Part 1: Terms of Use for Websites and Chicken & Blues App

Welcome to Chicken & Blues website and/or mobile app. This page tells you the terms of use (the “Terms”) on which you may make use of our websites or any mobile app we make available via an app store, whether as a guest or a registered user. Please read these Terms carefully before you start to use our Websites or Chicken & Blues App (as defined below).

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Websites or Chicken & Blues App.

For information on how we store and use customer data please visit https://www.chickenandblues.com/privacy-policy for our privacy policy.

These Terms were last updated on 13 October 2020.

  1. Information about us

1.1 Winton Chicken Limited is a company registered in England and Wales under company number 11114899, with its registered office at 13 Freda Road, Christchurch, Dorset, England, BH23 1LY.

1.2 The Company operates the following websites in the UK:

  • chickenandblues.com (the “Chicken & Blues Website”),
  • delivery.chickenandblues.com (the “Delivery Website”), and
  • order.chickenandblues.com (the “Order Website”)

each a “Website” and together the “Websites”.

1.3 The Company also operates the Chicken & Blues mobile app (the “Chicken & Blues App”).

  1. Websites and Chicken & Blues App

2.1 The Websites and Chicken & Blues App are made available free of charge. We do not guarantee that the Websites and Chicken & Blues App, or any content on them, will always be available or be uninterrupted. Access to the Websites and Chicken & Blues App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Websites or Chicken & Blues App without notice. We will not be liable to you if for any reason the Websites or Chicken & Blues App are unavailable at any time or for any period. We may update the Websites and Chicken & Blues App and/or change the content on them at any time.

2.2 You are responsible for making all arrangements necessary for you to have access to the Websites and Chicken & Blues App. You are also responsible for ensuring that all persons who access the Websites and Chicken & Blues App through your internet connection are aware of these Terms and that they comply with them.

2.3 The Chicken & Blues App requires a smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the “Device”) and, to download the Chicken & Blues App and to access the latest features, you will need Internet access.

2.4 Please note that certain functions made available on the Websites and Chicken & Blues App are governed by additional terms and conditions set out at Part 1a below. In order to download the Chicken & Blues App you must also review and agree to the additional Chicken & Blues App terms set out below and any other terms and conditions imposed by the app store from which you have downloaded the Chicken & Blues App.

2.5 The Websites and Chicken & Blues App and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.

2.6 You may only use the Websites and Chicken & Blues App for your own domestic, private and non-commercial use.

  1. Your account and password

3.1 You will need to register an account with us in order to access certain services available on the Websites and Chicken & Blues App (“Account”). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. If you register an Account you will become a “Registered User”.

3.2 We use Single Sign On (“SSO”) for account management. This means that Registered Users can access all of our online services with one set of log in details.

3.3 You must be at least 14 years old to register an account, however if you are under the age of 18 years old you must ask for permission from your parent or legal guardian prior to registering an account. There are also certain additional age restrictions for use of certain services listed below:

3.3.1 You must be 18 or over to order online for delivery or collection (see our Online Ordering Terms & Conditions below);

3.3.2 You must be 18 or over to register a Gift Card (see our Gift Card Terms & Conditions below); and

3.3.3 You must be 16 or over to opt in to receive marketing communications.

3.4 To protect your Account, keep your password confidential and do not disclose it to any third party. You are responsible for the activity that happens on or through your Account. It is best practice not to reuse your Account password on third-party applications. If you know or suspect that anyone other than you know your Account login details, you must immediately notify us at hello@chickenandblues.com.

3.5 Our setting for SSO timeout is 14 days. This is set to protect your data should a hacker attempt to compromise it, therefore minimising that window.

3.6 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.7 You can delete your Account by contacting us at cluck@chickenandblues.com

  1. General Acceptance Use

4.1 You agree not to:

4.1.1 use the Websites or Chicken & Blues App in any way that breaches these Terms or any applicable local, national or international law or regulation;

4.1.2 copy, or otherwise reproduce or re-sell any part of the Websites or Chicken & Blues App unless expressly permitted to do so in these Terms; or

4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Websites or Chicken & Blues App or any equipment, network or software used in operating the Websites or Chicken & Blues App.

