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TERMS AND CONDITIONS.

This page (together with our Privacy Policy and Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, CHIK’N LIMITED, provide our services through our website, chickenshop.com and any CHIK’N LIMITED mobile application through which you access the website or any of our services (together, “Website”). 

Please read these Website Terms carefully because your use of our Website and your purchase of any products offered on our Website is subject to these Website Terms. You should understand that by ordering products via our Website (whether 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 by changing them on this page. These Website Terms were last updated on 30/03/2023 Use of your personal information submitted via our Website is governed by our Privacy Policy and Cookies Policy.

This page (together with our Privacy Policy and Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, CHIK’N LIMITED, provide our services through our website, chickenshop.com and any CHIK’N LIMITED mobile application through which you access the website or any of our services (together, “Website”). 

Please read these Website Terms carefully because your use of our Website and your purchase of any products offered on our Website is subject to these Website Terms. You should understand that by ordering products via our Website (whether 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 by changing them on this page. These Website Terms were last updated on 30/03/2023 Use of your personal information submitted via our Website is governed by our Privacy Policy and Cookies Policy.

1. INTRODUCTION

1.1. CHIK’N LIMITED is a company registered in England and Wales with registered company number 10499976, whose registered office is at 146 Freston Road, London, England, W10 6TR.

1.2. CHIK’N LIMITED’s VAT number is 269066474.

1.3. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection or your device are aware of these Website Terms and that they comply with them.

2.MAKING AN ORDER

2.1 You can order directly with us on our Website for collection only, or you can make an order with one of our delivery partners.

2.2 If you decide to make an order with one of our delivery partners, then you also agree to comply with their terms and conditions.

2.3 You agree to follow the instructions on our Website for making an order and you are responsible for checking that your order is correct and at the correct Chicken Shop location before you complete your order.

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. Only orders that are paid in full will be processed by CHIK’N LIMITED. Any orders that have not been paid in full, will not be processed. Payment for all orders must be by credit or debit card as stated on our Website.

2.3. Prices will be as quoted on our 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 CHIK’N LIMITED 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.

3.COLLECTION

3.1. We will aim to provide you with your ordered products as close as possible to your order time, but due to the nature of the service we cannot guarantee this, and you acknowledge that there may be delays.

3.2. You agree to collect your order promptly and no later than 30 minutes after your order is accepted (or, where applicable, at the time that we inform you that your order will be ready). If you do not collect your order within 30 minutes of it being ready, your order may be disposed of and you will not be entitled to any refund.

3.3. Products are subject to availability. If your products are not available or if the Chicken Shop will not process your order for any reason, we may:

3.4 If you intend to make any order that contains more than ten of the same item, we recommend that you contact the relevant Chicken Shop in advance of the order to check availability.

4.LICENCE

4.1. You are permitted to print and download extracts from our Website for your own personal use on the following basis:

4.1.1. Unless otherwise stated, the copyright and other intellectual property rights in our Website and in material published on it (including without limitation photographs and graphical images) are owned by us. 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 our 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 CHIK’N LIMITED’s status as the authors of the material on our 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 our Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

4.2. Except as stated in paragraph 4.1, no part of our 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. Whilst we try to ensure our Website is normally available twenty four (24) hours a day, we will not be liable if our Website is unavailable at any time or for any period.

5.2. Access to our 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.

5.4. In order to access our mobile application(s) (“App”) you will need to have a smartphone or other mobile device that is capable of running the latest versions of either Android or iOS operating systems and access to the internet.

6. LOYALTY & FREEBIES

6.1. To participate in our loyalty reward scheme (“Loyalty Scheme”) you must download our App, accept these Website Terms and register to the Loyalty Scheme by entering your details as instructed on the App and following all such instructions on the App and our Website to create your “Loyalty Account”.

6.2.  As part of the Loyalty Scheme, you can earn 10 points for each one pound sterling (£1) that you spend directly with us on purchasing food when making an order (“Reward Points”) provided that you have complied with all of these Website Terms and any instructions that we have given you, including on our Website and on our App.

