, and to provide an enhanced visitor experience (for example, through digital loyalty cards). We will only capture this information with your consent. FC 003 LIMITED App also captures basic usage metrics to help us identify any problems and to make improvements in the future. These metrics also help us understand how people use FC 003 LIMITED App and how many people use the different functions within FC 003 LIMITED App.

Your contact details and personal information may be used to send direct marketing messages to you via your contact details provided. This is done only with your explicit consent, which can be withdrawn at any time from the 'MyAccount' options within the app. You may refuse consent for marketing messages without detriment to any other areas of functionality within the app.

Information We Capture

Geographic location

We provide enhanced store visit experiences when you choose to pay using FC 003 LIMITED App. You may prevent FC 003 LIMITED App from accessing your device's location services, or turn off the location services of your Mobile Device. Doing so will impact the capability of FC 003 LIMITED App and prevent you from enjoying an enhanced experience.

Data you share with us (Including information you give us when signing up, and information which is shared automatically, such as Device ID, and IP address)

We use this data to log you in to FC 003 LIMITED App and it helps us understand our customers better and present you with appropriate offers and promotions. Your data is stored in an encrypted database and transferred over a secure network connection. You decide which data you do and do not share with us. If you ask us to, we will update, correct or delete any data which you give to us.

### Your Card details

Your card details are not stored on FC 003 LIMITED App and they are only used in accordance with your payment instructions. Your card details are stored with our payment gateway partner - Square - who are a Level 1 certified PCI-DSS Service Provider. You have to use the payments facility within FC 003 LIMITED App to pay for your purchase through the app.

### Your profile photo

Your profile photo is used in store to verify your identity. If you ask us to, we will update, correct or delete your profile photo. However, you must have a profile photo if you wish to use FC 003 LIMITED App to pay for your purchases in-store.

### Your purchase history

We use your purchase history to provide personalized offers and analyse which products and rewards are most likely to interest you.

### Data storage, protection and your right to access and erasure

Your data is stored in an encrypted database and transferred over secure network connections. We will store your information for as long as your account exists in FC 003 LIMITED App. If your user account is entirely inactive for a period of 12 months or more, we will delete your account. If you ask us to, or if you delete your account, we will delete the information linked to your account which can identify you personally, including your profile photo and personal details.

You may ask us, at any time, to provide to you confirmation that your data is being processed and access to your personal data. This will generally be provided within 7-21 working days.

### Marketing and research

If you agree, we may contact you:

- with offers and information about FC 003 LIMITED products or services. - for customer research, e.g. to help improve our service.

You can ask us to stop contacting you for marketing and/or research purposes by following the instructions in any such communication or by emailing us at kamran@fillicafe.co.uk

Disclosing your information

We will never disclose your information to anyone outside of Franksters except:

- Where we have your consent - Where we are required or permitted to do so by law - To other companies who provide a service to us as a processor under the terms of this privacy policy - To any successors in title to our business.

If we ever transfer your personal information to countries outside the European Economic Area we will ensure that appropriate security measures are taken.

## Accessing your information
To obtain a copy of the information we hold about you, email us at kamran@fillicafe.co.uk. Please confirm any details to help us identify and locate your information. If any of the details are incorrect, let us know and we will amend them.

## Changes to our policy

This policy replaces all previous versions and is correct as of November 2019. We reserve the right to change the policy at any time.

## Contacting us

If you have any queries, please contact us at kamran@fillicafe.co.uk