Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

OFFERS

£6.99 Lunch Deal

  • Buy a Chosen Burger – Chosen Chicken or Chosen Edamame 
  • Choose a can of soft drink – availability may vary by store
  • Create your own is not available with this promotion
  • Choice of toppings vary from store to store, please ask your local store for further details.
  • Subject to availability.
  • Offer cannot be used in conjunction with any other offer.
  • Collection only until 4pm each day
  • In the event of out of stock items, we will do our best to offer you a like-for-like substitute.
  • Offer not available online
  • Offer only available at participating stores in the United Kingdom
  • Offer must be mentioned at the time of ordering and cannot be used retrospectively.
  • Offer only available between Monday 29th April 2019 and Sunday 1st September 2019 (inclusive) subject to local store opening hours.
  • Offer may be updated, amended or withdrawn at any time.

Chosen deal £11.95

  • Buy Any Burger from the menu
  • Choose a can of soft drink – availability may vary by store
  • Regular Chosen Chips
  • Create your own is not available with this promotion
  • Choice of toppings vary from store to store, please ask your local store for further details.
  • Subject to availability.
  • Offer cannot be used in conjunction with any other offer.
  • Valid for Collection & Delivery – minimum delivery fee applies
  • In the event of out of stock items, we will do our best to offer you a like-for-like substitute.
  • Available online & Instore
  • Offer only available at participating stores in the United Kingdom
  • Offer must be mentioned at the time of ordering and cannot be used retrospectively.
  • Offer only available between Monday 29th April 2019 and Sunday 1st September 2019 (inclusive) subject to local store opening hours.
  • Offer may be updated, amended or withdrawn at any time.

TERMS AND CONDITIONS OF SALE

These are the terms and conditions on which Chosen Bun supply products to you, whether in store or by phone, via our websites (chosenbun.co.uk) and via our mobile, tablet or other applications (our “Sites“).

Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.

By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.

If you have any questions relating to these terms and conditions please contact Chosen Bun using our Contact Form before you place an order.

Your use of our Sites, and any orders you place, is governed by our Terms of Use, Privacy Policy and our Cookie Policy. Please take the time to read these, as they include important terms which apply to you

SERVICE AVAILABILITY

Subject to minimum delivery spends, Stores offer a delivery service to certain prescribed areas of the UK, to ensure that our products are at their best when they reach your door. If you live outside a prescribed delivery area, you will not be able to have our products delivered to your door although you may collect any products you order from your chosen Store.

We do not accept orders from individuals to a country in which we do not have a Store.

For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels and they carry less than £10.

ORDERING

You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.

If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted by our store. Your contract with the store is only formed when you have been presented with this confirmation.

You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order. Please also ensure that, where you have placed an order for collection, you have ordered from the correct Store.

If you place an order in a Store, your contract will be formed when you receive your receipt of purchase.

In the unlikely scenario that you place an order on our Sites for collection from a store that is unable to fulfil your order, for example, if the store is closed, your order will be redirected to an alternative open local store. You should check your order confirmation email carefully before travelling to collect your order. Please contact us straight away if your order has been redirected to an alternative store and you wish to cancel your order.

Our stores provide a quality service. We accept no responsibility or liability for the quality or quantity of any products delivered by or collected from a store. All food preparation and deliveries are the sole responsibility of the store accepting your order.

PRODUCTS

All products are subject to availability. In most cases, our stores will offer an alternative for any out-of-stock item. Some stores do not sell all of our products.

We do not use nuts in our products, however, some ingredients are produced in factories that handle nuts and some ice creams contain nuts. For full ingredient lists, nutritional and allergen information see here.

Stores are busy working environments and there is a risk of cross-contamination between toppings. If you have an allergy we kindly ask that you do not order online. Instead, please telephone your chosen Store and inform your order-taker at the Store directly in full of your allergies.

We do have a number of options available for vegetarians which are indicated on our menus. We also have procedures in place for making burgers that are suitable for vegetarians however please note that we do not have a dedicated preparation or cooking area in our stores for vegetarian food. If you are a vegetarian please inform your order-taker who will do their best to ensure that any risk of cross-contamination with your order is minimised.

Great care is taken in the preparation of all our products, however, we cannot guarantee that all bones from meat products have been removed and some may remain. Olives may contain stones.

Cooked ham is formed from cured pork legs with added water. Ground beef, chicken breast strips and smoked bacon rashers contain added water.

Some products may have been previously frozen.

Our burgers are handmade to order. The images of our products contained on our menus and Sites are for illustrative purposes only. Although we try our hardest to be consistent, at times, the size of the burgers can vary and products you order may vary slightly from those images.

Coca-Cola, Coke & the Dynamic Ribbon Device are registered trademarks of The Coca-Cola Company. 

AVAILABILITY AND DELIVERY

We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors outside of our control such as the weather and traffic conditions may occasionally prevent us from achieving this.

