General terms and conditions with customer information
Lang GmbH
Badhöring 49
4782 St. Florian am Inn
FN: 265842w
Commercial register court: LG Ried im Innkreis
ATU61937444
Web: langgruppe.com
E-mail: office@langgruppe.com
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Special conditions for repair services
- Redemption of promotional vouchers
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Lang GmbH (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") 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 objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the Seller owes the provision of digital content or digital services (hereinafter "digital products"), which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.5 Components of the Seller's represented assortment may - depending on the Seller's product description - be connected with the conclusion of a contract for the provision of telecommunication services (hereinafter "Telecommunication Contract") with a third party provider (hereinafter "Service Provider"). In this case, the existence of the contract with the Seller depends on the conclusion of a Telecommunication Contract with the Service Provider and on the fact that the Telecommunication Contract is not revoked by the Customer. The telecommunication contract shall be governed by the relevant statutory provisions and, if applicable, by the contractual terms and conditions of the respective service provider that deviate from these. The seller acts only as an intermediary for such contracts.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through 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 concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by e-mail or by telephone.
2.3 The 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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "mollie" is selected, the payment shall be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the 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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods 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 in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even 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 to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours indicated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims due to defects are excluded for used goods;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of time limits shall not apply to
- for claims for damages and reimbursement of expenses of 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 customary use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.5 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
7.6 The Seller shall not be liable for defects in the performance of the telecommunication contract for which the respective service provider is exclusively responsible. In this respect, the relevant statutory provisions shall apply as well as any deviating contractual terms and conditions of the respective service provider.
8) Special conditions for the processing of goods according to certain specifications of the customer.
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller also owes the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The customer shall be solely responsible for the procurement and acquisition of rights to such content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this regard, the Customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Special conditions for repair services
If, according to the content of the contract, the seller owes the repair of an item of the customer, the following shall apply to this:
9.1 Repair services shall be provided at Seller's place of business.
9.2 The Seller shall provide its services, at its discretion, in its own person or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall have no claim to the selection of a specific person to perform the desired service.
9.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information falls within the scope of the Seller's obligations according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect identified.
9.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends the Customer to ship the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
9.5 The return of the item shall be at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
9.6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it again from the Seller's place of business itself if this results from the Seller's service description or if the parties have reached an agreement to this effect. In this case, the aforementioned provisions on the bearing of costs and risks in the case of shipment and return shipment of the item shall apply accordingly.
9.7 The aforementioned provisions do not limit the Customer's statutory rights in case of defects in case of purchase of goods from the Seller.
9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
10.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
10.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation authorization of the respective holder.
11) Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) Jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the place of business of the seller 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 invoke the court at the Customer's place of business.
13) Code of conduct
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
