Terms and conditions

This English translation is provided for information only. The German version is legally binding.

Holzmann-Trading e.U., owner Patrick Holzmann, Radweg 1, 2453 Sommerein, Austria
Company register: FN 405210y, Regional Court of Korneuburg · VAT ID: ATU68231059
Last updated: 31 October 2026

A. General

A.1 Scope. These terms and conditions apply to all contracts between Holzmann-Trading e.U. ("we") and our customers for food truck catering (Part B), the placement and operation of vending machines (Part C) and the sale of AI smart fridges (Part D). Deviating terms of the customer only apply if we agree to them in writing.

A.2 Consumers and businesses. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), these terms only apply to the extent that they do not conflict with mandatory consumer protection provisions. These rights remain unaffected in all cases.

A.3 Offer and conclusion of contract. Information and prices on our website are non-binding and do not constitute an offer in the legal sense. An enquiry via the website is not yet an order. A contract is only concluded when we send a quote in writing (including by email) and the customer accepts it in writing, or when we confirm an order in writing.

A.4 Prices. The prices stated in the respective quote apply. Prices for consumers include VAT. Unless stated otherwise, prices for businesses are net plus statutory VAT.

A.5 Payment. Unless otherwise agreed in the quote, invoices are payable immediately upon receipt without deduction. In the event of late payment, we charge consumers statutory default interest (§ 1000 ABGB) and businesses default interest under § 456 UGB, as well as reasonable dunning and collection costs where necessary for appropriate legal enforcement.

A.6 Liability. We are only liable for damage caused intentionally or through gross negligence. This limitation does not apply to personal injury, nor where mandatory law (in particular the Product Liability Act or § 6 (1) no. 9 KSchG) provides for further liability. Towards businesses, we are not liable for loss of profit or consequential damage, to the extent permitted by law.

A.7 Governing law and jurisdiction. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. Towards consumers, this choice of law only applies insofar as it does not deprive them of the mandatory protection of the law of their country of residence. The place of jurisdiction for businesses is the court with subject-matter jurisdiction for 2453 Sommerein. For consumers, the statutory places of jurisdiction apply (§ 14 KSchG).

A.8 Data protection. Information on the processing of personal data can be found in our privacy policy.

B. Food truck catering

B.1 Services. We supply food and drinks as per the quote and prepare them on site in our vehicles, including staff. We choose the vehicle to suit the requirements of the event. Requests for a particular vehicle are considered by arrangement and depending on the desired menu.

B.2 Minimum order. Per-person packages can be booked from 30 guests or a minimum spend of €1,000.

B.3 Number of guests. Please let us know the final number of guests no later than 7 days before the event. We charge at least this number. If more guests attend, we charge for the portions actually served.

B.4 Customer's obligations. The customer ensures:

• a drivable and level pitch for the vehicle,
• a three-phase power connection (at least 16 A, 400 V, CEE) close to the pitch,
• the necessary permits for the venue (e.g. access, landowner's consent), unless otherwise agreed.

If any of these requirements is not met and we are therefore unable to perform, or can only perform to a limited extent, we retain our claim to the agreed fee less any expenses saved.

B.5 Deposit and payment. Upon order confirmation we invoice a deposit of 50% of the order value. The date is only firmly reserved once the deposit has been received. The remaining 50% and any additional services (e.g. additional guests) are invoiced after the event and are payable immediately upon receipt of the invoice in accordance with A.5.

B.6 Cancellation by the customer. In the event of cancellation, we charge:

• up to 90 days before the event: free of charge – any deposit already paid will be refunded in full,
• 89 to 3 days before the event: 50% of the order value,
• from 2 days before the event or in the event of no-show: 100% of the order value for businesses, 90% of the order value for consumers.

The date of receipt of the written cancellation (including by email) is decisive. Any deposit already paid will be credited. The customer is free to prove that we have suffered no loss or a lower loss. Towards consumers, the cancellation fee is subject to judicial moderation (§ 1336 (2) ABGB).

