GTC

General Terms and Conditions ("GTC")

for customers (hereinafter referred to as "Customer" or "Customers") of

VAP Restaurants GmbH FN 436137 d Karl-Popper-Straße 2b/Top 9, 6th floor A-1100 Vienna (hereinafter referred to as "VAP Restaurants")

including the online "Take Away" store

1 Scope of application and amendments

1.1 These GTC apply to the entire range of services offered by VAP Restaurants, which includes in particular services in connection with the use of the online "Take Away" store ("Take Away Shop") and to all orders and purchases made by the customer via the Take Away Shop. In addition, these GTC apply to all purchases of VAPIANO merchandise ("Merchandise") via the store [www.vapiano.at/shop] ("Shop").

1.2 Customers can access the information on the protection of their personal data in accordance with Article 13 and Article 14 GDPR at[VAP Privacy Policy].

2 Conclusion of the contract

2.1 When ordering a food or drink in the Take Away Shop on the VAP Restaurants website or merchandise in the store, the customer submits a binding offer to conclude a contract for the desired product after selecting the desired product and entering the necessary data by clicking on the "Order with obligation to pay" button. Before sending the binding order, the customer has the opportunity to check and correct all the data entered. Orders can be placed in the Take Away Shop during the opening hours of the VAP restaurants, but no later than 30 minutes before the end of opening hours. The offer can only be accepted during opening hours.

2.2 If VAP Restaurants accepts the order, the customer will receive an order confirmation by e-mail. This order confirmation creates a binding contract between the customer and VAP Restaurants for the provision of the products purchased in the Take Away Shop or Shop. VAP Restaurants reserves the right not to accept orders without providing information.

3 Ordering and collection of food

3.1 The food and drinks ordered via the Take Away Shop can be collected at the specified collection time.

3.2 If the ordered food and drinks are not collected at the agreed collection time, they will be kept ready for collection for a maximum of one hour until the end of opening hours. Uncollected food will be disposed of after one hour without a refund of the purchase price.

4 Payment

4.1 The purchase price of the ordered food, drinks or the ordered voucher and merchandise shall be the price stated in the Take Away Shop or Shop at the time of the order. All prices are inclusive of VAT.

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

4.3 The payment methods shall be clearly communicated to the customer at the latest at the start of the order process and made available for selection. The payment method is bindingly selected by the customer during the ordering process. For Take Away, the customer can choose between cash payment or various online payment options; when purchasing merchandise, only the various online payment functions are possible. Credit card payments are processed via the payment service provider "Stripe".

5. vouchers

5.1 Vouchers purchased in the Take Away store, Interspar or in a restaurant are valid for 10 years from the conclusion of the contract.

5.2 It is not possible to redeem vouchers in cash. The remaining balance will not be paid out in the event of partial redemption. Vouchers cannot be used to purchase further vouchers.

5.3 Vouchers can only be redeemed at a VAP Restaurant location (all Austrian VAPIANOs except Linz). Online redemption of vouchers in the take-away store or store is not possible.

5.4 The voucher is only valid once the purchase price has been paid in full. In the event of withdrawal from the contract or invalidity of the contract, the voucher 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 suffered by entrepreneurs is limited to damage caused intentionally or through gross negligence by VAP Restaurants, its employees or their assistants. Liability of VAP Restaurants for slight negligence - with the exception of personal injury - is excluded. The statutory provisions on damages apply to consumers without restriction.

8 Right of withdrawal for consumers when using the online "Take Away" store or store

8.1 If the customer is a consumer and the contract for the purchase of a voucher was concluded online via the Take Away store, the customer has the right to withdraw from the contract within fourteen days of conclusion of the contract without giving reasons.

8.2 In order to exercise the right of withdrawal, the customer must notify VAP Restaurants at info@vapiano.at or at VAP Restaurants GmbH, Karl-Popper-Straße 2b/Top 9, 6th floor, A-1100 Vienna, of the withdrawal from the contract by means of a clear declaration (e.g. by means of a letter sent by post or e-mail). The customer may use the sample withdrawal form below for the withdrawal, but this is not mandatory.

8.3 In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

8.4 Consequences of withdrawal: If the customer withdraws from the contract, VAP Restaurants must repay the customer all payments that VAP Restaurants has received from the customer immediately and at the latest within fourteen days from the day on which VAP Restaurants received the notification of withdrawal from the contract. For this repayment, VAP Restaurants will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. In addition, however, the customer must return any merchandise received to VAP Restaurants at his own expense.

8.5 Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back) To VAP Restaurants GmbH, Karl-Popper-Straße 2b/Top 9, 6th floor, A-1100 Vienna, info@vapiano.at. - 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 for notification on paper): - Date:

___________________ (*) Delete as appropriate

8.6 Exception to the right of withdrawal There is no right of withdrawal for food orders (§ 18 para. 1 no. 4 FAGG).

9. final provisions

9.1 All disputes arising from or in connection with these GTC or all legal relationships between VAP Restaurants and the customer shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. This choice of law only applies to consumers insofar as the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

9.2 For all disputes arising from or in connection with these GTC or all legal relationships between VAP Restaurants and the customer, the parties agree to the exclusive jurisdiction of the court with subject-matter jurisdiction for Vienna, Innere Stadt. If the customer is a consumer, the statutory places of jurisdiction shall apply to all disputes arising from or in connection with these GTC.

9.3 Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a valid provision that is legally valid and comes closest to the economic intentions of the parties.