KUMAR’S KITCHEN – HARI AUM GMBH
AGB
1.GENERAL INFORMATION
The 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 contents and services on www.kumarskitchen.com are self-explanatory in their nature, available on a daily basis, and subject to constant change. KUMAR’S KITCHEN is at all times entitled to change or discontinue the offering 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 stating reasons, either permanently or temporarily for all users or individual groups of users.
2. SCOPE OF APPLICATION
1. For the business relationships between the online shop operated by Kumar’s Kitchen – Hari Aum GmbH (hereinafter: “Kumar’s Kitchen”) (www.kumarskitchen.com) and the restaurant on one hand and the purchaser of goods (hereinafter: “Customer”) on the other hand, the following General Terms and Conditions (hereinafter: “GTC”) exclusively apply in their current version at the time of each order.
Deviating terms and conditions of the Customer shall not be valid unless Kumar’s Kitchen has expressly agreed to them in writing or by email before accepting the order. The terms of use apply to the use of the website. The terms of use apply, with the consent of the user upon registration or when placing an order, to all, including future orders of the Customer.
1. Any agreements deviating from the General Terms and Conditions require written form for their effectiveness.
2. By placing orders (in the restaurant, online, or by telephone), the customer expressly acknowledges the General Terms and Conditions. All agreements, especially verbal agreements with representatives of KUMAR’S KITCHEN and telephone orders, require written confirmation.
3. CONTRACT CONCLUSION
1. The language of the contract is German.
2.The prices and offers provided by KUMAR’S KITCHEN on the website “www.kumarskitchen.com” in the online shop are non-binding and subject to change without notice.
3.By placing an order in the restaurant or on the online shop, the customer commits to purchase the food/products and/or services. By placing the order, the customer expressly acknowledges these terms and conditions. Upon receipt of the order by KUMAR’S KITCHEN, an email confirmation of the order will be sent to the customer’s provided email address. This order confirmation serves as acceptance of the order, thereby forming a contract between the customer and KUMAR’S KITCHEN. In the restaurant, the contract between the customer and Kumar’s Kitchen is concluded when the customer enters the restaurant and orders the food or drinks.
4. SUBJECT MATTER OF THE CONTRACT
1. The subject matter of the contract are the goods ordered by the customer and listed in the order confirmation at the prices indicated on the day of ordering in the online shop or in the restaurant, plus delivery fees or, for orders above a certain amount, for example at least 50.00 euros, no delivery fees apply in certain districts.
2.KUMAR’S KITCHEN explicitly points out that the photos on the website are sample photos and the actual appearance of the goods may differ from these photos. Any size and weight information of the products are approximate values and are subject to natural product variations.
5. ORDER
1.”Orders can be placed from Tuesday to Friday from 5:00 PM to 10:30 PM, on Saturdays from 12:00 PM to 10:00 PM, and on Sundays from 12:00 PM to 8:00 PM. Order processing is done exclusively during opening hours. No orders will be processed or delivered on Mondays. For events where Kumar’s Kitchen provides catering and/or service staff, an individual written agreement is required.”
2.”Orders must be placed by 9:00 PM on the same day for delivery or pickup. For special catering and party services, delivery times must be arranged individually with KUMAR’S KITCHEN.”
6.PICKUP
1.Pickup is only possible by appointment during the opening hours of the respective branch.
2.The pickup will take place at the branch specified at the time of ordering at the desired pickup date and time by the customer.
KUMAR’S KITCHEN will have the ordered goods ready at the desired pickup date and time and will hold them for a duration of 30 minutes from the specified pickup time in the branch indicated in the order. If the pickup does not occur within 30 minutes of the specified pickup time, KUMAR’S KITCHEN is not obliged to keep the ordered goods available.
7. 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. In the case of incorrect, incomplete, or unclear information provided by the customer, the customer will bear all resulting costs.
2.Deliveries are made exclusively from Tuesday to Sunday. No deliveries are made on Mondays, except for specially arranged catering and party services. Deliveries may also be carried out by third-party companies.
1.The customer can place orders at the following times:
Tuesday – Friday from 5:00 PM – 9:30 PM and Saturday and Sunday from 12:00 PM – 8:00 PM.
2.Mondays – 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
website kumarskitchen.com and are subject to change at any time.
4. A delivery fee of EUR 9.90 (nine euros and ninety cents) may be charged per delivery. Depending on the delivery district and the minimum order
amount, the delivery fee may vary. If the minimum order amount of EUR 50.00 (fifty euros) is reached, no delivery fees will be charged in certain
districts.
5.Tips: An amount voluntarily paid by the customer intended for the delivery person.
6.Opening Hours:
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
Mondays – Closed (Rest Day)
During the lockdown, the opening hours may vary.
1.Prices and Payment Conditions
1.All prices are stated in EURO and include the respective applicable statutory value-added tax (10% or 20%).