Delivery isn’t easy – but we’ve had a lot of practice in getting it right. 

Our stores will do its best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.

If your order is for delivery and you have requested delivery ‘asap’, our store will do its best to fulfil your order within a reasonable time of your confirmation email, taking into account the volume of orders and circumstances facing the stores at the time. 

Delivery charges may apply, please ask in store for details.

CANCELLATION

You have the right to cancel an order by telephoning the relevant Store up until either:

  1. in the case of any advance order (which is/are order(s) placed more than one day before a requested delivery date), up to one day before the order is due to be delivered; or
  2. in the case of same day orders and deliveries, within a reasonable time prior to any food being used to start preparing your order.

If you wish to cancel an order after food has been used to start preparing it, you may, at the stores sole discretion, be charged the full price of the order and no refund will be due to you.

In the unfortunate circumstance that the stores needs to cancel your order after it has been accepted, the stores will notify you. We and our stores reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

You will not be charged for any orders we or our stores cancel. Any payment made prior to an order being cancelled by us or our stores will typically be reimbursed using the same method originally used by you to pay for your purchase.

PRICE AND PAYMENT

Prices are as quoted on our menus, Sites and in store and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT. Prices are set by each stores and will vary between Stores. Each stores will typically verify prices as part of the order process and its decision in relation to pricing is final and binding.

Payments, for orders placed via the Sites, are made directly to us and subsequently passed to the relevant stores. Payments, for orders placed in stores, are made directly to the stores.

OUR LIABILITY

If we and/or a store fail to comply with these terms, we and/or the store (as applicable) are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.

However, we and/or the stores (as applicable) are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you, us and the stores at the time of your purchase.

We and our stores only supply products for private and business use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We, and our stores, do not exclude or limit our liability for:

  1. death or personal injury caused by our, or our stores, negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any liability which cannot legally be limited or excluded.

WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

If you wish to contact us or a store at any time, you should contact us using our Contact Form or contact the manager  at your local Store.

EVENTS OUTSIDE OUR CONTROL

We and our stores will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of our store and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action; 
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government; or
  7. non-performance by suppliers or subcontractors.

WAIVER

If we or our stores fail to insist that you perform any of your obligations under these terms and conditions, or if we or our stores do not enforce our rights against you, or delay in doing so, that will not mean that we or our stores have waived our rights against you or that you do not have to comply with those obligations. If we or our stores waive a default by you, this will only be done in writing, and will not mean that we or our stores will automatically waive any later default by you.

SEVERABILITY

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

ASSIGNMENT

We or our stores may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our stores, whether oral or in writing.

VARIATION OF THESE TERMS AND CONDITIONS

We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

THIRD PARTY RIGHTS

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

LAW AND JURISDICTION

Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

FOOD HYGIENE RATING

The Food Hygiene Rating displayed against Chosen Bun stores is retrieved from Food Standards Agency live data via the Food Hygiene Rating API. Find out more here.

TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.smashburger.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use (together with the “Other Applicable Terms” set out or referred to below) and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. This Privacy Policy also explains how we use any data we collect from you otherwise than on our site such as in-store or by applications to Smashclub (our member’s club that ensures you are first in line to hear about promotions and the latest Smash gossip).
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

INFORMATION ABOUT US

www.chosenbun.com is a site operated by AL Ventures Limited (“We”) on behalf of itself and the members of its group including its wholly owned subsidiary S B Realty Limited. We are registered in England and Wales under company number 09123294 and have our registered office at The Courtyard, Chapel Lane, Bodicote, Banbury OX15 4DB.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Specifically, any products or promotions included on our site or in-store are subject to change from time to time and are also subject to availability.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our contact form on our “Talk to Us” page.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

Whilst we take great pride in preparing and serving quality food and products just as described in any menus, the content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

In particular, regarding our food, if you have any dietary requirements or food allergies please be aware that due to shared cooking & preparation areas we cannot guarantee that any menu item is allergen-free.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading content you are confirming you grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the paragraph below (headed “Rights you licence”).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not necessarily represent our views or values.

You are solely responsible for securing and backing up your content.

RIGHTS YOU LICENCE

When you upload or post content to our site, you grant the following licenses to us and to all third parties accessing and using our site: a worldwide, royalty free, non-exclusive, perpetual licence to use, store and copy that content and to distribute and make it available to third parties in whole or in part including (in the case of AL Ventures Limited and its group) in connection with promotion of our site and its related business activities;

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

Our site must not be framed on any other site but you may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact us using our contact form on our “Talk to Us” page.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

TRADE MARKS

“Smashburger”, “Smashclub”,”ordersmash”, “smashfries”, “smashchicken”, “classic smash”, “burger better” and “Smash” are trade marks of AL Ventures Limited and its licensors.

CONTACT US

To contact us, please use our contact form on our “Talk to Us” page.

Thank you for visiting our site.

June 2016 © AL Ventures Ltd