HESBURGER APPLICATION – TERMS AND CONDITIONS OF USE
Update 17 June 2020
The Hesburger application (hereinafter “Application”) is owned and provided for use by Burger-In Oy (hereinafter “Hesburger”), Business ID: 2031967-6, Address: Linnankatu 34, 20100 Turku, Finland. Hesburger is also the provider of the Hesburger Bonus Club, which is subject to its own terms and conditions available on the Hesburger website.
The customer (hereinafter “Customer”) can use the Application to view and purchase different Hesburger products (hereinafter “Products”) in accordance with these terms and conditions of use. The seller of the Products is the local Hesburger restaurant company where the Customer makes a purchase (hereinafter – “Hesburger Restaurants”). The company and contact information of Hesburger Restaurants can be found in the Application under the selection, “Hesburger restaurants”.
These terms and conditions of use shall apply to the Application and its specified content. By using the Application, the Customer agrees to these terms and conditions and shall be obligated to abide by them as well as any guidelines issued separately through the Application. These terms and conditions shall also bind Hesburger Restaurants.
Hesburger will preserve the text of the terms and conditions of use and the text of the terms will remain available to the Customer via the Application. However, we encourage the Customer to save or print these terms and conditions for future reference.
The terms and conditions of use are available in Finnish, Swedish, English, Estonian, Latvian, Lithuanian and Russian languages.
2. The Hesburger Application
The Application is a mobile service intended for use by Hesburger and/or Hesburger Restaurants customers. The Application can be used in a basic configuration without registration or at the Bonus Club level by a registered user.
Basic level: unregistered users. Downloading and accessing the Application does not require customer registration. At the basic level, Customers receive information on Products, locations, services, campaigns and special offers. Basic level Customers cannot make Advance orders or collect bonuses.
Bonus Club level: registered Customers with logins. Registering for the Application requires an existing Bonus Club account or membership in the Hesburger Bonus Club. Customers can find the terms and conditions of the Hesburger Bonus Club and periodical Bonus Club benefits on their local Hesburger website.
The Application itself is an electronic Bonus Card, which the Customer presents at Hesburger Restaurants when making purchases. Registered Application users are able to use the Application to place Advance orders at listed Hesburger Restaurants and pick up their orders at a specified time. With the Application, the Customer can find, for example, information on their Bonus Club membership, Bonus Club benefits and general special offers and campaigns. The Customer can also use the Application to keep track of their Bonus Club total.
The Customer should use the latest version of the Application to ensure the correct performance of the Application.
3. Product Range and Prices
The product range shown by the Application is the same as Hesburger’s normal product range, except for the fact that the product range and prices are Hesburger Restaurant-specific. The product range and prices may vary from restaurant to restaurant. Not all Products are available at all Hesburger Restaurants. All listed prices include value added tax and other applicable taxes and charges.
In certain cases, a Hesburger Restaurant’s prices for the Products may differ from the prices shown by the Application. In such cases, the Customer is entitled to the lower price unless the listed price is clearly an error. In such case, the Customer who has placed an Advance order as defined in section 4.2 below is entitled to withdraw their order and receive a refund for the paid price.
4. Placing an Order
4.1 Making a purchase list
All Application users (including Basic level) can accelerate their order placement at select Hesburger Restaurants by first assembling a purchase list with the Application and presenting the purchase list code at Hesburger Restaurant checkout (hereinafter “Making a purchase list”). Payment for the Products on the purchase list is done at checkout at Hesburger Restaurants, after which the Products will be made according to the Customer order. Making a purchase list does not require registration for the Application.
4.2 Advance order
A registered Customer may use the Application to put together and pay for an Advance order, wherein the order will be ready for pick-up at a select Hesburger Restaurant (hereinafter "Advance order"). An Advance order requires payment of the order before it may be picked up. Not all Hesburger Restaurants accept Advance orders. The Application will list the restaurants which accept Advance orders (hereinafter “Order restaurant”). The time that the Advance order is placed, referred to below, means the time when the Customer confirms and pays for the order through the Application.