  1. User Generated Content

5.1 If it is the case that you supply/upload any content to the Websites or Chicken & Blues App – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content”) must comply with the following rules:

5.1.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

5.1.2 it must not harass or bully another person;

5.1.3 it must be true and honest so far as you know;

5.1.4 it must not be defamatory of anyone;

5.1.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example, you should not use images of well-known characters, footage or music (unless it is your own);

5.1.6 it must not contain someone else’s personal details or confidential information relating to other people; and

5.1.7 it must not promote or condone terrorism, violence or illegal behaviour.

5.2 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.

5.3 In addition, we may from time to time provide interactive services on the Websites or Chicken & Blues App that shall enable you to upload User Generated Content, including, without limitation:

5.3.1 comment facilities;

5.3.2 chat rooms; and/or

5.3.3 bulletin boards, (together “Interactive Services”).

5.4 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

5.5 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

  1. Viruses

6.1 We do not guarantee that the Websites or Chicken & Blues App 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 the Websites or Chicken & Blues App and we recommend that you use your own virus protection software.

6.2 You must not misuse the Websites or Chicken & Blues App 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 the Websites or Chicken & Blues App, the server on which the Websites or Chicken & Blues App are stored, or any server, computer or database connected to the Websites or Chicken & Blues App. You must not attack the Websites or Chicken & Blues App 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 the Websites or Chicken & Blues App will cease immediately.

  1. Intellectual property

7.1 We are the owner or licensee of all intellectual property rights in the Websites and their content, the Chicken & Blues App and its content, the Chicken & Blues name and mark and Chicken & Blues product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

7.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Websites or Chicken & Blues App (or any part of them or their content) for commercial purposes; however, you may download material from the Websites and Chicken & Blues App solely for non-commercial, personal use by you.

7.3 No part of the Websites or Chicken & Blues App, including, without limitation, the text, designs, graphics, photographs and images contained in them, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

7.4 Any communications or materials you send to us through the Websites or Chicken & Blues App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Websites or Chicken & Blues App to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products. You grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our services and products for any purpose including in relation to the promotion of our services and products.

7.5 We grant to you a non-transferable, non-exclusive, revocable licence to use the Chicken & Blues App on the Devices provided that you comply with these Terms and the documents referred to in it. We reserve all other rights.

  1. Our liability

8.1 Nothing in these Terms excludes or limits our liability for:

8.1.1 death or personal injury caused by our negligence;

8.1.2 fraud or fraudulent misrepresentation; and

8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

8.2 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website and/or Chicken & Blues App.

8.3 We only supply the Websites and Chicken & Blues App for domestic and private use. You agree not to use the Websites or Chicken & Blues App, or any content on the Websites or Chicken & Blues App, 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.

8.4 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

8.5 We assume no responsibility for the content of websites linked to from the Websites or Chicken & Blues App or included in these Terms (including links to any commercial sponsors or partners). 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.

  1. Suspension and termination

9.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

9.1.1 issue a warning to you;

9.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Websites or Chicken & Blues App;

9.1.3 temporarily or permanently withdraw your right to use the Websites and/or Chicken & Blues App;

9.1.4 suspend or terminate your Account;

9.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

9.1.6 take further legal action against you; and/or

9.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

  1. Changes to these Terms

10.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Websites or Chicken & Blues App. If you are a Registered User, we will provide you with at least thirty days advance notice of any such changes, unless such changes are required on shorter notice to comply with applicable law. If you do not wish to continue using the Websites and/or the Chicken & Blues App following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Account.

  1. Other important information

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

11.2 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, 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.

