Terms and Conditions
General Terms and Conditions general terms and conditions of Leichtfried GmbH & Co. KG, Zeltweg (as of 15.11.2020)
Scope & Deadlines
1.1 The business processing and delivery are carried out exclusively in accordance with the present General Terms and Conditions, which forms the basis of all contracts concluded on the basis of the offers on the website www.leichtfried-loden.com. Any general terms and conditions of business that contradict or deviate from the following provisions shall not apply. The following terms and conditions shall also apply even if we carry out the delivery and service without reservation with the knowledge of conflicting or deviating terms and conditions.
1.2 Under the General Terms and Conditions “consumers” refer to natural persons for whom the purpose of the order is not related to a commercial, independent or self-employed activity, i.e., a transaction is not connected with the operation of their business. “Entrepreneurs”, on the other hand, are natural or legal persons or partnerships with legal capacity for whom the transaction is related to the operation of their business. The distinction between consumer and entrepreneur is made in accordance with the Austrian Consumer Protection Act (KschG). “Customers” as defined in these General Terms and Conditions are both consumers and entrepreneurs.
1.3 If working days are specified as deadlines, they shall be understood as all weekdays with the exception of Saturdays, Sundays and public holidays.
Registration on our website
2.1 When entering your personal data required for registration, you are responsible for providing truthful and complete information. You are obliged to treat access to personal data confidentially and not to make them available to any unauthorized third party. Registration confirmation follows immediately after the registration has been sent by clicking on the button ” Free registration” or “Register” or “Log in”.
2.2 You are solely responsible for content you post in accessible areas (e.g., reviews). These may not infringe the rights of third parties. There is no claim to storage or publication of your posted content, such as product reviews.
2.3 You must refrain from any disruption of the websites or further use of the accessible data outside the respective internal use provided in the platform. Manipulations with the aim of obtaining unauthorized payments or other benefits to the detriment of Leichtfried Loden, one of our partners or other customers may, in addition to legal consequences, also lead to the loss of access.
2.4 Each customer is only entitled to maintain one customer account at a time. We reserve the right to delete multiple registrations and to warn or terminate customers who violate the provisions mentioned in Sections 2.1 to 2.3 or to delete or modify content (virtual property law).
2.5 We are not obliged to accept the registration or the order of a registered customer. We are not obliged to keep our offer permanently available. Any orders already confirmed shall remain unaffected.
Storage Option and Access to the Contractual Text
3.1 You can view our Terms and Conditions on the website www.leichtfried-loden.com under Terms and Conditions at the bottom of the website (footer).
3.2 You can archive order details by waiting for the automatic order confirmation, which is e-mailed to the e-mail address provided, after completing your order. This order confirmation e-mail contains the order details and our general terms and conditions and can be printed or saved with your e-mail program.
3.3 Your order data will be stored with us, but for security reasons, you will not be able to access it directly. For each customer, we offer password-protected direct access (“Login”), which allows you to view details of your completed, open and recently shipped orders and manage and store your address data, possible payment data and any newsletter.
Language and Conclusion of Contract
4.1 Contracts for articles offered under www.leichtfried-loden.com can only be completed in German. The content of the contract, all other information, customer service, data information and complaint resolution are offered in German.
4.2 By clicking the “Pay” button, you place a binding order for the items in the shopping cart. The confirmation of receipt of the order follows immediately after submitting the order.
4.3 A binding contract is concluded with the transmission of the order confirmation, but no later than when the goods ordered are delivered. You are bound to your order for 2 working days in the case of goods marked as “available”, regardless of the right of withdrawal that already exists for orders as a consumer. Otherwise, the binding period is 4 working days at the most.
4.4 Please note that the delivery of the ordered goods in case of prepayment (reservation) will only take place after the full amount has been credited to our account. If, despite the due date, we have not received your payment within 5 calendar days after the order confirmation has been sent, including after a renewed request, we will withdraw from the contract with the consequence that your order is no longer valid, and we are not obliged to deliver. The order is then terminated for you and for us without further consequences. Reservation of goods with prepayment is not possible. We reserve the right to withdraw from the contract in case of an unforeseen inability to deliver. Any payments made will, of course, be refunded immediately in accordance with the method of payment.
