Thank you for choosing to satisfy your appetite at BLACK & WHITE BURGER. When you order from us - whether online, via our app or directly in the restaurant - you're not just choosing a burger: you're embarking on a unique experience, imagined by Ibra and Djam to reinvent the codes of fast food.

Exclusive recipes, carefully selected products, a strong identity... Our black and white burgers are there to make as much an impression on the mind as on the taste buds.

And because a good experience also requires clarity and trust, these General Terms and Conditions of Sale and Use (GTCSU) are here to explain to you in complete transparency how your order works, your rights and our commitments.

Take the time to browse them - they're the perfect accompaniment to your favourite burger.

ARTICLE 1 - DEFINITIONS

Application: designates the "Black & White" mobile application, developed by BELORDER (RCS BOBIGNY 884 506 064), downloadable from the Apple (App Store) and Android (Google Play) stores, enabling the User to consult the menu, locate restaurants, place an order, make an online payment, benefit from promotional offers, and manage his/her customer account.

Customer : means any natural person of legal age who places an order for Products via the Site or the Application as a consumer within the meaning of the introductory article of the French Consumer Code. By accepting these General Terms and Conditions, the Customer acknowledges that he/she is acting for personal purposes, to the exclusion of any professional or commercial activity.

How to order: means any order for Products placed by a Customer via the Site or the Application, with a view to collection from a Point of Sale or delivery to the address indicated by the Customer, in accordance with the terms and conditions offered by the selected Point of Sale.

Account : refers to the secure personal space that Customers can create on the Site or the Application, enabling them to access the Product Ordering service, manage their personal information, order history and payment methods and, where applicable, take advantage of promotional offers. Access to the Account is protected by a strictly confidential identifier (e-mail address) 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 the Company or which is collected by the Company when using the Site and the Application.

The Company : means the company BLACK CHEDDAR, SAS with capital of €1,000, whose registered office is located at 10 RUE GRENETA, 75003 PARIS 3, registered with the PARIS Registry of Companies under No. 847 794 278. It is the publisher and operator of the BLACKANDWHITE BURGER brand, trade name, know-how, concept and network, and as such, it manages all the services offered on the Website and the Application, in particular the taking of online orders, the management of Accounts, and the commercial relationship with Customers.

Point of Sale : means any physical establishment operating under the BLACKANDWHITE BURGER brand name, in which a fast food activity is carried out, allowing the preparation and delivery of Products ordered by Customers, whether for consumption on the premises, to take away or for delivery, depending on the services offered locally.

Products : means all the products offered for sale on the Site and the Application by a Sales Point. The range of Products may vary slightly depending on the Outlets and their service area, while complying with the specifications of the BLACKANDWHITE BURGER brand, thus guaranteeing consistency of quality and experience throughout the network.

Intermediation service : means the connection offered by the Company between Customers and Points of Sale operating the BLACKANDWHITE BURGER brand, via the Site and the Application.

Site : means the online platform developed by BELORDER (RCS BOBIGNY 884 506 064), hosted by HOSTINGER INTERNATIONAL LTD (Cyprus) and operated by the Company, accessible at the following address https://bnwburger.comIn particular, you can consult the Products on offer, locate a Point of Sale, create an Account and place an Order.

User : means any natural person accessing the Site or the Application, whether as a visitor or as the holder of an Account, and whether or not they have placed an Order. The User undertakes to use the platform in accordance with these General Terms and Conditions.

Seller : means the legal entity that markets Products through a branded outlet, independent franchisee or subsidiary of the Company, selected from amongst BLACKANDWHITE BURGER's network of outlets according to the collection address chosen by the Customer, and through which the Sales Order will be registered.

ARTICLE 2 - CONTENT AND SCOPE

The purpose of these General Terms and Conditions of Sale and Use (hereinafter the "GTCU") is to define the terms and conditions of access, browsing and use of the website https://bnwburger.com (hereinafter the "Site") and the BLACK & WHITE mobile application (hereinafter the "Application"), as well as the conditions for ordering the Products offered by the Sales Points.

They govern the relationship between :

• The Company, holder of the rights to the BLACKANDWHITE BURGER brand, which coordinates the commercial activity of the brand, manages the offer accessible on the Site and the Application, and provides an intermediation service between Customers and Points of Sale,
• Sellers operating a restaurant under the BLACKANDWHITE BURGER brand in a Sales Outlet, to whom Orders are placed directly,
• and Customers accessing the Site or the Application to order Products on a personal basis.

