Table of Contents

1. scope of application
2. conclusion of contract
3. right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. retention of title
7. Liability for defects (warranty)
8. Redeeming promotional vouchers
9. Applicable law
10. jurisdiction
11. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Lang GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise specified. In addition to delivering the goods, the seller is also responsible for providing digital content or digital services (hereinafter referred to as "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or telephone.

2.3The seller may accept the customer's offer within five days.

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.5Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.6Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.7Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2The payment option(s) will be communicated to the customer in the seller's online shop.

4.3If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select a payment method offered via the payment service "Mollie," payment processing will be handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be communicated to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information about "Mollie" is available on the Internet at https://www.mollie.com/en/ available.

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's withdrawal policy shall apply to the costs of return shipment.

5.3If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance delivery, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.1If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for warranty claims is one year from delivery of the goods;
• the rights to claim for defects are excluded for used goods;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2The above limitations of liability and shortened periods shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual warranty rights.

8) Redemption of promotional vouchers

8.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

8.2Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

8.3Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.4Only one promotional voucher can be redeemed per order.

8.5If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7The credit balance of a promotional voucher will not be paid out in cash or bear interest.

8.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9The promotional voucher is transferable. The seller can redeem it with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is based outside the territory of the Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to bring an action before the court at the customer's place of business.

11) Alternative dispute resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.