1. Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply in principle to all legal transactions with entrepreneurs, unless the contracting parties expressly agree otherwise in writing. If, by way of exception, these GTC are also used as a basis for legal transactions with consumers, they shall only apply insofar as no mandatory statutory provisions for consumers conflict with the provisions of the GTC. The Customer's terms and conditions of purchase are excluded for the entire business relationship with the Customer, unless they have been recognized in writing by SpiritsUp GmbH in the individual business case. A lack of objection does not in any case constitute acceptance. If the Customer has concluded additional written contracts with SpiritsUp GmbH (e.g. beverage procurement contracts), it is expressly agreed that these GTC only apply insofar as they do not contradict the content of the contract.

2. Container, Deposit
Returnable containers are only made available to the customer on loan against payment of a deposit; they remain the property of the respective producer and must be returned in perfect condition as soon as possible. If the container is returned in perfect condition, the deposit will be refunded.

3. Orders
Orders are accepted by telephone as well as in written or electronic form. The customer acknowledges the validity of these GTC at the latest when placing an order. The minimum order quantity per delivery is subject to individual agreement.

Consumers have a fourteen-day right of withdrawal. Consumers are natural persons who conclude transactions that are not predominantly related to their commercial or independent professional activity.

4. Prices and Discounts
All prices quoted are exclusive of all taxes. Discounts or rebates of any kind whatsoever do not constitute any entitlement on the part of the customer to the granting of such discounts/rebates in the future.

You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website https://spiritsup.at/refund/. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).

5. Deliveries and Terms of Payment
SpiritsUp GmbH reserves the right, where payment terms have been agreed, to make delivery only against cash payment if the Customer fails to pay receivables on time, if direct debits are not honored or if the Customer's creditworthiness deteriorates. In addition, SpiritsUp GmbH is entitled to refuse deliveries entirely until the arrears have been paid in the event of late payment. SpiritsUp GmbH is entitled to refuse delivery in the absence of cash payment. The Customer is not entitled to withhold payments due to incomplete delivery or warranty claims. SpiritsUp GmbH's claims may not be offset against the Customer's alleged counterclaims unless the counterclaim has been established by a court or recognized in writing by SpiritsUp GmbH.

SpiritsUp GmbH is entitled to withhold discounts agreed with the Customer and to offset unpaid claims against the Customer. Payments by the Customer or retained discounts will be credited in accordance with the repayment rule. SpiritsUp GmbH will adhere to agreed delivery dates as far as possible. The Customer shall not be entitled to any claims for damages, warranty or other claims arising from a failure to meet announced delivery dates, unless a fixed-date transaction has been expressly agreed in writing in an exceptional individual case. Partial deliveries are possible and entitle SpiritsUp GmbH to issue a partial invoice after each partial delivery.

6 Warranty and Liability
All products sold by SpiritsUp GmbH comply with the relevant Austrian laws in terms of their quality (e.g. minimum shelf life) and presentation (e.g. labeling). In the event of export from Austria by the customer, the customer shall bear sole responsibility for compliance with the relevant provisions outside Austria, in particular with regard to food, labeling, consumer protection and competition law. Claims for damages are excluded in cases of slight negligence, except for personal injury.

7. Data/Data Protection
SpiritsUp GmbH will not disclose the Customer's personal data to third parties without the Customer's consent, unless SpiritsUp GmbH is entitled or obliged to disclose data on the basis of statutory provisions and/or official or court orders.

8 Place of performance, Applicable law and Jurisdiction
The place of performance is the registered office of SpiritsUp GmbH. Should one or more provisions of these GTC be invalid or ineffective for any reason whatsoever, this shall not affect the validity and effectiveness of the remaining provisions. Austrian law applies, but not the UN Convention on Contracts for the International Sale of Goods; the exclusive place of jurisdiction is the competent court in Vienna.