General Terms and Conditions

§ 1 Scope and General Provisions

(1) These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services of Easy Vending GmbH (hereinafter “Easy Vending” or “Seller/Lessor”) with entrepreneurs within the meaning of § 1 (2) of the Austrian Consumer Protection Act (KSchG). Supply to consumers does not take place.
(2) These GTC apply to purchase agreements, rental agreements, and leasing agreements for vending machines, including all accessories, telemetry systems, software, and related services.
(3) Conflicting or deviating business or purchasing conditions of the Customer shall not become part of the contract unless Easy Vending expressly agrees to their applicability in writing. The applicability of such conditions is hereby rejected.
(4) The components of the contract shall apply in the following order of priority: (a) the specific offer or order confirmation of Easy Vending, (b) the applicable service descriptions and supplementary agreements (e.g., telemetry agreement, rental agreement, leasing agreement), (c) these GTC in their current version.
(5) Information in brochures, catalogues, price lists, online documents, or other materials is non-binding unless expressly designated as binding or included in the order confirmation.
(6) Legally relevant declarations (e.g., terminations, contract amendments, defect notifications) require written form. Email satisfies the written form requirement to the extent permitted by law.
(7) The Customer warrants that this contract is entered into exclusively as an entrepreneur within the scope of their business operations.

§ 2 Conclusion of Contract – Two-Stage Procedure

(1) Offers by Easy Vending are non-binding and without obligation. By signing the offer form, the Customer submits a binding offer to conclude a purchase, rental, or leasing agreement.
(2) The Customer’s offer is binding for a period of twelve (12) weeks from the date of signature. The contract is only concluded upon written countersignature by Easy Vending. Easy Vending is not obligated to accept the Customer’s offer.
(3) Easy Vending reserves the right to carry out a credit check prior to countersignature (see § 15). Easy Vending may refuse countersignature without stating reasons, in particular if the credit check yields a negative result.
(4) If the rental or leasing contract type is selected, a separate rental or leasing agreement will be concluded upon delivery with the respective financing partner (abcfinance GmbH, 1120 Vienna, or F & S Leasing GmbH, 9020 Klagenfurt). Processing is handled by Easy Vending.
(5) If the order confirmation deviates from the order, the Customer must object in writing within eight (8) days. Otherwise, the amendment shall be deemed approved.

§ 3 Cancellation and Withdrawal

(1) Revocation of the order by the Customer prior to countersignature by Easy Vending is excluded. Withdrawal from the contract is only possible with the express written consent of Easy Vending.
(2) If the Customer cancels or revokes after signing – regardless of whether countersignature by Easy Vending has already taken place – Easy Vending is entitled to charge a cancellation fee of 20% of the net order value. This applies equally to purchase, rental, and leasing agreements.
(3) The cancellation fee shall not be subject to judicial moderation. Payment must be made within fourteen (14) days of receipt of the cancellation invoice.
(4) Easy Vending is entitled to offset the cancellation fee in whole or in part against any down payment received. Easy Vending reserves the right to claim higher damages.

§ 4 Prices and Payment Terms

(1) All prices are net prices plus the statutory value-added tax (currently 20%).
(2) The down payment agreed in the offer is due upon placing the order. The remaining purchase price is due for payment upon acceptance of the purchased item, unless otherwise agreed.
(3) For rental agreements, the rent is collected quarterly in advance by SEPA business direct debit, or is due for payment on the 5th of each quarter with a grace period of five (5) days. For leasing agreements, the payment terms of the respective financing partner apply.
(4) In the event of late payment, default interest of 14% p.a. as well as all reminder and collection costs shall become due. In the event of late payment after a deadline has been set, Easy Vending may withdraw from the contract or terminate ongoing contracts with immediate effect.
(5) Set-off or retention is only permitted in respect of claims of the Customer that are acknowledged or have been established by a final court decision.
(6) Bills of exchange and cheques are accepted only on account of payment. All associated costs shall be borne by the Customer.
(7) For rental agreements, value adjustment is based on the Consumer Price Index 2020 (or successor index) published by Statistics Austria. Fluctuations of up to 3% shall be disregarded.

