Terms & Conditions

Fat Boys Smash Burger, headquartered in Lucerne 6003, Baselstrasse 97, Company Registration Number: CHE-263.598.998 (hereinafter: “Administrator” or “FBSB”), operates the website www.fatboysmash.ch (including subpages) through which it provides users with online services consisting of information about FBSB products, services, and other activities or content deemed interesting by FBSB, and allows access to certain interactive content, via website settings or through the use of appropriate mobile or other applications, providing the possibility to place orders directly through the site or via third parties. These Terms of Use set out the conditions and rules regarding the use of the website or online service. Please read these Terms before using our website. By using and accessing this website, you acknowledge that you have read and understood the Terms of Use, are familiar with them, fully agree to them, and consent to use the site in accordance with them. The website is not intended for or directed at minors. Use of website content by minors is allowed only with parental or guardian consent and supervision. The right to use the website is non-transferable to other individuals or legal entities. Each visitor is personally responsible for protecting the confidentiality of passwords where such exist. A visitor may have only one user account open at a time, if applicable, for online services and must keep their user data accurate and up to date during all activities. FBSB is not responsible for any loss of data that may occur during transmission of information over the Internet, as such loss may result from factors beyond FBSB’s control despite all security measures, and therefore FBSB cannot be held liable. FBSB will store received user data in accordance with all applicable laws and is responsible for its further processing and storage. Visitors acknowledge the possibility of occasional interruptions, unavailability, and/or shutdowns due to force majeure or other reasonable reasons (e.g., maintenance, content installation, redesign, etc.). Visitors agree and accept that access to the site may be interrupted for these reasons.
Information on this website may contain accidental (technical, content-related, or similar) inaccuracies or typographical errors. FBSB makes no representation or warranty, express or implied, that the content of the website and/or its related subpages is complete, accurate, or up to date; that the website and/or its pages will always be available; or that it will not cause harm to visitors, registered visitors, or third parties. Each visitor and registered visitor, if registration is available, expressly accepts the use of this website at their own risk and bears all potential costs associated with the maintenance or repair of computer equipment, including software. Any warranty provided on the website relates solely to products or services offered by FBSB, not to the quality or content of the website or services provided by third parties. FBSB is liable as required by law for content published on the FBSB website.
FBSB reserves the right to modify or discontinue the website at any time, including but not limited to content, availability, and equipment required to access or use the site. FBSB is authorized to cease publication of any part/type of information and to change or discontinue any method of data transmission, change data transfer speeds, or any other characteristics. Information may be changed without prior notice. FBSB may also improve and/or modify products and/or programs described in these terms at any time without prior notice. If a visitor does not accept these Terms of Use, they must refrain from using the site.
FBSB reserves the right to revise (amend) the Terms of Use at any time and to terminate access to the site without prior notice. These Terms of Use, including their amendments, come into effect and apply from the moment they are published on the website. If a visitor uses the site after the Terms of Use have been amended, it is assumed that they are aware of, understand, and fully accept the changes. If a visitor does not agree with the Terms of Use or their amendments, they must notify FBSB and request the deletion of their user account, if personalization exists, by sending an appropriate notice to the email address: info@fatboysmash.ch.

Specifically, FBSB will not be liable to website visitors for any and all damage resulting from access to the site after changes to the Terms of Use and caused by such changes.

Visitors are solely responsible for acquiring, using, and maintaining their computer equipment, including but not limited to all software and hardware used, as well as other equipment necessary to access and use the site, and all related costs, which may include messaging or data transmission fees and taxes or charges related to the use of online services.

FBSB is not responsible for any damage to visitor equipment that may result from using the site.

The website, including all subpages, including those accessed via external links, is operated by FBSB, which holds all rights to the site. Any use of the site must comply with these terms, and visitors must conduct all activities related to the site in accordance with the applicable laws of the Swiss Confederation. It is prohibited to publish, use, transmit, send, or exchange materials and content that violate or endanger privacy, are vulgar or otherwise undesirable in normal communication, infringe and/or violate the rights of others, particularly materials and content that are inherently illegal, threatening, offensive, defamatory, without explicit prior written consent from FBSB, or contain advertisements or offers for any product or service. Visitors may not use the site for advertising or for any commercial, religious, political, or non-commercial promotion. Prohibited behavior includes, but is not limited to:
Using online services for any purpose that is illegal or prohibited by these Terms;
Deleting or modifying any copyright, trademark, or other proprietary notice;
Attempting to acquire ownership or rights to online services, including content;
Using, reproducing, distributing, publishing, displaying, disclosing, posting, or transmitting online services or content for any commercial purpose;
Renting, leasing, sublicensing, lending, translating, merging, adapting, transferring online services or content, combining or incorporating into other programs or services; disassembling, decompiling, reverse engineering, copying in source or object code, or creating derivative works based on online services or content;
Using the website (online services) or content in violation of embargoes, trade sanctions, or other technology/export control laws, or employing any unauthorized technology or automated system to access online services or extract content, including but not limited to spiders, bots, screen scrapers, or offline readers;
Attempting to disable, damage, overload, impair, or gain unauthorized access to Online services, FBSB’s network, or any user account connected with Online services.
Any visitor conduct that, in FBSB’s

opinion, restricts or prevents another visitor from using the site is strictly prohibited.

