1. Scope
1.1. For the business relationship between Lu&me GmbH, Rosenackerstraße 58 / 13, A-1170 Vienna (hereinafter seller) and the customer (hereinafter customer), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +43 (0)1 9346607 or by e-mail at servus@luandme.at.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
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2. Offers and Description of Services
2.1. The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the sellers websites do not have the character of an assurance or guarantee. 2.2. All offers are valid while stocks last, unless otherwise noted on the products. Apart from that, errors remain reserved.
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3. Ordering process and conclusion of contract
3.1. The customer can select products from the sellers range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. 3.2 The customer can then proceed to complete the ordering process within the shopping cart by clicking the [Continue to checkout] button. 3.3. The customer submits a binding offer to purchase the goods in the shopping cart by clicking on the [Order for a fee] button. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*). 3.4. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customers order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that the customers order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, hand it over or the shipment arrives has confirmed to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice. 3.5. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
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4. Prices and shipping costs
4.1. All prices stated on the sellers website include the applicable statutory sales tax. 4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
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5. Delivery, Availability of Goods
5.1. If no copies of the product selected by the customer are available at the time of the customers order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract does not come about in this case. 5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the seller is also entitled to withdraw from the contract. The seller will immediately refund any payments already made by the customer. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
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6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. 6.2. If payment by invoice is possible, payment must be made within [30 days] of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction. 6.3. If third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply. 6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay interest on arrears at a rate of 9.2 percentage points above the base interest rate. 6.5. The customers obligation to pay interest on arrears does not exclude the assertion of further default damages by the seller.6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
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7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
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8. Warranty and Guarantee
8.1. The warranty is determined by statutory regulations. 8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given.
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9. Liability
9.1. The following exclusions and limitations of liability shall apply to the seller's liability for damages, irrespective of the other legal requirements for claims. 9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence. 9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. 9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.9.5. Insofar as the selles liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
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10. Right of Withdrawal
- Beginning of the cancellation policy for consumers -
Withdrawal by express written declaration
Every customer can withdraw from the concluded contract within 14 days of receipt of the goods by sending a written declaration of withdrawal without giving reasons. It is sufficient if the declaration of withdrawal is sent within this period (the date of the posting slip is decisive). In this case, the customer is demonstrably obliged to return the goods immediately. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer must pay the seller an appropriate fee for the use, including appropriate compensation for the damage incurred – up to a maximum of the value of the goods. The declaration of withdrawal must be sent to the following address:
Lu&me Ltd
Rosenackerstrasse 58 / 13
A-1170 Vienna
Phone: +43 (0)1 9346607
Email: servus@luandme.at
Withdrawal due to poor return of the goods
The customer can also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, the demonstrable timely dispatch of the goods is sufficient to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is sent with sufficient postage. Only in the case of an incorrect or defective delivery does the seller bear the return shipping costs (postage).
The risk of the return and its proof lies with the customer. If the customer withdraws (by express declaration or simply by returning the goods), the seller will immediately refund the purchase price already paid – shipping costs will not be refunded. When ordering on open account, the customer account will be credited.
Sample cancellation form
If you want to revoke the contract, you can use this form. Print it out, fill it out and send it back. You can also copy the form into an email and send it to us.
On
Lu&me Ltd
Rosenackerstrasse 58 / 13
A-1170 Vienna
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s) (only in the case of notification on paper):
- Date:
—————————————
(*) Delete where not applicable.
– End of the cancellation policy for consumers –
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11. Notes on the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or in the case of delivery of audio or video recordings or software if the data carriers delivered have been unsealed by you.
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12. Returns
12.1. Customers are asked to report the return to the seller (telephone: +43 (0)1 9346607, email: servus@luandme.at) before returning the item in order to announce the return. In this way they enable the seller to assign the products as quickly as possible. 12.2. Customers are asked to send the goods back to the seller as a postage paid package and to keep the proof of delivery . 12.3. Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be sent back to the seller in the original packaging with all accessories. If the original packaging is no longer in the sellers possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging. 12.4. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the withdrawal according to No. 10 of these GTC.
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13. Storage of the text of the contract
13.1. The seller saves the contract text of the order. The GTC are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order. 13.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Furthermore, the customer receives a copy of the General Terms and Conditions with his order.
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14. Privacy
14.1. The seller processes the customers personal data for a specific purpose and in accordance with the statutory provisions. 14.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the order, delivery and payment process. 14.3. The customer has the right to request information free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it. 14.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
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15. Jurisdiction, Applicable Law, Contract Language
15.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law. 15.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations oppose such an application. 15.3. Contract language is German.
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Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr findst. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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