§ 5 Delivery and Transfer of Risk

(1) Delivery dates are non-binding unless confirmed in writing as binding. The delivery period begins on the date of countersignature by Easy Vending.
(2) Delays not attributable to Easy Vending (e.g., supply shortages, material shortages, force majeure, transport problems, manufacturer delays) shall extend the delivery period accordingly. Claims for damages are excluded, except in cases of gross negligence or wilful intent.
(3) As a rule, delivery is made by Easy Vending directly to the installation site. At the express request of the Customer, goods may also be shipped from the Hallein warehouse at the Customer’s cost and risk. In this case, the risk passes to the Customer as soon as the goods have been handed over to the carrier.
(4) Transport insurance is only taken out at the express request and cost of the Customer.
(5) If the Customer is in default of acceptance, Easy Vending may claim 25% of the net value of the goods as liquidated damages. The right to claim higher damages is reserved.
(6) Subsequent change requests by the Customer shall extend agreed deadlines accordingly.

§ 6 Customer Obligations – Location and Permits

(1) The Customer is solely responsible for obtaining all official and private-law permits (e.g., under the Trade Regulation Act, Condominium Ownership Act) for the installation and operation of the vending machine. By signing the offer, the Customer declares that they have or will timely obtain all required permits and approvals.
(2) The contract remains in force even if the Customer does not have a suitable installation site, loses it, or fails to obtain the required permits. The Customer remains obligated to make full payment in any case.
(3) The Customer must provide a suitable power connection (220–240V, 50Hz) with adequate circuit protection at the installation site. In the event of power interruptions or fluctuations (more or less than 10% of the rated voltage), all warranties for electrical components shall be void.
(4) The Customer is obligated to use the machine properly and professionally, to clean it regularly at their own expense, and to use it exclusively for its intended purpose.
(5) For rental agreements: Modifications – whether of a technical or practical nature – to the machine are prohibited without the written consent of Easy Vending. Product slot changes may only be carried out with prior consent and at the Customer’s expense.
(6) For rental agreements: The Customer must leave the ownership identification (sticker) attached to the machine visible and must not remove it.
(7) For rental agreements: Subletting or assignment of rights under this contract to third parties is not permitted without the written consent of Easy Vending.

§ 7 Retention of Title

(1) For purchase agreements, the goods remain the property of Easy Vending until full payment of the purchase price including all ancillary costs (simple retention of title).
(2) For rental and leasing agreements, ownership of the rental/leasing object remains with the respective owner (Easy Vending or financing partner) for the entire duration of the contract. The Customer receives only a right of use.
(3) The Customer shall treat the property of Easy Vending or its financing partners with due care and protect it from third-party interference (seizure, confiscation). In the event of threatened interference, the Customer must notify Easy Vending in writing without delay – no later than within three (3) days.
(4) The Customer expressly waives the right to file a possessory action and the objection that the purchased item is necessary for the maintenance of their business, should Easy Vending repossess the machine due to a breach of contract.
(5) For leasing agreements: During the contract term, the Customer must insure the leased object at full replacement value against all customary risks (fire, water, theft, vandalism) and assign the insurance policy in favour of the financing partner.
(6) Upon contract termination (rental/leasing) or repossession, all equipment must be returned without delay at the Customer’s expense. The Customer is liable for loss, damage, or excessive wear.

§ 8 Warranty and Defect Notification

(1) Obvious defects must be reported in writing within five (5) days of delivery; otherwise, the goods shall be deemed duly accepted.
(2) The warranty period is twelve (12) months for new goods and six (6) months for used goods, each commencing upon handover.
(3) Easy Vending shall choose at its own discretion between repair or replacement delivery.
(4) No warranty claim exists in the case of: operator error, normal wear and tear, dirt, foreign objects, vandalism, moisture, overvoltage, power fluctuations, lack of maintenance/cleaning, improper use, interventions by unauthorised third parties, or the use of non-original parts or third-party equipment.
(5) The warranty claim shall expire immediately if the Customer or unauthorised third parties carry out repairs or interventions on the machine.
(6) The Customer expressly waives all warranty and compensation claims that exceed the warranty obligations set out herein.

§ 9 Limitation of Liability

(1) Easy Vending is liable only in cases of wilful intent or gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.
(2) Liability is limited in amount to the annual remuneration for the affected service or the net order value.
(3) Liability is excluded for: indirect damages, lost profits, loss of revenue, consequential damages, data loss, damages caused by vandalism, weather conditions, power outages, or power fluctuations.
(4) The Customer has no claim against Easy Vending for replacement of goods or money contained in the machine in the event of break-in, theft, force majeure, or technical malfunctions. The same applies to compensation for any resulting lost profits.
(5) Easy Vending shall not be liable for any disruptions, disadvantages, and damages caused by defects and malfunctions of the SIM card, NFC module, or telemetry module. The same applies in the case of mobile network, network, or connectivity issues.
(6) No liability is assumed pursuant to §§ 1299, 1300 of the Austrian Civil Code (ABGB) for advice, information, instructions, plans, or drawings.