By posting on or through the site, the visitor grants FBSB a free, worldwide, and perpetual license, fully or partially transferable, to use, reproduce, modify, publish, adapt, translate, distribute, implement, and display such communication, alone or as part of a larger whole, in any form, on any medium or by any technology, whether now known or developed later. Use or access to the site does not grant visitors any express or implied license or right to use FBSB’s or third-party trademarks, patents, designs, copyrights, or other rights.

Visitors and registered visitors are responsible for respecting copyrights and other intellectual property rights regarding such content.

By posting on or through the site, the visitor grants FBSB a free, worldwide, and perpetual license, fully or partially transferable, to use, reproduce, modify, publish, adapt, translate, distribute, implement, and display such communication, alone or as part of a larger whole, in any form, on any medium or by any technology, whether now known or developed later. Use or access to the site does not grant visitors any express or implied license or right to use FBSB’s or third-party trademarks, patents, designs, copyrights, or other rights.

Visitors and registered visitors are responsible for respecting copyrights and other intellectual property rights regarding such content.

Our products and services may be available to visitors on the site. To the extent that products and services are ordered online (by concluding a distance contract), FBSB will include all information required by consumer protection law in such offers or indicate where such information can be found/downloaded, or provide the prescribed information and documentation (offer acceptance, order confirmation, prior notice, etc.) to the visitor-customer. Additionally, the following general rules apply to FBSB product and service offers, which do not affect visitors’ rights as consumers under applicable law:
Offers are available only via the designated online service, only for displayed products, and depending on product availability;
Offers are valid only at specified times (e.g., some offers may not be available outside happy hours);
Only one promotional offer can be used per restaurant visit;
Offers are non-transferable;
Offers cannot be exchanged for cash.
Special conditions may apply to individual offers, indicated next to the offer on the site. Some offers cannot be combined. Products/services are purchased directly at a restaurant, except in cases of distance contracts as described above. Products offered or advertised on the site may not be physically available. Images and packaging on online services are examples and may not match the product or packaging received from the restaurant.

Differences may result from how your device displays colors or factors such as ingredients, supplier, region, or season.

isitors explicitly acknowledge that they use the site entirely at their own risk. FBSB, its employees, agents, third-party service providers, or licensed companies make no guarantees that use of the website will be uninterrupted or error-free, nor guarantee: (i) consequences arising from use of the website; or (ii) the accuracy, reliability, or content of any information, services, or goods provided via the website. This disclaimer applies to all direct or indirect damages, potential injuries caused by any malfunction, error, omission, interruption, deletion, failure, delay, computer virus, communication line interruption, theft, destruction, unauthorized access, alteration or misuse of records, contract termination, improper conduct, negligence, or any other act. Visitors explicitly acknowledge that FBSB is not responsible for offensive, inappropriate, or illegal behavior of other visitors or third parties and that the risk of damages resulting therefrom lies entirely with the visitor.
Under no circumstances shall FBSB, or any individual or legal entity involved in creating, producing, or distributing the Site or related content, or any software, be liable for any damages arising from the use or inability to use the site. Visitors explicitly acknowledge that the provisions of this section apply to the entire site content. FBSB, information providers, or partners managing content shall not be liable for any errors, inaccuracies, deficiencies, inappropriate or unoriginal content, delays, or interruptions in information transmission, or for any claims or losses arising therefrom. None of the above parties shall be liable for third-party claims or lost profits. FBSB is not responsible for any content posted by visitors (including those violating these Terms). Any content deemed inappropriate may be removed at any time. FBSB reserves the right to change, adjust, modify, delete, or remove any content it considers inappropriate. FBSB shall not be liable under any circumstances for any direct, indirect, or consequential damages arising from the use of the site or other websites, including but not limited to lost profits, business interruption, loss of programs or other visitor data, even if expressly advised of the possibility of such damages. Liability limitations are applied to the fullest extent permitted by law.

FBSB reserves the right to immediately terminate any passwords or user accounts, if any, in the event of visitor behavior deemed unacceptable or in any case of non-compliance with these Terms. Termination of passwords or accounts does not nullify the Terms.

