Gift Card and eGift Card Terms and Conditions

Defined terms shall have the meanings set out in paragraph 1 below or as defined elsewhere in these Terms, our website Terms and Conditions, our Privacy Policy or our Legal terms and conditions. By using the Website and/or purchasing, using or accepting a Gift Card and/or eGift Card you unconditionally accept and agree to be bound by the Terms, together with our website Terms and Conditions, Privacy Policy, and our Legal terms and conditions, each of which are incorporated into these Terms. Please read each of them carefully before using the Website and/or before purchasing, using or accepting a Gift Card and/or eGift Card. You should not use the Website nor purchase, use or accept a Gift Card and/or eGift Card if you do not accept them.

1. Definitions

“eGift Card” means a digital gift card

“Event Outside Our Control” means any act, event, omission, accident or anything else beyond our reasonable control.

“FG“, “we“, “us” or “our” means Five Guys JV Limited, a company private limited company registered in England and Wales with company number 8185191 and whose registered office is at Unit 2-3 1 Bard Road, London, England, W10 6TP

“Gift Card” means a physical gift card

“Restaurant” means any Five Guys branded restaurant in the United Kingdom, excluding Northern Ireland

“Terms” means these terms and conditions

“you“, “your” means any person who has purchased the Gift Card or eGift Card from us in Restaurant or online.

“Website” means https://fiveguysjv.eu.myguestaccount.com

2. Your status

a) You may only purchase a Gift Card or eGift Card from us if:
i.you are legally capable of entering into a binding contract with us, which in England and Wales means you must be at least 18 years old; and
ii. you are an authorised user of any credit or debit card or other payment account used to pay for your Gift Card or eGift Card.

3. Purchase and Delivery

a) Gift Cards can be purchased in person from participating Restaurants using cash and/ or any major credit or debit cards, Apple Pay or Google Pay and payment will be taken by the participating Restaurant or by a third party used by that Restaurant to process the payment.

b)eGift Cards can be purchased online from the Website using any major credit or debit cards by adding the eGift Card(s) to your basket and checking out. Only once payment to us for the full value of your eGift Card(s) has cleared, will your order be processed and you shall receive a confirmation email with respect to your order and the eGift Card shall be emailed to you or your chosen recipient of the eGift Card at the email address provided by you on your order, on the date of your order or on such later date as may be nominated by you at checkout (being no later than 60 days from the date of purchase), and such email shall contain a digital copy of the eGift Card, including a QR code, eGift Card number and pin number. If you purchase an eGift Card as a gift for someone other than yourself, you shall have the option at check out to add a message to be included in the email.

c) You take full responsibility for entering the correct details within your order for any eGift Card, including but not limited to any email address. FG shall not be responsible for any loss, including any loss of profit, costs, damages, charges, other expenses, consequential losses and/or non-financial losses, in each case incurred either directly or indirectly:
i. by any failure to meet a requested delivery date for an eGift Card;
ii. from any eGift Card being delivered to an incorrect email address due to errors made by you within your order; or
iii. from being unable to deliver any eGift Card due to the recipient’s spam filters, firewalls, mailbox capacity pr any other factors outside of our control.

d) Payment for any Gift Card or eGift Card shall be taken at the time of purchase.

e) All Gift Cards and eGift Cards will be purchased in Sterling with a minimum value of £1 and a maximum value of £250.

f) All Gift Cards and eGift Cards shall be treated as cash and are not cheque guarantee, credit, charge cards, e-money or regulated payment instruments. Each Gift Card or eGift Card shall have no value itself and shall only have value to the extent of the balance (if any) on the Gift Card or eGift Card.

g. All Gift Cards and eGift Cards shall be activated once full payment to us has cleared at the time of purchase and once delivered to you (or your intended recipient) the Gift Card or eGift Card shall thereafter be ready for use in participating Restaurants.

h. Risk with respect to the Gift Card or eGift Card purchased by you will pass upon delivery and title will pass to you upon receipt of payment by us in full. Delivery or attempted delivery of your eGift Card to the email address provide by you in your order shall constitute delivery to you. FG shall have no liability to you for lost, stolen, damaged or destroyed Gift Cards once risk has passed to you.