Extension of Delivery Times
In the event delivery is affected due to force majeure, the delivery time shall be extended as necessary. Force majeure includes strikes, lockouts, official interventions, energy and raw materials shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, for example due to fire, water and machine damage, and all other hindrances which, from an objective point of view, have not been intentionally caused by us. We will inform you immediately of the start and end of such disruptions.
Applicable Law, Place of Jurisdiction
6.1 All legal transactions or other legal relationships with us shall be governed by the law of the Republic of Austria. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements, even after their incorporation into Austrian law, shall not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall apply only to the
extent that the protection granted is not deprived by mandatory provisions of the law of the State in which the consumer is habitually resident.
6.2 In business transactions with merchants and legal entities under public law, the place of jurisdiction for all disputes concerning these terms and conditions and individual contracts concluded under their validity, including bills of exchange and cheque actions, is the registered office of Leichtfried GmbH & Co. KG (Möbersdorf, Zeltweg). In such cases, we are also entitled to pursue legal action at the customer’s place of business.
6.3 We undertake to participate in the internet ombudsman’s arbitration procedure in the event of a dispute:
Internet Ombudsman, Ungargasse 64-66/3/404, A-1030 Vienna
The OS Platform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr
Our e-mail address: firstname.lastname@example.org
Right to Appeal
7.1 You have the right to lodge a complaint with a supervisory authority. For Austria, this is the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, phone: +43 1 52 152-0, e-mail: email@example.com, web: www.dsb.gv.at. You are also encouraged to contact us directly if you have any complaints: firstname.lastname@example.org
Amendment to the General Terms and Conditions
We are entitled to unilaterally amend these General Terms and Conditions – insofar as they have been introduced into the contractual relationship with the customer – where necessary to eliminate any subsequent equivalence disruptions or to adapt to changed legal or technical conditions. We will inform the customer of any adjustments by notifying him or her of the content of the amended provisions. The change will become part of the contract if the customer does not object to our inclusion in the agreement in writing or text form within six weeks of receipt of the notification of change.
Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective legal regulations.
ORDERS IN THE LEICHTFRIED LODEN ONLINE SHOP
When ordering items from the Leichtfried Loden Online Shop, your exclusive contractual partner is Leichtfried GmbH & Co. KG in Möbersdorf 7, 8740 Zeltweg, Austria. The contractual partners agree to the application of Austrian law. If the consumer has his or her domicile or habitual residence or is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual
residence or place of employment is located can be established for any legal action against him or her; this does not apply to legal disputes that have already arisen.
Prices and Shipping Costs
The prices quoted in the offer/webshop at the time of ordering apply. The prices quoted are the final prices, i.e., they include the applicable statutory value added tax and other price components (excluding shipping costs).
Shipping costs are added separately during the ordering process.
Our shipping costs include processing, packaging and shipping. Since the shipping prices are dependent on the size, weight and destination country of each particular order, they are calculated individually for each order in the online shop.
You can check the specific shipping costs of the goods you want in the online shop by placing the selected items in the shopping cart and selecting the destination country of the delivery. The price shown there includes all the above costs.
The actual shipping costs of the goods you wish to order can be viewed in the online shop by placing the selected items in the shopping cart and selecting the destination country for the shipment. The price shown there includes all costs listed above.
Payment, Delivery Times and Delivery Partners
3.1 In principle, we offer the following payment methods: – Prepayment by bank transfer
You should transfer the stated total amount to our account within 5 working days, the ordered items will be reserved for you until then. As soon as your payment has been received, we will ship the ordered items to the address provided.
– Payment by credit card
The electronic transactions are carried out via our payment service provider Stripe. We reserve the right, for each order, not to offer certain payment methods and to refer to other payment methods. The goods are invoiced in Euro.
3.2 In the case of a credit card purchase, your credit card account will be debited upon completion of the order.
3.3 Worldwide payments are accepted.
3.4 Goods that are marked as “available” in the online store will be delivered immediately after we receive the order and, if applicable, after receipt of the advance payment, generally within a maximum of 7-10 working days. Any deviating delivery times are indicated on the respective product page.
