Terms of service

  • 1 Geltungsbereich
  1. The General Terms and Conditions (hereinafter referred to as "GTC") described on this page apply to contracts concluded for the supply of goods and booked services, between the customer, including its legal successors, and Vargas Brun Gastronomie & Consulting GmbH (hereinafter referred to as "GOTA"), including its legal successors. 
  2. The contracts within the scope of the GTC must have been concluded via the online shop www.gota.coffee, including the domains forwarded to it. Further information on the ordering process and conclusion of the contract can be found in §2.
  3. GOTA reserves the right to adapt and amend the GTC accordingly. The contract is concluded exclusively on the basis of the GTC valid at the time of the order or booking.
  4. Customers according to §1 (1) are both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. An entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial, self-employed or freelance purposes.
  5. German is specified as the contractual language.
  • 2 Orders and conclusion of contract
  1. The illustration of products in the online shop operated by GOTA www.gota.coffee does not constitute an offer, but only an invitation to place an order. By completing the electronic ordering process via the online shop, you can order goods. When you select one or more products, the latter are placed in the virtual shopping basket. The products placed in the shopping basket can be further processed there. This includes changing the order quantity, as well as completely removing a product from the shopping basket. By clicking on the "Check out" button, you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By pressing the "Pay now" button, the ordering process is completed.
  2. Your order constitutes a binding offer. The statutory right of revocation/right of withdrawal (see point 10) remains unaffected. The confirmation of receipt of the order follows automatically immediately after the order has been sent and does not constitute per se acceptance of the contract by GOTA. We can accept your order by sending an order confirmation by e-mail or by delivering the goods.
  3. In the absence of any other agreement or announcement, our promotional offers are subject to change.
  • 3 Prices
  1. Discount codes are not applicable to already reduced products or product ranges. In addition, multiple discount codes cannot be combined with each other. Only one discount code or promotion can be applied per order.
    The prices for products may vary over time. Therefore, the prices listed for the products at the time of the order apply to the conclusion of the contract. All prices quoted already include VAT, which is subsequently paid to the tax office by GOTA.
  2. Any fees due to foreign currency transactions or exchange rate fluctuations are not included in the price and are therefore to be borne by the customer.
  3. If shipment to a third country outside the European Union (EU for short) or the European Economic Area (EEA for short) is agreed, the customer shall bear all additional costs incurred as a result, in particular customs duties and import taxes.
  • 4 Payment methods & due date
  1. The following payment methods are accepted in the online shop operated by GOTA: Credit card (Visa, Mastercard, American Express, Diners Club) Paypal, and instant bank transfer.
  2. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will only be delivered after the amount has been credited to our bank account.
  3. By placing an order via the electronic online shop of GOTA, the customer also agrees that credit notes and invoices will be sent exclusively in electronic form.
  • 5 Shipping costs & delivery conditions
  1. Delivery within Austria is free of charge from an order value of 1kg. For an order value of less than 1kg, the shipping costs between EUR 1.2 and EUR 15 are to be borne by the customer. Delivery outside Austria to countries of the European Union is free of charge from an order value of EUR 150. If the order value is less than 150 EUR, the shipping costs of approximately 15 EUR are to be borne by the customer.
  2. The costs for a possible EMS shipment (Express Mail Service) are to be borne by the customer.
  3. GOTA is entitled to partial deliveries and partial services. GOTA shall bear the additional costs incurred thereby.
  4. Delivery dates or deadlines that are bindingly agreed upon must be in writing in order to be fully valid.
  5. Should the goods not be available due to force majeure or the discontinuation of production by a supplier, or should GOTA not be able to procure and have produced the ordered products under reasonable conditions, and should these circumstances only occur after conclusion of the contract and are not the responsibility of GOTA, GOTA shall be released from the obligation to deliver. Should events occur which make delivery significantly more difficult or impossible for GOTA, including strikes, environmental and other disasters, official orders or similar, GOTA shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.
  • 6 Warranty
  1. The provisions regarding the statutory warranty shall apply. The warranty period is two years from acceptance of the goods.
  2. If the delivery item is defective or lacks warranted characteristics or becomes defective within the warranty period due to manufacturing or material defects, GOTA shall, at the customer's option, deliver a replacement or remedy the defect accordingly. GOTA may refuse the chosen form of subsequent performance if this is only feasible at disproportionate cost.
  3. All complaints must always be made in writing (e-mail, fax or letter) and must be reported to GOTA at info@gota.coffee as soon as possible after the defect has occurred.
