ARTICLE 1 - DEFINITIONS

Customer : refers to any natural person ordering Products on the Site. The latter acknowledges being of legal age and having full legal capacity to enter into commitments hereunder.

How to order: means any order for Products to be taken away placed on the Site or on the application at a Sales Outlet.

Account : refers to the personal space that the Customer can create on the Site to access the Product Ordering service, associated with a login and password.

Personal data: personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to the Seller and Black Cheddar or which is collected by Black Cheddar in connection with the use of the Website.

BLACK CHEDDAR : SAS with share capital of €1,000, having its registered office at 10 RUE GRENETA, 75003 PARIS 3, registered with the Bobigny Registry under no. 847 794 278.

Point of Sale : means commercial premises in which a business under the BLACK & WHITE BURGER banner is operated.

Products : designates all products offered for sale on the Site and the application by a Sales Outlet.

Intermediation service : means the intermediation service between Sellers and Customers offered by BLACK CHEDDAR through the Site.

Site : refers to the Internet site accessible at the following URL address: https://bnwburger.com

User : means any natural person browsing the Site.

Seller : means the legal entity that markets Products through a branded outlet, independent franchisee or subsidiary of BLACK CHEDDAR, selected from amongst the network of Black & White Burger outlets according to the collection address chosen by the Customer, and through which the Sales Order will be recorded.

ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GGVS

The purpose of these General Terms and Conditions of Sale (hereinafter the "GTCS") is to define and govern the rights and obligations of the Parties in the context of the online sale of Products by the Seller to the Customer.

Any Product Order placed by the Customer automatically implies full and unreserved acceptance by the Customer of these GCS.

In the event of any conflict between the provisions of the GTC and any other contractual documents relating to the Intermediation Services and Product Orders, these GTC shall prevail unless the Parties agree otherwise in writing.

No tolerance in the application of the provisions of the GTCS may be interpreted as a waiver by Pokawa or the Seller of the right to invoke them at a later date.

If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.

The company reserves the right to modify these GTC at any time. In the event of a change to the GTC, the applicable GTC shall be those in force on the date of payment for the Order.

ARTICLE 3 - USE OF THE SITE

Use of the Site is governed by the general terms and conditions of use of the Site (hereinafter referred to as the "GCU"), which the Customer accepts in full and without reservation when browsing the Site and placing Orders.

ARTICLE 4 - PRODUCT INFORMATION

The Products whose sale is governed by these GCS are those which appear on the Site and which are indicated as being offered for sale by the Seller. These Products are offered within the limits of available stocks, it being specified that the Seller reserves the right to modify or interrupt the offer of certain Products at any time without prior notice to the Customer and without prejudice to Orders placed by the Customer.

The Products are described and presented with the utmost sincerity. However, Pokawa and the Seller do not guarantee the accuracy of the photos or information relating to the Products, which are for illustrative purposes only and have no contractual value. It follows from the foregoing that in the event of errors or omissions in the presentation of the Products, the Seller and/or the company may not be held liable.

It is the Customer's responsibility to find out about any allergies or intolerances to certain ingredients in the Products and to seek out any traces of such allergies or intolerances from the Vendor's services. The Vendor shall not be held liable for the consequences of the Customer failing to take this information into account when placing an Order.

Once the Products have been collected, the Customer undertakes to keep them in good condition and to consume them before the date indicated on the packaging. In the event that the Best Before Date is not labelled, the Customer undertakes to obtain the information from the Seller and, by default, to consume the Products promptly, within three (3) days of their withdrawal.

We recommend that you never freeze the Products.

The Seller cannot be held responsible for the deterioration of the Products due to the negligence of the Customer and/or the poor conservation of the Products after their withdrawal.

ARTICLE 5 - COMPLETION AND ACCEPTANCE OF THE ORDER

5.1. Completion of the Order
To place an Order for Products to take away from the Site, Customers must choose a Sales Outlet from among those offered on the Site, as well as the date and time for collecting their Order.

