KUMAR’S KITCHEN – HARI AUM GMBH

AGB

1. General Information

KUMAR’S KITCHEN – HARI AUM GmbH (hereinafter referred to as “KUMAR’S KITCHEN”), with its business address at Breitenfurter Straße 213, 1230 Vienna, operates a restaurant, a delivery kitchen, and an online shop on the website www.kumarskitchen.com for the sale and delivery/pickup of food and beverages. Additionally, KUMAR’S KITCHEN offers catering and party services. The content and services on www.kumarskitchen.com are self-explanatory, available daily, and subject to constant change. KUMAR’S KITCHEN reserves the right to change and/or discontinue the offerings on www.kumarskitchen.com, in the restaurant, in the delivery kitchen, and other web portals such as Lieferando, Mjam, DasEssen, TheFork, Quandoo, TripAdvisor, Google, and Open Table, in whole or in part, without providing reasons, either permanently or temporarily, for all users or specific groups of users at any time.

1. For the business relationships between the online shop (www.kumarskitchen.com) and the restaurant operated by Kumar’s Kitchen – Hari Aum GmbH (hereinafter referred to as “Kumar’s Kitchen”) on the one hand and the customer ordering goods (hereinafter referred to as “Customer”) on the other hand, only the following General Terms and Conditions (hereinafter referred to as “GTC”) in their version valid at the time of the respective order shall apply.

   Deviating terms and conditions of the Customer are not valid unless KUMAR’S KITCHEN has agreed to them in writing or by email before accepting the order. The terms of use apply to the use of the homepage. The terms of use are accepted by the user upon registration or order and apply to all current and future orders of the Customer.

1. Agreements that deviate from the GTC require written form to be effective.
2. By placing orders (in the restaurant, online, or by phone), the customer explicitly acknowledges the GTC. All agreements, especially oral arrangements with representatives of KUMAR’S KITCHEN and telephone orders, require written confirmation.

1. Contract Conclusion

1. The contract language is German.
2. The prices and offers from KUMAR’S KITCHEN on the website “www.kumarskitchen.com” in the online shop are subject to change and non-binding.
3. By placing an order in the restaurant or online shop, the customer purchases the food/products and/or services in a binding manner. By placing the order, the customer explicitly acknowledges these GTC. After the order is received by KUMAR’S KITCHEN, the customer will receive an email with an order confirmation to the email address provided by them. This order confirmation serves as acceptance of the order, thereby establishing the contract between the customer and KUMAR’S KITCHEN. In the restaurant, the contract between the customer and Kumar’s Kitchen is concluded as soon as the customer enters the restaurant and orders the food or drinks.

Subject of the Contract

1. The subject of the contract is the goods ordered by the customer and specified in the order confirmation, at the prices indicated on the order day in the online shop or restaurant, plus delivery fees. For orders exceeding a certain amount (e.g., at least 50.00 Euros), no delivery fees apply in certain districts.
2. KUMAR’S KITCHEN explicitly states that the photos on the homepage are example photos and the actual appearance of the goods may differ from these photos. Any size and weight information provided for the products are approximate values and subject to natural variations in the products.

Ordering

1. Orders can be placed from Tuesday to Friday from 17:00 to 22:30, on Saturdays from 12:00 to 22:00, and on Sundays from 12:00 to 20:00. Order processing occurs exclusively during these opening hours. No orders are processed or deliveries made on Mondays. For events where Kumar’s Kitchen provides catering and/or service personnel, an individual written agreement is required.
2. Orders must be placed no later than 21:00 on the same day for delivery or pickup. For special caterings and party services, delivery times must be arranged individually with KUMAR’S KITCHEN.

1. Pickup

1. Pickup is only possible by appointment during the opening hours of the respective branch.
2. The pickup takes place at the branch specified during the order, at the desired pickup time chosen by the customer.
3. KUMAR’S KITCHEN will have the ordered goods ready at the specified branch for the desired pickup time and for a duration of 30 minutes from the agreed-upon pickup time. If the pickup does not occur within 30 minutes from the agreed-upon time, KUMAR’S KITCHEN is not obligated to continue making the ordered goods available.