Any use of the Site or the Application, and any Order for Products, implies full and unreserved acceptance of these GTCU.

The GTCU in force at the time the Order is validated shall apply. They may be amended at any time by the Company, in particular to take account of legal or technical developments. In the event of an update, the new version will be accessible on the Site and the Application, with its effective date clearly indicated.

In the event of any conflict between the provisions of the GTCU and any other contractual documents relating to Intermediation Services and Product Orders, the GTCU shall prevail.

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 assign, transfer or subcontract all or part of its rights and obligations under these GCUV to any third party of its choice, in particular for technical, commercial or operational management purposes.

The Customer may not assign or transfer these GTCU to a third party in any way whatsoever without the Company's prior written consent.

ARTICLE 3 - PRE-CONTRACTUAL INFORMATION

In accordance with the provisions of Articles L. 221-5 et seq. of the French Consumer Code, the Customer acknowledges having received the following information in a legible and comprehensible form prior to the validation of his Order and the conclusion of the contract:

• The essential characteristics of the Products on offer (in particular their description, allergens and prices) are available before the Order is validated;
• The identity of the Company and its full contact details;
• The terms and conditions of the Order, delivery or collection, as well as the associated lead times;
• The total price to be paid, including all taxes, before confirmation ;
• The payment methods offered (online payment, payment on delivery, etc.);
• The existing right of withdrawal, its conditions and exceptions, in accordance with Article L. 221-28 4° of the French Consumer Code;
• The validity period of any promotional offers;
• The existence and procedures for handling complaints.

This information is available at all times on the Site and the Application, and the Customer is reminded of it before validating any Order.

ARTICLE 4 - TERMS OF USE OF THE SITE AND THE APPLICATION

4.1. Browser/mobile compatibility

The Website and the Application are designed to be accessible from most recent web browsers (such as Google Chrome, Mozilla Firefox, Safari, Microsoft Edge) as well as from the main mobile operating systems (iOS and Android).

Customers are advised to use an up-to-date version of their browser or operating system to ensure optimal browsing, access to all functions and data security.

4.2. Availability and maintenance

The Company endeavours to ensure uninterrupted access to the Site and the Application, 7 days a week and 24 hours a day. However, access may be temporarily suspended, limited or interrupted, in particular for reasons of technical maintenance, updating, security or in the event of force majeure.

The Company undertakes to use its best endeavours to inform Users of any scheduled or prolonged interruption.

4.3. Liability

The Company shall not be held liable for any malfunction or incompatibility linked to the use of obsolete versions of browsers, operating systems or unsupported equipment.

The Company may not be held liable for any temporary unavailability of the Site or the Application, or for any malfunctions affecting access to the services or the placing of Orders, where such malfunctions result from circumstances beyond its control.

4.4. Evolution of the service

The Company reserves the right to make changes or improvements to the Site, the Application and the services offered therein at any time, in particular to improve their functionality, performance or user experience.

These changes may include the addition, deletion or modification of certain functionalities, without this giving rise to any right to compensation for the Customer or the User.

Wherever possible, the Company will endeavour to inform Users of any major changes affecting the normal use of the Site or the Application.

ARTICLE 5 - CUSTOMER ACCOUNT

5.1 Registration

Customers may place Orders via the Site or the Application with or without creating an Account (as a guest).

The creation of an Account is optional and enables Customers to benefit from additional functionalities such as consulting their order history, registering their personal information, accessing personalised promotional offers and taking part in loyalty programmes.

When choosing to create an Account, the Customer undertakes to provide accurate, complete and up-to-date information (in particular their surname, first name, postal address, e-mail address, telephone number and password), and to modify this information in the event of any changes.

Access to the Account is secured by personal identifiers (e-mail address and password) for which the Customer is solely responsible. Any use of the Account, whether authorised or not, is the sole responsibility of the Customer.

In the event of the loss or fraudulent use of his/her login details, the Customer undertakes to inform the Company without delay using the contact details provided in these GCU.

The Company implements reasonable technical means to guarantee the security of the data transmitted and stored, in accordance with its Privacy Policy and the general terms of use of BELORDER, the technical service provider for the Site and the Application, which hosts the data on servers located in the European Union.

