SCOPE OF APPLICATION

1. These General Terms and Conditions apply to the sale, auction and delivery of goods by M.I.T Experience GmbH, hereinafter referred to as "MIT".
2. The General Terms and Conditions may be amended by MIT at any time and shall apply in the version valid at the time of the customer's order.
3. Deviating terms and conditions shall not apply unless MIT has agreed to them in writing or by e-mail before accepting the order.
4. By placing an order, the customer agrees to these General Terms and Conditions.
5. The customer's order shall constitute a binding offer. Acceptance of the customer's offer by MIT shall be effected by actual delivery of the ordered goods. MIT shall be entitled to reject an order without giving reasons.

PRICES AND SHIPPING COSTS

1. The prices quoted for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices quoted do not include any shipping costs.
2. Deliveries outside Austria may be subject to additional customs duties and/or charges, including any import or export duties and any excise duties, which may result in a change in the gross prices quoted. Such customs duties and/or taxes shall be borne by the Buyer at the respective statutory rate. Furthermore, deliveries outside Austria can only be made if there are no legal or other logistical obstacles to delivery.
3. The prices stated in catalogues, brochures, price lists etc. are always non-binding. This also applies to repeat orders.
4. The prices are based on the costs at the time of the initial price quotation. Should the costs change by the time an order is placed by the buyer, MIT shall be entitled to adjust the prices accordingly. The binding prices shall be displayed in the Internet online shop after correct selection in the shopping basket, and shall be shown in the order confirmation sent by MIT in writing by e-mail after the order has been placed.
5. All shipping costs shall be borne by the purchaser. The delivery costs shall be displayed in the online shop after correct selection in the shopping basket and shown in the order confirmation sent by MIT in writing by e-mail.
6. From a gross price of goods of currently EUR 200,- for customers, MIT bears the costs of standard delivery within Austria and Germany.
7. For the remaining countries of the Schengen area, the actual delivery costs incurred will be invoiced and the amount shown in accordance with point 2.5 after correct selection in the shopping basket and in the order confirmation. For deliveries outside the Schengen area, deliveries are made by a forwarding agent. An automatic calculation of shipping costs is not possible in this case. The customer can still order. After submitting the order, MIT shall contact the customer and inform him of the delivery costs. The purchase contract shall only be concluded once the customer has accepted the offer.

PAYMENT AND DEPOSITS

1. The purchase price is due upon conclusion of the contract. The costs for delivery and any transport insurance requested by the buyer (see point 4) will be charged separately and shown in the shopping basket and in the order confirmation.
2. MIT shall retain title to all goods until full payment of the purchase price including ancillary charges.

HAZARD TRANSITION

In the case of delivery, MIT shall determine the mode and route of transport as the buyer's agent. In the case of delivery, use and risk shall pass to the buyer upon handover of the goods from MIT to the carrier. Delivery shall therefore be at the expense and risk of the buyer. The delivery shall only be covered by transport insurance if expressly instructed by the buyer and at the buyer's expense.

RETURN OF GOODS AND RIGHT OF CANCELLATION

1. MIT is prepared to take back goods purchased from it against reimbursement of the full purchase price under the following conditions until cancellation: The goods must be returned within 14 days of the invoice date in their original packaging, undamaged and accompanied by the original invoice. The goods will be taken back at the price valid at the time of the original purchase. The purchase price will be refunded in the form of a credit note.
2. Consequences of cancellation: If you cancel this contract, MIT shall reimburse any payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by MIT), immediately and at the latest within fourteen days from the day on which MIT receives notification of your cancellation of this contract. For this repayment, MIT shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. MIT may refuse repayment until the goods have been received by MIT or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to M.I.T Experience GmbH, Am Europlatz 2, EURO PLAZA 4, 1120 Vienna, without delay and in any case within fourteen days of the day on which you inform MIT of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You bear the direct costs and the risk of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, properties and functioning of the goods.