III. Delivery

1. Unless otherwise agreed, delivery will be made to the specified billing address. If no exact delivery address is provided, the billing address will be considered the valid delivery address. The customer bears all costs arising from incorrect, incomplete, or unclear information provided by them.
2. Deliveries are made exclusively from Tuesday to Sunday. No deliveries are made on Mondays, except for specially agreed-upon caterings and party services. Deliveries may also be handled by third-party firms.
   1. The customer can place orders during the following times:
      – Tuesday to Friday: 17:00 – 21:30
      – Saturday and Sunday: 12:00 – 20:00
   2. Mondays are closed (rest day)

3. Delivery is only possible within the Vienna city limits and in specific districts of Vienna. The delivery districts are announced by Kumar’s Kitchen on the homepage kumarskitchen.com and may be changed at any time.

    

4. For each delivery, a delivery fee of EUR 9.90 (nine euros and ninety cents) may be charged, depending on the delivery district and minimum order amount. If the minimum order amount of EUR 50.00 is reached, no delivery fees apply in certain districts.

    
5. Tip: A voluntary amount paid by the customer intended for the delivery person of the order.

6. Here are the opening hours translated into English:

   • Tuesday: 5:00 PM – 10:00 PM
   • Wednesday: 5:00 PM – 10:00 PM
   • Thursday: 5:00 PM – 10:00 PM
   • Friday: 5:00 PM – 10:30 PM
   • Saturday: 12:00 PM – 10:30 PM
   • Sunday: 12:00 PM – 8:00 PM
   • Monday: Closed

   During lockdown, opening hours may vary.

1. Prices and Payment Conditions
   

1. All prices are stated in EURO and include the respective applicable value-added tax (10% or 20%).
2. When ordering goods from our online shop at Kumar’s Kitchen, payment is made before delivery. For pickups, customers have the option of paying in cash or by card on-site. However, customers also have the option to prepay for their ordered goods online.
3. When ordering and paying on our online shop (www.kumarskitchen.com), delivery or pickup is only possible after payment via credit card (Visa, MasterCard, EPS, and PayPal). For home delivery, customers also have the option to pay with a debit card, credit card, or cash.
4. Promotion & Voucher: Voucher Conditions
5. -20% or -10% promotional voucher is valid only in the restaurant (no delivery or takeaway). Not valid for Mjam, Lieferando, DasEssen, The Fork, Quandoo, Sodexo, Edenred, other portals, and lunch menus!
6. 10% and 5% online discount with the voucher code starting with KK** for the website kumarskitchen.com, valid only for online purchases, cannot be redeemed in the restaurant. Not valid for Mjam, Lieferando, The Fork, Qandoo, Open Table, Sodexo, Edenred, and lunch menus.
7. For self-pickup, upon request, the customer receives 1 free 0.25l AF drink per invoice, only if the minimum order value of 100.00 euros is reached (not valid for lunch menus)
8. Only one voucher per order can be redeemed. Combining vouchers with promotional vouchers or other vouchers is not possible.
9. Gutscheine have no cash value, are non-transferable, and may not be sold.
10. Vouchers or promotional coupons are not paid out in cash.
11. Vouchers or promotional coupons must be presented to the waiter before placing the order to apply the discount.
12. Redemption of vouchers for orders that have already been placed or are currently in progress is not possible.
13. Gutscheine and promotions do not apply to lunch menus, other special daily offers, or special promotions.
14. For telephone or written reservations, customers must inform about the voucher in advance.
15. Coupons and promotional vouchers are not valid for lunch menus, corporate events, gatherings, or similar occasions.
16. The validity is according to the flyer or advertisement, and the date specified on the voucher.
17. This promotion can be revoked at any time.
18. Coupons and promotional vouchers are not valid for lunch menus or special promotions (e.g., The Fork, TripAdvisor, Quandoo, Mjam, Lieferando, DasEssen, Google, or other platforms).
19. Does not apply to room rental, event space, or similar.
20. Our terms and conditions on the website apply.

21. .Dear dog owners,

    Please note that dogs are not allowed in our restaurant. We would be delighted to accommodate you in our outdoor seating area.