  • 7 Disclaimer 
  1. Claims for damages on the part of GOTA are excluded in cases of slight negligence. However, this does not apply to personal injury or product liability claims.
  2. The same applies if products are not correctly displayed on the website due to technical problems, typing errors or any other display errors and inaccuracies.
  • 8 Default of acceptance and undeliverability
  1. The period of time for which a parcel not accepted by the customer or undeliverable is made available depends on the destination of the respective order and is governed by the conditions of the respective postal service provider operating in that country.
  2. In the event of the return of an unaccepted or undeliverable parcel by the respective postal service provider, the customer shall in any case bear the costs incurred thereby. GOTA shall be entitled to offset the amount in question against any payments made previously.
  3. In this case, the contract shall be deemed terminated unless GOTA declares otherwise in writing. GOTA undertakes to transfer back previous payments less the costs incurred under §8 (2) within 14 days of receipt of the package.
  • 9 Retention of title
  1. The ordered goods remain the property of GOTA until full payment by the customer.
  2. In the event of default of payment by the customer, GOTA shall be entitled to assert all rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless GOTA expressly declares its withdrawal from the contract.
  • 10 Right of withdrawal / right of cancellation
  1. Pursuant to Section 3 of the Consumer Protection Act, insofar as the customer is a consumer and not a company, the customer has the right to revoke the contract that has arisen within the framework of these General Terms and Conditions within fourteen days without stating reasons.
  2. The right of withdrawal is fourteen days from the day of the conclusion of the contract or from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
  3. In the case of a contract for several goods which the customer, as a consumer, has ordered as part of a single order and which are delivered separately, the withdrawal period shall also be fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the last goods.
  4. In order to exercise the right of withdrawal, the customer must inform GOTA by means of a clear declaration in writing (for example via letter or e-mail) of the decision to withdraw from the contract concluded under these GTC.
  5. In order to comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the cancellation right before the expiry of the cancellation period.
  6. The right of revocation expires as soon as the customer puts the shipped goods in a condition that makes further sale impossible. This includes gross soiling and damage that cannot be removed by GOTA and, above all, the opening of the packaged coffee products, as these are perishable foodstuffs.
  7. If the order is for a service, such as participation in a workshop, and if this workshop has already taken place within the 14-day period, the right of withdrawal shall also not apply.
  • 11 Consequences of withdrawal / revocation
  1. If the customer revokes a contract arising under these GTC as a consumer, GOTA will refund the total order value including the delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by us was chosen) without undue delay and at the latest within fourteen days from the day on which we received the notification of the revocation of this contract. For this repayment, GOTA shall use the same means of payment that was used in the original transaction, unless another means of payment has been expressly agreed.
  2. GOTA may refuse repayment until the goods have arrived back at the place of dispatch.
  3. The costs of the direct return of the goods shall be borne by the customer. This also applies to charges which are returned by the respective postal service provider in the event of undeliverability or default in acceptance of the parcel by the customer or if the customer does not use the enclosed return slip and thereby causes additional costs for GOTA.
  4. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the condition, properties and functioning of the goods.
    The customer shall return or hand over the goods to GOTA Coffee Experts, Mariahilferstraße 152, 1150 Vienna, without undue delay and in any case no later than within fourteen days from the day on which GOTA was informed of the revocation of the contract arising under these GTC. The deadline is met if the goods have been dispatched before the expiry of the period of fourteen days.
  • 12 Data protection
  1. All personal data is treated confidentially in accordance with the provisions on data protection and is collected and processed exclusively in accordance with the provisions of the Federal Data Protection Act. Further information is available to the customer under Privacy Policy.
  2. Within the framework of the conclusion of the contract arising from these General Terms and Conditions, the customer expressly agrees that personal data such as name/company, e-mail address, delivery and invoice address as well as the account or credit card data are automatically determined, processed and stored by GOTA for the purpose of fulfilling the contract and processing the order as well as for its own advertising purposes, e.g. the sending of advertising mailings, newsletters, production information or other company-related information.
  • 13 Online dispute resolution
  1. The official EU Commission platform for online dispute resolution (ODR platform) can be found here: http://ec.europa.eu/odr
  • 14 Severability clause
  1. Should one or more clauses of these GTC be invalid in whole or in part or become invalid due to statutory provisions or case law, the remaining provisions of these GTC shall remain valid unchanged.
  • 14 Jurisdiction and applicable law
  1. To the extent permitted by law, the application of Austrian law is agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. To the extent permitted by law, the competent court for all disputes between the contracting parties shall be the Commercial Court in Marxergasse 1a, 1030 Vienna.