FBSB has the right, but not the obligation, to monitor the content of the website at any time in order to verify and ensure compliance with these Terms, as well as any other rules established by FBSB, and compliance with any applicable law, regulation, or other act. Without limiting the above, FBSB reserves the right to remove any material it determines, at its sole discretion, to be non-compliant with these rules or otherwise suspicious. FBSB is not obligated to respond to interactive content. FBSB assumes no responsibility for the accuracy of the information provided, and the use of such information is at the recipient’s own risk. FBSB does not guarantee that all reported issues will be resolved using any information provided by FBSB.

By providing information, FBSB does not grant any license for any copyright, patent, or other intellectual property rights.

The issue of personal data protection is governed by the FBSB Privacy Statement, which takes precedence over these Terms of Use. For more information on how FBSB collects, uses, and processes visitors’ personal data, please read the Privacy Statement available at www.fatboysmash.ch.

The Privacy Statement sets out how we access personal data, including how we collect, use, and share personal information.

Visitors acknowledge that all activities are public, not private, and are therefore subject to monitoring. FBSB does not control and/or authorize the content and information found on the

site and is not responsible for any actions resulting from visitors’ activities, including liability for potentially controversial content.

FBSB does not wish to receive confidential information from visitors via the website. All information or materials sent to FBSB through the site will be treated as NON-CONFIDENTIAL, except for information/materials required by FBSB to fulfill an order or create an account (if such an option exists), as well as other information FBSB requests from its users, which FBSB will store and maintain according to its privacy policy and applicable law. By submitting any information or materials, the visitor grants an unlimited, irrevocable, free license to use, copy, display, perform, modify, transfer to third parties, and distribute such materials or information for commercial or any other lawful purposes. The visitor also agrees that FBSB may freely use any ideas, concepts, knowledge, or techniques contained in the submitted materials or information for any purpose. However, FBSB will not publish the visitor’s name or otherwise disclose that materials or information were sent, except if: (a) permission is obtained from the visitor to use their name; (b) the visitor has been notified in advance that materials or information submitted to a particular part of the site will be published or otherwise used together with the visitor’s name in accordance with applicable law; or (c) it is required by law. Any type of communication with visitors is considered non-confidential. If certain web pages allow posting communications that FBSB treats as confidential, this will be indicated on those pages. By posting comments, messages, or other information on the site, the visitor grants the right to use these comments, messages, or information for promotion, advertising, market research, or any other legally permitted purpose. Materials published or made available via the Site are not and will not be considered trade secrets, confidential, or proprietary information.

By posting materials on the site, the visitor authorizes FBSB, including reproduction, transmission, publication, broadcasting, or other use, without any obligation to pay compensation.

FBSB, as well as Internet service providers (ISPs), act as distributors (not publishers) of content received, sent, or posted by third parties and visitors. All opinions, advice, statements, services, offers, or other information or content posted by third parties, including public information providers or any visitors, originate from the respective authors or distributors, not FBSB. Neither FBSB nor third-party information providers make any warranties regarding the accuracy, completeness, or usefulness of any content, or its suitability for sale or fitness for any particular purpose. Information available on the site representing opinions and judgments of the respective information

provider or visitor is not authorized by FBSB, and therefore FBSB cannot be held responsible for the accuracy or reliability of any opinions, advice, or statements posted on the site by anyone who is not an authorized representative of FBSB.

FBSB makes no representations or claims that online services are available outside the Swiss Confederation, as FBSB operates in Switzerland and targets its offerings to that territory. If you use online services from other locations, you are responsible for complying with the relevant local laws. These Terms and Conditions are drafted in Serbian and English. In the event of discrepancies between the two versions, the Serbian version shall prevail. Upon termination of these Terms or a visitor’s permission to use online services, all rights of the visitor arising from these Terms also terminate; however, the Terms continue to apply to your prior use of online services and any results thereof. Upon termination of these Terms, all FBSB rights, including intellectual property rights, ownership rights, and licenses, shall survive, along with all usage restrictions, limitations, and disclaimers, including provisions relating to law and dispute resolution.

FBSB may transfer its rights and obligations under these Terms to another organization or legal entity. You may transfer your rights and obligations under these Terms to another person only with FBSB’s written consent.

In the event that certain provisions of the Terms of Use are invalid, such

invalidity will not affect the validity of any other provision of these Terms, and the remaining parts of these Terms shall remain in effect.

Failure of any party to enforce its rights under these Terms shall not be

deemed a waiver or loss of such rights in the future, nor of any other rights specified in these Terms.

Provisions of the positive law of the Swiss Confederation shall apply to all matters not regulated by these Terms. All disputes arising in connection with these

Terms shall be resolved by mutual agreement. All disputes or claims that may arise as a result of using the site are under the jurisdiction of the competent court.

These Terms of Use are effective as of 26 December 2025. FBSB may, at its discretion, adopt special conditions for specific matters regarding the use of its site (e.g., for personal data protection, use of so-called cookie technologies, etc.). In such cases, the special conditions shall take precedence over these Terms.