Allgemeine Geschäftsbedingungen
der GMS GOURMET GmbH für Webshop
1. Validity of the general terms and conditions
These general terms and conditions (“GTC”) apply in the version valid on the date of the order to all contracts concluded via this website between GMS GOURMET GmbH, which has its registered office at Oberlaaer Straße 298, 1230 Vienna (“Gourmet”), and the customer (“you” or “customer”).
2. Acknowledgement of the GTC
By placing an order, the customer expressly agrees to these GTC and is bound by them.
Any provisions in the customer’s contract forms and other terms and conditions (e.g. conditions of purchase/payment) that conflict with these GTC are invalid, regardless of whether, when and in what form they are brought to Gourmet’s attention. Any agreements deviating from individual provisions of these GTC are only valid for these and require the prior express and written confirmation of Gourmet in order to be valid. Maintaining silence about the general terms and conditions of the customer is not deemed consent.
3. Customer account, ordering as a guest
To order vouchers, you can, if this option is available on the website, either register and create a customer account or place an order as a guest. You will need to enter your data, whether you create a customer account or place an order as a guest. Without this data (mandatory fields, marked with an asterisk) our service is not available to you.
4. Contract conclusion
Vouchers can be purchased for the amounts listed on the website. Gourmet reserves the right to change the voucher offer at any time. Such changes do not affect contracts already concluded. All offers made by Gourmet on the website are non-binding and are to be understood as an invitation to the customer to make an offer themselves.
You can put the vouchers listed on the website into the shopping cart without obligation and correct your entry at any time before submitting a binding order by using the correction aids that are provided and explained as part of the order process. By clicking the order button, you place a binding order (offer) of the items contained in the shopping cart.
You are obliged to truthfully fill in the fields provided in the order form. An order can only be placed if all mandatory fields (fields marked with an asterisk) are completed.
Will will send you a confirmation email once we have accepted your order.
The contract is concluded once Gourmet has confirmed the order.
5. Prices
All prices on our website are quoted in euros and include VAT. If the website has a delivery option for the vouchers and you select that option, shipping costs may apply. Any shipping costs will be shown separately.
6. Terms of payment
The payment methods available are those listed in the web shop.
Online payments are processed via Gourmet’s payment partner according to current security standards (integration of the online payment system). More information about the payment partner can be found here LINK. The customer’s account will be debited as soon as the order has been placed (prepayment).
7. Print@home, delivery
Customers can purchase vouchers for the amounts listed in the web shop. The customer will receive the purchased vouchers by email in PDF format and a link to the purchased vouchers. The vouchers are printed by the customer. The customer is responsible for keeping the voucher template confidential. Gourmet is not liable for the misuse of the voucher template. The vouchers are valid immediately after purchase.
If there is a delivery option for the voucher and this option has been selected by the customer, it will be delivered to the delivery address specified by the customer for that order. For delivery time, please refer to the website through which you order the voucher.
Delivery times apply subject to unforeseen obstacles, especially force majeure. The delivery times are extended by the duration of obstacles not attributable to Gourmet, such as unforeseeable operational disruptions, force majeure, transport delays, etc. In any case, claims for damages or cancellation of the contract due to late delivery are excluded.
Vouchers purchased on this website can be redeemed in the restaurant for which the voucher was purchased at the nominal value of the vouchers. Vouchers cannot be paid out in cash. A voucher can be redeemed only once for the total voucher amount or in several partial amounts.
To redeem a voucher, please present it at the respective restaurant for which you have purchased the voucher. The voucher can only be redeemed at the restaurant from whose website you purchased it, and is not valid for all of Gourmet’s restaurant.
a) Contracts with consumers pursuant to Section 1 of the KschG (consumer protection law) in conjunction with Section 7b of the KSchG:
The risk of loss or damage to the voucher only transfers to the consumer once the voucher is delivered to the consumer or to a third party other than the carrier as specified by the consumer.
However, if the consumer concluded the transportation contract themselves, the risk transfers as soon as the voucher is handed over to the carrier.
b) Contracts with entrepreneurs:
If the customer is an entrepreneur, the delivery of the voucher is at their risk.