The Customer must select the Products they wish to order and add them to their basket. The Customer is hereby informed that the price of the Products may vary according to the specific features and extras of said Products. Only the Products in the basket will be included in the Customer's Order.

Once the Customer has completed the Order, they will be asked to confirm that it is accurate.

Customers can place Orders without having to create or use an Account.

The completion of the Order necessarily requires the Customer to provide certain Personal Data, which is collected and stored by the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.

The Customer shall be free to modify his Order or the information communicated until the Order has been paid for and transmitted to the Seller.

Payment for the Product Order in accordance with the conditions set out above is equivalent to :
acceptance of the Vendor's offer and in particular the prices and descriptions of the Products available for sale;
payment of sums due under the Order ;
signature and express acceptance of all transactions carried out.
The Vendor shall archive the Order forms and the Order invoices on a reliable and durable medium, constituting a true copy in accordance with the provisions of article 1379 of the French Civil Code. The Vendor's computerised records shall be considered by the Vendor and the Customer as proof of communications, Orders, payments and transactions between the Parties.

5.2. Customer Account
To order Products, Customers can create or log on to their Account using their e-mail address and password.

The creation of an Account and the completion of an Order require the Customer to provide certain Personal Data, which is collected and stored by the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.

When creating an Account, the Customer undertakes to provide the Seller with accurate and sincere information, and to keep it up to date via the Account administration page.

The Customer's Account is purely personal. Consequently, the Customer undertakes to use it personally and never to allow a third party to use it in his/her place or on his/her behalf, unless he/she bears full responsibility.

In the same way, the Customer is responsible for maintaining the confidentiality of his connection identifiers and in particular his password. The Customer must immediately contact the Seller if he notices that his Account has been used without his knowledge, in which case the Seller shall be free to take all appropriate measures to restore the integrity of the Account.

In the event of a breach of these GTC and/or the legal or regulatory provisions in force, the Seller reserves the right to suspend the Customer's Account without compensation.

ARTICLE 6 - MODIFYING THE ORDER

Until the Order is paid for, it may be modified or stopped by deleting the basket.

Under the terms of article L221-28, 4° of the French Consumer Code, the right of withdrawal applicable to distance selling may not be exercised in the case of the supply of goods which, by their nature, are likely to deteriorate or expire rapidly. As a result of the above, Orders that have been definitively validated and paid for cannot give rise to the exercise of a right of withdrawal and cannot be cancelled.

No Products may be taken back or exchanged.

ARTICLE 7 - PAYMENT OF THE ORDER PRICE

The prices of the Products and the associated taxes are those indicated on the Site. They are expressed in euros and are inclusive of all taxes, taking into account the VAT applicable on the date of the Order. The Vendor reserves the right to modify the prices of the Products at any time, subject to applying the prices indicated on the Site at the time the Order is placed.

The Products may be the subject of promotional offers. Any special promotional offer will be subject to these GTC, which will prevail in the event of any inconsistency between the terms of the special offer and these GTC. These offers may be modified or withdrawn at any time. In order for the Customer to be able to take advantage of them, these offers must exist and still be in force at the time of the Order.

Payment of the Order by the Customer implies its validation by the Seller.

The Vendor provides the Customer with the following secure method of payment: payment by bank card. The Vendor is authorised to use this method of payment. By paying for the Order, the Customer certifies that he/she is authorised to use the bank card whose details have been provided for this purpose, and authorises the Vendor to invoice the Order.

In the event of a refusal to authorise payment by bank card or non-payment of the Order validated by the Customer, the Vendor reserves the right to suspend the processing of the Order until it has been paid for in full or to cancel the said Order.

If the bank card used for payment fails to be identified and verified, the Order in question will be cancelled.

ARTICLE 8 - ORDER COLLECTION

To collect their Order, Customers must go to the selected Sales Outlet at the chosen date and time, bearing their Order number.

Due to the nature of the Products, in the event that the Customer is late in collecting his/her Order from the Sales Outlet or in the event that an Order is not collected, the latter may be destroyed by the Vendor without the Customer being entitled to request reimbursement or compensation in this respect and without the Vendor being held liable.