2.When ordering goods in our online shop at Kumar’s Kitchen, payment is made before delivery on the online shop. When picking up, customers have the option of paying in cash or by card on-site, but the customer also has the option to pay for the ordered goods online in advance.
3.When ordering and paying in our online shop (www.kumarskitchen.com), delivery or pickup is only possible after payment by credit card (Visa, MasterCard, EPS, and PayPal). For home delivery, the customer also has the option to pay with a bank card, credit card, or cash.
4.Promotion & Voucher: Voucher Conditions:
1.-20% or -10% promotional voucher is only valid in the restaurant (no delivery or takeaway). NOT valid for Mjam, Lieferando, DasEssen, The Fork, Quandoo, Sodexo, Edenred, other portals, and lunch menus!
2.10% and 5% online discount when entering 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, Quandoo, Open Table, Sodexo, Edenred, and lunch menus.
3.Upon self-collection, the customer receives one free 0.25l AF drink per invoice upon request, only if the minimum order value of 100.00 euros is reached (not valid for lunch menus).
4.Only one voucher per order can be redeemed. A combination of vouchers with promotional vouchers or other vouchers is not possible.
5.Vouchers have no cash value, are non-transferable, and may not be sold.
6.Vouchers or promotional vouchers will not be paid out in cash.
7.Vouchers or promotional vouchers must be presented to the waiter before placing the order to receive the discount.
8.Retroactive redemption of vouchers for already placed or ongoing orders is excluded.
9.Vouchers and promotions are not valid for lunch menus, other or special daily offers.
10.For telephone or written reservations, the voucher must be announced by customers in advance.
11.Vouchers and promotional vouchers are not valid for lunch menus, company celebrations, events, or similar.
12.Validity according to flyer or advertisement, date according to voucher.
13.This promotion can be revoked at any time.
14.Vouchers and promotional vouchers are not valid for lunch menus or special promotions (e.g., The Fork, TripAdvisor, or Quandoo, Mjam, Lieferando, DasEssen, Google, or other portals).
15.Not valid for room rental, event space, or similar.
16.Our terms and conditions apply as per the website.
Dear Dog Owners,
Please be advised that dogs are not allowed in our restaurant. We would be delighted to offer you a seat in our outdoor dining area.
We appreciate your understanding and look forward to your visit.
Your Kumar’s Kitchen Team
1.Retention of Title
2.Until full payment of the purchase price including all ancillary fees, the delivered goods/foods/drinks/services remain the sole and unrestricted property of KUMAR’S KITCHEN.
3.Liability/Warranty
4.The liability of KUMAR’S KITCHEN is limited to damages that are intentionally or grossly negligent. Any mandatory statutory liability provisions are not affected by this.
5.All products are checked by KUMAR’S KITCHEN before delivery or provision in the branch/kitchen. The instructions for the shelf life and storage of the goods must be strictly observed; it is recommended to consume the warm dishes immediately after delivery or serving. If the goods/foods/drinks purchased from KUMAR’S KITCHEN are not properly stored or consumed at a later time, any warranty and liability of KUMAR’S KITCHEN are excluded.
6.Defects that cannot be detected immediately despite careful inspection (when packaging the food or serving) must be reported immediately upon discovery, upon receipt of the goods; otherwise, they are considered approved.
7.KUMAR’S KITCHEN endeavors to remedy disruptions as quickly as technically and economically possible. However, KUMAR’S KITCHEN assumes no guarantee and liability that kumarskitchen.com will be continuously accessible and that the desired connection can always be established. To the extent necessary for essential operational work or to avoid disruptions in use, Kumar’s Kitchen – Hari Aum GmbH is entitled not to provide services temporarily, especially to interrupt data connections or to limit their duration. An uninterrupted operation of www.kumarskitchen.com is therefore not owed. It is also noted that the contractual provision of services by external third parties such as mobile network operators or internet providers, who are not agents or vicarious agents of Kumar’s Kitchen, is dependent on these third parties. Kumar’s Kitchen assumes no liability for damages caused by such third parties, nor for damages caused by such a network failure or other circumstances outside the responsibility of Kumar’s Kitchen (e.g., disturbances in the IT system, power failure, force majeure, etc.). Insofar, warranty claims, compensation claims, and any other claims by the customer against Kumar’s Kitchen – Hari Aum GmbH are entirely excluded. In case of any failures of Kumar’s Kitchen – restaurant and online store, especially in case of failure of forwarding to Kumar’s Kitchen by the online platform partners (e.g., such as Lieferando, Mjam, Icks, TheFork, Quandoo, DasEssen, Proudcloud, etc.), the customer has no legal claims against Kumar’s Kitchen – Hari Aum GmbH. Furthermore, any liability of Kumar’s Kitchen is excluded to the extent that the damage was not caused by intent or gross negligence of Kumar’s Kitchen.