The Customer may pick up an Advance order from a separately marked Pick-up Point (hereinafter “Pick-up Point”) or drive-in window. To ensure a fast and smooth pick-up, Hesburger recommends using the Pick-up Point. The Customer can pick up the Advance order from the Pick-up Point without having to queue separately at checkout.
Advance orders placed through the Application are binding on the Customer towards the Hesburger Restaurant. The Advance order is specified by a four-digit code, which entitles the Customer to pick up the Advance order. The Customer must keep the code secure from unauthorised use. However, the Customer can authorise another person to pick up the Advance order by handing over the code to such a third person. Each code is unique and can only be used once. Hesburger or the Order restaurant is not liable for the unauthorised use of the code by a third person unless the third person got access to the code due to a fault attributable to Hesburger or the Order restaurant.
With the Application, the Customer selects the pick-up time for the Advance order. The Application will automatically list possible pick-up times. The available Advance order pick-up time might be immediate if the preparation of the Advance order begins in the Order restaurant as soon as possible. Alternatively, the Advance order pick-up time might be no earlier than 15 minutes from the time that the Advance order is placed. Advance orders may only be fulfilled during the business hours of the Order restaurant or, if the restaurant is closed, during the business hours on the following day. However, an Advance order may be fulfilled no more than 12 hours after its placement. The latest pick-up time for Advance orders is no less than 5 minutes before the Order restaurant closes. Hesburger or the respective Order restaurant is not liable towards the Customer if the Customer is late with the pick-up. The Customer must place the Advance order with an immediate pick-up at least one minute before the Order restaurant closes.
With the Application, the Customer can follow when the Advance order is ready for pick-up. A push notification of a ready Advance order shall be sent to the Customer if the Customer has turned on the push notifications in the Application settings.
The Hesburger Restaurant will make every effort to have the Customer's Advance order ready by the Customer’s specified pick-up time. The Customer must understand that during busy times the preparation of an Advance order may take longer than anticipated and that the Advance order may not be ready at the specified pick-up time. The Customer is not entitled to any damages or additional compensation for a delayed Advance order, unless otherwise stipulated under statutory laws.
4.3 Bonus points
When placing an Advance order, the Bonus Club level Customer may choose to use their Bonus Card and earn Bonus points for their purchase. The use of the Bonus Card entitles the Customer to Bonus benefits in accordance with the Bonus Club rules. Only one Customer loyalty card may be used for a single purchase.
4.4 Advance order payment
The Customer may pay for an Advance order by using the Bonus account, a credit/debit card or other Stripe payment method, and Apple Pay. Stripe Payments Europe Limited, which is registered in Ireland, serves as the payment service provider.
Stripe Payments Europe Limited
4.5 Advance order cancellation
Due to the nature of the Products, the Customer is not entitled to withdraw from an Advance order after placing the order. The Customer acknowledges that the Products are foodstuff and beverages which deteriorate or expire rapidly and therefore, the right to withdraw is not applicable under local law.
4.6 Late pick-up of an Advance order
Every effort is made to prepare an Advance order by the pick-up time specified by the Customer. The Customer must pick up the ordered Products by the specified pick-up time. With the Application, the Customer can follow when the order is ready for pick-up. A push notification of a ready Advance order shall be sent to the Customer if the Customer has turned on the push notifications in the Application settings. Advance orders are kept in the Order restaurant for 25 minutes from the moment the order is ready for pick-up, but in any case no later than the closing time of the Order restaurant. If the Customer fails to pick up the Advance order within this time, the order will be discarded. The Customer is not entitled to receive any compensation or refund for the Advance order if the Customer is late with the pick-up. In order to ensure Product safety with consideration of the nature of the Products, the Products cannot be provided to the Customer after the pick-up time described in this section has expired.