3.4.1 Delivery times and delivery dates are generally non-binding, but we make every effort to deliver by the fastest possible means, i.e., by parcel service. It should be taken into account that our products are not mass produced and delivery bottlenecks cannot always be avoided. In such cases we may fulfil the order through partial deliveries.
3.4.2 In the case of acceptances of larger quantities, delivery times are expressly agreed separately in writing.
3.4.3 The delivery date is postponed in cases of force majeure or occurrence of unforeseen events that are outside our control.
3.4.4 The delivery date shall also be postponed if the customer is in default with the obligations for which the customer is responsible, e.g., handing over documents or other types of cooperation.
3.5 Our goods are delivered by DPD. The place of performance for all business transactions is the company location. When the goods are shipped, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has entered into the contract of carriage without making use of an option we have proposed, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.
Legal Right of Withdrawal When Purchasing Items from Leichtfried GmbH & Co. KG Online Shop
Below you will find the legally required information about the requirements and consequences of the right of withdrawal. In case of returns, you can use the printed return label enclosed with your order. In the event of rescission of the purchase contract, Leichtfried GmbH & Co. KG will bear the direct costs of returning the goods (valid for deliveries from Austria and EU countries).
Unfortunately, we cannot provide a pre-paid return label for a return from countries other than those mentioned above.
If you wish to make a return, attach sufficient postage to the package and send it to the following address:
Leichtfried GmbH & Co. KG Onlineshop
Only items that have not been worn, used or washed can be returned. Please do not remove labels. As soon as the returned items have been inspected and accepted by us, we will process the refund as a credit applied to your original method of payment, unless you have expressly agreed otherwise.
The consumer has no right of withdrawal in the case of finalized contracts for goods that are made to customer specifications or are clearly tailored to personal needs. This applies in particular with metre-by-metre goods and custom-made products.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform Leichtfried GmbH Co. KG, Möbersdorf 7, 8740 Zeltweg, +43 3577 81505, email@example.com by means of a clear declaration (e.g., a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You have the right to withdrawal from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the final goods. In order to exercise your right of withdrawal, you must inform Leichtfried GmbH Co. KG, Möbersdorf 7, 8740 Zeltweg, +43 3577 81505, shop@leichtfried-
loden.com of your decision to revoke this contract by submitting a written declaration (e.g., a letter, fax or e-mail sent by post).
You can use the attached sample withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, you must send the notification of your exercise of the right of withdrawal before the end of the withdrawal period.
However, tailored goods as well as special and custom-made products (meter goods and custom- made products) are excluded from this right of return without exception.
If, contrary to expectations, the delivery does not meet the high quality standards, you can contact us. Even if it is after the 14-day period, we will try to resolve the issue. The warranty is subject to the legal regulations. If replacement or remedy is not feasible (not possible, too much effort, unreasonable, delay in time), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract. Compensation for consequential damages as well as other property damage, financial loss and damages of third parties against the customer, unless it is a consumer transaction, is excluded.
Consequences of Cancellation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery other than the most economical standard delivery we offered), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this refund. We may refuse to complete the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Leichtfried GmbH & Co. KG, Onlineshop, Möbersdorf 7, 8740 Zeltweg, Austria without delay and in any case no later than fourteen days from the day you notify us of the cancellation of this contract. The deadline is considered met if you send the goods before the end of the fourteen-day period.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that was not required for testing the condition, characteristics and functionality of the goods.
Retention of Title
We reserve title to all goods delivered by us until the customer has paid for the goods in full. The customer is not authorized to pledge or transfer ownership of the object of purchase to a third party.
Leichtfried GmbH & Co. KG Möbersdorf 7
Tel: +43 3577 81505
Fax: +43 3577 81580
UID No. ATU29313301
Member of the WKO Styria, Weber, Wirker and Possamentierer Headquarters: A-8740 Zeltweg
Legal form: GesmbH & Co KG
Managing Director: Mag. Josef M. Leichtfried
Place of jurisdiction: Leoben
Company Register Court Leoben, FN 16206H