KK EVENTS

AGB

  1. General Information

KK EVENTS (hereinafter referred to as “KK EVENTS”) with its business address at Breitenfurter Straße 213, 1230 Vienna operates a restaurant, a delivery kitchen, and an online shop on the website: www.kkevents.at for the sale and delivery/pickup of food and beverages. Additionally, KK EVENTS offers catering and party services. The content and services on www.kumarskitchen.com and www.kkevents.at are self-explanatory in nature, available daily, and subject to constant change. KK EVENTS is entitled at any time to change and/or discontinue the offerings on www.kkevents.at, in the restaurant, in the delivery kitchen, catering, events, and other web portals such as Lieferando, Mjam, DasEssen, TheFork, Quandoo, TripAdvisor, Google, Connex, Open Table, and other portals, in whole or in part, without giving reasons, either permanently or temporarily for all users or individual groups of users.

Scope

  1. For the business relationships between the online shop operated by KK EVENTS (hereinafter: “KK EVENTS”) at www.kkevents.at and the restaurant on the one hand, and the purchaser of goods (hereinafter: “Customer”) on the other hand, exclusively the following General Terms and Conditions (hereinafter: “GTC”) in their version valid at the time of the respective order shall apply.

Deviating terms and conditions of the Customer are not valid unless KK EVENTS has agreed to them in writing or by email before accepting the order. The Terms of Use apply to the use of the homepage. The Terms of Use apply with the User’s consent upon their registration or when placing an order for all current and future orders of the Customer..

  1. Agreements deviating from the GTC require written form to be effective.
  2. Durch die Erteilung von Aufträgen (im Restaurant, online oder per Telefon) erkennt der Kunde die AGB ausdrücklich an. Alle Vereinbarungen, insbesondere mündliche Abmachungen mit Vertretern von KK EVENTS sowie telefonische Bestellungen, bedürfen einer schriftlichen Bestätigung.
  1. Conclusion of Contract
  1. The contract language is German.
  2. The prices and offers of KK EVENTS on the website “www.kkevents.at” in the online shop are subject to change without notice and are non-binding. The webshop can be deactivated at any time.
  3. With the order placed in the restaurant and in the online shop, the customer acquires the food/products/services…

    With the order placed in the restaurant and in the online shop, the customer definitively acquires the goods/services. By placing the order, the customer expressly acknowledges these terms and conditions. Upon receipt of the order by KK EVENTS, a confirmation email will be sent to the customer’s provided email address, confirming the order placed. This order confirmation serves as acceptance of the order, thereby forming a contract between the customer and KK EVENTS immediately.

    In the restaurant, the contract between the customer and KK EVENTS is concluded when the customer enters the restaurant and orders food or drinks.

Subject Matter of the Contract

  1. The subject matter of the contract includes 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 (e.g., at least 80.00 euros), no delivery fees apply in certain districts.
  2. KK EVENTS explicitly states that the photos on the website are examples, and the actual appearance of the goods may differ from these photos. Any size and weight information provided for the products are approximate values and subject to natural variations in the products.

Order

  1. Orders can be placed from Tuesday to Saturday from 5:00 PM to 9:00 PM, and on Sundays from 12:00 PM to 8:00 PM. Order processing occurs exclusively during opening hours. No orders will be processed or deliveries made on Mondays. For events where KK EVENTS provides catering and/or service staff, individual written agreements are required.
  2. Orders must be placed no later than 9:00 PM on the same day for delivery or pickup. For special catering and party services, delivery times must be arranged individually with KK EVENTS.
  1. Pickup
  1. Pickup is only possible by appointment during the opening hours of the respective branch/location.
  2. The pickup takes place at the specified branch/location indicated during the order, at the desired pickup time chosen by the customer.
  3. KK EVENTS will have the ordered goods ready at the desired pickup time and at the specified branch/location for a period of 30 minutes from the requested pickup time. If the pickup does not occur within 30 minutes from the requested pickup time, KK EVENTS is not obligated to continue making the ordered goods available.

III. 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. The customer is responsible for all costs resulting from incorrect, incomplete, or unclear information provided.
  2. Deliveries are exclusively made 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 during the following times:
    – Tuesday to Saturday: 5:00 PM to 9:00 PM
    – Sunday: 12:00 PM to 8:00 PM
  2. Mondays – Closed
  1. Delivery is only possible within the city limits of Vienna and in specific districts of Vienna, which are announced by KK EVENTS on the homepage kkevents.com and may be subject to change at any time..
  2. For each delivery, a delivery fee of EUR 9.90 (nine euros and ninety cents) may be charged, depending on the delivery district and minimum order amount. If the minimum order amount (EUR 80.00) is reached, no delivery fees apply in certain districts.
  3. Tip: An amount voluntarily paid by the customer, intended for the delivery person of the order.
  4. 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 – 10:00 PM
    – Saturday: 5:00 PM – 10:00 PM
    – Sunday: 12:00 PM – 9:00 PM
    – Monday: Closed

    During lockdown, opening hours may vary. Opening hours are subject to seasonal changes and may be modified at any time.