ORDERS, DELIVERY PERIOD, OBSTACLES TO DELIVERY, CANCELLATION OF CONTRACT

1. MIT accepts orders via the Internet online shop. When placing an order, the customer shall specify the exact place of delivery. MIT shall announce the exact delivery date in the course of delivery, at the latest 24 hours before delivery. The customer shall be obliged to ensure proper acceptance of the ordered goods at the specified place of delivery on these dates. MIT shall send the customer an order confirmation by e-mail with all relevant order data.
2. If the buyer unjustifiably declares that he does not wish to adhere to the contract ("cancellation") and MIT agrees to this in writing (including by fax or e-mail), MIT shall be entitled to 15% of the purchase price as lump-sum compensation ("cancellation fee").
3. Changes or cancellations of orders by the buyer must always be made in writing (including by fax or e-mail). MIT reserves the right to accept declarations in other forms, which shall only become effective upon written confirmation by MIT (including by fax or e-mail).

WARRANTY

1. Warranty claims presuppose that defects are reported to MIT without delay, namely recognisable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice.
2. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
3. MIT shall fulfil its warranty obligations at its discretion either by supplying goods free of defects, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
4. MIT shall not be liable for material and sample conformity or other characteristics of conformity of reordered goods. The same shall apply to goods ordered according to samples, provided that the deviation is within the customary commercial and technical limits.
5. The warranty period is 2 years from the date of transfer of risk in accordance with point 4.

LIABILITY FOR DAMAGES

1. MIT shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence shall be excluded. The limitation of liability shall not apply to damages resulting from injury to life, body or health of persons and for claims under the Austrian Product Liability Act.
2. Entrepreneurs must prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damage is excluded in respect of entrepreneurs. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for consequential damage (due to defects), other material damage, financial loss and damage arising from third-party claims against the customer is also excluded vis-à-vis entrepreneurs.

OTHER PROVISIONS

1. The place of fulfilment for both MIT and the purchaser shall be the business address of M.I.T Experience GmbH.
2. The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with contractual relationships in which no consumer is involved.
3. The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

SCOPE OF APPLICATION

1. These terms and conditions apply to the sale, auction and delivery of goods by M.I.T Experience GmbH, hereinafter referred to as "MIT".
2. The general trading conditions can be amended by MIT at any time and apply in the version current at the time of the order of the customer.
3. Deviating trading conditions do not have validity, unless MIT agreed to these in written form or by email before acceptance of the order.
4. With the delivery of an order the customer declares himself in agreement with these general trading conditions.
5. The order of the customer represents a binding offer. The acceptance of the offer of the customer by MIT takes place via actual delivery of the ordered goods. MIT is justified to reject an order also without indication of reasons.

PRICES AND SHIPPING COSTS

1. The offered prices of the goods are gross prices in Euro and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any shipping costs.
2. For deliveries outside Austria, additional customs duties and/or charges may be applicable, including any import or export duties and any consumer taxes, which may lead to a change in the offered gross prices. Such customs duties and/or charges are to be paid by the purchaser at the respective legal rate. Deliveries beyond Austria can only be made if there are no legal or other logistical obstacles to the delivery.
3. The prices stated in catalogues, brochures, price lists etc. are always non-binding. This also applies to follow-up orders.
4. The prices are based on the charges at the time of the first price quotation. If the prices should change up to the time of the delivery of an order by the buyer, MIT is entitled to adapt the prices accordingly. The obligatory prices are indicated on the internet onlineshop after correct selection in the shopping cart, and after successful order in the order confirmation given by MIT in a written form by email.
5. All costs resulting from the shipping are carried by the buyer. The costs of the delivery are indicated with the order in the online shop after the correct selection in the shopping cart, and proven in the order confirmation delivered by MIT in written form by e-mail.
6. Starting from a gross commodity price of currently EUR 200,- for customers, MIT takes over the costs of standard delivery within Austria and Germany.
7. For the remaining countries of the Schengen area the actually resulting delivery costs are charged and their amount is shown in the shopping cart and in the order confirmation according to point 2.5 after correct selection in the shopping cart as well as in the order confirmation. For deliveries outside of the Schengen area, delivery will be made by a forwarding agent. In this case, an automatic calculation of delivery charges is not possible. Nevertheless, the customer can still place an order. After submitting the order, MIT will contact the customer and inform the customer about the delivery costs. The sales contract is accomplished only if the customer accepts the offer.
8. If your order includes goods, which are subject to age restrictions, we will ensure by the carrier that the customer has reached the required minimum age. The deliverer only hands over the goods after an age check and then only to the customer personally.

