General terms and conditions with customer information

Lang GmbH
Badhöring 49
4782 St. Florian
Austria

Web: www.langgruppe.com
E-Mail: office@langgruppe.com

Managing Director: Michael Lang

Register court: Regional court Ried im Innkreis
Register number: FN 265842w
VAT ID: ATU61937444

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Contract duration and contract termination for subscription contracts
  7. Retention of title
  8. Liability for defects (warranty)
  9. Special conditions for the processing of goods according to specific customer specifications
  10. Redemption of promotional vouchers
  11. Applicable law
  12. Place of jurisdiction
  13. Code of Conduct
  14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Lang GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1. 2 These GTC apply accordingly 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") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1. 3 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1. 4 These GTC apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These GTC only regulate the sale of tickets for certain events specified in the seller's item description and not the performance of these events. Only the statutory provisions in the relationship between the participant and the organizer and any deviating terms and conditions of the organizer apply to the implementation of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1. 6 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

1.7 Depending on the seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

1. 8 Components of the Seller's product range presented may - depending on the Seller's product description - be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "Telecommunications 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 telecommunications contract with the service provider and on the fact that the telecommunications contract is not revoked by the customer. The relevant statutory provisions and any deviating contractual terms and conditions of the respective service provider apply to the telecommunications contract. The seller merely acts 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 to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. 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.

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), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved 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's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.5 Before submitting a binding order via the seller's online order form, the customer can 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. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2. 6 Only the German language is available for the conclusion of the contract.

2. 7 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts for the sale of tickets for scheduled leisure events.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. 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 a payment method offered via the payment service "Stripe" is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on Stripe can be found on the Internet at https://stripe.com/en available.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall 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 processing of the transaction.

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 does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.

5.3 If the customer acts 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, carrier or 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 not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, 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 the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event 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 care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Tickets are provided to the customer as follows:

- by e-mail

6) Contract duration and termination of subscription contracts

6. 1 Subscription contracts are concluded for a limited period of time for the contract term shown in the respective product description in the seller's online store and end automatically after the contract term has expired.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

6. 3 Notices of termination must be made in writing or in text form (e.g. by e-mail).

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

8.2 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;
  • rights and claims for defects are excluded for used goods;
  • the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

8.3 The aforementioned limitations of liability and shortening of time limits do 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 existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8.6 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual terms and conditions of the respective service provider shall apply.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the Seller is also responsible for processing the goods in accordance with the Customer's specifications in addition to delivering the goods, the Customer must provide the Seller with all content required for 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. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. 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 obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9.3 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 applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

10. 1 Vouchers 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 "promotional 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 promotional voucher.

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

10.4 Several promotional vouchers can be redeemed with one 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 can be selected to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

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

10.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

11) Applicable law

The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of 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.

12) Place of jurisdiction

If the customer acts as 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 shall be the registered office of the seller. If the customer is domiciled 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 is in any case entitled to appeal to the court at the customer's place of business.

13) Code of conduct

- The seller has submitted to the guidelines for "Google Customer Reviews", which are available on the Internet at https://support.google.com/merchants/topic/7105962 are visible.

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 in which a consumer is involved.

14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.