8. Liability
Claims for damages against Gourmet are excluded in cases of slight negligence within the scope of legal regulations – especially the provisions of the consumer protection law (KSchG). Liability for damages resulting from injury to life, body and health remains unaffected, or where there is mandatory liability under the product liability law.
9. Right of withdrawal – cancellation clause
There is no right of withdrawal for entrepreneurs.
It is expressly pointed out that, according to Section 18 of the FAGG, the consumer does not have a right of withdrawal for vouchers for which a specific date or period is contractually provided for performance by the entrepreneur (Section 18 para. 1 no. 10 of the FAGG). There is no right of withdrawal from the contract if you have redeemed the voucher before the expiry of the above-mentioned 14-day period.
9.1. Cancellation clause – right of cancellation for consumers
You have the right to withdraw from this contract within fourteen days without giving a reason (Section 11 of the FAGG). The cancellation period begins on the day on which the consumer, or a third party named by the consumer who is not the carrier, takes possession of the last delivered item (Section 11 para. 2 no. 2 lit. a) of the FAGG).
To exercise your right of withdrawal you have to send us,
GMS GOURMET GmbH
Oberlaaer Straße 298
1230 Vienna
info@gourmet.at
a clear declaration regarding your decision to withdraw from the contract (e.g. by posted letter or email). You may use the attached sample withdrawal form (Annex I Part B of the FAGG) , but this is not mandatory. To comply with the withdrawal period, it is sufficient for the notification regarding your exercise of the right of withdrawal to be sent before the deadline.
9.1.2. The consequences of a withdrawal
If you withdraw from this contract, we must return all payments received from you, including shipping costs (except any additional costs arising from the fact that you have selected a delivery method other than our cheap standard delivery), immediately and no later than within fourteen days from the date on which the notification regarding your withdrawal from this contract has been received by us. For this refund we use the same means of payment you used for your original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We have the right to refuse payment until we have received the voucher or until you have provided proof that it has been sent back, whichever is earlier. You must return the voucher to us by post or in person immediately and in any case no later than within fourteen days from the date on which you have notified us about your withdrawal from the contract. The deadline is deemed adhered to if you post the voucher before the expiry of the period of fourteen days.
In case of a withdrawal of vouchers, the code printed on the voucher ceases to be valid.
9.1.3. Withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it)
– To
GMS GOURMET GmbH
Oberlaaer Straße 298
1230 Vienna
info@gourmet.at
I/we (*) hereby withdraw from 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 notification on paper)
-Date
(*) Please delete as applicable.
[Download: Withdrawal form]
10. Copyright
Gourmet reserves all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs and layout. Unless usage is expressly permitted by law, any use of the contents of this website, in particular its storage in databases, reproduction, distribution or processing, requires the express written consent of Gourmet.
11. General matters, place of performance, place of jurisdiction
If individual points of these general terms and conditions are wholly or partially invalid due to mandatory legal provisions, this does not affect the validity of the remaining provisions and the contracts concluded on their basis.
In any case, amendments and/or supplements to these general terms and conditions require the written confirmation and signature of GMS GOURMET GmbH.
Place of performance for deliveries and payment is exclusively Vienna.
The exclusive place of jurisdiction for all disputes arising from or in connection with these general terms and conditions and the contracts concluded on their basis is the materially competent court in Vienna or, for consumers, the court at their place of residence.
Austrian substantive law applies exclusively to the exclusion of conflict of law provisions. The application of the UN Sales Law and the IPRG (International Private Law Act) is expressly excluded.
Mandatory rights of a consumer under the KschG (consumer protection law) or other provisions are not restricted by these general terms and conditions.
12. Information on alternative dispute resolution
We commit to participating in the conciliation process of the Internet Ombudsman in case of disputes: https://www.ombudsstelle.at/
For more information on the types of procedures, please visit https://www.ombudsstelle.at/ or see the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for alternative dispute resolution according to the AStG (AStG conciliation procedure).
https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_AStG-Verfahren.pdf
Guidelines for the conciliation procedure at the Internet Ombudsman outside the scope of the AStG (standard procedure)
https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_f%C3%BCr_das_Standard-Verfahren.pdf
For the resolution of disputes with our company, the OS platform can also be used: Link to the OS platform
https://ec.europa.eu/consumers/odr
Our email address: info@gourmet.at
GMS GOURMET GmbH
Last updated: 14/09/2023
