§ 1 Applicability, definitions of terms
(1) Restaurant Führich, Führichgasse 6, 1010 Vienna, Austria (hereinafter: "we" or "Restaurant Führich") operates an online store for digital goods (event tickets and vouchers) under the website https://restaurant-fuehrich.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the text of the contract
(1) The following regulations on the conclusion of the contract apply to orders placed via our online store at https://restaurant-fuehrich.at.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Checking the details in the shopping basket,
- Call up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
- Enter/check address and contact details, select payment method, confirm GTC and cancellation policy,
- Completion of the order by pressing the "Buy now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of the conclusion of a contract, the contract shall be concluded with Restaurant Führich, Führichgasse 6, 1010 Vienna, Austria.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(6) Editing or deleting data on your user account: You have the right to correct, amend or delete the information and settings stored on your user account at any time. Insofar as you consent to a certain use of your data, this declaration can be revoked at any time. In particular, you are free to choose whether you wish to continue to be informed about special offers and new products.In certain circumstances, the website operator may refuse access to the data collected about you, for example if confidential business information is involved or the rights of another person would be violated if you were given access.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of goods. The actual goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product, unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
(4) All products offered are ready for immediate dispatch, unless clearly stated otherwise in the product description.
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Netherlands, Norway, Romania, Slovakia, Spain, Sweden, Switzerland, Turkey, United Kingdom.
(6) Delivery time depends on the respective country of delivery.
Some items have a longer delivery time.
In the event of delays in delivery, e.g. due to force majeure, traffic disruptions and orders from higher authorities as well as other events for which the online shop is not responsible, no claim for damages can be asserted against the online shop.
If the delivery is delayed and has not taken place due to the fault of upstream suppliers (impossibility), the online shop shall not be liable for this.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our Cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached an essential contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes in particular our duty to take action and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contractual language
Only German and English are available as contract languages.
§ 9 Warranty / Guarantee / Customer Service
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.