§ 10 Telemetry, Remote Access, and Data Processing

(1) For digital services (telemetry, portal access, SIM cards, remote functions), the separate telemetry agreement between Easy Vending and the Customer applies in addition. The operation of the platform, servers, data processing, and scope of functions is the responsibility of the respective manufacturer (e.g., Vendon).
(2) Telemetry data originates from the Customer’s machine. Easy Vending does not guarantee the accuracy, completeness, or currency of such data. Portal values are not legally binding.
(3) Incomplete or missing data does not give rise to any claims against Easy Vending. No liability for outages or delays on third-party platforms.
(4) Telemetry data belongs to the platform operator. Easy Vending has no influence on storage or availability. No entitlement to data export, data processing, or historical data. After deactivation, data recovery is not possible; lost data is permanently lost.
(5) Remote commands (e.g., price changes): No guarantee for execution on the machine. The Customer is obligated to immediately verify the sales prices displayed on the machine after every service visit and after every remote price change via the telemetry system. Any price discrepancies or incorrect price assignments must be reported immediately. Liability for damages, loss of revenue, or other disadvantages resulting from unverified or unreported incorrect prices is excluded.
(6) In the event of late payment, Easy Vending is entitled to suspend or deactivate portal access, telemetry units, and SIM cards. A suspension does not give rise to a right of termination by the Customer.
(7) The Customer is solely responsible for the export, archiving, and backup of their data. Easy Vending assumes no obligation for data backup, archiving, or recovery.

§ 11 Special Provisions for Rental Agreements

(1) For rental agreements, the tenancy begins on the day of delivery. The Tenant waives ordinary termination for a period of five (5) years (minimum rental period of 60 months), unless a different term is agreed in the respective rental agreement.
(2) The rental agreement must be terminated in writing no later than three (3) months before the end of the minimum rental period. Otherwise, the tenancy shall automatically be extended by one (1) year in each case. Deviating notice periods or extension periods may be agreed in the respective rental agreement.
(3) The owner of the rental object is Easy Vending or another financing partner. Easy Vending accepts the contract in the name and on behalf of the financing partner.
(4) The rent includes service, vandalism insurance, and one (1) product changeover per year, unless otherwise agreed.
(5) If a contribution-free period is agreed, this shall not count towards the minimum term. The minimum term shall automatically be extended by the duration of the contribution-free period.
(6) Maintenance, fault rectification, replacement of defective components, and repairs shall be carried out by Easy Vending using original parts at the Lessor’s expense. The Tenant must report any need for repair without delay.
(7) In the event of early contract termination by the Tenant or for reasons attributable to the Tenant, Easy Vending is entitled to damages in the amount of all payments due until the end of the minimum rental period, discounted at the key interest rate of the OeNB (Austrian National Bank).
(8) The provisions of the respective rental agreement shall apply in addition.

§ 12 Special Provisions for Leasing Agreements

(1) For leasing agreements, the leasing contract is concluded directly between the Customer and the financing partner (abcfinance GmbH or F & S Leasing GmbH). Easy Vending brokers the contract and handles delivery.
(2) The general leasing conditions of the respective financing partner apply and become part of the leasing agreement.
(3) The non-binding leasing rate depends on the current key interest rate and may change until the contract is signed.
(4) Contract fees, processing fees, service contract, and insurance are shown separately and shall be borne by the Customer.
(5) Warranty and service claims are handled by Easy Vending, even if the leasing agreement is with the financing partner.

§ 13 Service and Maintenance

(1) During the warranty period, materials, labour, travel to and from the site, and diagnostics/troubleshooting for the replacement of defective parts are free of charge. Not free of charge: work on third-party equipment and activities that are not directly related to defect remediation.
(2) Outside the warranty period, all services are charged in full on a time-and-materials basis.
(3) For send-in repairs (bring-in): Shipping is at the Customer’s expense. In the case of a warranty claim, return shipping is free of charge. No entitlement to a return label. If the repair is declined or no warranty claim exists, diagnostics, inspection, and return shipping are chargeable.
(4) Cost estimates for repairs are chargeable unless a repair order is placed.
(5) No entitlement to replacement or loaner equipment during the repair.
(6) Customer service is provided by Easy Vending. Easy Vending is available to the Customer for telephone support on operational matters.