Prices and payment terms

  1. All prices are stated in EURO and include the applicable statutory value-added tax (10% or 20%).
  2. When ordering goods from our online shop at KK EVENTS,, the Payment before delivery Online shop. For pick-up, customers have the option of cash payment or card payment. On-site payment options are available, however, customers have the option to pay for the ordered goods online in advance.
  3. At Ordering and payment on our online shop (www.kkevents.at) is followed by delivery or pickup. Payment exclusively by credit card (Visa, MasterCard, EPS, and PayPal) is possible. For home delivery, customers also have the option to pay with a bank card, credit card, or cash.
  1. Promotion & Voucher: Voucher Conditions:
    1. -“20% or -10% promotional voucher is valid only at the restaurant (no delivery or takeaway). NOT valid for Mjam, Lieferando, DasEssen, The Fork, Quandoo, Sodexo, Edenred, Connex, Gourmet 24, other portals, and lunch menus!”
    2. 10% and 5% online discount when entering the voucher code starting with KK** on the website www.kkevents.at, valid only for online purchases, cannot be redeemed at the restaurant. Voucher is not valid for Mjam, Lieferando, The Fork, Qandoo, Open Table, Sodexo, Edenred, Connex, and lunch menus.
    3. -The 10% voucher in the form of a business card is only valid in the restaurant, cash redemption is not possible.
    4. For self-pickup, customers can receive 1 free 0.25L non-alcoholic beverage per invoice when the minimum order value of 25.00 Euro is reached. This offer does not apply to lunch specials or daily specials.
    5. Only one voucher can be redeemed per order. Combining vouchers with promotional vouchers or other vouchers is not possible.
    6. Vouchers have no cash value, are non-transferable, and must not be sold.
    7. Vouchers or promotional coupons are not redeemable for cash.
    8. Vouchers or promotional coupons must be presented to the waiter/cashier before placing the order to apply the discount.
    9. The redemption of vouchers for orders that have already been placed or are in progress is not allowed.
    10. Vouchers and promotions do not apply to lunch menus, other special or daily offers.
    11. For telephone or written reservations, customers must notify the voucher in advance (Connex), e.g., via email.
    12. Vouchers and promotional coupons do not apply to lunch menus, company parties, events, or similar occasions.
    13. Validity as per flyer or advertisement, date as per voucher.
    14. This promotion can be revoked at any time.
    15. Vouchers and promotional coupons do not apply to lunch menus or special promotions (e.g., The Fork, TripAdvisor or Quandoo, Mjam, Lieferando, DasEssen or Connex, Gourmet 24, and other portals).
    16. Does not apply to room rental, event rooms, catering, events, or similar services.
    17. The terms and conditions of KK EVENTS apply – as stated on the website.

Dear dog owners, please note that only small dogs are allowed in our restaurant. We are happy to offer you a place in our guest garden. We kindly ask for 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 charges, the delivered goods/food/drinks/service remain the sole and unrestricted property of KK EVENTS.
  3. Liability/Warranty
  4. The liability of KK EVENTS is limited to damages caused intentionally or through gross negligence. Any mandatory legal liability provisions remain unaffected by this.
  5. All products are inspected by KK EVENTS before delivery or preparation in the store/kitchen. It is essential to observe the instructions regarding the shelf life and storage of the goods. It is recommended to consume hot food immediately after delivery or serving. If the products purchased from KK EVENTS are not stored properly or consumed at a later time, all warranties and liabilities from KK EVENTS are void.
  6. Defects that cannot be immediately detected despite careful inspection (during food packaging or serving) must be reported promptly upon discovery, after receiving the goods. Otherwise, they will be deemed accepted.
  7. KK EVENTS strives to resolve disruptions as quickly as technically and economically feasible. However, KK EVENTS does not guarantee or accept liability for uninterrupted access to kumarskitchen.com, harrisbistro.com, kkevents.at, or for ensuring that desired connections are always established. KK EVENTS reserves the right to temporarily suspend services, particularly to interrupt data connections or limit their duration, as necessary for essential operational tasks or to prevent disruptions in use. Continuous operation of www.kkevents.at is therefore not guaranteed.

    It is noted that the contractual provision of services depends on external third parties such as mobile network operators or internet providers, who are not agents or contractors of KK EVENTS. KK EVENTS assumes no liability for damages caused by such third parties, nor for damages resulting from network failures or other circumstances beyond its control (e.g., IT disruptions, power outages, force majeure, etc.). Accordingly, all warranty claims, claims for damages, and any other claims against KK EVENTS by customers are entirely excluded, except where such exclusion is prohibited by law.

    In the event of disruptions at KK EVENTS’ restaurant or online store, especially if caused by failures in forwarding through online platform partners (e.g., Lieferando, Mjam, Icks, TheFork, Quandoo, DasEssen, Connex, Proudcloud, etc.), customers have no legal claims against KK EVENTS. Furthermore, KK EVENTS’ liability is excluded to the extent that the damage was not caused by intentional misconduct or gross negligence on the part of KK EVENTS.

