Terms and Conditions

1) Scope of Application

These terms and conditions apply to all services provided by Shabbeskitchen (kosher catering specialist) for the customer.

As soon as the contract has commenced, these terms and conditions shall become an integral component hereof.

The customer confirms that they have read and understood the terms and conditions and agree to their application to the contractual relationship.

In the online shop, these terms and conditions become an integral component of the contract as soon as a tick is placed next to ‘Read terms and conditions and declare consent’.

The application of the customer’s terms and conditions is hereby expressly excluded.

2) Offer, Order, Contract and Contractual Fulfilment

The content of the contract is exclusively based on the regulations agreed upon by the customer and Shabbeskitchen as outlined in the accepted offer and/or in the order confirmation, as well as the terms and conditions that complement and/or replace these regulations.

Insofar as Shabbeskitchen creates an offer for the customer, Shabbeskitchen shall not be held liable for the correctness or completeness of the offer insofar as this is based on the customer’s information and/or any transferred documents.

Once availability has been reviewed, the contract shall come into effect upon acceptance (verbally or in writing) of the reservation/order by Shabbeskitchen. From this time, Shabbeskitchen and the customer are bound to the contract.

The customer must always provide their full name (company), address (especially delivery and billing addresses), email address (if available) and telephone number, VAT ID, exact number of guests and scope of services in any and all orders. By providing this information, the customer is granting permission to receive informative materials such as newsletters, offers etc., as well as consent for their personal data to be processed for the purpose of contractual fulfilment.

Shabbeskitchen’s offerings can change depending on the season. If a service/item described in the offer – for whatever reason – cannot be delivered in full by the agreed deadline, Shabbeskitchen reserves the right to exchange the ordered service/item for an alternative of equal value without any negative impact on Shabbeskitchen’s claims.

Minor change requests can be considered up to 48 hours before the agreed time of performance; all other requests can be considered up to 1 week before the agreed date.

Orders for Shabbat (Friday evening to Saturday evening) must be placed by Wednesday (00:00) of the same week. Orders after this time cannot be accommodated.

Online orders cannot be changed as the meals are pre-prepared, usually frozen, products that are labelled as such. These must be ordered at least 4 days before the desired delivery date; payment is possible using the payment methods offered on the online platform. Shabbeskitchen is not obliged to accept any other payment methods.

The fee is based on Shabbeskitchen’s price list as valid at the time of the contract’s commencement as well as individually agreed special prices.

By providing account or credit card details, the customer expressly grants their permission for all costs – especially deposits and any cancellation payments – to be debited using the chosen payment method without further communication with the contractual partner.

Shabbeskitchen is permitted to request a reasonable deposit from the customer. Unless payment maturity has been otherwise agreed, the deposit is payable immediately once the order has been accepted by Shabbeskitchen.

All costs for delivery and money transactions (e.g. transfer charges) are to be borne by the customer. The card company’s conditions apply to credit and debit cards.

Orders within Vienna worth more than EUR 35 are exempt from delivery costs.

Inconsumable wares, materials and objects are only provided by Shabbeskitchen for the purposes of contractual fulfilment and remain property of Shabbeskitchen. These wares, materials and objects provided by Shabbeskitchen must be treated with the utmost care by the customer and returned in reasonable condition (usual wear and tear allowed).

The customer expressly has no right of retention regarding these wares, materials and objects or food and drink.

All additional services not expressly covered by the agreed fee shall be billed separately/retroactively.

Travel costs and expenses arising in relation to the order and agreed with the customer must be paid by the customer in full.

The set or agreed prices only relate to the services included in the offer. Any other services – such as necessary or stipulated rental of movable or immovable objects of any kind (event spaces, tents, machines etc.), staff or other payments or services required to fulfil the contract – shall be billed separately if not included in the offer.

Expenses, costs and damages relating to any delay of service provision not due to any fault of Shabbeskitchen can be invoiced to the customer separately.

The customer must pay the invoice immediately upon receipt without deduction, or at least within 7 days of service provision.

Invoices issued by Shabbeskitchen comply with the requirements of §11 of the applicable version of the UStG.

Discounts require special agreement.

Customers must make any objections to invoices within 7 days or the invoice will be considered correct and recognised.

If the customer is in default of payment, Shabbeskitchen shall be permitted to demand compensation of actual damages incurred or interest to the sum of 8 percent above the base rate, which is 4% for consumers, at their discretion.

In the case of payment default, the customer is obliged to provide reasonable compensation to a legally permissible sum for any necessary costs incurred by Shabbeskitchen for appropriate extra-judicial prosecution or recovery measures.

The customer waives the possibility of offsetting. This does not apply to consumer contracts or counterclaims legally available to the customer, established by the courts or recognised by Shabbeskitchen.

Until payment has been made in full, all deliveries/services shall remain property of Shabbeskitchen (retention of ownership).

Special regulations for long-distance transactions / online shopping contracts:

Electronic declarations shall be considered received when the party for whom they are intended can view them under normal conditions and access is made within Shabbeskitchen’s published hours of business.

Long-distance orders are exclusively accepted by Shabbeskitchen by way of a written confirmation by email/post or upon payment of the agreed deposit by way of a successful debit by Shabbeskitchen or successful transfer by the customer.

