1. Scope of application and amendments to the General Terms and Conditions
1.1 Scope of application
The scope of the General Terms and Conditions is limited to orders placed in the BurgerNick.com webshop and Burger Nick franchise shops. In addition, further special terms and conditions may apply, which may contain deviations from or additions to these General Terms and Conditions.
1.2 Changes
If any amendment to these Terms and Conditions is required, we will post such amendment, not retrospectively, in the Notices as updated from time to time. The current version of the General Terms and Conditions can be found on the BurgerNick.com website. By placing an
2. Liability
2.1 Liability principles
Burger Nick’s liability within the scope of the agreed services is limited to the value of the goods. After handing over the ordered goods to the customer, the liability is automatically transferred to the customer.
In case of delayed collection, Burger Nick shall not be liable for the freshness or temperature of the goods.
2.2 Disruption of operations
Burger Nick shall not be liable for disruptions caused by force majeure, riots, war, and natural events or by other occurrences for which it is not responsible (e.g. strike, lockout, traffic disruption, delivery disruptions at the producers, orders of higher authorities at home and abroad).
3. Order and conclusion of the contract
3.1 Order
By placing an order via the BurgerNick.com web shop, the customer enters into a binding contract with Burger Nick.
The order placed by him shall be forwarded by Burger Nick to the franchisee concerned for delivery at the Burger Nick branch or, if the franchisee participates in the delivery service, for delivery.
3.2 Conclusion of contract
A purchase contract for the delivery of the food and beverages is concluded exclusively between the orderer and the defined franchisee upon completion of the order process via BurgerNick.com or in the Burger Nick branch. The franchisee is solely responsible for the delivery of the food and beverages.
The food and drinks offered via the BurgerNick.com webshop are priced in €. These prices include the applicable value-added tax.
3.3 Payment
When using the BurgerNick.com webshop, payment is processed online by PayPal or credit card via the payment service provider Stripe. The payment processing is subject to the terms and conditions of the payment service provider, which can be viewed on the webshop.
In the Burger Nick franchise branch, electronic payment via EC card, credit card, and cash is possible.
3.4 Delivery times and right of withdrawal in case of non-compliance/delay of the delivery date
The individual delivery times and defined delivery distances of the Burger Nick franchise branches are noted in the webshop under the respective branch.
Burger Nick reserves the right to change both the delivery times and the delivery distance. Within the scope of this, delivery will be made to a delivery address specified by the customer on the agreed delivery date. The customer guarantees the receipt of the goods ordered by him.
In the event of force majeure (e.g. flooding, black ice, or heavy snowfall), traffic-related events, and capacity problems, the delivery service may be suspended.
The customer will be informed of this during order processing.
4. Data protection
The protection of our customers is very important to us.
We adhere to the Data Protection Regulation (DSGVO) applicable to data storage and processing.
4.1 Data processing for the performance of general business activities
We process customer contact data, in particular name, date of birth, address, telephone number, and e-mail address, to carry out our ordering service. The data is stored by us in a central customer management program. We process the data based on Art. 6 Para. 1 lit. b DSGVO.
4.2 Automated transmission of information – Newsletter
Burger Nick provides the possibility to receive information automatically by e-mail. The desired e-mails can be subscribed to via our BurgerNick.com homepage. For this purpose, we process the e-mail address. These e-mails will only be sent after explicit consent has been given. It is of course possible to unsubscribe from the information e-mails at any time. The basis for data processing is your consent by Art. 6 Para. 1 lit. a DSGVO.
4.3 Retention of your data
In principle, we only store personal data for as long as is necessary to fulfill contractual or legal obligations for which we collected the data. Thereafter, we delete the data immediately, unless we still need the data until the expiry of the statutory limitation period for evidence purposes for claims under civil law or due to statutory retention obligations.
For evidentiary purposes, we must retain contractual data for three years from the end of the year in which the business relationship with you ends. Any claims become statute-barred at this point at the earliest by the standard statutory limitation period. The legal basis for storing the data is Art. 6 Para. 1 lit. f DSGVO. The decisive factor is our legitimate interest in storing the data for evidence purposes and the protection of any legal claims.
Even after this, we still have to store some of your data for accounting reasons. We are obliged to do so because of legal documentation obligations that may arise from the German Commercial Code, the German Fiscal Code, the German Banking Act, the German Money Laundering Act, and the German Securities Trading Act. The periods specified there for the retention of documents are two to ten years.
4.4 Data processing rights
The customer has the following rights regarding data processing:
4.5 Right to information on which data are processed (Art. 15 DSGVO);
The customer has the right to be informed which of his or her data is being processed by us, as well as other information by Art. 15 of the Data Protection Regulation that is related to the data processing. Upon request, we will gladly provide him with the relevant data and information and provide him a copy of this data.
4.6 Right to rectify your data (Art. 16 DSGVO);
The customer has a right to rectification of his data if his data are inaccurate or – taking into account the purposes of the processing – incomplete.
4.7 Right to erasure (Art. 17 DSGVO);
The customer has a right to erasure if data is no longer needed, the processing is not lawful or other cases of Art. 17 DSGVO exist. In these cases, we delete his data immediately.
4.8 Right to restrict the processing of your data (Art. 18 DSGVO);
The customer has a right to restriction of his data in the cases mentioned in Art. 18 DSGVO. This includes, among other things, the case that we process data in places or to an extent by which the data processing is no longer legally justified. In addition, the case may be relevant that data is subject to a retention obligation and we are therefore not allowed to delete it without further ado. In this case, we restrict the processing to the greatest possible extent. Restriction usually means that the data is stored, but access by employees is no longer possible.
4.9 Right to object to processing based on Art. 6 (1) p. 1 lit. f DSGVO (Art. 21 DSGVO);
We shall cease processing data based on Art. 6 (1) sentence 1 lit. f DSGVO, in particular for advertising and marketing purposes, if the customer objects to this.
4.10 Right of revocation;
The customer may at any time revoke the consents he has given us via e-mail.
5. Law and place of jurisdiction
5.1 Applicability of German law
German law shall apply to the business relationship unless otherwise regulated. The contractual language is German.
5.2 Place of jurisdiction
The place of jurisdiction for both contracting parties is the competent district court in Germany.
6. Complaint and dispute resolution procedure
The customer may address a complaint to the contact point stated at BurgerNick.com.
Burger Nick will respond to the complaint in an appropriate form via e-mail, if necessary after consultation with the franchisee concerned.
Burger Nick does not participate in dispute resolution procedures.
