Terms and Conditions
Fat Monk Terms and Conditions
Effective as of April 28, 2021
General Terms and Conditions (“GTC”) for customers (hereinafter referred to as“Customer” or“Customers”) of FAT MONK deli bowls GmbH, FN 379961t, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna (hereinafter referred to as “Fat Monk” ), including the online “Pick-Up” shop
1. Scope and Amendments
1.1. These Terms and Conditions apply to the entire range of services offered by Fat Monk, which includes, 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 through the Pick-Up Shop.
1.2. Fat Monk reserves the right to amend these Terms and Conditions at any time and without providing reasons.
1.3. Customers may access information regarding the protection of their personal data in accordance with Articles 13 and 14 of the GDPR at [[Privacy Policy](https://www.FatMonk.at/de/page/1000-datenschutzerklarung)].
2. Conclusion of the Contract
2.1. When ordering food or a beverage from the Pick-Up Shop on the Fat Monk website, after selecting the desired product and entering the necessary information, the customer submits a binding offer to enter into a contract for the desired product by clicking the “Place Order” button during Fat Monk’s business hours, but no later than 30 minutes before the end of Fat Monk’s business hours, the customer submits a binding offer to enter into a contract for the desired product, to which the customer remains bound for two hours, but no later than the end of Fat Monk’s business hours. Before submitting the binding order, the customer has the opportunity to review and correct all information they have entered.
2.2. If Fat Monk accepts the order, the customer will receive an order confirmation via email. This order confirmation constitutes a binding contract between the customer and Fat Monk GmbH for the provision of the products purchased at the Pick-Up Shop. Fat Monk reserves the right to refuse orders without providing a reason.
3. Ordering and Picking Up Food
3.1. The food and beverages ordered through the Pick-Up Shop can be picked up at the specified pickup time.
3.2. If the ordered food and beverages are not picked up at the agreed-upon pickup time, they will be held for pickup for a maximum of one hour, until the end of business hours. Unclaimed food will be discarded after one hour without a refund of the purchase price.
4. Payment
4.1. The purchase price of the ordered food, beverages, or gift certificate is the price listed in the Pick-Up Shop at the time of the order. All prices include sales tax.
4.2. The purchase price is due in full, without any deductions, upon receipt of the order confirmation.
4.3. The payment methods will be clearly communicated to the customer no later than the start of the ordering process and made available for selection. The customer makes a binding selection of the payment method during the ordering process. Credit card payments are processed by the payment service provider “Concardis” (Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany).
5. Gift Certificates
5.1. Gift certificates purchased at the Pick-Up Shop or in a restaurant are valid for 10 years from the date of purchase.
5.2. Gift certificates cannot be redeemed for cash. Gift certificates cannot be used to purchase additional gift certificates. Gift certificates can be redeemed exclusively at a Fat Monk location.
5.3. The gift certificate becomes valid only upon full payment of the purchase price. In the event of withdrawal from the contract or if the contract is invalid, the gift certificate loses its validity and cannot be redeemed.
6. Warranty
6.1. The statutory warranty provisions apply.
7. Limitation of Liability
7.1. Liability for property damage is limited to damage caused by Fat Monk, its employees, or its agents through willful misconduct or gross negligence. Fat Monk’s liability for slight negligence—except with regard to personal injury—is excluded.
8. Right of Withdrawal for Consumers Using the Online “Pick-Up” Shop
8.1. If the customer is a consumer and the contract for the purchase of a gift certificate was concluded online via the “Pick-Up” shop, the customer has the right to withdraw from the contract within fourteen days of the contract’s conclusion without providing a reason.
8.2. To exercise the right of withdrawal, the customer must notify Fat Monk of the withdrawal from the contract by means of a clear statement (e.g., via a letter sent by mail or email) to hello@fatmonk.at or to Fat Monk GmbH, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna. The customer may use the model withdrawal form below for the withdrawal; however, its use is not mandatory.
8.3. To meet the withdrawal deadline, it is sufficient for the customer to send the notice of exercising the right of withdrawal before the withdrawal period expires.
8.4. Consequences of withdrawal: If the customer withdraws from the contract, Fat Monk must refund the customer all payments that Fat Monk has received from the customer without delay and no later than fourteen days from the day on which Fat Monk received notice of the withdrawal from the contract. For this refund, Fat Monk will use the same payment method the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees in connection with this refund.
