Terms and Conditions (T&C)

Contact:
LebensForm Edermayer e.U.
Markus Edermayer
Weistracher Straße 37
3352 St. Peter in der Au
Austria

Tel.: +43 (0) 720 270 533
E-Mail: shop@lebensform.at

Effective Date: April 20, 2023

Allgemeine Geschäftsbedingungen mit Kundeninformationen

1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices, Shipping Costs, and Shipping Providers
5. Delivery and Product Availability
6. Payment Methods
7. Retention of Ownership
8. Warranty, Liability, and Guarantee
9. Risk Transfer During Delivery
10. Liability
11. Storage of Contract Text
12. Applicable Law, Jurisdiction
13. Dispute Resolution Body
14. Miscellaneous

1. Scope of Application
   1.1. These Terms and Conditions exclusively govern the business relationship between LebensForm Edermayer e.U., Weistracher Straße 37, 3352 St. Peter in der Au (hereinafter referred to as the “Seller”), and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order.
   1.2 You can contact our customer service for questions, complaints, and claims via email at office @ lebensform.at.
   1.3. A consumer under these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity (§ 13 BGB).
   1.4. Deviating terms of the Customer will not be recognized unless the Seller explicitly agrees to their validity.
   
   
2. Offers and Service Descriptions
   2.1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to place an order. Product descriptions in catalogs or on the Seller’s websites do not have the character of a warranty or guarantee.
   2.2. All offers are valid “while supplies last,” unless otherwise stated for the products. Errors and omissions excepted.
   
   
3. Ordering Process and Conclusion of Contract
   3.1. The Customer can select products from the Seller’s assortment without obligation and collect them in a shopping cart via the [Add to Cart] button. Within the shopping cart, the product selection can be modified, e.g., deleted. The Customer can then proceed to complete the ordering process by clicking [Proceed to Checkout].
   3.2. By clicking [Place Order], the Customer submits a binding purchase request for the items in the shopping cart. Before submitting the order, the Customer can view and modify the data at any time and use the browser’s “back” function to return to the shopping cart or cancel the ordering process altogether. Required fields are marked with an asterisk (*).
   3.3. The Seller will then send the Customer an automatic confirmation of receipt via email, listing the Customer’s order, which can be printed using the “Print” function. The automatic confirmation of receipt only documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the application. The purchase contract is only concluded when the Seller dispatches the ordered product within 2 days, hands it over, or confirms the dispatch to the Customer within 2 days with a second email, explicit order confirmation, or the issuance of an invoice.
   3.4. If the Seller enables prepayment, the contract is concluded with the provision of bank details and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation despite being due, the Seller may withdraw from the contract, making the order null and void without any further obligations for both parties. A reservation of the item for prepayment orders is thus limited to 10 calendar days.
   
   
4. Prices, Shipping Costs, and Shipping Providers
   4.1 All prices stated on the Seller’s website are inclusive of statutory value-added tax (VAT), unless explicitly stated otherwise.
   4.2 In addition to the stated product prices, shipping costs may apply. These will be clearly communicated to the Customer during the ordering process and must be borne by the Customer, unless the Customer qualifies for free shipping under certain conditions explicitly stated on the Seller’s website.
   4.3 Shipping providers are selected by the Seller to ensure timely and secure delivery. The Customer will be informed of the shipping provider in the order confirmation.
   
   
5. Delivery and Product Availability
   5.1 Delivery times are specified on the respective product page or during the ordering process.
   5.2 If the product is unavailable at the time of the order, the Seller will inform the Customer immediately. If the product is permanently unavailable, the Seller will not accept the order, and no contract will be formed.
   5.3 If the ordered product is temporarily unavailable, the Seller will inform the Customer in the order confirmation or subsequently. In cases of delivery delays exceeding two weeks, the Customer has the right to withdraw from the contract. The Seller also reserves the right to terminate the contract in such cases, and any payments made by the Customer will be promptly refunded.

   5.4 If the ordered product is not available because the Seller was not supplied with the product by their supplier through no fault of their own, the Seller may withdraw from the contract. In such cases, the Seller will promptly inform the Customer and may propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will promptly refund any payments already made by the Customer.
   5.5 Customers will be informed about delivery times and delivery restrictions (e.g., restrictions to specific countries) on a separate information page (Shipping & Returns). If the Customer’s country is not selectable as a shipping address, the Customer is requested to contact the Seller via email.