The Company cannot be held responsible for the consequences of inaccurate, incomplete or out-of-date data provided by the Customer.

Nor shall the Company be held liable for the payment of bank charges or for any transaction carried out via the Customer's Account that has been made accessible to a third party by the Customer himself, except in cases of force majeure, in particular in the event of proven external piracy.

In the event of theft or fraudulent use of their bank card, Customers must immediately inform their bank and take all necessary measures to ensure the security of their means of payment.

5.2. Modification of the Account

Customers can access their Account and modify certain personal information via the Website or the Application, within the limits of the functionalities available on each medium.

• From the Site, Customers can change their surname, first name and date of birth.
• From the Mobile Application, Customers can change their surname, first name, e-mail address, telephone number, date of birth and communication preferences (including marketing preferences).
• In the specific case of changing the connection e-mail address, the Customer must expressly request the Company to do so.

5.3. Deletion of the Account

Customers may request the deletion of their Account at any time using the mobile Application or on the Website.

Deletion of the Account will result in the permanent deactivation of access to personalised services, Order history, any loyalty benefits and saved preferences. However, it does not cancel any Orders in progress or any contractual obligations already entered into.

Certain data may be retained for legal, accounting or evidential purposes, for the periods stipulated by the regulations in force, in accordance with the Company's Confidentiality Policy.

ARTICLE 6 - RULES FOR USING THE SITE AND THE APPLICATION

6.1. Uses in accordance with the law and the purpose of the service

The Website and the Application are made available to the User for the sole purpose of enabling the User to consult the BLACKANDWHITE BURGER offer, to locate the Points of Sale, to create an Account, to place Orders for Products, and to access certain customer benefits.

The Customer or User undertakes to :

• use the services solely for personal purposes and in accordance with the purpose of the Site and the Application;
• provide accurate information when creating or updating their Account;
• comply with these GTCU and all applicable laws and regulations.

6.2 Prohibitions

It is strictly forbidden for any User to :

• use a false identity or the contact details of a third party without authorisation;
• misuse the Site or the Application for purposes other than ordering Products;
• undermine the security, integrity or proper functioning of the services, such as an intrusion attempt, the distribution of a virus, a traffic overload or a vulnerability scan;
• access or attempt to access data or reserved areas without authorisation;
• reproduce, copy, extract or exploit all or part of the content of the Site or the Application without the prior written authorisation of the Company, including in particular the source codes or data, which remain the property of the Company and/or the publisher;
• placing Orders for fraudulent purposes or by automated means ;
• circumvent or manipulate functionalities for profit or abuse, such as the creation of multiple accounts.

Any abusive, fraudulent or non-compliant behaviour may result in the suspension or deletion of the Account, without prejudice to civil or criminal proceedings.

The Company also reserves the right to restrict access to the Site or the Application in the event of illicit or improper use.

ARTICLE 7 - PRODUCT INFORMATION

7.1. Conformity of the Products

The Products offered for sale are those presented on the Site and the Application, under the BLACKANDWHITE BURGER brand, and indicated as available for order from a Sales Point. These offers are subject to availability at the time of the Order and may vary depending on the Sales Point selected by the Customer.

The Company reserves the right to modify, add to or delete Products at any time, without prior notice, and without prejudice to Orders already validated by the Customer.

In accordance with Articles L.217-3 to L.217-20 of the French Consumer Code, the Seller is obliged to deliver a Product that complies with the description in the Order and is free from any defects in conformity at the time of delivery.

The Products are described and presented on the Site and the Application with the utmost sincerity, so as to enable the Customer to place an Order with full knowledge of the facts. The descriptions include in particular the main ingredients, the origin of the Products, allergens, trade names and the formats offered.

However, the visuals, photos, illustrations, settings or suggestions for presentation appearing on the Site and the Application are strictly illustrative and non-contractual. They are provided for information purposes only and may differ slightly from reality.

Consequently, the Company and the Seller cannot guarantee perfect similarity between the Products delivered or handed over and their digital representation. The Company or the Seller may not be held liable in the event of minor variations that do not affect the quality, essential composition or expected characteristics of the Products.

The Products are deemed to comply with the regulations in force on the date of the Order, particularly in terms of food safety, labelling and hygiene. In the event of proven non-compliance, the Customer is invited to contact the relevant Sales Outlet immediately.

The Customer has a period of two (2) years from the date of delivery of the Product to take action under this warranty, provided that he can prove the existence of the defect at the time of delivery.