8.5. Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it)
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 I/we entered into 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 for written notifications):
- Date:
8.6. Exception to the Right of Withdrawal
There is no right of withdrawal for food orders (Section 18(1)(4) FAGG).
9. Corporate Partnerships
9.1. The agreement is valid for one year from the start date. Unless either party objects to the extension, the agreement is automatically extended for another year.
9.2. Both contracting parties are entitled to terminate the agreement at any time without stating reasons by providing written notice.
9.3. The benefits provided (e.g., discounts, free products, or other services) under this partnership may be claimed exclusively by the relevant employee of the partner company personally. Transfer to third parties is expressly prohibited.
9.4. The benefits apply only as long as the person is verifiably employed by the company with which the cooperation agreement was concluded.
9.5. The benefits granted as part of the partnership are valid exclusively at the agreed-upon location.
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 placed via external platforms are excluded from the promotion. The promotion is valid only while supplies last and may be revoked at any time without prior notice. Cash redemption or exchange is not permitted. This promotion cannot be combined with other discounts or promotions. Valid on all Signature Bowls and the Special Bowl.
11. Happy Hour
11.1. The “Happy Hour” promotion takes place every Saturday starting at 3:00 p.m. in all Fat Monk stores in Germany until further notice. It applies to all Signature Bowls as well as the Special Bowl; extras are excluded from the promotion. The offer is valid only while supplies last; individual ingredients may be substituted with others. This promotion cannot be combined with other promotions, discounts, or coupons. Subject to changes and errors.
12. Promotions and Discounts
12.1. All promotions, discounts, or special offers we provide are for a limited time only and are valid only during the specified period. They cannot be redeemed for cash or combined with other promotions, unless expressly stated otherwise. Each person may take advantage of a promotion only once, unless otherwise specified. Some promotions are valid only in certain countries or stores. We reserve the right to change or terminate promotions at any time without providing a reason.
12.2. Student Discount: Students receive a 10% discount on their purchase at Fat Monk - Deli Bowls upon presentation of a valid student ID. The discount is valid at all Fat Monk stores in Austria and Germany and can be redeemed with every purchase during the student’s academic term, provided a valid student ID from a university or university of applied sciences (FH) is presented. The student discount cannot be combined with other discounts, promotions, or special offers. Fat Monk – Deli Bowls reserves the right to change, restrict, or terminate this promotion at any time. There is no entitlement to the continued provision of the student discount.
13. Wolt Drive
13.1. Delivery Area: Same-day delivery is currently available in Vienna and the city of Salzburg. The delivery area is being continuously expanded in collaboration with our partner Wolt. Whether delivery to the desired address is possible is automatically checked during the ordering process when the delivery address is entered. A delivery can only be made if the address is located within the currently valid delivery area.
13.2. Undeliverable Orders: If the guest is unavailable or cannot be reached at the specified delivery address at the time of delivery, the order will be returned by the delivery service. A refund of the purchase price is not possible in this case, as the product was freshly prepared specifically for this order and cannot be reused.
13.3. Data Protection in Connection with Delivery: To verify delivery availability, the address data entered by the guest (street, ZIP code, city) as well as—provided the guest is registered and logged in—the stored address information is transmitted to Wolt Austria GmbH (“Wolt”). This transmission occurs only if the guest initiates a corresponding request. The phone number provided by the guest is processed solely for the purpose of contacting the guest in connection with the delivery. The phone number is provided to the delivery partner or delivery person in an encrypted format and cannot be viewed in numerical form. Further information on data processing by Wolt can be found in Wolt’s Privacy Policy.
14. Final Provisions
14.1. Austrian law shall apply exclusively to all disputes arising from or in connection with these Terms and Conditions or any legal relationships between Fat Monk and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country of the consumer’s habitual residence.
14.2. For all disputes arising from or in connection with these Terms and Conditions or any legal relationships between Fat Monk and the customer, the parties agree that the court with subject-matter jurisdiction over Vienna, Innere Stadt, shall have exclusive jurisdiction. If the customer is a consumer, the statutory places of jurisdiction shall apply to all disputes arising from or in connection with these Terms and Conditions.
14.3. Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the remainder of the Terms and Conditions. The invalid provision shall be replaced by a valid provision that is legally enforceable and most closely reflects the economic intent of the parties.