Online orders may only be placed after complete and correct information has been entered into all required fields on the order screen as well as after express recognition of the terms and conditions has been declared by way of the application provided on the order screen.

The customer acknowledges that online orders cannot be cancelled or undone once the ‘commit to purchase’ button has been clicked.

The customer is solely responsible for the correct provision/declaration of information. If the order was incorrect due to the provision of incorrect or incomplete data, the order can either be corrected with the help of Shabbeskitchen or another order confirmation can be issued. In all complaints, the customer must provide the order confirmation, as Shabbeskitchen may otherwise reject contractual fulfilment.

The electronic order confirmation from Shabbeskitchen serves as the only reliable evidence of a properly carried out order and must therefore be provided by the customer and shown to Shabbeskitchen staff in the case of any complaint.

The customer acknowledges that necessary online data transfers and other data lines may lead to problems during the order process – this does not result in any customer rights or claims against Shabbeskitchen.

3) Liability

The customer and their guests are liable to Shabbeskitchen for any joint and several damage caused by the customer or their guests or any other persons that received services from Shabbeskitchen with the customer’s knowledge or permission. The customer shall indemnify and hold harmless

Shabbeskitchen from any third party claims.

The customer is responsible for compliance with all statutory and legal requirements – especially those of commercial law, of fire marshal law, of copyright law, of event law, and any applicable youth protection laws and tobacco laws. Unless otherwise stated by law, the customer is obliged to obtain any necessary legal permits and fulfil any and all legal requirements at their own expense.

If the customer is a consumer, Shabbeskitchen shall not be held liable – including for objects brought in by the customer – for slight negligence with the exception of personal damages.

If the customer is a business, Shabbeskitchen’s and their vicarious agents shall not be held liable for slight or gross negligence – including for items brought in by the customer. In this case, the customer shall bear the burden of proof regarding fault. There shall be no compensation for secondary damages, immaterial damages, indirect damages or loss of profits. Any damages to be compensated shall be limited to the amount of the damage incurred because the party has relied on the validity of the agreement.

Delivery/performance shall take place at the address provided by the customer at the time agreed by the customer. Shabbeskitchen shall not be held liable for any delays of any kind to deliveries/performance resulting from force majeure, strikes, operational disruptions or similar.

In the case of performance disruptions related to reasons in the customer’s sphere of influence (e.g. lack of suitability or problems with the event/delivery location, cancellation of the event etc.), the customer is not permitted to reduce the agreed price.

All goods are delivered at the customer’s risk and expense. Shabbeskitchen shall not be held liable for the customer’s improper storage.

Once the delivery/service has been transferred, all risks and storage costs are to be borne by the customer. This also applies in the case of partial deliveries.

Please note that delivered meals should be consumed at the delivery location at the time of the delivery. Shabbeskitchen shall not be held liable in any way for any wares spoiled due to being transported to another location than the delivery location and/or consumed at a later time than the time of the delivery.

4) Cancelling Orders:

In the case of cancellations, the customer must pay the following cancellation

fees:

For orders worth up to EUR 2,000 net within Vienna,

cancellation is possible up to 72 hours before the agreed time of delivery free of charge, after which there is no option to cancel and the customer shall owe the full invoice sum. Orders worth more than EUR 2,000 net within Vienna can be cancelled free of charge up to 10 days before the performance date, whereas the customer shall owe 30% of the net order sum for cancellations up to 8 days before, 50%

of the order sum for cancellations up to 4 days before, and 100% of the order sum for cancellations from 4 days before.

Outside Vienna, but from 100km from the performance location, cancellation is only possible up to 5 weeks before the date of performance, after which the customer shall owe the full order sum.

5) Guarantee:

The right to a guarantee is excluded in accordance with §929 of the ABGB. This does not apply to transactions with consumers. If wares in a consumer transaction are defective in the sense of §§922f of the ABGB, Shabbeskitchen can rectify the defect in accordance with general guarantee law (§932f of the ABGB), whereby improvement and exchange are primarily carried out.

There is no guarantee for wholesale purchases (§930 of the ABGB) or overt defects (§928 of the ABGB).

Shabbeskitchen shall not be held liable for any damages caused by the customer’s guests, employees or vicarious agents. The customer is solely responsible for any necessary insurance.

6) General:

As long as the contractual transaction has not yet been fulfilled in full by both parties, the customer is obliged to immediately inform Shabbeskitchen of any changes to their residential/business address. If the customer fails to provide this information, any communication shall still be considered received when sent to the last known address.

Any agreements that differ from or add to these terms and conditions must be made in writing in order to be valid.

Should any individual provisions in these terms and conditions be invalid, the binding nature of all remaining provisions and any resulting orders/contracts shall remain in tact. The invalid provision is to be replaced by a valid provision that resembles the original sense and purpose as closely as possible.

Austrian law applies. The UN Sales Convention is excluded. The relevant responsible court is expressly agreed as responsible for all legal disputes resulting from the contractual and transactional relationship between Shabbeskitchen and the customer.

The place of fulfilment is Shabbeskitchen’s base.

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