7.2. Warranty for hidden defects

In accordance with articles 1641 to 1649 of the French Civil Code, the Customer may also benefit from the guarantee against hidden defects if a non-apparent defect renders the Product unfit for consumption or reduces its use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, had he or she been aware of the defect.

This action must be brought within two (2) years of discovery of the defect.

7.3. Allergens and preservation of Products

Before placing any Order, it is the Customer's responsibility to check the composition of the Products, particularly in the event of food allergy or intolerance.

Information relating to allergens is mentioned under each Product in the order space on the Site and the Application. The Customer is expressly invited to consult this information carefully before validating any Product.

A summary list of allergens present in the Products is also published on the Site, in the dedicated section, accessible at all times.

In the event of doubt, the Customer must contact the Sales Outlet concerned directly to obtain additional information. Neither the Company nor the Seller may be held responsible for the consequences of an allergy or intolerance that has not been reported or for negligence on the part of the Customer in checking the information available.

Once the Products have been collected or delivered, the Customer undertakes to ensure that they are properly stored in appropriate conditions (refrigeration at +4°C maximum) and to consume them promptly, within a maximum of three (3) days of delivery and/or according to the date indicated on the Product, where applicable.

We strongly advise against freezing Products, due to their nature, their freshness and/or the fact that some Products may have been frozen prior to sale.

The Customer is solely responsible for any deterioration or alteration of the Product resulting from improper storage or exceeding the consumption period.

7.4. Product prices

The Products are supplied at the prices in force at the time the Order is placed, as indicated in the space dedicated to the order on the Site or the Application.

Prices are expressed in euros (€) and displayed inclusive of all taxes (TTC), including the VAT applicable on the day of the Order. Any additional costs (delivery, packaging or processing costs) are clearly indicated before the final confirmation of the Order by the Customer.

The prices are not visible from the general map of Products which can be consulted freely on the Site or the Application. They are accessible in the "Order" section, after selecting a Point of Sale.

Any validation of an Order implies acceptance of the total price displayed and an obligation to pay, including any ancillary costs.

ARTICLE 8 - ORDERING PROCESS

8.1. Registration of the Order

Products can be ordered by one of two methods, at the Customer's choice, subject to availability at the selected Point of Sale:

• Click & Collect: collection of the Order directly from the Point of Sale, during the opening hours displayed.
• Delivery: delivery of the Products to the address indicated by the Customer, in the delivery areas served.

The service chosen and the time slots available are proposed to the Customer when the Order is placed.

Customers can place Orders without having to create or use an Account, via a temporary "guest" account.

In this case, at the time the Order is placed, the Customer must provide the information required to process the Order, depending on the method of collection chosen:

• For takeaway orders (Click&Collect): surname, first name, e-mail address, telephone number and payment details;
• For a delivery order: surname, first name, e-mail address, telephone number and payment details, as well as the full postal address for delivery.

This data is essential to ensure that the Order runs smoothly, that it is followed up and, where applicable, that contact is made with the Customer. It is collected and processed in accordance with the applicable Privacy Policy.

To place an Order for Products to take away (Click&Collect) on the Web Site or the Application, Customers must choose a Sales Outlet from among those proposed, 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.

Despite the efforts made to ensure the accuracy of the offer displayed on the Site and the Application, it remains possible that a Product ordered and paid for by the Customer may be unavailable, in particular in the event of a stock shortage at the Point of Sale concerned.

In this case, the Sales Outlet concerned will contact the Customer as soon as possible to offer a suitable solution:

• replacement of the unavailable Product with an equivalent Product or one of similar value, with the Customer's agreement,
• or the partial or total cancellation of the Order and the corresponding refund.

The Customer shall not be entitled to claim any compensation for the unavailability of one or more Products after the Order has been placed.

8.2. Order confirmation and payment terms

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

Payment of the Product Order in accordance with the conditions set out above implies acceptance of the Seller's offer, and in particular of the prices and descriptions of the Products available for sale.

Orders are paid for using the payment methods offered on the Site or the Application, before final validation, exclusively via a secure payment system (Belorder Pay).

Available payment methods may include: bank card, mobile payment and dematerialised luncheon vouchers, subject to legal conditions and acceptance by the selected Point of Sale.

Details of the payment methods accepted are specified during the Order process. It is the Customer's responsibility to check the options available before validating each Point of Sale.

