Terms of Service

Stand: 27.09.2022

Terms of Service ("AGB") For customers (hereinafter referred to as the "customer") of the VAP restaurants Ltd. FN 436137 d Karl-Popper-Straße 2b/Top 9, 6. Stock A-1100 Wien (hereinafter briefly referred to as "VAP restaurants") Including the online "Take Away" store

1. Scope and Changes

1.1. These Terms and Conditions 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 Shop" as well as all orders and purchases made by the customer through the Take Away Shop. Moreover these terms and conditions apply to the entire range of purchases of VAPIANO Merchandise made by the customer through the merchandise shop [ ] ("shop").

1.2. VAP restaurants reserves the right to change these Terms and Conditions at any time and without stating reasons.

1.3. Customers may access the information to protect their personal data in accordance with Article 13 and Article 14 GDPR under [Data Privacy Statement].

2. Conclusion of the Contract

2.1. When ordering a meal or a drink, in the Take Away shop on the VAP restaurants website or merchandise in the shop, the customer, after selecting the desired product and entering the necessary data by clicking on the button "Confirm order payment" during the opening hours of the VAP restaurants, but not less than 30 minutes before closing, the customer makes a binding offer to conclude a contract for the desired product. to which s/he remains bound to for two hours, or at most until the end of the opening hours. Before submitting the binding order, the customer has the possibility to check and correct all data entered by him/her

2.2. If VAP restaurants accepts the order, the customer will receive an order confirmation by e-mail. This order confirmation provides a binding contract between the customers and VAP restaurants GmbH for the provision of the products purchased in the Take Away Shop or shop. VAP restaurants reserves the right not to accept orders without specifying them.

3. Ordering and Picking Up Food

3.1. Food and beverages ordered through Take Away Shop can be picked up at the specified pick-up time.

3.2. If the ordered food and drinks are not picked up at the agreed pick-up time, they will be available for pick-up for one hour or at most until the end of opening hours. Uncollected food will be disposed of after one hour without a refund of the purchase price.

4. Delivery and pick-up of merchandise

4.1. Merchandise will only be delivered by mail and can't be picked up in the VAP restaurants. The delivery will be processed by GLS Austria GmbH. The delivery is free for orders above € 40, for orders below, the delivery costs amount for [€ 4]. If the contract is cancelled by the customer or in case of exercising the right of revocation by the customer as user, merchandise has to be returned unsolicited by the customer and at his own expense.

4.2. Delivery is only possible in Austria.

5. Payment

5.1. The purchase price of the ordered food, drink or voucher and merchandise is the price indicated in the Take Away Shop or shop at the time of purchase. All prices include the VAT.

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

5.3. The payment methods will be clearly communicated to the customer at the beginning of the ordering process and will be made available for selection. The payment method selected by the customer during the ordering process is is binding. The Customer can choose between cash or credit card payment for products purchased in the Take Away Shop. The credit card payment is processed by the payment service provider “Concardis” (Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany)

5.4. After purchase the customer receives a inovice in form of a PDF via email for products purchased in the merchandise shop.

6. Vouchers

6.1. Vouchers purchased in the Take Away-Shop, Interspar or in a restaurant are valid for up to 10 years from the time of the conclusion of the contract.

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

6.3. Vouchers can be redeemed at all Austrian VAP restaurants locations. They cannot be redeemed online in the Take Away Shop or in the shop.

6.4. The voucher will only be valid with full payment of the purchase price. In the event of withdrawal from the contract or in the event of invalidity of the contract, the voucher loses its validity and cannot be redeemed.

7. Warranty

7.1. The statutory warranty provisions apply

8. Limitation of Liability

8.1. Liability for property damage suffered is limited to intentional and gross negligence of VAP restaurants, its employees or their assistants. VAP restaurants is not liable for sligh negligence, except for personal injury.

9. Right of Withdrawal for Consumers When Using the Online “Take Away”- Shop or shop

9.1. If the customer is a consumer and the contract for the purchase of a voucher has been concluded online via the Take Away-Shop, s/he has the right to withdraw from the contract within fourteen days, starting from the conclusion of the contract without giving reasons.

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

9.3. In order to comply with the withdrawal period, it is sufficient that the customer sends his declaration of withdrawal before the expiry of the withdrawal period.

9.4. Consequences of withdrawal: If the customer withdraws from the contract, VAP restaurants shall repay all the payments received from the customer without disclosure and at the latest within fourteen days from the day on which the notice of withdrawal from the contract was received by VAP restaurants. For this repayment, VAP restaurants uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees for this repayment.

9.5. Sample Withdrawal Form:

(If you wish to cancel 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, Austria. 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 in case of communication on paper): Date:

9.6. Exception to the right of withdrawal:

There is no right of withdrawal for the ordering of meals (section 18 (1) Z 4 FAGG).

10. Final Provisions

10.1. All disputes arising out of or in connection with these Terms of Service or all legal relationships between VAP restaurants and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference standards of private international law. This choice of law applies to consumers only insofar as this does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumers habitual residence.

10.2. For all disputes arising out of or in connection with these Terms of Service or all legal relationships between VAP restaurants and the customer, the parties agree the exclusive jurisdiction to the court of Vienna, inner city. If the customer is a consumer, the statutory jurisdictions apply to all disputes arising out of or in connection with these Terms of Service.

10.3. Should individual provisions, of the Term of Service, be or become invalid, the remaining content of the Terms of Service will not be affected. The invalid provision shall be replaced by and effective provision which is legally valid and comes closest to the will of the parties economically.