i. If you nominate another person to receive or use your Gift Card or eGift Card, you are authorising that person to use your Gift Card or eGift Card and any balance on it.

j. Any credit card data and personal information collected, managed and processed shall solely be used to authorise payment and shall not be held by FG. Any data collected will be processed in accordance with the Data Protection Act 2018.

k. Where a credit or debit card has been used to purchase a Gift Card or an eGift Card, the transaction shall show up on your statement as “Five Guys Jv”.

l. Any images on our website of Gift Cards and eGift Cards and in any of our other advertising materials are purely for illustrative purposes and your Gift Card or eGift Card may vary in appearance from such images.

4. Using and reloading your Gift Card or eGift Card

a) A Gift Card or eGift Card with value on it can only be used in participating Restaurants by presenting the Gift Card, or in the case of an eGift Card, presenting the individual QR code, eGift Card number and pin number, at the till at the time of payment for your FG menu item(s) and can only be used towards the purchase of FG menu item(s) which are available at the time of your order.

b) A Gift Card or an eGift Card with value on it can only be used in participating Restaurants towards full or part payment of any FG menu item(s) which are available at the time of your order and you can split payment between your Gift Card or eGift Card and another payment method, even if you have sufficient value on your Gift Card or eGift Card to cover your total order cost.

c) If the entire amount of your Gift Card or eGift Card has not been spent on an order, the remaining balance will be updated after each use and shall remain on your Gift Card or eGift Card until expiry.

d) You can check the balance on your Gift Card or eGift Card by presenting it at the till in participating Restaurants.

e) You can reload your Gift Card and/ or eGift Card by presenting it at the till in participating Restaurants and paying to increase the value on the Gift Card and/ or eGift Card up to a maximum of £250.

5. Expiry

Your Gift Card or eGift Card will be valid from the time it is activated (being the time of purchase of the relevant Gift Card or eGift Card) until the date falling 24 months from the last use of your Gift Card or eGift Card. Upon expiry, any balance remaining on a Gift Card or eGift Card will be reduced to nil and forfeited such that the Gift Card or eGift Card will no longer have any value capable of being used or redeemed in any participating Restaurants.

6. Cancellation, Returns and Refunds

a) No Gift Card or eGift Card once purchased using any payment method can be cancelled, returned or refunded, in whole or in part, once purchased except in accordance with your statutory legal rights or as set out below in this paragraph 6.

b) You have the right to cancel your eGift Card within 14 days of your order being placed at your nominated email address provided that you give FG formal written notice of your intention to cancel by contacting our customer services team using the ‘Customer Feedback’ option at the following link https://fiveguys.co.uk/contact/, and provided that you have not used any of the funds on your eGift Card. If you decide to exercise your cancellation right, FG will refund the amount of your eGift Card to the original payment method used to purchase the eGift Card within 30 days of our customer services team receiving your written notice of cancellation. Your eGift Card will be cancelled and will no longer be capable of being used or redeemed in any participating Restaurants

c) Gift Cards and/ or eGift Cards cannot be resold, exchanged for cash or transferred for any value by you or by anyone else other than for purchasing menu item(s) at participating Restaurants. No cash change shall be given on any purchases made using a Gift Card or eGift Card.

d)You can request to convert an eGift Card into a Gift Card by presenting your eGift Card QR code, eGift Card number and pin number at the till in participating Restaurants. You shall be given a Gift Card with the same value on it as the eGift Card you are replacing, and your eGift Card shall immediately be cancelled and will no longer be capable of being used or redeemed in any participating Restaurants.

7. Corrupted, deleted, lost, stolen, destroyed, damaged or used Gift Cards or eGift Cards

a) If a Gift Card or eGift Card is corrupted, deleted, lost, stolen, destroyed or damaged or used without permission, FG shall not be responsible. FG reserves the right to refuse to accept a Gift Card or eGift Card which we deem to have been duplicated, tampered with, damaged or otherwise suspect has been affected by fraud.

b) FG shall not replace a Gift Card or eGift Card if corrupted, deleted, lost, stolen, destroyed or damaged or if it is used without permission.

