Version from November, 2020
TRUE SPIRITS e.U.
FN 532050 b, Salzburg Regional Court
Adnet 211b/1, 5421 Adnet, Austria
Tel: +43 660 148 2222
hereinafter referred to as "TRUE SPIRITS"
- Material scope: In accordance with these General Terms and Conditions, we enable users and customers to use our online platform (hereinafter referred to as the "Online Platform") available at true-spirits.com as well as the use of the services of the B2B platform ordered via the online platform. These conditions govern the ordering and use of all our services by our customers unless a separate agreement is expressly concluded in individual cases. Customers' terms and conditions that deviate from this shall not apply unless TRUE SPIRITS has explicitly agreed to their validity in writing.
- Customers within the meaning of these general terms and conditions are producers, independent bottlers, brands, importers and media companies (see definition point 2.2.). The business relationship of TRUE SPIRITS with the users of the online platform is regulated individually and appropriately by the classification with separate terms and conditions.
- Scope of Services
- TRUE SPIRITS, on its online platform, offers companies in the spirits industry the opportunity to present their business, including spirits products and services, to the other users of the online platform in a transparent manner in order to enter into business contact, communicate and network with the other users of the platform, in accordance with these General Terms and Conditions.
- The online platform has a search function, which importers can use to search for producers, independent bottlers and brands according to certain criteria, and where producers, independent bottlers and brands can be found by importers and media companies.
- Furthermore, a blog is in operation on the online platform, through which information provided by the user to TRUE SPIRITS can be addressed to the other users of the platform within the online platform.
- The users and media companies have the possibility to obtain certain information about the other users of the platform and then use it for private purposes or editorial purposes.
- In addition, TRUE SPIRITS operates social media accounts through which information that users provide to TRUE SPIRITS can be published.
- The online platform is used by the following companies:
- Producers: Users who themselves entirely manufacture the spirits products that they distribute
- Independent bottlers: Users who buy alcohol, further process it (in particular refine/ripen/bottle it under their name) and then sell said products as spirits
- Brands: Users without any own production or further processing, which allow the spirits products they sell to be manufactured by third parties
- Importers of spirits
- Media companies who publish editorial content on spirits products
- TRUE SPIRITS plausibly verifies the information and data from the users, on the basis of which their information is provided at the time of registration (see Point 3) and their information which is openly published on the internet. TRUE SPIRITS reserves the right, under its sole discretion, to request further information, in particular marketing information, from users in order to verify their information. In particular, TRUE SPIRITS will examine the categorisation of users in their respective user category (producer, independent bottler, brand, importer, media company) for plausibility. Only if from the point of view of TRUE SPIRITS sufficient plausibility of the information exists, will the registration of the user be confirmed.
- Furthermore, TRUE SPIRITS verifies any and all information that users want to have published on the blog operated on the online platform as well as on the social media channels operated by TRUE SPIRITS.
- TRUE SPIRITS provides its services exclusively to businesses within the meaning of the Consumer Protection Act (KSchG).
- Registration and contract conclusion
- The use of the online platform is only possible after personal registration and creation of a user account. Customers can be physical and legal entities. The latter shall indicate at the time of registration a natural person who is sufficiently authorised to carry out the registration, to use the online platform on behalf of the legal entity and to make declarations on their behalf.
- After entering the required data and setting the password, by clicking on the "Register" button the customer submits a non-binding offer to conclude a user contract with TRUE SPIRITS. During this time, TRUE SPIRITS will check the customer's details for plausibility.
- TRUE SPIRITS confirms to the customer receipt of the non-binding offer by means of an automatically generated email to the given address. This email also contains the information that the data provided will be checked for plausibility for at least 48 hours. This email does not constitute acceptance of the offer.
- In the event of a positive plausibility verification, TRUE SPIRITS will send the customer the login approval for the online platform in another email. This email does not constitute acceptance of the offer either.
- At the first log-in, the customer selects between the available usage packages ("memberships") and the available payment methods. By clicking on the button "Order by payment" the customer makes a binding contract offer. Subject to any statutory right of withdrawal, the customer is bound by their offer for 7 days. TRUE SPIRITS is not obliged to accept this binding offer. If the contract offer is accepted by TRUE SPIRITS and the payment processing regarding the fee due with the conclusion of the contract is successful, the customer will receive the payment confirmation corresponding to their usage package ("Membership") by email, with which the offer is accepted and the contract is concluded.
- Requirements of use and obligations of the customer
- The customer is obliged to provide true and complete information during the registration process and to keep their data up-to-date at all times. TRUE SPIRITS will check the data for plausibility. If it turns out that the customer provides incorrect information and data, TRUE SPIRITS reserves the right to terminate the contract with immediate effect for good cause as well as the right to publish this on the online platform that the contractual relationship with the customer has been terminated for important reasons.
- The customer must treat the access data (login, password) confidentially and protect them from unauthorised access or use. The transfer of access data to third parties is not permitted. If the customer suspects misuse by third parties, they must inform TRUE SPIRITS immediately.
- The customer undertakes to maintain their devices and equipment properly and to protect them against computer viruses and other malicious programs according to the state of the art.
- The customer may only use the services offered by TRUE SPIRITS as intended and must refrain from doing anything that could affect the availability of TRUE SPIRITS services for other customers and users.