  1. Governing law and jurisdiction

12.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Websites and Chicken & Blues App, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law. However, as a consumer, if you are resident in the European Union and we direct the Website or Chicken & Blues App to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including this clause 12.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

12.2 If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

12.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

  1. Contacting us

13.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the following details:

13.1.1 Address: Chicken & Blues Customer Experience, www.chickenandblues.com/experience

13.1.2 Telephone number: www.chickenandblues.com/experience

13.1.3 Email address: cluck@chickenandblues.com

Part 1a: Additional Chicken & Blues App Terms

1.1 The following terms and conditions shall apply to your use of the Chicken & Blues App in addition to those set out in Part 1.

1.2 For the purpose of these terms, “Appstore Provider” means the provider of the app store through which you have downloaded the Chicken & Blues App (for example, Apple is the Appstore Provider if you have downloaded the Chicken & Blues App from the Apple App Store, Google is the Appstore Provider if you have downloaded the Chicken & Blues App from Google Play, etc).

1.3 You acknowledge and agree that the Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the Chicken & Blues App and its content.

1.4 You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the Chicken & Blues App. Should you have any problems in using the Chicken & Blues App, please contact us at cluck@chickenandblues.com.

1.5 In the event that the Chicken & Blues App does not conform with any product warranty provided for by the Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the Chicken & Blues App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the Chicken & Blues App.

1.6 You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the Chicken & Blues App, including (without limitation): product liability claims; any claim that the Chicken & Blues App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

1.7 In the event that a third party claims that the Chicken & Blues App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.

1.8 You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.9 If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to the Terms. Upon your acceptance of the Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary.

Part 2: Online Ordering Terms and Conditions

This page tells you the terms of use (the “Terms”) on which you may order the products (each an “Order”) available on the Order Website (“Products”).

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Websites or Chicken & Blues App.

These Terms were last updated on 13 October 2020.

  1. Information about us

1.1 Winton Chicken Limited is a company registered in England and Wales under company number 11114899, with its registered office at 13 Freda Road, Christchurch, Dorset, England, BH23 1LY

1.2 The Company operates the following websites in the UK:

  • chickenandblues.com (the “Chicken & Blues Website”),
  • delivery.chickenandblues.com (the “Delivery Website”), and
  • order.chickenandblues.com (the “Order Website”)

each a “Website” and together the “Websites”.

1.3 The Company also operates the Chicken & Blues App (the “Chicken & Blues App”).

  1. Ordering Products

2.1 You may order Products online directly from us via the Order Website if you wish to collect your Products in-restaurant (“Collection Orders”) or for home delivery by us (“Delivery Orders”) depending on which restaurant you choose.

2.2 You may also order Products by phone for collection in-restaurant. In this case, please call the relevant restaurant telephone number available on the Chicken & Blues Website and follow the instructions of the operator. You will be required to pay for such order when you collect your Products from the relevant restaurant.

2.3 You must be at least 18 years old to place an order online or via the telephone.

2.4 In order to place an Order for delivery on the Order Website or Chicken & Blues App, you will need to log-in using your Google or Facebook social media account (“Account”). This is the only way to place an Order for delivery on the Order Website or Chicken & Blues App at this time. If you don’t have a Google or Facebook account, you can still place an Order for collection on the Order Website or Chicken & Blues App or by phone (further details are available in clauses 2.1 and 2.2 above). Chicken & Blues delivery service is brought to you by deliveroo, meaning that Deliveroo provides us with technical assistance in relation to the Order Website and Chicken & Blues App and the delivery services. We act as agent in relation to the delivery services provided by Deliveroo. In order for your Order to be delivered to you, a Deliveroo account will need to be created for you (if you don’t have one already associated with your Google or Facebook social sign-on). You will have been presented with a link to the T&Cs applicable to your Deliveroo account, and a link to Deliveroo’s Privacy Notice, on the log-in page of the Order Website or Chicken & Blues App. For further details please see the terms on Deliveroo’s website – https://deliveroo.co.uk/legal and https://deliveroo.co.uk/privacy.

2.5 To submit a Collection Order or a Delivery Order via the Order Website or Chicken & Blues App you must first sign-in to your Account and then follow the procedure set out on the Order Website or Chicken & Blues App to submit your Order. You should check all the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately and you may not be able to correct any errors.

