Scope of General Terms and Conditions
1. Afterparty® VT GmbH
I. Afterparty® VT GmbH
Afterparty® VT GmbH (hereinafter referred to as "Afterparty®") is a limited liability company with its business address at Millonigweg 9, 9523 Landskron, registered in the commercial register of the Klagenfurt Regional Court under FN 590626 v, and operates an online shop on the website www.drinkafterparty.com. These General Terms and Conditions ("GTC") apply to all orders placed by the customer (the "Customer", collectively referred to as Afterparty® and Customer) via Afterparty®'s two online shops, each in the version valid at the time of ordering. If the customer is a business entity, these GTC also apply to orders placed by telephone, email, order form, or direct sales.
2. Conclusion of Contract
II. Conclusion of Contract
I. By clicking the "Pay Now" button, the customer submits a binding offer to conclude a contract with Afterparty®. The acceptance of this offer and thus the conclusion of the contract occurs when Afterparty® sends the customer an order confirmation by email to the email address provided by the customer.
II. In addition to online ordering, business customers have the option to place orders by telephone, email, order form, or direct sales as well as via www.drinkafterparty.com. The processing and acceptance of these orders are based on the same principles as set out in Clause 2.1 of these GTC.
III. The contract language is German.
3. Prices and Payment Conditions
III. Prices and Payment Conditions
I. The prices displayed on the Afterparty® website at www.drinkafterparty.com include statutory value-added tax. Shipping costs are not included in the indicated price but are shown separately.
II. Business customers also have the option of payment by invoice.
III. Payment by invoice must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
IV. In case of default in payment, Afterparty® is entitled to charge default interest from the respective due date.
4. Delivery Terms and Shipping Costs
IV. Delivery Terms and Shipping Costs
I. The ordered goods will be delivered to the delivery address specified by the customer using a common shipping method chosen by Afterparty®.
II. The costs for shipping the goods to the delivery address specified by the customer will be invoiced separately from the price of the goods.
III. The shipment of the goods is at the customer's risk. If the customer is a consumer, the risk of loss or damage to the goods passes to the customer upon delivery of the goods to the customer or a third party designated by the customer. If the customer, who is a consumer, has concluded the transport contract himself without using a shipping method proposed by Afterparty®, the risk passes to the customer upon delivery of the goods to the carrier.
5. Set-off Ban
V. Set-off Ban
I. The customer is not entitled to set off claims against Afterparty® with counterclaims.
6. Subscription
VI. Subscription
I. If Afterparty® offers this in the online shop, the following provisions apply to subscriptions ("subscription"):
II. When you subscribe, you will receive recurring deliveries of the products you have chosen. The frequency of deliveries depends on the frequency you have selected for your subscription. There is no minimum order quantity. If a certain order quantity is exceeded, you will receive a discount. The exact regulations can be found in the respective FAQs on the website.
III. The fees for the subscription are generally due in advance (before each respective delivery). Shipping costs are additionally indicated on the website during the ordering process and must be accepted by the customer when confirming the order. If we cannot process your subscription order using the payment method you provided when ordering and no other payment method is provided within a reasonable period of time after request, your subscription will be canceled.
IV. The subscription is entered into for an indefinite period. If you want to cancel or change your subscription, you can do so at any time. You can do this directly in the customer portal (either through your Afterparty® Club account or through the links to the customer portal contained in your order confirmation emails). A cancellation or change of the subscription becomes effective for the next delivery cycle. If a subscription product is not available at the planned delivery date, you will be informed by email and have the choice to wait until the product is available again, cancel or change the subscription regarding this product.
V. Afterparty® is entitled to terminate the subscription at any time for good cause, especially in case of fraud or abuse, repeated default of payment, or discontinuation of the entire offer or individual products, or if the continuation of the subscription contract has become unreasonable for environmental reasons.
VI. Afterparty® is entitled to adjust the price of the ordered products during the term of the subscription at its reasonable discretion. An adjustment is made in response to cost increases or decreases based on external circumstances beyond its control (including changes in laws, cost changes by manufacturers, suppliers, shipping service providers, external service providers or subcontractors, cost changes in production and licensing, as well as general and substantial cost changes due to economic inflation or deflation). You will be informed about upcoming price changes of your subscription in a timely manner before the next delivery cycle by email. You can object to the upcoming price change until the expiry of the deadline mentioned in this email by canceling your subscription. Otherwise, announced price changes are considered accepted by you.
VII. Changes to these GTC will be communicated to subscription customers by Afterparty® at least 30 days before they take effect by sending the contract text to the email address most recently provided by the customer. If the customer does not object to the changes within 30 days of receiving the aforementioned notification in writing by email to info@afterparty.com, the changes are deemed accepted. In the event of timely objection by a customer, the contractual relationship between this customer and Afterparty® continues in accordance with the GTC as they were before the announced changes.