8.Exclusion of Warranty and Other Liability:
9.KUMAR’s KITCHEN – Hari Aum GmbH assumes no warranty and liability in connection with the contractual relationship between the customer and a third person or company. In this respect, warranty claims, compensation claims, and any other claims by customers against Kumar’s Kitchen – Hari Aum GmbH are entirely excluded. This applies in particular to the timeliness of services, the quality, functionality, and scope of goods, foods, or services, the correctness or redeemability of promotions, discounts, winnings, etc…
10.Termination of Contract and Cancellation of Order
11.Given the perishability of the offer, the customer is not allowed 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 expressly states that cancellation of the order by the customer is possible.
12.KUMAR’S KITCHEN is entitled to cancel the order, e.g., if the offer is no longer available, if the customer has provided a wrong or non-functioning telephone number or incorrect contact details, or if force majeure occurs. KUMAR’S KITCHEN is entitled to reject all (future) orders from the customer if there are appropriate reasons.
13.If the customer places a wrong order (e.g., by providing incorrect contact information, not paying, or not being present at the delivery or pickup location to receive the order) or otherwise does not fulfill his obligations under the contract, KUMAR’S KITCHEN is entitled to reject future orders from this customer.
KUMAR’S KITCHEN is entitled to reject orders and cancel contracts if there are reasonable doubts regarding the correctness or authenticity of the order or contact information or if KUMAR’S KITCHEN does not wish to conclude a contract with the customer. If the customer places orders that are evidently incorrect or fraudulent, 14. KUMAR’S KITCHEN is entitled to file a report with the police. If the customer places orders that appear to be incorrect or fraudulent, KUMAR’S KITCHEN may report this to the police.
14.Applies to party rooms, rental rooms, and catering (not applicable for daily deliveries): To exercise the right of withdrawal, the customer
KUMAR’S KITCHEN – Hari Aum GmbH,
Breitenfurter Straße 213
1230 Wien
Tel.: +43 (0)1 8902779
E-Mail: service@kumarskitchen.com
By means of a clear statement, inform Kumar’s Kitchen of the decision to withdraw from this contract, at least 14 (fourteen) days (e.g., by sending a letter by post or email). To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
In the event of withdrawal, the following withdrawal form must be completed and returned to Kumar’s Kitchen (Attachment 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 withdraw from the contract concluded by me/us () for the purchase of the following goods/foods/drinks:
Ordered on ()/received on ():
Name of the consumer(s):
Address of the consumer(s):
Consumer(s) signature (only for paper communication):
Date:
(*) Delete as applicable.
Consequences of Withdrawal:
If the customer withdraws from the contract, Kumar’s Kitchen shall refund all payments received from the customer, minus the cancellation costs and processing fees, within 14 (fourteen) days from the day on which the notification of withdrawal of the contract is received by Kumar’s Kitchen. Kumar’s Kitchen will use the same means of payment for the refund as the customer used for the original transaction, unless expressly agreed otherwise. Kumar’s Kitchen may refuse reimbursement until it has received the goods, utensils, dishes, or other items intact, which were provided for catering, parties, or events.
The customer shall bear the cost of returning the goods.
1.The right of withdrawal is closed according to § 18 FAGG (Fern- und Auswärtsgeschäfte-Gesetz) for distance contracts for goods that can quickly perish or whose expiry date would be quickly exceeded (thus for all food, as well as homemade drinks), as well as for goods/foods/drinks that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery.
XII. Final Provisions
2.If individual provisions of the contract or these terms and conditions are legally ineffective, this shall not render the entire contract or all of the terms and conditions invalid. The remaining content of the contract or the remaining terms and conditions remain unchanged. Any ineffective provisions shall be replaced by new provisions that achieve the same economic effect.
3.The place of performance is agreed to be the business address of KUMAR’S KITCHEN at Breitenfurter Straße 213, 1230 Vienna.
4.The competent court in Vienna shall have exclusive jurisdiction over all disputes arising in connection with the contractual relationship. If the customer is a consumer within the meaning of the KSchG (Austrian Consumer Protection Act), this place of jurisdiction shall only be deemed agreed if the customer has his residence, habitual abode, or place of employment in this judicial district.
5.The contract is governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the referral provisions of private international law. If the customer is a consumer within the meaning of the KSchG, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
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 regulations and are the property of KUMAR’S KITCHEN. Any use of these images is only permitted with the prior consent of KUMAR’S KITCHEN.
8.Any changes to the terms and conditions can be viewed by the customer on the website kumarskitchen.com. If the amended terms and conditions are not accepted by the customer, no orders can be placed with Kumar’s Kitchen. Kumar’s Kitchen is at all times entitled, without stating reasons, to change the specific design of the Kumar’s Kitchen website in every respect, in particular its graphical presentation, payment methods and technical implementation, the programming languages used, databases, communication protocols, data formats supported, web browser types and versions. Kumar’s Kitchen is also at all times entitled, without stating reasons, to completely discontinue the Kumar’s Kitchen website.
Sie erreichen uns wie folgt:
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