General Terms and Conditions

1. Scope and contracting party

These General Terms and Conditions (GTC) apply to contracts for consulting, analysis and other services offered under the GastroSupport brand by Cumpania OG, Am Irrsee 30, 4893 Tiefgraben, Austria.

Deviating arrangements apply only if they have been expressly agreed. Individual proposals, service descriptions and written agreements take precedence over these GTC where they contain different provisions for the specific case.

These GTC apply to businesses and, where services are offered to or validly ordered by consumers, subject to the mandatory provisions of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG).

2. Offers and conclusion of contract

2.1 Individual consulting services

Enquiries submitted via the website, email or contact form are non-binding. A contract for individual consulting services is concluded when the client accepts a specific proposal from GastroSupport or when both parties otherwise clearly confirm the engagement.

2.2 Gastro Performance Check

For the Gastro Performance Check booked online, the scope of services and price are displayed before the payment process begins. Before being redirected to payment, the client must confirm acceptance of these GTC. The contract is concluded when the payment transaction processed by Stripe is successfully completed.

After successful payment, the online questionnaire is unlocked. Payment alone does not replace the client cooperation required to perform the service, in particular completing and submitting the questionnaire in full.

3. Scope of services

The nature and scope of the services are defined by the respective proposal, the service description on the website or an individual agreement.

3.1 Gastro Performance Check

The Gastro Performance Check is a focused diagnostic snapshot based on the information and documents provided by the client. It includes, in particular, a structured assessment of the initial situation, interpretation of key business metrics, identification of central commercial opportunities and a concise results report.

The Performance Check is expressly not a complete business, tax, legal or financial audit, does not guarantee any specific financial result, and does not include operational implementation. Further consulting or implementation is only owed if commissioned separately.

3.2 Professional assessment

Consulting results are based on the information available at the time the service is provided and on the information supplied by the client. Commercial decisions and their implementation remain the responsibility of the client. GastroSupport owes professional consulting or analysis, not a specific commercial outcome.

3.3 Use of third parties

GastroSupport may use suitable employees, freelance specialists or other agents to provide the services, provided this does not materially alter the agreed service.

4. Client cooperation obligations

The client must provide all information and documents required for the service completely, accurately and in a timely manner and must inform GastroSupport of circumstances that may be material to the assessment.

For uploaded or otherwise provided documents, the client must ensure that they are authorised to disclose and use them for the commissioned purpose. Unnecessary personal data relating to third parties should be removed or redacted before submission.

Delays or additional work caused by missing, late or inaccurate information may result in corresponding changes to agreed dates. Additional work will only be charged if agreed or if it is necessary under the circumstances and reasonable for the client.

5. Prices, invoicing and payment

The prices shown in the respective proposal, service description or immediately before ordering apply. Whether an amount is shown as a gross or net price is determined by the specific price information and applicable legal requirements.

For the Gastro Performance Check, payment is made via Stripe before the questionnaire is unlocked. This is a one-time payment and does not create a subscription.

For individually commissioned services, the payment terms agreed in the proposal apply. If no specific arrangement has been made, the invoice is due for payment without undue delay after receipt.

In the event of late payment, the statutory consequences of default apply. In dealings with businesses, statutory collection costs and default interest may also be claimed.

6. Dates, deadlines and service delivery

Quoted processing times assume that all information and documents required for the service have been provided in full.

For the Gastro Performance Check, the results report is generally prepared within the period stated on the website after the questionnaire has been submitted in full; currently 3–5 business days. Processing may reasonably take longer if information is incomplete, follow-up questions are required, the scope is exceptional, or events occur outside GastroSupport’s control.

Fixed dates are binding only if they have been expressly confirmed as such.

7. Changes, additional services and cancellation of individual consulting services

Changes to the agreed scope of services require coordination. Services beyond the agreed scope may be offered and charged separately.

Cancellation and rescheduling terms for individually agreed on-site appointments may be set out in the relevant proposal. If no such terms are agreed, services already performed and non-cancellable third-party costs demonstrably incurred for the engagement may be charged to the extent permitted by law.

8. Warranty and liability

The statutory warranty provisions apply. GastroSupport will remedy any justified defects in a contractual service within a reasonable period where rectification is possible and reasonable.

GastroSupport has unlimited liability for damage caused intentionally or by gross negligence and for personal injury, unless otherwise permitted by law.

For business clients liability for slight negligence is excluded, except for personal injury and mandatory statutory liability. For indirect damage, loss of profit, unrealised savings or consequential damage, liability towards business clients exists only in cases of intent or gross negligence.

For consumers the mandatory statutory liability provisions apply; any limitation applies only to the extent legally permissible.

No liability is assumed for disadvantages substantially caused by inaccurate, incomplete or late information supplied by the client or by decisions made outside the agreed consulting scope.

9. Work results, usage rights and confidentiality

Reports, analyses, concepts, templates and other work results may be used by the client for its own business or agreed purpose. Publication, paid transfer, modification for resale or use outside the agreed purpose requires GastroSupport’s prior consent to the extent intellectual property rights apply.

GastroSupport treats identifiable confidential business and operational information of the client as confidential and uses it only in connection with the engagement, unless disclosure is required by law.

The handling of personal data is additionally governed by the Privacy Policy.

10. Consumer right of withdrawal for online contracts

This section applies only where the client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and the contract is concluded as a distance contract, in particular via the website.

10.1 Withdrawal period

Consumers may generally withdraw from a service contract concluded online within 14 days from conclusion of the contract without stating reasons. To meet the deadline, it is sufficient for the withdrawal notice to be sent before the withdrawal period expires.

Withdrawal may be declared in particular by email to office@gastrosupport.at or via the function provided on the website “Withdraw from contract” .

10.2 Commencement of service during the withdrawal period

If a consumer expressly requests that GastroSupport begin providing the service before the end of the 14-day withdrawal period, the service may commence before that period expires. If the consumer withdraws after commencement but before full performance, a reasonable proportionate amount may be payable for the service provided up to the withdrawal, provided the statutory requirements are met.

For a service contract, the right of withdrawal generally expires early only once the service has been fully performed and the consumer has previously expressly agreed to commencement during the withdrawal period and confirmed that the right of withdrawal will be lost upon full performance.

11. Data protection, communication and electronic documents

Contract-related communication may take place electronically by email. The client must keep their contact address up to date and ensure that messages from GastroSupport can be received.

Invoices, order confirmations, reports and other documents may, where legally permissible, be provided electronically or sent by email.

12. Applicable law and jurisdiction

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, where its application would otherwise be relevant.

For business clients the court with subject-matter jurisdiction at the registered office of Cumpania OG is agreed as the place of jurisdiction, insofar as such an agreement is permissible.

For consumers the mandatory statutory rules on jurisdiction and consumer protection apply; this clause does not deprive them of any mandatory rights.

13. Final provisions

If any provision of these GTC is invalid or unenforceable, the remaining provisions remain unaffected. The statutory provisions shall apply in place of the invalid provision.

As a rule, the version of the GTC made available to the client or incorporated into the contract at the time of conclusion applies.