Terms and Conditions
Terms and Conditions for customers (hereinafter referred to as the customer) of FAT MONK deli bowls GmbH, FN 379961t, Karl-Popper-Straße 2b/Top 9, 6. floor, A-1100 Vienna (hereinafter briefly referred to as Fat Monk) including the online-"Pick-Up-Store".
1. Scope and changes
1.1. These Terms and Conditions apply to the entire range of services offered by Fat Monk, which includes in particular services in connection with the use of the online "Pick-Up-Store" as well as all orders and purchases made by the customer through the Pick-Up-Store.
1.2. Fat Monk reserves the right to change these Terms and Conditions at any time and without stating reasons.
1.3. 1.3. Customers may access the information to protect their personal data in accordance with Article 13 and Article 14 GDPR under: https://www.fatmonk.at/en/page/1000-privacypolicy
2. Conclusion of the contract
2.1. When ordering a meal or a drink in the Pick-Up-Store on the Fat Monk website, the customer, after selecting the desired product and entering the necessary data by clicking on the button "Confirm order payment" during the opening hours of the Fat Monk, but not less than 30 minutes before closing, the customer makes a binding offer to conclude a contract for the desired product, to which s/he remains bound to for two hours, or at most until the end of the opening hours. Before submitting the binding order, the customer has the possibility to check and correct all data entered by him/her.
2.2. If Fat Monk accepts the order, the customer will receive an order confirmation by e-mail. This order confirmation provides a binding contract between the customers and Fat Monk for the provision of the products purchased in the Pick-Up-Store. Fat Monk reserves the right not to accept orders without specifying them.
3. Ordering and picking up food
3.1. 3.1. Food and beverages ordered through the Pick-Up-Store can be picked up at the specified pick-up time and store.
3.2. If the ordered food and drinks are not picked up at the agreed pick-up time, they will be available for pick-up for one hour or at most until the end of opening hours. Uncollected food will be disposed of after one hour without a refund of the purchase price.
4.1. The purchase price of the ordered food, drink or voucher is the price indicated in the Pick-Up-Store at the time of purchase. All prices include the VAT.
4.2. The purchase prices is due for payment upon receipt of the order confirmation in full without deduction.
4.3. The payment methods will be clearly communicated to the customer at the beginning of the ordering process and will be made available for selection. The payment method selected by the customer during the ordering process is binding. The Customer can choose between paying at the store or credit card payment in advance. The credit card payment is processed by the payment service provider “Concardis” (Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany)
5.1. The statutory warranty provisions apply
6. Limitation of liability
6.1. Liability for property damage suffered is limited to intentional and gross negligence of Fat Monk, its employees or their assistants. Fat Monk is not liable for sligh negligence, except for personal injury.
7. Right of withdrawal for consumers when using the Pick-Up-Store
7.1. If the customer is a consumer and the contract for the purchase of a voucher has been concluded online via the Pick-Up-Store, s/he has the right to withdraw from the contract within fourteen days, starting from the conclusion of the contract without giving reasons.
7.2. In order to exercise the right of withdrawal, the customer must announce the withdrawal from the contract by the means of a clear declaration (e.g. by means of a letter sent by post or e-mail) to Fat Monk (email@example.com or to Fat Monk GmbH, Karl-Popper-Straße 2b/Top 9, 6. Stock, A-1100 Vienna). The customer may use the model withdrawal form below for the withdrawal, but this is not mandatory.
7.3. In order to comply with the withdrawal period, it is sufficient that the customer sends his declaration of withdrawal before the expiry of the withdrawal period.
7.4. Consequences of withdrawal: If the customer withdraws from the contract, Fat Monk shall repay all the payments received from the customer without disclosure and at the latest within fourteen days from the day on which the notice of withdrawal from the contract was received by Fat Monk. For this repayment, Fat Monk uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees for this repayment.
7.5. Sample withdrawal form: (If you wish to cancel the contract, please fill out this form and send it back)
To Fat Monk GmbH, Karl-Popper-Straße 2b/Top 9, 6. Stock, A-1100 Wien, firstname.lastname@example.org - I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service (): - Ordered on ()/received on (): - Name of the consumer(s): - Address of the consumer(s): - Signature of the consumer(s) (only in case of communication on paper): - Date:
7.6. Exception to the right of withdrawal:
There is no right of withdrawal for the ordering of meals (section 18 (1) Z 4 FAGG).
8. Final provisions
8.1. All disputes arising out of or in connection with these Terms and Conditions or all legal relationships between Fat Monk and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference standards of private international law. This choice of law applies to consumers only insofar as this does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumers habitual residence.
8.2. For all disputes arising out of or in connection with these Terms of Service or all legal relationships between Fat Monk and the customer, the parties agree the exclusive jurisdiction to the court of Vienna, inner city. If the customer is a consumer, the statutory jurisdictions apply to all disputes arising out of or in connection with these Terms of Service.
8.3. Should individual provisions, of the Term of Service, be or become invalid, the remaining content of the Terms of Service will not be affected. The invalid provision shall be replaced by and effective provision which is legally valid and comes closest to the will of the parties economically.