8. Limitation of Liability

a) Gift Cards and eGift Cards are provided “as is” and each of FG, our directors, officers, direct and indirect shareholders and our employees shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.

b) Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

c) FG’s aggregate liability to you for all claims which may be brought by you in connection with these Terms shall not exceed £100.

9. Events Outside Our Control

a) FG will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations pursuant to these Terms that are caused by an Event Outside Our Control.

b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

c) Where the Event Outside Our Control affects our delivery of eGift Cards to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel an order for eGift Cards affected by an Event Outside Our Control if there is a risk of substantial delay with respect to delivery. To cancel such order please contact our customer services team using the ‘Customer Feedback’ option at the following link https://fiveguys.co.uk/contact/ or contact us by post to Five Guys JV Limited, Units 2/3, 1 Bard Road London W01 6TP and explain that you wish to cancel your order pursuant to this paragraph 9(c) of these Terms. Provided your order has not already been placed at your nominated email address, your refund will be processed within 5 working days (excluding Sundays and Bank Holidays) of receipt by us of your notice to cancel.

10. Intellectual Property Rights

Any and all intellectual property rights in the Gift Cards and eGift Cards are owned by FG or our licensors and all such rights are reserved.

11. Termination

a) FG may terminate the Terms with you at any time for any reason and without notice but FG shall use reasonable endeavours to make any such notice available on the website Terms and Conditions page at https://fiveguys.co.uk/legal.

b) The provisions of paragraphs 1, 3(c), (f), (h) and (j), 5, 6(a) and (c), 7, 8, 9(a), 10 this paragraph 11 and paragraph 12 shall survive termination or expiry of these Terms.

12. General

a) We reserve the right to alter all or any part of the Terms at any time and you should review the Terms regularly. We shall use reasonable endeavours to notify you of any such changes on the website Terms and Conditions page at https://fiveguys.co.uk/legal. This is the latest version of these Terms, which were last updated on 16^th November 2021.

b) We reserve the right to terminate your order for any Gift Card or eGift Card if we believe you are in breach of these Terms or if we suspect fraudulent activity. We also reserve the right to refuse to take any order in a participating Restaurant if we believe you (or the person placing the order) have breached any of these Terms or if we suspect fraudulent activity.

c) We reserve the right to cancel any order for your Gift Card or eGift Card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 5 working days (excluding Sundays and Bank Holidays).

d) We may transfer our rights and obligations under these Terms to another party. We shall use reasonable endeavours to tell you in writing if this happens and we will ensure that any such transfer will not affect your rights under these Terms.

e) You shall not use the Website or any Gift Card or eGift Card except in accordance with these Terms and shall not use any of the same for any purpose which is either illegal or prohibited under these Terms.

f) Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

g) If we have to contact you, we will do so in writing (which for the purposes for these Terms may be via email) or telephone using the contact details you have provided to us in your order.

h) These Terms, along with our website Terms and Conditions, Privacy Policy and our Legal terms and conditions, constitute the entire agreement between you and FG with respect to the subject matter set out herein.

i) If there is any inconsistency between these Terms, our website Terms and Conditions, Privacy Policy and our Legal terms and conditions, then the following order of priority shall apply: (1) these Terms, (2) our website Terms and Conditions, (3) our Privacy policy and (4) our Legal terms and conditions.

j) If any provision of these Terms shall be held to be invalid or unenforceable then the validity and enforceability of the other provisions shall not be affected and they shall remain in full force and effect.

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

l) The agreement pursuant to these Terms is between you and us. A party who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

m) For any questions or enquiries you may have regarding these Terms or the use of your Gift Card or eGift Card please contact our customer services team using the ‘Customer Feedback’ option at the following link https://fiveguys.co.uk/contact/.

n) These Terms shall be governed and construed in accordance with English law and any disputes arising out of or in connection with their subject matter shall be subject to the exclusive jurisdiction of the English Courts.

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