AGB Fat Monk

Effective Date: 28 April 2021

General Terms and Conditions ("T&Cs") for customers (hereinafter referred to as "Customer" or "Customers") of FAT MONK deli bowls GmbH Company register no.: FN 379961t Karl-Popper-Straße 2b/Top 9, 6th Floor A-1100 Vienna, Austria (hereinafter referred to as "Fat Monk") including the online "Pick-Up" shop.

1. Scope and Amendments

1.1. These T&Cs apply to the entire range of services offered by Fat Monk, in particular services related to the use of the online "Pick-Up" shop ("Pick-Up Shop"), as well as all orders and purchases made by the Customer via the Pick-Up Shop.

1.2. Fat Monk reserves the right to change these T&Cs at any time without stating reasons.

1.3. Customers can access information on the protection of their personal data in accordance with Articles 13 and 14 of the GDPR at https://www.fatmonk.at/de/page/1000-datenschutzerklarung.

2. Conclusion of Contract

2.1. By ordering a dish or beverage in the Pick-Up Shop on the Fat Monk website, the Customer places a binding offer to conclude a contract for the selected product by clicking the "Place binding order" button after entering the required data. This is only possible during Fat Monk’s opening hours and up to a maximum of 30 minutes before closing time. The Customer remains bound to the offer for two hours, but no longer than until the end of opening hours. Before submitting the binding order, the Customer has the opportunity to review and correct all entered data.

2.2. If Fat Monk accepts the order, the Customer will receive an order confirmation by email. Upon this confirmation, a binding contract is concluded between the Customer and Fat Monk GmbH for the provision of the ordered products. Fat Monk reserves the right to reject orders without providing a reason.

3. Ordering and Collection of Food

3.1. The food and beverages ordered via the Pick-Up Shop can be collected at the specified pick-up time.

3.2. If the food and beverages are not collected at the agreed pick-up time, they will be held for one hour (but no later than until the end of opening hours). If not collected within this time, they will be disposed of without refund.

4. Payment

4.1. The purchase price for ordered food, beverages, or vouchers is the price listed in the Pick-Up Shop at the time of ordering. All prices include VAT.

4.2. The purchase price is due in full and without deduction upon receipt of the order confirmation.

4.3. The available payment methods are clearly presented to the Customer at the beginning of the order process. The Customer selects the payment method during the ordering process. Credit card payments are processed via the payment provider "Concardis" (Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany).

5. Vouchers

5.1. Value vouchers purchased in the Pick-Up Shop or in a restaurant are valid for 10 years from the date of order.

5.2. Vouchers cannot be redeemed for cash. They cannot be used to purchase additional vouchers. Vouchers can only be redeemed at a Fat Monk location.

5.3. The voucher becomes valid only after full payment of the purchase price. In the event of contract withdrawal or invalidity, the voucher becomes void and cannot be redeemed.

6. Warranty

6.1. Statutory warranty provisions apply.

7. Limitation of Liability

7.1. Liability for property damage is limited to damages caused intentionally or through gross negligence by Fat Monk, its employees, or agents. Fat Monk accepts no liability for slight negligence, except in the case of personal injury.

8. Right of Withdrawal for Consumers Using the Online "Pick-Up" Shop

8.1. If the Customer is a consumer and the contract for purchasing a voucher is concluded online via the Pick-Up Shop, the Customer has the right to withdraw from the contract within fourteen days without stating reasons.

8.2. To exercise the right of withdrawal, the Customer must notify Fat Monk of the decision to withdraw from the contract via a clear statement (e.g., by letter or email) sent to hello@fatmonk.at or Fat Monk GmbH, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna, Austria. The Customer may use the sample withdrawal form provided below, though it is not mandatory.

8.3. To meet the withdrawal deadline, it is sufficient for the Customer to send the notification before the 14-day period expires.

8.4. Consequences of withdrawal: If the Customer withdraws from the contract, Fat Monk will refund all payments received from the Customer without delay and no later than fourteen days from the day the notice of withdrawal is received. The same means of payment used in the original transaction will be used, unless otherwise agreed; no fees will be charged for the refund.

8.5. Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out and return this form.) To: Fat Monk GmbH, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna, info@fatmonk.at

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods/services:

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if sent on paper):

Date:

8.6. Exclusion from the right of withdrawal There is no right of withdrawal for the purchase of food (§ 18 para 1 no. 4 FAGG).

9. Corporate Partnerships

9.1. The agreement is valid for one year from the start date. Unless either party objects to an extension, the agreement will automatically renew for one additional year at a time.

9.2. Both parties have the right to terminate the agreement at any time without stating reasons, by providing written notice.

9.3. The benefits granted (e.g. discounts, complimentary products, or other services) under this partnership may only be used personally by the respective employee of the cooperating company. Forwarding to third parties is strictly prohibited.

9.4. The benefits are valid only as long as the individual is verifiably employed by the company with which the partnership has been established.

9.5. The benefits granted under this partnership are valid exclusively at the designated location agreed upon.

10. Fat Monk Monday

10.1. The “Fat Monk Monday” promotion is valid exclusively on Mondays at all Fat Monk stores in Germany. Delivery services and orders via third-party platforms are excluded. The promotion is valid only while supplies last and may be withdrawn at any time without prior notice. A cash payout or equivalent compensation is not possible. This promotion cannot be combined with other discounts or offers. Valid for all Signature Bowls as well as the Special Bowl.

11. HAppy Hour

11.1. The “Happy Hour” promotion takes place every Saturday from 3:00 p.m. onwards until further notice in all Fat Monk stores in Germany. It applies to all Signature Bowls as well as the Special Bowl; extras are excluded from the promotion. The offer is only valid while supplies last; individual ingredients may be substituted. This promotion cannot be combined with other offers, discounts, or vouchers. Changes and errors excepted.

12. Final Provisions

12.1. All disputes arising from or in connection with these T&Cs or any legal relationship between Fat Monk and the Customer shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. For consumers, this choice of law only applies to the extent that the protection afforded by mandatory provisions of the law of the country of habitual residence is not withdrawn.

12.2. All disputes arising from or in connection with these T&Cs or any legal relationship between Fat Monk and the Customer shall be subject to the exclusive jurisdiction of the competent court in Vienna, Innere Stadt. For consumers, the statutory places of jurisdiction apply.

12.3. Should individual provisions of these T&Cs be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent and purpose of the invalid clause.