    Thank you for your understanding, and we look forward to welcoming you.

    Your Kumar’s Kitchen Team

22. Retention of title
23. Until full payment of the purchase price including all ancillary costs, the delivered goods/food/drinks/services remain the sole and unrestricted property of KUMAR’S KITCHEN.
24. Liability/Warranty
25. KUMAR’S KITCHEN’s liability is limited to damages caused intentionally or through gross negligence. Any mandatory legal liability provisions remain unaffected by this limitation.
26. All products are inspected by KUMAR’S KITCHEN before delivery or preparation in the store/kitchen. It is essential to observe the instructions regarding the shelf life and storage of the goods. It is recommended to consume hot dishes immediately after delivery or serving. If goods/food/drinks purchased from KUMAR’S KITCHEN are not stored properly or consumed at a later time, any warranty and liability from KUMAR’S KITCHEN are excluded.
27. Defects that cannot be immediately detected despite careful inspection (during packaging or serving of the food) must be reported promptly upon discovery, upon receipt of the goods. Otherwise, they are considered approved.
28. KUMAR’S KITCHEN strives to resolve disruptions as quickly as technically and economically feasible. However, KUMAR’S KITCHEN does not warrant or guarantee uninterrupted access to kumarskitchen.com or that the desired connection can always be established. Kumar’s Kitchen – Hari Aum GmbH reserves the right to temporarily suspend services, especially to interrupt data connections or limit their duration, for necessary operational activities or to prevent disruptions in use. Continuous operation of www.kumarskitchen.com is not guaranteed. It should be noted that contractual service provision depends on external third parties such as mobile network operators or internet providers, who are not agents or subcontractors of Kumar’s Kitchen. Kumar’s Kitchen assumes no liability for damages caused by such third parties, nor for damages resulting from network failures or other circumstances beyond Kumar’s Kitchen’s control (e.g., IT disruptions, power outages, force majeure, etc.). Accordingly, warranty claims, claims for damages, and all other claims against Kumar’s Kitchen – Hari Aum GmbH are completely excluded. In case of disruptions involving Kumar’s Kitchen – Restaurant and Online Store, particularly in case of failure to forward orders from online platform partners (e.g., Lieferando, Mjam, Icks, TheFork, Quandoo, DasEssen, Proudcloud, etc.), the customer has no legal claims against Kumar’s Kitchen – Hari Aum GmbH whatsoever. Furthermore, Kumar’s Kitchen’s liability is excluded to the extent that the damage was not caused by intent or gross negligence on the part of Kumar’s Kitchen.

29. Exclusion of Warranty and Other Liability:

     
30. KUMAR’s KITCHEN – Hari Aum GmbH assumes no warranty or liability related to the contractual relationship between the customer and any third party or company. Consequently, warranty claims, claims for damages, and any other claims against Kumar’s Kitchen – Hari Aum GmbH are entirely excluded. This applies especially to the timeliness of services, the quality, functionality, and scope of goods, food, or services, as well as the correctness or redeemability of promotions, discounts, winnings, etc.
31. Termination of the contract and cancellation of the order
32. Given the perishable nature of the offerings, customers are not permitted to terminate the contract. Orders cannot be terminated by the customer. Cancellation of the order with KUMAR’S KITCHEN is only possible for the customer if KUMAR’S KITCHEN explicitly states that cancellation of the order by the customer is possible.
33. KUMAR’S KITCHEN reserves the right to cancel the order, for example, if the offer is no longer available, if the customer provides an incorrect or non-functioning telephone number or incorrect contact details, or if there is force majeure. KUMAR’S KITCHEN is entitled to reject all (future) orders from the customer if such reasons exist.
34. If the customer places an incorrect order (such as providing incorrect contact information, not paying, or not being present at the delivery or pickup location to receive the order), or otherwise fails to fulfill their obligations under the contract, KUMAR’S KITCHEN is entitled to reject future orders from this customer as well.
35. KUMAR’S KITCHEN reserves the right to reject orders and terminate contracts if there are reasonable doubts regarding the accuracy or authenticity of the order or contact information, or if KUMAR’S KITCHEN chooses not to enter into a contract with the customer. If the customer places orders that are proven to be false or fraudulent, KUMAR’S KITCHEN reserves the right to report this to the police.
36. Applies to party rooms, rental rooms and catering (not applicable to daily deliveries): To exercise the right of withdrawal, the customer must

