Termsand Conditions (TC)

1. Scope of Application

These General Terms and Conditions (TC) apply to all orders and contracts concluded via the Hindi Cuisine website (hindi-cuisine.at) between the customer and EEES Gastro KG (hereinafter referred to as the „Provider“).

• Contractual Partner: EEES Gastro KG, Vogelweiderstraße 9, 5020 Salzburg, Austria
• Business Premises (Pickup Location & Kitchen): Hindi Cuisine, Schillerstraße 27, 5020 Salzburg
• Contact: Email: info@hindi-cuisine.at | Phone: +43 (0) 677 634 370 32

2. Conclusion of Contract

The presentation of food and beverages on the website does not constitute a legally binding offer, but rather an invitation to place an order. By clicking the button „Order with obligation to pay“ (or a corresponding clearly worded button), the customer submits a binding order for the goods contained in the shopping cart. The contract is concluded as soon as the Provider confirms the order via email or carries out the delivery/pickup.

3. Delivery and Pickup

• 3.1. Pickup: Pickup of the ordered food is possible during regular opening hours at the business premises (Schillerstraße 27, 5020 Salzburg).
• 3.2. Delivery: The delivery of food and beverages takes place exclusively during the evening hours according to the delivery times indicated on the website.
• 3.3. Delivery Times & Delays: Stated delivery times are guidelines. Delays may occur due to traffic volume, weather conditions, or high kitchen workload. In exceptional cases (peak times, poor weather), delivery may be delayed by up to 90 minutes. We ask for your understanding.
• 3.4. Availability: The customer is obliged to be present at the specified address and reachable by telephone at the agreed delivery time, plus an additional 90-minute window. If the delivery cannot be handed over due to incorrect address details or the absence of the customer, the customer shall bear the full cost of the order.
• 3.5. Rest Days, Public Holidays, and Special Opening Hours: Orders placed on rest days, Austrian public holidays, or during special opening hours (e.g., weekends or company holidays) will be delivered at a later time or prepared in the restaurant during the stated opening hours, provided the restaurant opens on that day. Orders placed on rest days will only be processed the following day. In such cases, customers will be contacted by phone to re-confirm the order for a later time. If the customer does not re-confirm following our call regarding rest days, holidays, or special opening hours, the order will be cancelled.

4. Prices and Payment

All prices are in Euro including the statutory value-added tax (VAT). The prices displayed at the time of the order apply. Payment can be made either by cash on delivery/pickup or via the electronic payment methods offered in the online shop.

5. Right of Withdrawal

• 5.1. Exclusion of the Right of Withdrawal: Pursuant to Section 18 (1) Item 10 of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG – Austrian Distance and Off-Premises Sales Act), there is no right of withdrawal for goods that can spoil quickly or whose expiration date would be quickly exceeded. This applies to all freshly prepared food and open beverages from Hindi Cuisine. These orders are binding and cannot be cancelled once preparation has begun.
• 5.2. Right of Withdrawal for Non-Perishable Goods: Should goods be ordered that do not fall under the exception of Section 18 FAGG (e.g., packaged merchandise, vouchers), consumers have the right to withdraw from this contract within fourteen days without giving reasons.
• 5.3. Exercising Withdrawal (Form): To exercise the right of withdrawal (if applicable), you must inform us of your decision by means of a clear statement (e.g., a letter sent by post or an email). No justification is required.

The declaration should be addressed to: EEES Gastro KG, Vogelweiderstraße 9, 5020 Salzburg or via email to: info@hindi-cuisine.at

The declaration must include the following information for identification:

• Full name of the customer
• Order number
• Date of order

6. Defects, Incorrect Deliveries, and Refunds

• 6.1. Incorrect Deliveries: In the event of an incorrect delivery (wrong dish, missing items), please contact us immediately. In this case, we offer:
  1. A free subsequent delivery of the missing/correct goods.
  2. Or a refund of the purchase price for the affected goods.
• 6.2. Condition for Refund: A refund or exchange in the event of quality defects or incorrect delivery will only be issued upon return of the unconsumed goods. Food that has already been consumed is excluded from refunds.

7. Protection of Minors

The sale and delivery of wine, beer, and spirits can only be made to persons over the age of 18. By placing an order, the customer confirms that they have reached the minimum legal age. Our delivery personnel are entitled to request proof of age in case of doubt.

8. Allergens and Additives

Information on allergens and additives is indicated on the menu or can be requested by telephone. As various ingredients are processed in our kitchen, cross-contamination cannot be 100% ruled out despite the greatest care.

9. Liability

EEES Gastro KG is only liable for damages in cases of intent or gross negligence. Liability for slight negligence is excluded, provided it does not involve personal injury or the breach of essential contractual obligations.

10. Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final Provisions

Austrian law applies. The place of performance and jurisdiction is Salzburg, provided the customer is a merchant or has no place of residence in Austria.