2.6 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order (the “Confirmation Email”). These Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate these Terms and shall be a new and separate contract between you and us. The contract shall be in the English language. We will not file a copy of the contract.

  1. Collection

3.1 Your collection time will be set out during the Order process.

3.2 If you do not collect your Order within thirty (30) minutes of your collection time, your Products will be disposed of and you will not receive a refund.

  1. Delivery

4.1 When you submit a Delivery Order, we act as an agent on behalf of Deliveroo in respect of the delivery services Deliveroo provide in delivering the Products to you.

4.2 Please note that all delivery times are estimates and the actual delivery time may vary from this estimate. You should also be aware that if you request and we agree to change your delivery address following submission of an Order this may lead to a significant delay in your delivery time.

4.3 If, during delivery of an Order, you or your authorised representative as specified in your Order (as appropriate) fail to take delivery of the Products within five (5) minutes of our delivery driver’s arrival (other than due to our material breach of these Terms):

4.3.1 the delivery shall be aborted; and

4.3.2 you will not receive a refund for your Order.

4.4 You shall be responsible for:

4.4.1 ensuring that the delivery driver has such access and parking facilities as may be reasonably required to carry out the Order;

4.4.2 ensuring that either you or your authorised representative (as specified in the Order) are present to take delivery of the Products at the delivery place specified in your Order; and

4.4.3 providing us with your up-to-date contact details in your Account and/or Order.

  1. Payment

5.1 The prices for the Products and (if applicable) for delivery and service are set out on the Order Website and Chicken & Blues App and are inclusive of VAT. Please note that if your Delivery Order is below a minimum value then an additional charge, as set out on the Order Website or Chicken & Blues App during the ordering process, may also apply.

5.2 In relation to Delivery Orders, delivery and service charges are set by Deliveroo but are paid directly to us acting as agent on behalf of Deliveroo.

5.3 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

5.4 If your payment is not authorised, your Order will not be sent through to the restaurant or fulfilled.

  1. Cancellation and refunds

6.1 Please note that you do not have a right to cancel any contract for Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.

6.2 You may request that your Order is cancelled or changed after it has been submitted, but this will only be possible before the applicable restaurant has received the Order. This can be done by contacting the Customer Experience Team (see below for details). No refund will be permissible if the attempt to cancel is made after the restaurant has received the Order.

6.3 If you cancel or change your Order, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting our Customer Experience Team (see below for details). We will process refunds within ten (10) working days.

  1. Other refunds

7.1 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms, please contact our Customer Experience Team to discuss a replacement or refund.

7.2 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery and service charges. You may obtain a refund by contacting our Customer Experience Team (see below for details).

  1. Products

8.1 We endeavour to provide information on any allergens that the Products may contain on the Chicken & Blues Website, but please note that:

8.1.1 because all Products are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Products will not contain any allergens;

8.1.2 the kitchen is a busy working environment and there is a risk of cross-contact between ingredients;

8.1.3 for Collection Orders and for Delivery Orders, customers with special dietary requirements should contact the relevant restaurant (using the telephone number listed on the Chicken & Blues Website) before they place their order to allow staff to take all reasonable precautions to avoid cross contact; and

8.1.4 please consult our menu terms and conditions (Part 3 below) for further information regarding allergens in the Products.

8.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.

  1. Our liability

9.1 Nothing in these Terms excludes or limits our liability for:

9.1.1 death or personal injury caused by our negligence;

9.1.2 fraud or fraudulent misrepresentation; and

9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

9.2 Subject to clauses 9.1 and 9.3 our maximum liability to you, in respect of any particular Order, will be limited to the value of that Order (which includes any delivery and service charges) as set out in the relevant Confirmation Email.

9.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time of the conclusion of the contract for Products.

9.4 We only supply the Products for domestic and private use. You agree not to use the Products 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.