B.7 No right of withdrawal under FAGG. If a catering contract is concluded with consumers at a distance (e.g. by email), there is no right of withdrawal pursuant to § 18 (1) no. 10 FAGG, as it concerns the supply of food and drinks on an agreed date.

B.8 Weather and force majeure. If we or the customer cannot perform due to force majeure (e.g. severe weather warning, official ban), the date will be postponed where possible. If this is not possible, the mutual obligations lapse. Payments already made will be refunded less any costs demonstrably incurred.

B.9 Allergens. On request, we provide information on the allergens contained in our food in accordance with the Food Information Regulation. The customer informs us of any particular intolerances of guests before the event.

B.10 Event and festival catering. For direct sales to guests at markets, trade fairs and festivals, a separate agreement with the organiser governs the pitch fee, revenue share and billing.

C. Vending machine placement (full service)

C.1 For the placement of vending machines and AI smart fridges that we operate ourselves, we conclude a separate written placement agreement with the location provider. It governs in particular the location, term, termination, electricity costs, commission and insurance.

C.2 The machines remain our property. We take care of restocking, cleaning, maintenance and accounting. The location provider makes the agreed space and a power connection (230 V) available.

C.3 Unless the placement agreement provides otherwise, Part A of these terms applies additionally.

D. Sale of AI smart fridges

D.1 Customers. We sell AI smart fridges exclusively to businesses within the meaning of § 1 UGB and § 1 KSchG and to legal entities under public law (e.g. municipalities). We do not sell to consumers.

D.2 Prices. The prices stated on the website are net starting prices. The final price is set out in the quote. In Austria we charge 20% VAT in addition. Deliveries to businesses in Germany, Slovakia and other EU member states with a valid VAT ID are made as tax-exempt intra-Community supplies; the customer confirms its VAT ID for this purpose. Deliveries to Switzerland are made by separate agreement (export and customs clearance).

D.3 Deposit and order. A deposit of 50% of the purchase price is due upon ordering. The balance is payable before delivery; we deliver once full payment has been received.

D.4 Delivery. Once all details have been clarified, we generally deliver in-stock units within Austria within 2 weeks. Delivery times are non-binding unless expressly agreed in writing as fixed. Delivery is by freight carrier to the agreed address. The customer ensures suitable access and an installation site at ground level or accessible by lift. Delivery costs are shown separately in the quote.

D.5 Transfer of risk. Risk passes to the customer upon handover of the unit.

D.6 Retention of title. The unit remains our property until paid in full.

D.7 Duty to inspect and give notice of defects. The customer inspects the unit upon handover. Defects must be notified to us in writing without delay pursuant to § 377 UGB, at the latest within 7 days of handover or discovery. If notice is not given, warranty and damage claims relating to the defect can no longer be asserted.

D.8 Statutory warranty. Notwithstanding the statutory period, the warranty period is 12 months from handover. The presumption that a defect existed at handover (§ 924 ABGB) is excluded; the customer must prove that the defect existed at handover. We remedy defects at our discretion by repair or replacement. Excluded is damage caused by improper use, lack of maintenance, third-party interference and normal wear and tear.

D.9 Manufacturer's warranty. In addition to the statutory warranty, the manufacturer grants a 2-year warranty on the AI smart fridges from handover. Scope and conditions are governed by the manufacturer's warranty terms, which we provide to the customer with the quote. Please report warranty claims to us; we are your contact in Austria and handle the claim with the manufacturer. The manufacturer's warranty does not limit statutory warranty rights.

D.10 Replacement guarantee for recognition errors. In addition, the manufacturer reimburses losses of goods demonstrably caused by an error of the AI recognition, in accordance with its respective guarantee terms. This guarantee is given by the manufacturer, not by us.

D.11 Software, payments and data. Operation requires a mobile or internet connection and the manufacturer's software. Customer payments at the unit go directly to the operator's merchant account. Neither the manufacturer nor we hold customer funds. The operator is responsible for lawful use, in particular for signage regarding camera recognition, price labelling, food hygiene and youth protection.

D.12 Training and service. We provide delivery, set-up, software configuration and training as agreed in the quote. Service and spare parts outside the statutory warranty and the manufacturer's warranty are charged according to effort.