6.3. In order to earn Reward Points when ordering:

6.3.1. on our Website, you must use the same email address that you used to register for the Loyalty Scheme and your Loyalty Account and you must complete any details that we ask for as part of that order; or

6.3.2 in store, you must log into your Loyalty Account and scan the relevant QR code produced at the point of your order and following all instructions that appear on your screen or, where applicable, typing the loyalty code given to you into the relevant section of your Loyalty Account.

6.4. Provided you have enough Reward Points, you can use them to select certain vouchers as specified on the App (“Freebies”). Please visit the App to see how many Reward Points you require for each Freebie.

6.5. Reward Points may only be used once to select a Freebie.

6.6. Reward Points will expire within 18 months of issue.

6.7. Freebies will expire within 6 months of being selected.

6.8. Unexpired Freebies may only be redeemed in store.

6.9. Any Reward Points you earn are personal to you and cannot be pooled together with Reward Points of other customers.

6.10. Other than using Reward Points for selecting Freebies as set out in these Website Terms, Reward Points cannot be sold or exchanged for any money, goods or services and have no monetary value.

6.11. The refer a friend promotion may be changed at our discretion without notice.  To earn any points or other promotional offer the person referred must sign up to Chicken Shop Rewards and must spend at least £5.  Once this spend threshold is achieved any points or other promotional offer will be added to your account.

6.12. The student offer may be changed at our discretion and without notice.  Under the free fries promotion, any student signed up to the scheme will be eligible for one portion of fries for free with each transaction with a minimum spend of £6, excluding the cost of the fries.  In line with all freebies, the fries must be added to the basket during the purchase process and the freebie for free fries applied at checkout.

6.13.  All other freebies or gifts issued under the Loyalty Scheme are issued at our sole discretion and within fair use and require minimum spend or visit thresholds to be achieved.

6.14.  The “free birthday burger” reward requires you to be an active member of the scheme for at least 1 month, including at least 2 visits and a minimum spend of £10 in the prior twelve months.

6.15. We may withdraw or change the Loyalty Scheme at any time without any notice and at our sole discretion.

6.16.  Only one account per person.

6.14. If we suspect that you have breached any of these Website Terms or any of our instructions, we reserve the right to:

6.14.1. refuse redemption of any Reward Points or Freebies;

6.14.2. remove any Reward Points or Freebies from your Loyalty Account; and

6.14.3. cancel your Loyalty Account.

7. DISCLAIMER

7.1. Whilst we try to ensure that information on our Website is correct, we do not promise it is accurate or complete. We may make changes to the material on our Website, or to the services and prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update that material.

7.2. We provide you with access to our Website and our services on the basis that, to the maximum extent permitted by law, all representations, warranties and implied terms and conditions (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) are excluded.

7.3. You are responsible for the security of your password that you used to register with our Website. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transaction entered into using your name and password.

8. TERMINATION

8.1. We 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 we believe you have materially breached any terms of these Website Terms.

8.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from our Website and you must not use our Website unless we authorise you to do so in writing.

9. LIABILITY

9.1. We’re only liable for losses that could reasonably be expected to occur when you agreed to be bound by these Website Terms.

9.2. Whether or not losses could reasonably be expected to occur when you agreed to be bound by these Website Terms, we’re not liable for:

9.2.1. loss of data or information;

9.2.2. business losses, such as loss of profits or loss of revenue;

9.2.3. loss of income;

9.2.4. loss of your time; or

9.2.5. problems caused by our delivery partners or any other third party.

9.3. Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our 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.

9.4. With the exception of any liability referred to in paragraph 9.3 above, our total liability to you in relation to your use of our 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 higher.

9.4. If your use of material on our Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

10. GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts, unless you are a consumer and you live in Scotland or Northern Ireland, in which case you may bring any claims you have in the courts of Scotland (if you live there) or Northern Ireland (if you live there).

11. ADDITIONAL TERMS

11.1. We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy.

11.2. 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.

11.3. 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.

11.4. 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 other parties, including any business that we enter into a joint venture with, purchase or are sold to.

11.5. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

12. 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.

13. COMMUNICATIONS

When using our Website or ordering products via our 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.

14.EVENTS OUTSIDE OUR CONTROL

14.1. 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”).

14.2. 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, pandemic 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.

14.3. 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.

15. ENTIRE AGREEMENT

These Website Terms and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter of any contract.