KUMAR’S KITCHEN – Hari Aum GmbH,
Breitenfurter Straße 213
1230 Wien
Tel.: +43 (0)1 8902779
E-Mail: service@kumarskitchen.com

mittels einer eindeutigen Erklärung mindestens 14 (vierzehn) Tage (z.B. mit der Post übersandter Brief oder E-Mail) über seinen Entschluss, diesen Vertrag zu widerrufen, informieren. Zur Wahrung der Widerrufsfrist reicht es aus, dass der Kunde die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absendet.

Im Falle eines Widerrufs ist folgendes Widerrufsformular auszufüllen und an KUMAR’S KITCHEN zurückzusenden (Anhang I):

An
KUMAR’S KITCHEN – Hari Aum GmbH
Breitenfurter Straße 213, 
1230 Wien
Tel.: +43 (0)1 8902779
E-Mail: service@kumarskitchen.com

I/we(*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods/food/drinks:

Ordered on(*)/received on(*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for paper notification):

Date:

(*) Delete what is not applicable

1. Consequences of revocation:
   If the customer cancels the contract, KUMAR’S KITCHEN must repay all payments received from him, less the cancellation costs and processing fee, at the latest within 14 (fourteen) days from the day on which KUMAR’S KITCHEN received notification of the cancellation of the contract has been received. For this repayment, KUMAR’S KITCHEN uses the same payment method that the customer used in the original transaction, unless expressly agreed otherwise. KUMAR’S KITCHEN may refuse reimbursement if goods or utensils, tableware have been provided for a catering, party or event until they receive the goods, utensils, tableware and other items back intact

   The return shipping costs must be borne by the customer himself.

1. According to 18 FAGG, the right of withdrawal applies to distance selling contracts for goods that can spoil quickly or whose expiry date would quickly be exceeded (i.e. for all food and homemade drinks) as well as for goods/food/drinks that are delivered sealed and for reasons of health protection or Items that are not suitable for return for hygiene reasons if their seal has been removed after delivery are closed.
   XII. Final provisions
2. If individual provisions of the contract or these General Terms and Conditions are legally invalid, this does not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining general terms and conditions remain unchanged. Any ineffective provisions will be replaced by new regulations that aim to achieve the same economic success.
3. The agreed place of fulfillment is the business address of KUMAR’S KITCHEN at Breitenfurter Straße 213, 1230 Vienna.
4. The competent court in Vienna has exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. If the customer is a consumer within the meaning of the KSchG, this place of jurisdiction is only deemed to be agreed if the customer has his or her place of residence, habitual residence or place of employment in this jurisdiction
5. The contract is subject to Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) and excluding the reference norms of private international law. If the customer is a consumer within the meaning of the KSchG, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
6. The use of texts, parts of texts, images or data from the website and their reproduction requires the prior consent of KUMAR’S KITCHEN.
7. All images used on this website are subject to copyright and are the property of KUMAR’S KITCHEN. Any use of these images is only possible with the prior consent of KUMAR’S KITCHEN
8. Any changes to the terms and conditions can be read by the customer on the website kumarskitchen.com. If and as long as the changed terms and conditions are not accepted by the customer, no orders can be placed with Kumar’s Kitchen. Kumar’s Kitchen is entitled to change the specific design of Kumar’s Kitchen website in every respect at any time without giving reasons, in particular its graphical representation, means of payment and technical implementation, the programming languages used, databases, communication protocols, data formats, web browser types and versions that support them. Kumar’s Kitchen is also entitled to discontinue the Kumar’s Kitchen website completely at any time without giving reasons.

You can reach us as follows:

KUMAR’S KITCHEN – HARI AUM GMBH

Breitenfurter Straße 213, 1230 Wien

Firmenbuchnummer: FN 527543 z

UID-Nummer: ATU75402645

E-mail: service@kumarskitchen.com

Tel.: +43 (0)1/8902779

www.kumarskitchen.com