TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE WWW.BURGERKING.COM.CY(THE "SITE"). PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS MAY BE MODIFIED AT ANY TIME AND THE MODIFIED TERMS AND CONDITIONS WILL BECOME EFFECTIVE UPON POSTING. You are responsible for staying informed of any changes. Each time you ACCESS the Site, you reaffirm your acceptance of the then-current terms and conditions. If you do not agree with the modified terms and conditions, you should discontinue using the Site.
This Agreement is by and between you and WOW BURGERS LIMITED ( “Burger King Cyprus”), PHC Franchised Restaurants Public Ltd (“PHC”) and Burger King Franchisor (“Burger King”).
This Site contains many of the valuable trademarks owned and used by Burger King and its affiliates throughout the world to distinguish its quality products and services. " Burger King Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Burger King uses in connection with its products and services. You may not remove or alter any Burger King Trademarks, or co-brand your own products or material with Burger King Trademarks without Burger King's prior written consent. You acknowledge Burger King’s rights in Burger King Trademarks and agree that any use of Burger King Trademarks by you shall inure to Burger King 's sole benefit. You agree not to incorporate any Burger King Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The Burger King 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 Burger King.
Burger King Cyprus and PHC (collectively, “We” or “Us”) strive to ensure that the information contained in this Site is accurate and reliable. However, We and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. You should take appropriate steps to verify all information on this Site before acting upon it. To the fullest extent permissible pursuant to applicable law, We disclaim any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. We may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall We be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
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 We expressly exclude 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.
Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.
The Site may link to sites not maintained or related to Us. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or with Us. Neither PHC nor Burger King Cyprus has reviewed any or 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 We make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, We do not implicitly endorse third party sites hyperlinked to this Site. Neither PHC nor Burger King Cyprus will 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.
The Site may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by PHC and Burger King Cyprus. PHC and/or Burger King Cyprus may be, but are not necessarily, sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site, and make no representations about them, their owners, their products or services. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.
The text, graphics, images, and the Site's 'look and feel') (collectively, the “Burger King Content”) are the exclusive property of Burger King, and the software and HTML code contained in this site (the “Burger King Cyprus Content”) is the exclusive property of Burger King Cyprus and PHC, and may not be copied, distributed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of Burger King Cyprus and PHC. The Burger King Content, including but not limited to the content, arrangement and layout of the Site, the trademarks, service marks, trade dress, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Burger King.
Any unauthorised use of either the Burger King Content or the Burger King Cyprus Content, including but not limited to the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site, may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
By visiting the Site, the User does not acquire or obtain by implication or otherwise, any licence or right to use or make additional copies of any materials or information displayed on the Site.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
Once you register to this Site and/or download the corresponding application on your own device (“APP”) you acknowledge that you will participate in any reward program.
These terms and conditions are governed by the laws of Cyprus and you agree that the Cypriot courts shall have exclusive jurisdiction in any dispute. This Site is for use only by persons who access it from within Cyprus. Goods available from this Site are available only to residents of (or companies incorporated in) Cyprus. We make no representation that any material contained on this Site is appropriate for any other jurisdiction.
PRODUCT TERMS AND CONDITIONS
In these Product terms and conditions (the "Conditions") the following words and expressions shall have the following meanings:
Burger KingCyprus, Our and We: means PHC Franchised Restaurants Public Limited and WOW BURGERS LIMITED;
the Customer, you, your: means you, the customer, who buys the Products from Burger King Cyprus;
the Products: means the products supplied by Burger King Cyprus to the Customer; and
the websites: means the website www.burgerking.com.cy
Order and Acceptance
These Conditions shall apply to all orders and contracts for the supply of the Products by Burger King Cyprus 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.
The acceptance of orders for the Products shall be at the absolute discretion of Burger King Cyprus. Our acceptance of an online order occurs when you receive an on-screen message confirming your order has been placed, at which point, your contract with Burger King Cyprus is made and up until this point, We may decline to provide You with the goods without giving any reason.
You may not place any orders on if you are under 18 years of age.
Prices and Payment
Unless otherwise stated in writing, the prices quoted by Burger King Cyprus on the website and aggregators websites are inclusive of service charge and VAT.
The price of the Products will be as quoted on the Site or aggregators websites 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.
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 at the time when your order is placed.
Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from store to store. 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
If you wish to cancel, amend or comment on your order, please telephone at 77777272. 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 store or any refund would need to be processed by our Customer Services team who can be contacted here. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
We can only fulfil an order for large quantities at the discretion of the store from which you are ordering. If you would like to place a large order, we recommend you contact Burger King Cyprus store well in advance.
If you have chosen for the Products to be delivered, Burger King Cyprus will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order and you have already paid online for your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
Transfer of Property
Risk in the Products shall pass to the Customer on delivery.
The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Burger King and the Customer agrees that it will not infringe any of Burger King intellectual property rights.
The Customer agrees that, in the event of any conflict, written information about the Products supplied by Burger King Cyprus shall prevail over any oral statements made by Burger King Cyprus or by Burger King Cyprus employees or agents. Burger King Cyprus shall use all reasonable efforts to ensure that its written information about the Products is accurate.
From time to time, our Products may be subject to special offers. Any special offers shall be subject to these Conditions which will prevail if there is inconsistency between the terms of the special offer and these Conditions. 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
To the fullest extent permitted by law, Burger King Cyprus 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 Burger King Cyprus had no control of the consequences and which Burger King Cyprus could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
In any event, Burger King Cyprus liability to the Customer will not exceed the total price charged for the relevant items.
Nothing in these conditions shall affect the statutory rights of the customer.
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of Cyprus and Burger King Cyprus and the Customer submit to the exclusive jurisdiction of the Courts of Cyprus.