GTC

1. Subject of these GTC

These General Terms and Conditions (hereinafter referred to as “GTC“) apply to the use of our online shop as well as to all orders and purchases made through the online shop of Mario Plachutta GmbH (hereinafter also referred to as “we”).

For food orders, the contracting party (hereinafter also referred to as “we”) shall be the company from which the food is ordered and picked up. The respective companies that operate the individual Plachutta restaurants can be found at www.plachutta.at/en/imprint/.

 

2. Conclusion of Contract

All offers on our website are non-binding.

You place an order with us by selecting the desired goods, food, or vouchers in our online shop, entering your data, and clicking the button labeled “Buy Now.”

Before clicking this button, you will receive an overview of your order, your data, and the associated costs, which you can review and, if necessary, correct.

Once you click the “Buy Now” button, your order for the goods, food, or vouchers in the shopping cart becomes legally binding, and you can no longer modify it. After we receive your order, we will review it and check the availability of the ordered goods, food, and vouchers. We reserve the right to refuse orders without providing a reason.

If we accept your order, you will receive an order confirmation via email. This order confirmation establishes a binding contract between you and Mario Plachutta GmbH (or, for food orders, the company that becomes the contracting party according to Point 1) for the delivery or provision of the booked goods, food, or vouchers.

If you do not receive an order confirmation within 48 hours (for food: 3 hours) after placing your order, you are no longer bound by your order.

The contract text will be stored electronically. Upon request, you will receive an overview of your order and a copy of these GTC.

 

3. Payment, Purchase Price, Shipping Costs

The purchase price of the ordered goods, food, or vouchers is the price listed on our website at the time of the order.

In addition, we will charge shipping costs for the delivery of goods or vouchers. The amount of the shipping costs will be communicated to you before the order is finalized.

For vouchers that you can print yourself and for food ordered for pickup, no shipping costs will be charged.

All prices include VAT.

If we sell books through our online shop, these are subject to the fixed book price law of the Federal Act on Book Price Fixing.

Therefore, we may be legally prohibited from selling books below a certain price. If, due to an error on our website, a book has been listed at a lower price, we are entitled to charge the higher price. We will inform you of this, and you will have the right to withdraw from the contract at no additional cost to you.

The purchase price is due in full at the time of order submission. If no contract is concluded afterward, we will promptly refund the purchase price.

Payment can only be made using the payment methods available during the ordering process. Changes to the selected payment method after order submission are not possible.

Any refunds will be made using the same payment method you used to pay for the purchase.

Your payment will be processed by our payment service provider Wirecard (Wirecard Central Eastern Europe GmbH).

 

4. Vouchers

All “Plachutta” value vouchers purchased in the online shop are valid for three years from the date of purchase.

Vouchers cannot be redeemed for cash. If you pay with a voucher and the amount is less than the voucher value, no cash payout of the remaining amount is possible.

The vouchers can be redeemed for food and beverages at the restaurants of the Plachutta group. They can also be redeemed in the online shop. A list of the Plachutta group restaurants can be found at www.plachutta.at. The voucher is redeemed by scanning the barcode printed on the voucher. Vouchers that you print yourself can only be redeemed in printed form.

When redeeming the voucher, the contract terms valid at the time of redemption at the respective restaurant apply. Vouchers cannot be used to purchase additional vouchers.

The voucher becomes valid only upon full payment of the purchase price. If you withdraw from the contract or the contract becomes invalid, you may no longer redeem the voucher, and it will lose its validity.

 

5. Ordering Food

If you order food through our online shop and we confirm your order, you can pick up the ordered food at the specified pickup time. In cases of high demand in our kitchen, there may be delays in the preparation of the food. A delay of up to 30 minutes must be tolerated by you. If the delay exceeds 30 minutes, you are entitled to withdraw from the contract and receive a refund of the purchase price.

If you do not pick up the ordered food at the agreed pickup time, we will keep it available for pickup for one hour (but no later than the end of our business hours, which you can find on our website). After this time, we are entitled to dispose of the uncollected food. No refund will be provided, as we cannot reuse the food in this case. We cannot guarantee that the food will be kept warm if picked up late. Delivery of food is not available. The place of fulfillment is exclusively the restaurant where the pickup was ordered. Consumption of the food at the pickup location is not permitted.