7. Retention of Title
VI. Retention of Title
I. The goods remain the property of Afterparty® until full payment has been received. Resale is only permitted if Afterparty® has been informed in advance and the next buyer, stating the name or company and the exact (business) address, and Afterparty® approves the sale. With Afterparty®'s approval, the purchase price claim is hereby assigned to Afterparty®, and Afterparty® is entitled to inform the buyer about this assignment at any time.
8. Warranty
VIII. Warranty
I. The statutory warranty provisions apply.
II. Warranty is excluded for defects caused by the customer. This is particularly the case with improper handling.
III. If the customer is a business entity, the following deviations apply:
IV. It is the customer's responsibility to inspect any defects in the goods immediately upon receipt. Any defects found must be reported to Afterparty® in writing, describing the defect, immediately, but no later than 7 days after receipt. Concealed defects must be reported immediately upon discovery. If no or no timely complaint is made, the goods are deemed approved and accepted by the customer, thereby excluding warranty and damages claims as well as the right to complain about defects. The presumption rule of § 924 of the Austrian Civil Code is excluded.
V. Afterparty® reserves the right to fulfill the warranty claim at its discretion through improvement, replacement, price reduction, or withdrawal.
9. Liability
IX. Liability
I. Afterparty® is liable to customers if damages are caused intentionally or through gross negligence. The liability of Afterparty® for slight negligence - with the exception of personal injury - is excluded.
II. To the extent permitted by law, Afterparty®'s liability is limited to the amount of the purchase price of the products purchased by the customer.
III. Afterparty® excludes any liability for indirect damages, lost profits, lost interest, unrealized savings, consequential and pecuniary damages, or damages due to third-party claims.
IV. Force majeure, labor disputes, natural disasters, as well as other circumstances or reasons beyond Afterparty®'s control that delay the performance of a contract, are in no case attributable to Afterparty®.
V. If the customer is a business entity, claims for damages can only be asserted within six months from the knowledge of the damage and the party causing the damage, but in any case within three years from the occurrence of the claim.
10. Right of Withdrawal for Consumers
X. Right of Withdrawal for Consumers
I. Consumers within the meaning of the Consumer Protection Act have the following right of withdrawal:
II. The customer has the right to withdraw from the contract within fourteen days without giving any reason.
III. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, takes possession of the goods.
IV. To exercise the right of withdrawal, the customer must inform Afterparty® of the withdrawal from the contract by means of a clear statement (e.g., by post or email) to support@drinkafterparty.com or to Afterparty® VT GmbH, Millonigweg 9, 9523 Landskron. The customer can use the sample withdrawal form below, which is not mandatory. The customer can use the sample withdrawal form or another clear statement. If the customer makes use of this option, Afterparty® will immediately confirm receipt of such withdrawal (e.g., by email).
V. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.
VI. If the customer withdraws from the contract, Afterparty® will reimburse all payments received from the customer, including delivery costs (except for additional costs arising from the fact that the customer chose a different type of delivery than the cheapest standard delivery offered by Afterparty®), immediately and at the latest within fourteen days from the day on which Afterparty® receives notification of the customer's decision to withdraw from the contract. Afterparty® will make the reimbursement using the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in any case, the customer will not incur any fees as a result of the reimbursement.
VII. Afterparty® may withhold the reimbursement until Afterparty® has received the goods back or the customer has provided evidence of having sent back the goods, whichever is the earlier.
VIII. The customer must return or hand over the goods to Afterparty® immediately and in any event no later than fourteen days from the day on which the customer informs Afterparty® of the withdrawal of this contract to the following address:
IX. For customers in Austria: Afterparty® VT GmbH, Millonigweg 9, 9523 Landskron
X. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
XI. The direct costs of returning the goods shall be borne by the customer.
XII. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Sure! Continue with the translation:
IX. Right of Withdrawal for Consumers (Continuation)
I. Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
- To Afterparty® VT GmbH, Millonigweg 9, 9523 Landskron, support@drinkafterparty.com:
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
11. Data Protection
XI. Data Protection
I. Afterparty® processes personal data in accordance with the applicable data protection regulations. Details can be found in the privacy policy on the Afterparty® website.
12. Applicable Law, Jurisdiction, Place of Performance
XII. Applicable Law, Jurisdiction, Place of Performance
I. Austrian law applies to the exclusion of the UN Sales Convention.
II. The place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the competent court in Klagenfurt, Austria.
III. The place of performance for all obligations from this contractual relationship is the registered office of Afterparty® VT GmbH in Landskron, Austria.
13. Final Provisions
XIII. Final Provisions
I. Changes or additions to these GTC must be made in writing to be effective. This also applies to the waiver of this written form requirement.
II. Should individual provisions of these GTC be or become ineffective, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose pursued by the invalid provision.
III. The version of these GTC valid at the time of the conclusion of the contract shall apply.
IV. The customer can download and print out these GTC at any time on the Afterparty® website.