Terms and conditions

01 Scope

1. These general terms and conditions (Allgemeine Geschäftsbedingungen, AGB) apply to contracts between Automaten Maxxx OG, Kaasgrabengasse 121A, 1190 Vienna (hereinafter “Automaten Maxxx” or “we”), and its contractual partners concerning
   • the placement and operation of vending machines at a partner’s location (location partnership),
   • the purchase of vending machines,
   • the rental of vending machines,
   • event vending machines and
   • coffee machines (purchase, rental and placement).
2. Anything agreed in the individual offer or contract takes precedence over these terms and conditions. Differing terms and conditions of the contractual partner apply only if we agree to them in writing.
3. Terms referring to persons apply equally to all genders.

Help with purchases at our machines – for example if there is a fault or you did not get your money back – is available in our help centre.

02 Offer and conclusion of contract

1. The information on this website is non-binding and does not constitute an offer in the legal sense. Nothing is sold online via this website.
2. Enquiries by form, phone or email are non-binding. In response to an enquiry, we prepare an individual offer.
3. A contract is concluded only once both parties have confirmed the offer or the contract in writing.
4. The scope of services, prices, terms and dates are set out in the respective offer or contract.

03 Placement at a location (location partnership)

1. Automaten Maxxx places a vending machine at the partner’s location, restocks it and maintains it. There are no costs to the location partner for the machine, installation, restocking or maintenance. Electricity is agreed individually for each location.
2. Before placement, we check the location, footfall and technical requirements on site. This site assessment is free of charge and without obligation.
3. The location partner receives either a share of sales or a fixed rent. The contract sets out which model applies and the amount; we discuss the terms in person.
4. We agree the product range with the location partner. The location partner receives regular performance reports. We comply with the Austrian deposit rules and take care of recycling.
5. The location partner provides the agreed space with a power supply – usually a standard socket (230 V) and about 1 × 1 m of floor space – and grants access for restocking and maintenance. The details are set out in the contract.
6. The machine is usually installed one to two weeks after the contract is concluded; we agree the date together.
7. The machine remains the property of Automaten Maxxx. The location partner does not open, repair or move it themselves, and reports any faults or damage as soon as possible by phone on +43 678 791 88 70 (available 24/7) or by email to office@automatenmax.com.
8. We take care of maintenance and repairs. Damage to the machine, including damage caused by vandalism, is covered by our insurance.

04 Term and termination of the location partnership

1. The term is agreed individually.
2. Notice of termination must be given in writing, with a notice period of three months to the end of the term.
3. The right of either party to terminate the contract for good cause remains unaffected.
4. After the contract ends, Automaten Maxxx removes the machine; we agree the date together.

05 Buying vending machines

1. We offer snack, drink, combination and coffee machines for sale – on request only and with an individual offer.
2. The price, delivery, installation and all other services are set out in the offer.
3. The machine remains the property of Automaten Maxxx until it has been paid for in full.
4. The statutory warranty (Gewährleistung) applies unless otherwise agreed in the offer. For consumers, the statutory warranty is not restricted. A guarantee applies only if it is expressly promised in the offer.

06 Renting vending machines

1. We offer snack, drink, combination and coffee machines for rent – on request only and with an individual offer.
2. The rental period, the rent and the services included are set out in the offer.
3. The rented machine remains the property of Automaten Maxxx. The renter treats it with care, does not open or repair it themselves and reports faults or damage as soon as possible.
4. At the end of the rental period, the machine is returned or collected as agreed in the offer – in proper condition, apart from normal wear and tear.

07 Event vending machines

1. Event vending machines can be hired from one day, including for a weekend or several days.
2. We deliver the machine filled, set it up and collect it again afterwards. Billing is as agreed in the offer.
3. Event vending machines are available in Vienna and Lower Austria, and further afield by arrangement.
4. What is needed at the venue – such as space, a power supply and access for set-up and collection – is stated in the offer. The organiser ensures that this is available on the agreed date.
5. In all other respects, section 06 (Renting) applies accordingly.

08 Coffee machines

Coffee machines are available to buy, to rent and as a full-service placement at a partner’s location. Depending on the arrangement, sections 05 (Buying), 06 (Renting) or 03 and 04 (Placement) apply accordingly.

09 Prices and payment

Prices, payment terms and due dates are set out in the respective offer or contract.

10 Liability

1. We are liable for damage that we cause intentionally or through gross negligence. In relation to businesses, liability for slight negligence is excluded; this does not apply to personal injury.
2. In relation to consumers, the mandatory provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) apply.

11 Data protection

How we process personal data is explained in our privacy policy.

12 Final provisions

1. Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions protecting consumers remain unaffected.
2. The place of jurisdiction for disputes with businesses is the court in Vienna having subject-matter jurisdiction. For consumers, the statutory places of jurisdiction apply.
3. Amendments and additions to a contract must be made in writing.