Terms of Service

1. Scope of Application of the Standard Terms and Conditions:

1.1 These Standard Terms and Conditions (“STC”) apply, as amended, to all product ordering procedures that are handled by aja GmbH, Wagramer Strasse 22, 1220 Vienna, Austria (hereinafter referred to as AJA GmbH) via this online shop. Please print out these STCs, or save them on your computer.

1.2 Our deliveries, services, and offers are based solely on these Standard Terms and Conditions unless any different agreement has been made in writing.

1.3 Our offering is chiefly aimed at private customers who have their place of residence or usual place of abode in Austria. Since you are a consumer, the provisions of the Austrian Consumer Protection Act apply in addition.

1.4 Purchase orders from companies are also accepted and processed. These Standard Terms and Conditions shall also apply to companies, with the exception of those provisions that are specifically aimed at the consumer.

2. Conclusion of Contract

2.1 The customer’s orders shall be deemed an offer to conclude a contract, whereby presentation of the products in the online shop shall not represent any legally binding offer. Acceptance of the customer’s offer by AJA shall be effected by de facto delivery of the ordered goods. Acknowledgment of the receipt of an order email shall not represent any contractual acceptance on our part.

2.2 All the information provided in our online shop is without obligation and noncommittal.

2.3 We draw attention to the fact that for technical reasons there may be slight differences between the delivered goods and the pictures provided in our online shop. If that is the case, the pictures do not always represent a faithful reproduction of the article but they partially serve to illustrate it.

3. Delivery
3.1 Shipment shall take place via our external shipping service provider DPD, Post AG or by a messenger service. Shipment shall take place within 2 weekdays as of acceptance of the offer to conclude the contract. You should therefore receive the delivery within 10 weekdays (whereby Saturday and Sunday shall not count as weekdays). However, this does not represent a guarantee that the delivery time will be met.

3.2 If you require an assurance that the order will be delivered to a location at a certain time, the transaction is a “fixed-date transaction”. Fixed-date transactions must be explicitly agreed with us in writing.

3.3 The right of use and the risk shall pass to the customer after handover of the goods to the carrier. If you are a consumer within the meaning of the Austrian Consumer Protection Act, the risk and title shall pass to you as soon as the carrier has delivered the goods to any third person other than the carrier. If you as the customer have not selected the means of transport proposed by AJA, the risk shall also pass to you as the consumer when the goods are handed over to the carrier.

3.4 If delays in delivery should occur, you will receive notification by email.

4. Prices

4.1 The only prices that apply shall be the ones that were published in the online shop at the time the order was placed. Prices include all taxes, including value added tax. You as the customer have to bear the cost of shipping, in addition to the product price. Shipping costs depend on the quantity of the ordered goods, the method of shipment, and the delivery destination and they will be shown in the ordering procedure accordingly prior to submission of the binding order. In the event of part delivery, shipping costs may, under certain circumstances, be higher but they too will be shown.

5. Payment

5.1 Clicking the “Order now with liability to pay” button makes the order binding so it has to be paid for. Payments can be effected either by credit card, PayPal, or instant bank transfer.

6. Retention of Title

6.1 The delivered goods shall remain our property until payment has been made in full.
7. Cancellation Right

7.1 For entrepreneurs: We are willing to grant you a right to cancel your order within 5 days and the full purchase price will be refunded. Return shipment must therefore take place within 5 days as of the invoice date, in original packaging, in an undamaged condition, with presentation of the original invoice. This shall not apply to marked campaign offers or remaining stocks. Refunding of the purchase price shall take place in the form of a credit note.

7.2 For consumers: If you are a consumer within the meaning of the Austrian Consumer Protection Act, you have a right to cancel the order without having to state reasons, in accordance with § 11 of the Austrian Distance and Foreign Trade Act (“FAGG”). You must declare your cancellation within 14 days as of the date of receipt of the goods at your location, or that of a third party other than the carrier. If a contract of sale should apply to multiple goods, the period allowed for cancellation shall commence as soon as you or a third party appointed by you have taken receipt of the last part consignment, the last goods, or the last item. When calculating that 14-day period the date of taking receipt shall not be included, but Saturdays, Sundays, and public holidays shall be included. To preserve your right to withdraw from the contract it is sufficient to send off the withdrawal notice in good time or to return the goods in good time to:

By post or other package delivery service:

aja GmbH

Emanuel Noel Gocan

Wagramer Strasse 22

1220 Vienna
Austria

Cancellation by telephone: +43 699 19 44 6667

by fax: –

by email: office@aja-drinks.at

7.3 You will have exercised your cancellation right within the set period if you send off the notification about your exercising the cancellation right to one of the above-mentioned addresses prior to expiry of the cancellation period. You can download a template to exercise the cancellation right from our website.

