TERMS AND CONDITIONS
Effective date: 1st December 2021
Welcome to www.fatdaddysak.de (“Site” or “Website”).
This website is owned and operated by Fat Daddy’s American Kiosk from Germany. Throughout the Site, the terms “we”, “us”, “platform” and “our” refer to Fat Daddy’s American Kiosk. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or when purchasing something from us, you (“User” or “Customer”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users and/or contributors of content.
2. Fat Daddy’s American Kiosk – General Information
- What we do. Fat Daddy’s American Kiosk sells imported grocery products from the USA such as coffee, snack foods, candy and soft drinks. To find out more information about what we do, please refer to our website.
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
3. Protection of Minors
Our site is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these terms with you.
You are responsible for your use of the services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.
Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorse any opinions expressed via the services. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and we cannot take responsibility for such content.
We reserve the right to remove content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
5. Validity of the Terms and Conditions
The current terms and conditions are applicable to all the agreements between Fat Daddy’s American Kiosk and its customers, except when special terms and conditions or agreements stipulate otherwise.
6. Product Descriptions
The pictures of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a products display of the colors exactly reflects those of our products.
7. Product Availaibility
All orders are subject to acceptance and availability. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order.
There is a minimum order amount of 5 €. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Our Site accepts all major payment methods which include:
- Visa (credit and debit cards)
- MasterCard (credit and debit cards)
- American Express
- Any other payment method displayed on our Site.
We reserve the right to add or change our payment methods at sole discretion anytime.
The prices shown on the Site are in Euros. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.
We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.
Please refer to our shipping, returns, and refunds policy for more information on this section.
13. Permitted use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by Fat Daddy’s American Kiosk;
- Gain unauthorised access to Fat Daddy’s American Kiosk’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Fat Daddy’s American Kiosk’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by Fat Daddy’s American Kiosk in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logo
14. Limited License and Site Access; Acceptable Use
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
15. Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Fat Daddy’s American Kiosk is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Fat Daddy’s American Kiosk. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Fat Daddy’s American Kiosk immediately of any breach of security or unauthorized use of your account. Fat Daddy’s American Kiosk cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
16. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the (defined below) on the Site. All content, including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution, or other use of the content is prohibited and may result in civil and criminal penalties. You may use the content only with our prior written and express authorization. To inquire about obtaining authorization to use the content, please contact us at email@example.com
In addition to the intellectual property rights mentioned above, “content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
17. Monitoring Activity
18. Digital Millennium Copyright Act
Fat Daddy’s American Kiosk expects all users to respect the intellectual property rights of others. Fat Daddy’s American Kiosk may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may notify us at firstname.lastname@example.org. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Fat Daddy’s American Kiosk to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FAT DADDY’S AMERICAN KIOSK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
You agree that in no event shall Fat Daddy’s American Kiosk be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Fat Daddy’s American Kiosk’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
You agree to indemnify and hold Fat Daddy’s American Kiosk and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty, or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
22. Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany and you hereby submit to the exclusive jurisdiction of the German courts where Fat Daddy’s American Kiosk is based in.
23. Privacy and Personal Data Collection
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
25. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
28. Force Majeure
Fat Daddy’s American Kiosk is not liable for any delays caused by circumstances beyond Fat Daddy’s American Kiosk’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications, or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
29. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Fat Daddy’s American Kiosk concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Fat Daddy’s American Kiosk’s right to act concerning subsequent or similar breaches.
30. Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Fat Daddy’s American Kiosk shall survive any termination.
31. Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email to email@example.com
Fat Daddy’s American Kiosk
Niendorfer Kirchenweg 9B
22459 Hamburg, Germany