By paying for the Order, the Customer certifies that he/she is authorised to use the means of payment whose details have been provided for this purpose, and authorises the Seller to invoice the Order.

In the event that payment authorisation is refused or the Customer's validated Order is not paid for, the Vendor reserves the right to suspend processing of the Order until it has been paid for in full or to cancel said Order.

If the identification and verification of the payment method used fails, the Order in question will be cancelled.

Payment is collected in full at the time the Order is placed. An invoice is systematically sent to the Customer by e-mail once payment has been made, and the Customer has access to his/her order history via his/her Account.

The Vendor shall archive Purchase Orders and 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 the communications, Orders, payments and transactions that have taken place.

8.3. Changing the Order

Until the Order has been paid for, Customers may freely modify, add or remove Products, or cancel their Order simply by deleting the items in their basket.

Once the Order has been validated and payment has been made, it shall be considered firm and binding on the Customer. No additions, withdrawals, modifications or cancellations may be made directly by the Customer via the Site or the Application.

Any request for modification after payment must be made directly to the Sales Outlet concerned, which has sole discretion as to whether or not to respond, depending on the state of preparation of the Order.

The precise procedures for managing post-payment changes may be specified by the Company or the Points of Sale as the service evolves.

8.4. Delivery

The Products are delivered by the Points of Sale and/or online delivery service providers/platforms, under the BLACKANDWHITE BURGER banner, to the address indicated by the Customer at the time of the Order. The Customer is responsible for the information provided, in the event of an error the Company shall not be held liable and the Customer's commitment shall remain valid.

The Order may only be prepared and dispatched once the payment has been validated by the secure payment organisation used by the Company.

Any Order for delivery made via the Application or the Web Site shall entail the application of delivery charges, the amount of which shall be indicated to the Customer before the Order is validated.

These costs are payable in full and may not be reimbursed, except in the event of an error attributable to the Point of Sale or failure to carry out the delivery in accordance with the conditions laid down.

Deliveries are available in mainland France and Belgium, provided that the address entered is within the delivery area covered by the selected Point of Sale.

The delivery times indicated at the time of Ordering are indicative. The Seller shall make every effort to meet them as far as possible, without providing any absolute guarantee, particularly in the event of exceptional conditions, such as traffic, weather or large numbers of customers.

Delivery shall be deemed to have taken place as soon as the Products have been handed over to the Customer, or to any person present at the address indicated when the Order was placed. If the Customer is absent, or if the address provided is inaccurate, incomplete or inaccessible, the Order may be cancelled without refund, due to the perishable nature of the Products.

8.5. Withdrawal of the Order

The Customer undertakes to go to the selected Sales Outlet on the date and at the time indicated when placing the Order, provided that he/she has his/her Order number, which is automatically sent to him/her by e-mail following payment, and which can be accessed via his/her Customer Account.

Due to the fresh and perishable nature of the Products, any delay of more than twenty (20) minutes after the Customer's scheduled collection time, or any failure to collect the Products, shall result in the destruction of the Order by the Seller, without the Customer being entitled to claim any reimbursement, exchange or compensation whatsoever, and without the Seller being held liable.

The Customer undertakes to comply with the agreed collection time, which is a prerequisite for preserving the quality of the Products and the proper execution of the Order.

It is the Customer's responsibility to ensure that the order is in conformity at the time of collection. Once the order has been collected, no claim of non-conformity will be accepted.

Collection shall be deemed to have taken place as soon as the Products have been handed over to the Customer, or to any person presenting themselves at the Sales Point with the Order number communicated at the time of validation.

ARTICLE 9 - TRANSFER OF OWNERSHIP AND RISKS

Ownership of the Products is transferred to the Customer only after final validation of payment.

The transfer of risks (loss, theft, deterioration) takes place when the Products are physically handed over to the Customer, either when they are collected from a Point of Sale or when they are delivered by a delivery person from the Uber Direct platform, acting on behalf of the Company.

Until this delivery, the Products remain the responsibility of the Sales Outlet concerned.

ARTICLE 10 - RIGHT OF WITHDRAWAL

In accordance with the provisions of article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of the following Products:

• (i) Products made at the Customer's request or clearly personalised;
• (ii) fresh and perishable foodstuffs, in particular burgers, chips, hot side dishes, fresh desserts, sauces, etc. ;
• (iii) Products unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

Consequently, all Orders for Products prepared on request are firm and final once payment has been made, and may not be subject to any right of withdrawal.