PAYMENT AND DEPOSITS

1. The purchase price is due upon conclusion of the contract. The costs for delivery and any transport insurance requested by the buyer (see point 4) will be charged separately in the shopping cart and in the order confirmation.
2. MIT reserves the property of all goods until the complete payment of the purchase price including additional charges.

TRANSFER OF RISK

On delivery MIT as representative of the buyer determines the mode and route of transport. With delivery the use and risk are transferred to the buyer with the handing over of the goods from MIT to the carrier. The delivery thus takes place at the expense and risk of the buyer. The covering of the delivery by a transport insurance takes place only by express instruction of the buyer and at his expense.

RETURNING OF GOODS AND RIGHT OF WITHDRAWAL

1. Until revocation MIT is ready to take back goods purchased from MIT against refund of the full purchase price under the following conditions: The return must take place within 14 days from date of invoice in original packaging, undamaged and under presentation of the original invoice. The return is made at the price valid at the time of the original purchase. The purchase price will be refunded in the form of a credit note.
2. If the buyer is a consumer as defined by the Consumer Protection Act and has placed his order via the Internet online shop, he may, in accordance with §§ 11 FAGG and in deviation from point 5.1, declare his withdrawal from the purchase contract within fourteen days from the day of receipt of the goods from the buyer. The withdrawal period begins as soon as the buyer or a third party named by him has taken over the goods. In the case of a purchase contract for several goods, the withdrawal period begins as soon as the buyer or a third party named by him has taken over the last partial shipment, the last goods or the last piece. The day of takeover is not included in the period. Saturdays, Sundays and public holidays are included in the calculation of the period. The punctual dispatch of the declaration of withdrawal or the return of the goods shall be sufficient to comply with the withdrawal period.
   In order to exercise your right of withdrawal, you must inform M.I.T Experience GmbH, Am Europlatz 2, EURO PLAZA 4, 1120 Vienna, E-Mail: office@mit-experience.com by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
3. Consequences of revocation: If you cancel this contract, MIT must refund any payments received from you, including delivery charges (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by MIT), immediately and at the latest within fourteen days from the day MIT receives notice of your cancellation of this contract. For this refund MIT will use the same means of payment you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances you will be charged for this refund. MIT may refuse a refund until the goods have been received by MIT or until you have provided proof that you have returned the goods, from whichever is earlier. You must return the goods immediately and in any case within fourteen days at the latest from the day you inform MIT of the revocation of this contract to M.I.T Experience GmbH, Am Europlatz 2, EURO PLAZA 4, 1120 Vienna. The period is considered to be kept, if you send the goods before the expiration of the period of fourteen days. You bear the direct costs as well as the risk of returning the goods. You only have to pay for a possible loss of value of the goods if this loss of value is due to an unnecessary handling in order to check the condition, properties and functionality of the goods.