9.5 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

  1. Suspension and termination

10.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

10.1.1 issue a warning to you;

10.1.2 temporarily or permanently withdraw your right to use the Websites and/or Chicken & Blues App;

10.1.3 suspend or terminate your Account;

10.1.4 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

10.1.5 take further legal action against you; and/or

10.1.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

  1. Changes to these Terms

11.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order the Products.

  1. Other important information

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

12.2 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, 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.

  1. Governing law and jurisdiction

13.1 These Terms are governed by the laws of England and Wales. This means that your purchasing of Products and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law. However, as a consumer, if you are resident in the European Union and we direct the Websites or Chicken & Blues App to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including this clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law

13.2 If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

13.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

  1. Contacting us

14.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the following details:

14.1.1 Address: Chicken & Blues Customer Experience: www.chickenandblues.com/experience

14.1.2 Telephone number: www.chickenandblues.com/experience

14.1.3 Email address: cluck@chickenandblues.com

14.2 If you need to contact us in relation to a Collection or Delivery Order, please use the contact details for the applicable participating Chicken & Blues restaurant.

Part 3: Menu Terms & Conditions

These Terms were last updated on 13 October 2020.

General

1.1 We serve most of the allergens listed in clause 1.8 in at least one product on our menu, so there may be a risk of cross contact.

1.2 If you have special dietary requirements you must state your requirements at the time you place an order to allow our staff to take all reasonable precautions to avoid cross contact.

1.3 The allergy information is accurate on the day it is consulted online but may change at any future time. If you have any special dietary requirements or allergies you must check the Food Allergy & Nutritional Information book (available in all Chicken & Blues restaurants from the manager) each time you visit Chicken & Blues or place an order online before placing your order, just in case any of our ingredients have changed.

1.4 The information concerns only intended ingredients of menu items and does not include any customisation to a menu item (e.g. adding cheese to a burger). Any customisation must be checked in the Food Allergy & Nutritional Information book before placing any orders.

1.5 Each menu item has a list of ingredients. This is the fullest information we have from our suppliers and is consistent with UK labelling laws. Please be aware that certain ingredients, especially those with small quantities in the recipe, do not have to be fully broken down (e.g. “spices”).

1.6 Please note that Chicken & Blues are not vegetarian restaurants, however we do take specific steps to segregate our non-meat products from our meat products as follows:

1.6.1 a segregated area of the grill is defined for the exclusive cooking of non-meat products;

1.6.2 separate utensils are always used with non-meat products; and

1.6.3 separate bottles of the Chicken & Blues bastes are used exclusively for basting the non-meat products.

1.7 The manager on duty will be best placed to answer any questions about our kitchen practices to allow customers with special dietary requirements to make an informed choice about eating in the restaurant or ordering products online.

1.8 The Food Allergy & Nutritional Information book, available in all Chicken & Blues restaurants from the manager, also offers more detailed dietary information for the following requirements

1.8.1 Nuts & derivatives

1.8.2 Peanuts & derivatives

1.8.3 Fish & derivatives

1.8.4 Egg & derivatives

1.8.5 Crustaceans

1.8.6 Molluscs

1.8.7 Milk & derivatives

1.8.8 Soya & derivatives

1.8.9 Celery

1.8.10 Mustard

1.8.11 Lupin

1.8.12 Sesame seeds

1.8.13 Cereals containing gluten

1.8.14 Sulphur dioxide (> 10 mg/kg)

1.8.15 Monosodium glutamate

1.8.16 Irradiated foodstuff

1.8.17 GM matter

1.9 You will always know when a manager has taken responsibility for minimising cross contact because the words ‘allergy order’ will appear on your till receipt, and your plate will have an ‘allergy’ flag on it when it is brought to you.

1.10 We understand that no matter how comprehensive the data, we cannot answer every question you may have about our food. If you have any specific questions, please contact us at:

Address: Chicken & Blues Customer Experience: www.chickenandblues.com/experience

Telephone number: www.chickenandblues.com/experience

Email address: cluck@chickenandblues.com