- The customer will only publish information and data on the platform, to which the customer is also entitled to publish. In particular, the customer warrants that the publication of images and other data on the platform does not violate the relevant provisions of copyright, any other personal rights or data protection law. In any case, the customer will indemnify and hold TRUE SPIRITS completely harmless in this regard.
- The customer further undertakes to act in full compliance with the relevant provisions when publishing data and information, in particular on their account, be it on the online platform, blog or on the social media channels of TRUE SPIRITS, and in particular to carry out the labelling of paid publications in accordance with Section 26 of the Media Act. In this respect, too, the customer will indemnify and hold TRUE SPIRITS completely harmless.
- Any buttons and/or seals provided on the part of TRUE SPIRITS may not be changed in any way by the customer.
- Prices and payment terms
- The customer undertakes to pay an annual usage fee, starting from the conclusion of the contract. This fee is payable in twelve equal amounts, each of which is due for payment in advance on the first of the month (unless expressly agreed otherwise). For the period from the conclusion of the contract to the last day of the month following the conclusion of the contract, the customer owes an aliquot sum.
- The amount of the usage fee depends on the respectively ordered usage package ("Membership") and will be notified to the customer before submitting a binding contract offer in the course of the registration process. Should the customer order additional packages, they will be informed accordingly about the respective fee amount before the conclusion of the contract. All prices quoted are in EUR and exclusive of all taxes. The amounts quoted at the time of registration apply.
- The value stability of the pricing is agreed according to the Consumer Price Index 2015 announced monthly by Statistics Austria or the index intended to replace it. The starting point for this value stability is the last reported index at the time of conclusion of the agreement. Index fluctuations up to and including 3% are not taken into account. However, if the change is exceeded, the entire change is fully taken into account. The new index is the starting point for the calculation of further excesses.
- The payment methods accepted by TRUE SPIRITS are listed in the course of ordering the respective usage package ("Membership"). There, the customer will find all the details about the related payment terms and any fees.
- In the event of delayed payment, TRUE SPIRITS is entitled to claim statutory interest on late payments and to restrict or block access to the services of TRUE SPIRITS until the overdue payment has been settled.
- In the event of termination of the contract for good cause, the fee paid by the customer for the current term of the contract shall be forfeited in favour of TRUE SPIRITS.
- Warranty and Liability
- The warranty period is six months. The customer must notify TRUE SPIRITS of all defects in writing without delay, at the most within two working days. TRUE SPIRITS will improve defects at its sole discretion by improving or replacing them. Price reductions for such are excluded.
- TRUE SPIRITS will only check for plausibility the information and data of customers and users of the online platform to the best of its knowledge and belief, but assumes no liability for the accuracy of the information and data provided by customers and users on the TRUE SPIRITS online platform, on the website www.true-spirits.com or on the social media channels operated by TRUE SPIRITS. Furthermore, TRUE SPIRITS assumes no liability for a certain product quality of the spirits products sold by customers and users.
- The customer accepts that the communication on the platform takes place only between TRUE SPIRITS and within the users as well as between users of the different areas (producer/independent bottler/brand/importer, media company).
- The customer accepts that the availability of the services depends on the functioning of the internet and its infrastructure, over which TRUE SPIRITS has for the most part no influence. If TRUE SPIRITS is prevented from providing the contractual services by Force Majeure (e.g. strikes, natural disasters, epidemics such as COVID-19) or other circumstances not attributable to TRUE SPIRITS (e.g. technical failure at third parties), TRUE SPIRITS will inform the customer as soon as is reasonably possible. TRUE SPIRITS also cannot rule out downtime due to necessary maintenance work. The customer declares that they may not claim damages or warranty claims for failures of the services of TRUE SPIRITS.
- TRUE SPIRITS is solely liable for damages that TRUE SPIRITS or its vicarious agents have caused to the customer intentionally or through gross negligence. In the case of gross negligence, liability is limited to the sum covered by the liability insurance of TRUE SPIRITS per damage event. Liability for consequential damages, lost profits, loss of data or financial losses is excluded. This does not apply to the liability of damages to persons and claims under the Product Liability Act.
- Start and duration of the contractual relationship
- The contractual relationship with the customer begins with the acceptance of the binding offer and has a term of one year. It shall be automatically renewed for a further year if it is not terminated by one party at the latest one month before the end of the term. Cancellation is also possible in the menu item "My Account" and by email.
- In addition, each contracting party is entitled to terminate the contractual relationship at any time for important reasons. Such an important reason exists in particular if the customer seriously violates an obligation under this agreement and has not rectified their breach of contract, even after being requested, by the setting of a reasonable period of at least 14 days.
- Amendments to these General Terms and Conditions
- TRUE SPIRITS is entitled to change these terms and conditions at any time. TRUE SPIRITS will inform the customer of such changes by sending the amended terms and conditions to the last known email address and/or via the online platform. The change in the terms and conditions entitles the customer to terminate the contractual relationship in writing within a period of one month from notification. If the customer does not terminate within this period, the amended terms and conditions shall be deemed to have been agreed. TRUE SPIRITS will inform the customer of the importance of their behaviour at the beginning of the scheduled period.
- Final provisions
- Place of performance is the registered office of TRUE SPIRITS in Adnet, Austria.
- This contract of use is exclusively subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference standards of private international law.
- The contract language is German. Any translations are merely informative.
- The exclusive place of jurisdiction is the competent court in the state capital of Salzburg, Austria.