 

6. Service Provision and Delivery

The delivery of the ordered goods (including vouchers) will be made—unless otherwise agreed—by a shipping service provider chosen by us to the address specified in the order. Ordered food will not be delivered (see above).

The goods will be shipped within a week after they are in stock.

If shipment of the goods is not possible for more than a month after the order, we will inform you. In such cases, you may withdraw from the contract at no cost to you. You may also withdraw from the contract at no cost if the goods do not arrive at the specified delivery address within two months of the contract conclusion (this does not apply if you are responsible for the delay).

If you purchase a voucher that you can print yourself, we will provide the voucher for download immediately after the contract conclusion and payment of the purchase price. Such vouchers are considered delivered as soon as we enable the download of the voucher.

The delivered goods and vouchers remain the property of Mario Plachutta GmbH until full payment of the purchase price.

 

7. Warranty

In the unlikely event that the delivered goods are defective, you have full statutory warranty rights (§§ 922 ff ABGB).

This means you can request us to repair the defect at our expense or exchange the goods for defect-free ones at our expense. If we are unwilling or unable to do so, you may instead request a price reduction or—if the defect is not minor—dissolution of the contract.

 

8. Packaging

Ordered books are packaged in cellophane and include a signature by Prof. Ewald Plachutta. If you request a personal dedication, the book will be unpacked, signed with the dedication, and shipped to you without cellophane packaging.

There is no entitlement to a personal dedication or to any specific dedication text.

Ordered food will be provided in standard food packaging without special temperature insulation.

For orders placed at the Plachutta Wollzeile, Plachutta Nussdorf, and Stammhaus Hietzing restaurants, instructions for the preparation or consumption of the ordered food will be included with the order. Some food items may require the addition of small amounts of common household ingredients (salt, pepper, oil, butter, milk, cream, etc.) and standard kitchen utensils. More information can be found in the instructions included with the food. Cold dishes or perishable food items must be consumed quickly or stored appropriately in a cold environment.

 

9. Right of Withdrawal

You have the right to withdraw from this contract without giving any reason within the withdrawal period. The withdrawal period is fourteen days from the day you, or a third party designated by you (who is not the carrier), received the goods or vouchers. For vouchers that you can print yourself, the withdrawal period begins when we first make the download of the voucher available to you.

To exercise your right of withdrawal, you must inform us (Mario Plachutta GmbH, Wollzeile 38, 1010 Vienna, Fax: +43 1 512 15 77-20, Email: wollzeile@plachutta.at) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

 

9.1. Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without delay and no later than fourteen days from the date we receive your notice of withdrawal from this contract. We will use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for the reimbursement.

You must bear the direct costs of returning the goods or vouchers.

You will only be responsible for any diminished value of the goods if this loss in value is due to handling that was not necessary for checking the nature, characteristics, and functionality of the goods.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

– To Mario Plachutta GmbH, Wollzeile 38, 1010 Vienna, Fax: +43 1 512 15 77-20, Email: wollzeile@plachutta.at
– I/we () hereby withdraw from the contract concluded by me/us () in the Plachutta online shop regarding the purchase of the following goods / vouchers (*):
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if notification is made on paper)
– Date
(*) Delete as applicable.

 

9.2. Exceptions to the Right of Withdrawal

If you order a book and request a personal dedication, there is no right of withdrawal for the book with the personal dedication (§ 18 Para 1 No. 3 FAGG). There is also no right of withdrawal for food orders (§ 18 Para 1 No. 4 FAGG).

 

10. Limitation of Liability

Our liability for financial damages caused by slight negligence on our part, or on the part of our employees or agents, is excluded.

 

11. General Provisions

Austrian law applies, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

You can assert disputes arising from this contract before the courts in your legal jurisdiction, as well as before the court competent for commercial matters in Vienna, Inner City.

You are only entitled to offset claims if your counterclaims are legally connected to your liabilities, are legally established, or are undisputed or acknowledged by us.

If you are a consumer within the meaning of § 1 of the Consumer Protection Act, you may also submit complaints to the EU Online Dispute Resolution platform (http://ec.europa.eu/odr).

The contract language is German.

 

12. Data Protection

Information on how we process your personal data can be found here.

Version: September 2023