§ 14 Extraordinary Termination and Contract Termination

(1) Easy Vending is entitled to immediate extraordinary termination or withdrawal in the event of: (a) late payment despite a grace period of 14 days, (b) repeated late payment, (c) insolvency, opening or filing for insolvency proceedings, (d) material breach of contractual obligations, (e) tampering with telemetry units or SIM cards, (f) unauthorised subletting or change of location, (g) if further economically viable use at the location is no longer justifiable (e.g., in the case of significant vandalism).
(2) The contractual relationship ends upon receipt of the notice of termination. Easy Vending is entitled to collect the machine without delay. The costs of removal shall be borne by the Customer to the extent that the Customer is responsible for the termination.
(3) In the event of extraordinary termination by Easy Vending, all payment claims due until the regular end of the contract shall remain in force. Further claims for damages shall remain unaffected.
(4) Upon contract termination, the Customer waives any and all claims for damages against Easy Vending, to the extent that Easy Vending is not responsible for the termination.

§ 15 Data Protection and Credit Check

(1) Easy Vending processes personal data exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG 2018). Controller: Easy Vending GmbH, Weisslhofweg 12, 5400 Hallein.
(2) Credit check: The Customer acknowledges that Easy Vending carries out a credit check prior to countersigning the offer. No contract can be concluded without a credit check.
(3) For this purpose, Easy Vending transmits personal data of the Customer (company name, first and last name, title, date of birth, address) to credit agencies, namely KSV1870 and CRIF/CREDITREFORM Wirtschaftsauskunftei Kubicki KG, in order to obtain information on creditworthiness, in particular on payment behaviour, financial statements, business analyses, and balance lists.
(4) The legal basis for processing is Art. 6(1)(b) GDPR (pre-contractual measures) and Art. 6(1)(f) GDPR (legitimate interest in safeguarding against payment defaults in long-term contracts).
(5) For rental and leasing agreements, data is also transmitted to the financing partners (abcfinance GmbH, 1120 Vienna; F & S Leasing GmbH, 9020 Klagenfurt), who may also carry out a credit check.
(6) Telemetry data: Within the scope of the telemetry solution, sales data, sales statistics, stock levels, statuses, temperatures, alarms, technical device data, and location data are processed. This data is required to provide contractual services, analyse technical errors, and ensure the functioning of the telemetry system. Processing is carried out in part by the platform provider Vendon.
(7) The Customer agrees that Easy Vending may transmit data collected within the scope of the telemetry solution to partner companies, provided this is necessary for sales statistics, assortment optimisation, technical analyses, maintenance, or the operation of the vending machine infrastructure. Easy Vending ensures that all partner companies are committed to GDPR-compliant processing.
(8) Storage: Data is not stored for longer than is necessary to fulfil contractual and statutory obligations and to defend against potential liability claims (generally 7 years after the end of the contract in accordance with tax and corporate law retention obligations).
(9) Data subject rights: The Customer has the right to access, rectification, erasure, restriction of processing, data portability, and objection. Enquiries to: [email protected]. The Customer may revoke consent at any time with effect for the future. A revocation may result in certain services being unavailable or only available to a limited extent.
(10) The Customer has the right to lodge a complaint with the Data Protection Authority (Datenschutzbehörde), Barichgasse 40–42, 1030 Vienna.

§ 16 Final Provisions

(1) The place of performance for all services is the registered office of Easy Vending in Hallein.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – to the extent permitted by law – Salzburg City. Easy Vending may also bring proceedings at the Customer’s general place of jurisdiction.
(3) Austrian substantive law shall apply exclusively, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Both parties waive the right to contest the contract on grounds of laesio enormis (lesion beyond moiety).
(5) Side agreements, subsequent amendments, or other assurances require written form to be legally effective. This also applies to the waiver of this written form requirement.
(6) Easy Vending is entitled to transfer the contract in whole or in part, with all rights and obligations, or individual claims under this contract, to third parties.
(7) This contract may be signed electronically. Electronic signatures shall be deemed original signatures with the same legal effect.
(8) Severability clause: Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by such valid and enforceable provision that most closely approximates the economic objective.
(9) Easy Vending reserves the right to amend these GTC in the event of technical, economic, or legal developments, subject to reasonable advance notice.
(10) The disposal of old equipment is the responsibility of the Customer in accordance with statutory provisions.