8. Consequences of Cancellation for Consumers
8.1 For any deterioration of the goods that has arisen due to intended use of the item you do not have to provide compensation for lost value. Since the ordered goods are soft drinks, however, this does not mean that you are allowed to taste the drinks. You have to provide compensation for any loss in the value of the goods only if that loss in value goes beyond handling required to verify condition, properties, and functioning. “Verification of properties and functioning” is deemed to mean the testing and trying out of the respective goods as is possible and customary, for example, in a store. It is not customary to open or taste a soft drink in a store.

8.2 If you have canceled your contractual declaration, we must return to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that are due to the fact that you have selected a different mode of delivery than the one offered by us), without delay and within 14 days at the latest as of the date on which we received notification of your cancellation of this contract. For repayment we use the same method of payment as the one that you used for the original transaction, unless we consent to a different mode of transmission. We will not charge you for repayment.

8.3 We will refuse such repayment until we have received the goods again, or until you have provided evidence of the fact that the goods were returned, depending on which took place first. You must return the goods to us without delay or hand them over to a carrier without delay, but within 14 days as of the date on which you informed us of your cancellation. The period allowed shall have been met if you send off the goods prior to expiry of the 14-day period. The cost of returning the goods shall be borne solely by yourself.

9. Guarantee and Liability

9.1 We are liable for any damage in accordance with the legal regulations, whereby liability for damage caused by slight negligence shall be excluded at all events. The limitation of liability shall not apply to damage resulting from loss of life, physical injury, or damage to the health of humans, nor shall it apply to claims based on the Austrian Product Liability Act. Vis-à-vis companies we cannot be held liable for loss of profit or any other consequential damage. Liability shall be limited to the amount of the purchase price. Under no circumstances do we accept liability for any consequential damage, other property damage, pecuniary losses, or any damage resulting from third-party claims that have been filed with yourselves.

9.2 The first clause of paragraph 9.1 shall not apply to transactions with consumers.

10. Notification of Defects
10.1 If you are an entrepreneur within the meaning of the Austrian Corporate Code (“UGB”), the notification of defects shall take place in accordance with § 377 UGB within 5 days. In the event of noncompliance with this period you lose your entitlement to the guarantee, to compensation for the defect itself, and to the option of contesting the contract due to error concerning the freedom of the product from defects. The same period shall apply to the notification obligation in the event of incorrect delivery or quantity errors.

11. Duties and Account Holder

11.1 If an account has been created for the order, you shall ensure that your access data (username and password) are not accessible to any third party. We also urge you not to make those access data available to any third party in order to avoid any abuse of your account. For your own protection and security you should change your password at regular intervals.

12. Choice of Law

12.1 Every order shall be solely subject to Austrian law, excluding the norms of reference to any other legal system and excluding the UN Sales Convention.

13. Place of Jurisdiction

13.1 It is hereby agreed that Vienna Commercial Court shall have exclusive jurisdiction. If you are a consumer within the meaning of the Austrian Consumer Protection Act, the provision contained in § 14 of the Consumer Protection Act shall apply to you.

14. Events

14.1 Within the scope of business operations, AJA organizes events that are announced in advance separately. We guarantee participation in events only if the participant acquires the ticket in the online shop or on one of our social media channels. Confirmation of participation will be sent to the customer by email immediately after conclusion of the sales contract with the acknowledgment of order – the email in a printed form shall be deemed the admission ticket.

14.2 The participant shall not be able to cancel the event. If the event is canceled by AJA, the participant can select an alternative date or shall receive a refund for the ticket price.

15. Newsletter Voucher
15.1. The AJA Newsletter Voucher is good for one natural person or legal entity and can only be redeemed once.

15.2. An order accompanied by a copy of the Newsletter Voucher may be rejected by AJA if the same natural person or legal entity has already submitted the voucher once before using a different address.