6. Payment Methods
   

   6.1 The Customer may choose from the available payment methods as part of and before completing the order process. Customers will be informed about the available payment options on a separate information page.
   6.2 If payment by invoice is possible, payment must be made within 30 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
   6.3 If third-party providers (e.g., PayPal) are commissioned with the payment processing, their terms and conditions shall apply.
   6.4 If the payment deadline is determined by the calendar, the Customer will be in default upon missing the deadline. In such cases, the Customer shall pay statutory default interest.
   6.5 The obligation of the Customer to pay default interest does not preclude the Seller from claiming further damages caused by the delay.
   6.6 The Customer is only entitled to offset if their counterclaims are legally established or acknowledged by the Seller. The Customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

7. Retention of Title
   

   We reserve ownership of the delivered service or goods, or the media processed or created by us, until all payments from the business relationship with the Customer have been received. If the Customer resells goods subject to retention of title, they are obligated to also transfer the retention of title to their purchaser.
   The Customer must promptly notify us of any third-party access to goods subject to retention of title. Pledges, transfers by way of security, or similar actions involving goods subject to retention of title are only permitted with our prior consent.
   In the event of payment default and after a reminder, if payment is not immediately made, our goods subject to retention of title must be returned without delay. The costs for the return are borne by the Customer.

8. Warranty, Liability, Guarantee
   

   The warranty is governed by statutory provisions. It is limited to the statutory period starting from the acceptance of the goods by the buyer or, in the case of services, upon completion of the service. In the case of justified complaints, either a free replacement or improvement will be provided, for which an appropriate period must be granted. If replacement or improvement is not feasible (impossible, excessive effort, unreasonable, deadline delay, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission).
   Defects should be reported as soon as possible upon delivery or after they become apparent. Failure to report defects immediately does not affect consumer warranty rights. If the purchase is a commercial transaction (B2B), the customer must inspect the goods no later than two weeks after receipt and report any defects immediately upon discovery.
   Our company is only liable for damages caused intentionally or through gross negligence. This does not apply to personal injuries or consumer transactions. The burden of proof for slight or gross negligence lies with the injured party unless it is a consumer transaction. Compensation for consequential damages, property damages, financial losses, and damages to third parties by the customer is excluded unless it is a consumer transaction.
   Guarantee claims must be made to the guarantor and are subject to their conditions. Any applicable warranty terms can be found in the contract confirmation. Exercising a guarantee does not limit statutory warranty rights.

9. Risk Transfer in Delivery
   9.1. “When shipping goods, the risk of loss or damage to the goods only passes to the consumer once the goods are delivered to the consumer or a third party designated by them who is not the carrier. However, if the consumer independently concludes the shipping contract without utilizing a selection option proposed by us, the risk passes to the consumer upon handover of the goods to the carrier.”
   
   
10. Liability
    

    10.1. For liability for damages, the following exclusions and limitations of liability apply, notwithstanding other legal requirements for claims.
    10.2. The seller is fully liable if the cause of the damage is based on intent or gross negligence.
    10.3. Furthermore, the seller is liable for the slight negligent violation of essential obligations, the violation of which endangers the achievement of the contractual purpose, or for the violation of obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical contractual damage. The seller is not liable for the slight negligent violation of obligations other than those mentioned in the previous sentences.
    10.4. The above-mentioned limitations of liability do not apply in the case of injury to life, body, or health, for a defect after assuming a guarantee for the condition of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
    10.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

11. Storage of the Contract Text
    

    11.1. The customer can print the contract text before placing the order with the seller by using the print function of their browser in the last step of the order process.
    11.2. The seller will also send the customer an order confirmation with all order details to the email address provided. With the order confirmation, the customer will also receive a copy of the GTC, the cancellation policy, and information about shipping costs, as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it publicly accessible on the internet.

12. Applicable Law, Jurisdiction, Contract Language
    

    12.1. The contracting parties agree on the application of Austrian law. If the consumer has their residence or usual place of residence in the country or is employed in the country, jurisdiction for any lawsuit against them can only be established at the court whose jurisdiction covers the place of residence, usual place of residence, or place of employment; this does not apply to legal disputes that have already arisen. The UN Sales Law, as well as all provisions related to the UN Sales Law, are expressly excluded. For contracts with businesses, our company’s registered office is agreed as the place of jurisdiction.

    12.2. The contract language is German.

13. Arbitration Body
    

    We commit to participating in the arbitration procedure of the Internet Ombudsman in case of disputes: www.ombudsstelle.at. More information about the procedures can be found at www.ombudsstelle.at. The OS platform can also be used for resolving disputes with our company: https://ec.europa.eu/consumers/odr

    Our email address: shop@lebensform.at

    Miscellaneous

    Claims for recourse under the Product Liability Act are excluded unless the party entitled to recourse can prove that the defect was caused in our sphere and at least grossly negligent. The contracting party waives the possibility of offsetting. However, this does not apply to consumers.

    Voluntary behavior guidelines: www.guetezeichen.at

Weitere Links:
Impressum | AGB | Datenschutz | Widerrufsrecht

Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Verbraucher haben die Möglichkeit, sich für die Beilegung ihrer Streitigkeiten an [Name, Anschrift, Webseite der Schlichtungsstelle] zu wenden. Wir sind verpflichtet, an Verfahren zur Streitbeilegung vor dieser Stelle teilzunehmen. Wir werden an einem solchen Verfahren teilnehmen.