General Terms and Conditions of TIAN Betriebs GmbH
I. Formation of Contract
1. The TIAN Betriebs GmbH 355015g operates on http://www.tian-restaurant.com/wien/, an internet portal through which various products and services can be ordered (hereafter referred to as “Online Shop”).
These general terms and conditions (AGB) are valid for all contracts emanating from the Online Shop between the TIAN Betriebs GmbH (hereafter referred to as “The Company”) and its customers.
Upon submitting an order on part of the customer, the legally-binding contract between the company and the customer enters into force. The validity of the appropriate AGB will be made known to the customer upon the placement of an order.
The placement of an order within the framework of the company’s Online Shop is highly personal and cannot be transferred to a third party. For youths under the age of 18, placement of an order can only take place with written parental consent.
2. Within the framework of the Online Shop, the company offers various products, in particular the sale of vouchers to customers, which can be redeemed for the services and product packages offered by the company (for example selected cookbooks, offers of cooking courses etc.).
The product selection presented in the company’s Online Shop does in no way represent a binding sales contract. The customer enters into the contract by clicking the “legally purchase” button. The customer is further bound by the order for 8 working days.
A legally-binding contract first enters into force via an expressed order confirmation from the company or via the delivery of the products. Should the customer receive neither a confirmation nor the products within 8 working days of placing an order, then the contract is no longer legally binding.
This point is particularly valid if the customer pays or has transferred payment for the product or service in accordance with their chosen payment method.
In the event that the company cannot fulfill the order due to any reason (such as the products being out of stock, the offer no longer being valid, long delivery times etc.) then the payment will be refunded to the customer using the same payment method.
II. Prices and Shipping Costs
The prices listed in the Online Shop include VAT. Prices are given in Euros and do not include any additional costs listed below.
No additional shipping fee is charged to deliveries of vouchers to addresses within Austria, Germany and Switzerland. For deliveries of books and other products to addresses within Austria, a shipping cost of € 4,- excluding VAT will apply. Deliveries of books and other products to addresses within Germany and Switzerland, a shipping cost of € 8,- excluding VAT will apply. For deliveries of all products, including vouchers to any other foreign country a shipping cost of € 15,- excluding VAT will apply.
III. Payment and Sales Price
The payment of the sales price can be conducted via credit card (VISA, MasterCard or Diners).
In the case of late or default payment, the customer shall pay interest on the sum due at the rate of 4 percent per year. Any claims for damages in excess thereof shall remain unaffected.
IV. Title Retention
Until the complete payment of all billed sums as well as any additional costs was made, the delivered goods remain property of the company.
V. Delivery and Delivery Times
The delivery times stated in the Online Shop and/or the delivery confirmation apply. Should a delivery time not be provided or otherwise stated then delivery will usually take place from between 4 to 7 working days.
The company is only obliged to deliver from its stock of goods. The obligation to deliver is reserved if the company is not properly supplied and/or is not supplied on time. In the case of product unavailability, the customer will be informed. In the event that the customer does not object immediately, within 3 working days at the latest, then the delivery times will be extended. In cases of product unavailability, the customer will be refunded the sales price.
The company bears no responsibility for the impairment or extension of the delivery time in cases of force majeure. In the event of a delivery time extension of over 4 weeks, the customer is entitled to withdraw from the contract.
VI. Warranty and Liability
The customer is obliged to check the product immediately upon receipt for defects and, in the event of a defect, to inform the company in writing. Failure to do so will result in the customer losing the right to any compensation of the sales price.
The company is only liable to the customer for damages caused deliberately or grossly negligent. Liability for slight negligence is therefore expressly excluded. The company is not liable for damages which occur as a result of the customer not following the instructions from the company or from a third party, or for failure to follow a product’s user manual.
VII. Cancellation Right
The customer is entitled to cancel this contract within 14 days without providing a reason. The cancellation period lasts 14 days, beginning on the day of the contract formation. To utilize your right to cancellation, you must contact us at
using a clear declaration (for example via a posted letter or email) about your decision to end this contract.
Should you make use of this option, then we will send you an acknowledgment of receipt of such a withdrawal (for example via email) without delay.
For the warranty of the cancellation period, it is sufficient that you send your intent to cancel before the end of the cancellation period.
Consequences of Cancellation
When you cancel this contract, we must pay you all sums obtained from you (with the exception of any additional costs which arise from choosing a delivery option other than our cheapest, standard delivery option) immediately, at the latest within fourteen days upon receipt of your intent to cancel. For the return of payment, we use the same payment method which was used by you for the original transaction unless we expressly arrange an alternative method. In no event will any charges apply to you for repayment.
If you have requested for services to begin during the cancellation period, then you must pay us an appropriate sum for the use of services up to the point of informing us of your cancellation of the contract. This sum will be equivalent to the use of services in comparison to the total reach of the services set out in the contract.
If you wish to cancel the contract, then please fill out this form and return it to us:
I/We hereby cancel my/our contract for the purchase of the following products (***)/ the conduct of the following services (***),
- Ordered on (***) / Received on (***)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifying on paper)
(*) Delete as applicable.
VIII. Final Conditions
For any legal disputes emanating from this contract, the appropriate court in Vienna applies.
This contract is governed by Austrian law.
Changes or supplements to this contract are to be made in written form. Waiver of the written form can only be digressed in writing.