     
  8. Exclusion of warranty and other liability:
  9. KK EVENTS assumes no warranty or liability whatsoever in relation to the contractual relationship between the customer and any third party or company. Accordingly, all warranty claims, claims for damages, and any other claims against KK EVENTS by customers are entirely excluded. This applies in particular to the timeliness of services, the quality, functionality, and scope of goods, food, or services, as well as the correctness or redeemability of promotions, discounts, winnings, etc…
  10. Termination of contract and cancellation of order
  11. Due to the perishable nature of the offerings, customers are not allowed to terminate the contract. Orders cannot be terminated by the customer. A cancellation of the order with KK EVENTS is only possible for the customer if KK EVENTS expressly states that cancellation of the order by the customer is possible.
  12. KK EVENTS reserves the right to cancel the order, for example, if the offer is no longer available, if the customer provides incorrect or non-functional telephone numbers or contact details, or in cases of force majeure. KK EVENTS is also entitled to reject all (future) orders from the customer if such reasons exist.
  13. If the customer places an incorrect order (such as providing incorrect contact information, not paying, or not being present at the delivery or pickup location to receive the order), or otherwise fails to fulfill obligations under the contract, KK EVENTS reserves the right to reject future orders from this customer.
  14. KK EVENTS reserves the right to reject orders and terminate contracts if there are reasonable doubts about the accuracy or authenticity of the order or contact information, or if KK EVENTS does not wish to enter into a contract with the customer. If the customer places orders that are demonstrably false or fraudulent, KK EVENTS reserves the right to report this to the police.
  15. This appears to be a provision regarding the right of withdrawal for party rooms, rental spaces, and catering services (not applicable to daily deliveries):

    “To exercise the right of withdrawal, the customer must inform KK EVENTS, Breitenfurter Straße 213, 1230 Vienna, Tel: +436645005846, Email: event@kkevents.at, with a clear statement at least 14 (fourteen) days (e.g., by post or email) of their decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

    In the event of withdrawal, the following withdrawal form must be completed and returned to KK EVENTS (Appendix I):

    To
    KK EVENTS
    Breitenfurter Straße 213,
    1230 Wien
    Tel: +436645005846
    Email: event@kkevents.at

    I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods/food/drink:

    Ordered on (*)/received on (*):
    Name of consumer(s):
    Address of consumer(s):
    Consumer(s) signature (only if this form is notified on paper):
    Date:

    (*) Delete as appropriate”

    This text outlines the procedure and necessary details for customers to exercise their right of withdrawal effectively.

    .

  1. Consequences of withdrawal: If the customer withdraws from the contract, KK EVENTS shall refund all payments received from the customer, minus cancellation fees and processing charges, within 14 (fourteen) days from the day on which KK EVENTS receives the notification of withdrawal from the contract. KK EVENTS will use the same means of payment for the refund that the customer used for the initial transaction, unless otherwise expressly agreed. KK EVENTS may withhold the refund until they have received the goods, utensils, dishes, or other items intact if provided for a catering, party, or event.

    The customer shall bear the cost of returning the goods.

    3.5

  1. The right of withdrawal according to §18 FAGG (Fern- und Auswärtsgeschäfte-Gesetz) is excluded for distance contracts concerning goods that can perish quickly or whose expiration date would quickly be exceeded (thus for all foods and 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 does not invalidate the entire contract or all of the terms and conditions. The remaining contract content or terms and conditions remain unaffected. Any ineffective provisions will be replaced by new provisions that achieve the same economic outcome.
  3. The place of performance is agreed to be the business address of KK EVENTS at Breitenfurter Straße 213, 1230 Vienna.
  4. For the resolution of all disputes arising from the contractual relationship, the competent court in Vienna shall have exclusive jurisdiction. If the customer is a consumer within the meaning of the KSchG (Consumer Protection Act), this jurisdiction is agreed upon only if the customer has their domicile, habitual residence, or place of employment within the jurisdiction of this court.
  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 (Consumer Protection Act), this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state where the consumer has their habitual residence.
  6. The use of texts, excerpts, images, or data from the website and their reproduction requires prior consent from KK EVENTS.
  7. All images used on this website are subject to copyright laws and are the property of KK EVENTS. Any use of these images requires prior consent from KK EVENTS.
  8. Any changes to the terms and conditions can be read by the customer on the website kumarskitchen.com. If and as long as the revised terms and conditions are not accepted by the customer, no orders can be placed with KK EVENTS. KK EVENTS is at any time without stating reasons entitled to change the specific design of the KK EVENTS website in every respect, especially its graphical representation, payment methods, and technical implementation, the programming languages used, databases, communication protocols, data formats supporting web browser types and versions. KK EVENTS is also at any time without stating reasons entitled to completely discontinue the KK EVENTS website.

    You can reach us as follows:

    KK EVENTS

    Breitenfurter Straße 213, 1230 Vienna

    Commercial Register Number: FN 527543 z

    VAT Number: ATU75402645

    Email: event@kkevents.at

    Tel.: +436645005846

    www.kkevents.at