ORDERS, DELIVERY PERIOD, OBSTACLES TO DELIVERY, CANCELLATION OF CONTRACT

1. MIT accepts orders via the online shop. MIT expressly points out that all orders for the two GIN series "1 of 11" and "Black" will only be delivered after 1 June 2020. When ordering, the customer must specify the exact place of delivery. MIT will announce the exact delivery date in the course of delivery, at the latest 24 hours before delivery. The customer shall be obliged to ensure proper acceptance of the ordered goods at the specified delivery location on these dates. MIT shall send the customer an order confirmation by e-mail with all relevant order data.
2. If the buyer unjustifiably declares that he does not wish to adhere to the contract ("cancellation") and MIT agrees to this in writing (including by fax or e-mail), MIT shall be entitled to 15% of the purchase price as lump-sum compensation ("cancellation fee"). Notwithstanding the above, consumers shall retain their statutory rights of withdrawal without cancellation fee pursuant to Sections 5e - 5h of the Austrian Consumer Protection Act (see also point 5.2).
3. Changes or cancellations of orders by the buyer must always be made in writing (including by fax or e-mail). MIT reserves the right to accept declarations in other forms, which shall only become effective upon written confirmation by MIT (including by fax or e-mail).

7. WARRANTY

1. Warranty claims presuppose that defects are reported to MIT without delay, namely recognisable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice.
2. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
3. MIT shall fulfil its warranty obligations at its discretion either by supplying goods free of defects, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
4. For transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), the customer may, in the event of a defect, at his discretion and in compliance with the statutory provisions, request improvement, replacement of the item, reasonable price reduction or cancellation of the contract.
5. Reasons of taste, customary or minor technical deviations in quality, quantity, colour, size, weight, equipment or design as well as age-related changes in taste, colour and packaging shall not constitute warranty defects or non-performance of the contract.
6. MIT shall not be liable for conformity of taste, colour, material and sample or other characteristics of conformity of goods ordered subsequently. The same shall apply to goods ordered by sample, provided that the deviation is within the customary commercial and technical limits.
7. After tasting, consumption or commenced processing or treatment of the goods, any warranty is excluded.
8. The warranty period is 2 years from the date of transfer of risk in accordance with point 4.
9. Items 7.5 to 7.7 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.

8. LIABILITY FOR DAMAGES

1. MIT shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence shall be excluded. The limitation of liability shall not apply to damages resulting from injury to life, body or health of persons and for claims under the Austrian Product Liability Act.
2. Entrepreneurs must prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damage is excluded in respect of entrepreneurs. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for consequential damage (due to defects), other material damage, financial loss and damage arising from third-party claims against the customer is also excluded vis-à-vis entrepreneurs.
3. Point 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.

10. PRE-SALE

1. From time to time MIT offers the purchase of special gin in the form of pre-sales. With a pre-sale, the customer acquires the option to purchase the gin specified in the respective offer with delivery at a later date. The option to purchase pre-sale gin only exists during the period stated in the offer. If a gin is oversubscribed, MIT reserves the right to allocate smaller quantities.
2. The delivery dates of these special gins depend on the release of the producers and can therefore be postponed. If the delivery is cancelled, the customer will be refunded the payment made for the pre-sale gin immediately. There is no entitlement to real compensation.
3. An order is deemed to have been accepted when the customer receives an order confirmation from MIT. The customer shall receive the final invoice upon delivery of the gin. With regard to other payment modalities, reference is made to point 3 of these General Terms and Conditions.
4. Changes of address by the customer must be reported to MIT independently. If the customer does not notify MIT of the change of address or does not do so in good time before delivery of the gin, MIT reserves the right to charge any resulting costs (such as unsuccessful delivery attempts, storage of the wines and the like).

13. YOUTH PROTECTION

1. Spirits may only be sold and delivered to persons over the age of 18. In order to comply with legal regulations, MIT is authorised to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer shall be obliged to compensate MIT for the damage actually incurred (e.g. delivery costs).
2. By placing an order, the customer confirms that he or the recipient of the goods is over 18 years of age.

15. OTHER PROVISIONS

1. The place of fulfilment for both MIT and the purchaser shall be the business address of M.I.T Experience GmbH. This shall not apply to consumer contracts.
2. The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with contractual relationships in which no consumer is involved.
3. The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods with the restriction that mandatory provisions of the law of the country in which the consumer has his habitual residence are not superseded.