4.7 Product complaints
Product complaints should be lodged directly at the location of the Hesburger Restaurant or Order restaurant responsible for an order or by filling out a customer feedback form on the Hesburger website. Upon non-compliance of the object of these terms and conditions of use, the consumer also has the legal remedies provided by applicable law.
5. Intellectual Property Rights and Copyrights of the Application
The Application and its content, including trademarks, business names, product information and images, are the property of Hesburger and its group of companies and/or partners, which is protected under the copyright laws and international agreements on intellectual property rights. All rights to the Application and its content are reserved.
The use of the Application is only permitted for personal, non-commercial use. Materials may be viewed, browsed and saved on a terminal device as well as printed out for personal use. Copying, storing otherwise, borrowing, forwarding or otherwise utilising the materials contained in the Application even partially is prohibited without Hesburger’s express written consent. The Customer may not use the Application in violation of the terms and conditions of use, applicable law or proper practices.
6. Hesburger’s Responsibilities
The Application and its content are provided to the Customer as is. Hesburger is not responsible for any errors, missing parts or other faults found in the Application content. Hesburger does not guarantee the availability of the Application or its uninterrupted or flawless function. Hesburger is not liable for any costs, losses (including loss of profit) or other possible damages which may be caused by the use of this Application or from information provided by it, unless otherwise stipulated under mandatory laws.
8. Third-party Services
9. The Processing of Personal Data
10. Other Terms and Conditions
Hesburger may change, update, cancel or remove the Application, its content or parts thereof at its own discretion. This includes any amendments to these terms and conditions of use. The Customer will be notified of any essential amendments in reasonable time in advance either through the Hesburger application or by email to the email address provided by the Customer. The Customer must agree to the changes in the terms and conditions in order to continue the use of the Application.
The Application shall be available to the Customer without requiring any additional registration until the Customer removes the Application from their device. The Bonus Club membership will end in accordance with the Bonus Club rules. The Customer is responsible for the accuracy of the information they provide, the proper storage of their user ID and password, and taking proper data security measures for their phone/device. The Customer is responsible for all transactions conducted through the Application under their user ID.
Finnish law shall apply to the use of this service, purchases made via the Application and these terms and conditions of use. Nevertheless, if you are a consumer domiciled in the EU, please note that you will not be deprived of the protection afforded to you by the statutory consumer protection laws of your country of habitual residence.
Both parties shall make every effort to amicably resolve any disputes arising from this agreement first by negotiation. If the dispute cannot be resolved by negotiation, the case shall be brought before courts for the place where the customer is domiciled or, if the case is brought by the customer, before courts for the place where the customer or Hesburger is domiciled. Consumers may also use the local consumer dispute plat-forms to settle disputes. Please see below for your local platform:
Finland: Finnish Consumer Disputes Board, PL 306, 00531 Helsinki, Finland, www.kuluttajariita.fi
Estonia: Consumer Disputes Committee of the Consumer Protection Board, Pronksi 12, 10117 Tallinn, Estonia, www.tarbijakaitseamet.ee
Latvia: Latvia: Consumer Rights Protection Centre, Brivibas str. 55, Riga, LV-1010, Latvia, http://www.ptac.gov.lv/
Lithuania: State Consumer Rights Protection Authority, Vilniaus g. 25, 01402 Vilnius, Lithuania, www.vvtat.lt
Consumer clients may bring disputes against local Hesburger Restaurants regarding purchases made via the Hesburger Application at the Online Dispute Resolution Platform at http://ec.europa.eu/odr.
11. Contact Information
If you have any questions or comments concerning the Application, please contact your local Hesburger customer service:
Business ID: 2031967-6
20100 Turku, Finland
Finland: firstname.lastname@example.org, +358 2 4808 9000
Estonia: email@example.com, +372 5807 1936
Latvia: firstname.lastname@example.org, +371 6722 8005
Lithuania: email@example.com, +370 6948 4413