However, the right of withdrawal may apply to non-perishable, packaged and unopened Products under the following conditions:

• The Customer has a period of fourteen (14) days from receipt of the Product to inform the Seller of his decision to withdraw, without having to justify his decision or pay any penalty.
• The right of withdrawal may be exercised by contacting directly the Sales Outlet where the Order was placed, by any written means that enables proof to be kept. An acknowledgement of receipt of the withdrawal request shall be sent to the Customer by the Sales Outlet by e-mail.
• In their request, Customers must indicate the date of the Order, the Order number, their name, their postal address and their e-mail address, so that their complaint can be processed rapidly.
• The Customer must return the Products concerned in their original condition, unopened and undamaged, in their original packaging, accompanied by the invoice, within a maximum period of fourteen (14) days after communicating his/her decision.
• Return costs shall be borne by the Customer. No returns to a Point of Sale will be accepted by hand unless expressly indicated by the Seller.

Subject to compliance with the above conditions, the Seller will refund the price of the Products, excluding delivery costs and costs other than those linked to the price of the Product, within fourteen (14) days of receipt of the Products.

ARTICLE 11 - LIABILITY

The Company's involvement is strictly limited to making the intermediation service available to Users and Clients.

In this respect, the Company 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 Site, within the limits set out in these GCU.

The Company may not be held liable for any of the following:

• as part of the preparation and supply of Orders by the Seller ;
• in the event of disputes arising between the Customer and the Vendor and/or between the Customer, the Vendor and any other service provider;
• 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 case law;
• 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.

For Users not acting as consumers, the Company's liability for use of the Site and the Application shall be limited to five hundred euros (€500).

ARTICLE 12 - INTELLECTUAL PROPERTY

Nothing herein nor the provision of the Site and the Application shall be construed as transferring any intellectual property rights of the Company and BELORDER to any person or entity, including (but not limited to) the Customer.

All technologies, information, data, documents, know-how and/or formulas communicated by the Company to the Customer in connection with the provision of the Site and/or the Order, as well as all trademarks, logos, trade names and photographs appearing on the Site and the Application, shall remain the exclusive property of the Company.

Only a personal, non-exclusive, non-assignable and non-transferable right to use the Site is granted to the Customer.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Company's intellectual property without its prior written consent is strictly prohibited.

The fact that the Company does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of such use and waiver of legal action.

Any violation of the brand name and the integrity of the Products may justify civil or criminal proceedings.

ARTICLE 13 - PERSONAL DATA

As part of the use of the Site, the Application and the placing of Orders, personal data concerning the Customer may be collected and processed, in particular the Customer's surname, first name, e-mail address, telephone number, delivery address, marketing preferences and payment details.

This data is required to process Orders, to create an Account, to access the services offered, and to send commercial communications or information, subject to the Customer's consent where required.

The Company acts in its capacity as data controller, in compliance with the applicable regulations on the protection of personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 (RGPD) and the amended Loi Informatique et Libertés.

For more information on the use of your personal data, please consult our privacy policy on our website.

ARTICLE 14 - CONTACT AND COMPLAINTS

For any questions or difficulties relating to the use of the Site or the Application, or to the creation or management of their Account, Customers are invited to contact the dedicated support team at the following address: serviceclient@bnwburger.com

For any questions or requests for information relating to an Order for Products, the Customer is invited to contact directly the Sales Point where the Order was placed.

The contact details for each Point of Sale are available in the "Our Restaurants" section of the Site. They are also mentioned in the Order confirmation e-mail.

The Company shall not be able to respond to requests relating to the execution of Orders, which are the sole responsibility of the Seller.

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.

The Customer may also submit a complaint using the contact form available at the following address: https://bnwburger.com/service-client/.

ARTICLE 15 - MEDIATION

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 the following address 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. However, if the Customer wishes to request the services of the mediator, he/she must first send a complaint to the Company or 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 are free to bring proceedings before the competent court.

ARTICLE 16 - APPLICABLE LAW AND JURISDICTION

The relationship between the Company and the Customer, or the Vendor and the Customer, under these GCSU is governed by French law.

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

In the absence of an amicable solution, any legal action will be brought before the courts within the jurisdiction of the Paris Court of Appeal.