General Terms and Conditions

§ 1 Scope and Definitions

(1) Gmoakeller – Sebastian Laskowsky, Am Heumarkt 25, 1030 Vienna, Austria (hereinafter referred to as "we" or "Gmoakeller") runs an online shop for goods on the website https://www.gmoakeller.at. These general terms and conditions apply to all services between us and our customers (hereinafter referred to as "customer" or "you") in the version valid at the time of your order, unless something different has been explicitly agreed upon.

(2) A "consumer" in these terms and conditions refers to any natural person who enters into a legal transaction for purposes that are mostly not related to their commercial or independent professional activity. An "entrepreneur" is a natural or legal person or a legal partnership that acts in their commercial or independent professional capacity when entering into a legal transaction. A legal partnership is one that can acquire rights and incur obligations.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following rules about how contracts are made apply to orders placed through our online shop at https://www.gmoakeller.at.

(2) Our product displays on the internet are not binding and don't count as a firm offer to enter into a contract.

(3) When you place an order in our online shop, here's how it works: You make a binding offer to us by successfully completing the order process in our online shop. The ordering process involves these steps:

  1. Choosing the items you want,
  2. Adding products by clicking the relevant button (e.g., „Add to Cart“, „Add to Bag“, or similar),
  3. Checking the details in your cart,
  4. Going to the order summary by clicking the relevant button (e.g., „Proceed to Checkout“, „Proceed to Payment“, „To Order Summary“, or similar),
  5. Entering/checking your address and contact details, choosing your payment method, and confirming the General Terms and Conditions and cancellation policy,
  6. Completing your order by clicking the „Buy Now“ button. This is your binding order.
  7. The contract is formed when you receive an order confirmation from us at the email address you provided within three working days.

(4) If a contract is made, it's with Gmoakeller – Sebastian Laskowsky, Am Heumarkt 25, 1030 Vienna, Austria.

(5) Before you order, you can print out or save the contract details electronically using your browser's print function. We'll handle your order and send you all the necessary information related to the contract, especially your order details, the General Terms and Conditions, and the cancellation policy, by email after you place your order. Some of this is automated. We don't save the contract text after the contract is made.

(6) You can correct any input errors using your keyboard, mouse, and browser functions (like your browser's »back« button). You can also fix them by cancelling the order process early, closing the browser window, and starting over.

(7) We'll process your order and send you all the necessary contract-related information by email, some of it automatically. So, please make sure the email address you've given us is correct, that you can technically receive emails, and especially that they aren't blocked by spam filters.

§ 3 What the Contract Covers and Key Product Features

(1) For our online shop, the contract covers:

The sale of goods. You can find the specific items we offer on our product pages.

(2) You'll find the main features of the goods in the product description.

(3) For digital products, any restrictions mentioned in the product description or implied by the circumstances apply, especially regarding hardware and/or software requirements for the target environment. Unless we've specifically agreed otherwise, the contract only covers the private and commercial use of the products, without the right to resell or sublicense them.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in each offer, along with shipping costs, are total prices and include all price components, including all applicable taxes.

(2) You need to pay the purchase price before the product is delivered (prepayment), unless we specifically offer payment by invoice. You'll find the payment methods available to you under a clearly marked button in the online shop or in the respective offer. Unless otherwise stated for individual payment methods, payments are due immediately.

(3) If you choose to pay by invoice, there's no minimum order value.

(4) On top of the listed prices, shipping costs might apply for product deliveries, unless the item is clearly marked as free shipping. We'll clearly show you the shipping costs again on the offers, possibly in the shopping cart system, and on the order summary.

(5) Unless clearly stated otherwise in the product description, all products offered will be ready for pickup within a reasonable preparation time for the ordered dishes.

(6) Here are the delivery area restrictions: You need to pick up your ordered items at Gmoakeller, Am Heumarkt 25, 1030 Vienna.

§ 5 Right of Retention

(1) You can only hold back payment if the claims are from the same contract.

§ 6 Your Right to Cancel

As a consumer, you have the right to cancel. You can find all the details in our cancellation policy.

§ 7 Liability

(1) Unless we say otherwise below, we're only responsible for breaking contract duties or for unlawful acts if it was intentional or due to gross negligence.

(2) We're fully responsible for minor negligence if it leads to harm to life, body, or health, or if we break a really important part of the contract. If we're a bit negligent and we're late with our service, or can't perform it, or break an important contract duty, then our responsibility for any property or financial damage is limited to what would normally be expected from such a contract. An 'important contract duty' is something essential for the contract to work properly, where breaking it would put the whole purpose of the contract at risk, and you'd naturally rely on us to uphold it. This includes, for example, our duty to act and provide the service we promised, as described in § 3.

§ 8 Contract Language

The only language available for the contract is German.

§ 9 Warranty

(1) Our warranty is based on what the law says.

(2) For businesses, the warranty period for delivered items is 12 months.

(3) As a consumer, we kindly ask you to check the item, digital goods, or service right away for completeness, obvious defects, and shipping damage once the contract is fulfilled. Please let us and the shipping company know about any issues as soon as you can. Of course, if you don't do this, it won't affect your legal warranty rights.

§ 10 Final Provisions

(1) German law applies. For consumers, this choice of law only counts if it doesn't take away any protection you'd normally get from the mandatory laws of your home country (this is called the 'principle of favorability').

(2) The UN Convention on Contracts for the International Sale of Goods (CISG) definitely doesn't apply here.

(3) If the customer is a businessperson, a public legal entity, or a public special fund, then any disputes from contracts between the customer and us will be handled by the courts where our company is based.

Dear Guests, from Monday, July 6, 2026, through Saturday, September 5, our kitchen will be open until 10:30 p.m.!

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