ARTICLE 9 - LIABILITY

Black Cheddar's involvement is strictly limited to making the intermediation service available to Users and Customers.

In this respect, Black Cheddar shall bear the consequences of any damage directly attributable to it and likely to be caused to the Customer in the context of the operation of the Website, within the limits set out in the GCU.

Black Cheddar cannot be held responsible:
as part of the preparation and supply of Orders by the Seller ;
in the event of disputes between the Customer and the Seller;
in the event of an act of the Customer or the Vendor or in the event of force majeure, as defined by article 1218 of the Civil Code and by the case law of the French courts;
if the Products or the Sellers are unavailable.

The Vendor shall bear the consequences of any damage directly attributable to it in connection with the Customer's Order, in accordance with ordinary law. However, the Vendor shall not be held liable in the event of an act of the Customer or in the event of force majeure within the meaning of article 1218 of the French Civil Code.

The limitations and exclusions in this article are not intended to limit the liability or modify the rights of consumers which cannot be excluded in accordance with the applicable legal provisions.

ARTICLE 10 - INTELLECTUAL PROPERTY

Nothing contained herein, nor the availability of the Website, shall be construed as implying any transfer of intellectual property rights from Black Cheddar and the Seller to the Customer.

All technologies, information, data, documents, know-how and/or formulas communicated by Black Cheddar to the Customer in the context of the provision of the Website and/or the Order, as well as all trademarks, logos, trade names and photographs appearing on the Website, shall remain the exclusive property of Black Cheddar. The Customer is granted a personal, non-exclusive, non-assignable and non-transferable right to use the Website.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the intellectual property of Black Cheddar or the Seller without its prior written consent, are strictly prohibited. The fact that Black Cheddar or the Seller does not initiate proceedings upon becoming aware of such unauthorized use does not constitute acceptance of such use and waiver of prosecution.

ARTICLE 11 - INFORMATION AND TECHNICAL ASSISTANCE

For any information or questions relating to the operation of the Site or their Account, Customers are invited to contact the following e-mail address: 

For any information or questions relating to their Product Order, Customers are invited to contact the Seller by telephone on the number indicated on the Site.

ARTICLE 12 - APPLICABLE LAW - JURISDICTION

The relationship between Black Cheddar and the Customer, or the Seller and the Customer, under these GCS are subject to French law.

In the event of any dispute arising between the Parties, particularly with regard to the validity, interpretation and performance of these GCS, the Parties shall attempt in good faith to reach an amicable agreement to resolve the matter.

For any complaint relating to the operation of the Site, the Customer may send his complaints by mail to Black Cheddar stating the difficulties and or shortcomings found at the following address: 10 RUE GRENETA, 75003 PARIS 3.

For any complaint relating to their Product Order, Customers may send their complaints by post to the Vendor, stating the difficulties or shortcomings observed, to the address given on the Site.

In the event of a response deemed unsatisfactory by the Customer or in the absence of a response within fifteen (15) days of receipt of the complaint, the Customer may request the services of the mediator free of charge by sending an e-mail to mediation-franchise-consommateurs@franchise-fff.com or by post to the following address:

The FFF
Franchise-Consumer Mediation Commission
29 Boulevard de Courcelles - 75008 Paris

The Customer must specify the purpose of his request and attach the documents on which it is based. Upon receipt, the mediator will notify the Parties of the referral by e-mail or ordinary post.

Within the framework of this mediation, the Customer may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for an expert opinion, the costs will be shared equally between Black Cheddar or the Seller and the Customer.

The mediation shall be concluded within ninety (90) days from the notification of the referral by the mediator. The Parties are free to accept or refuse the mediator's proposal.

In any event, recourse to mediation is not compulsory. On the other hand, if the Customer wishes to request the services of the mediator, they must first send a complaint to Black Cheddar or to the Seller.

If the Customer does not wish to refer the matter to the mediator, or if one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to bring proceedings before the competent court.