Terms of service

Table of Contents

1. Scope
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. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of Lürzer Obertauern GmbH & Co. KG (hereinafter "Seller") apply to all contracts that a consumer or business (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the provision of vouchers, unless expressly provided otherwise.

1.3 For the purposes of these Terms, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity.

1.4 For the purposes of these Terms, a business 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 self-employed professional activity.

2) Conclusion of Contract

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

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer relating to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email 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 email), in which case the receipt of the order confirmation by the Customer is 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 has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above 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 effect that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed by 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/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer, together with these Terms, in text form (e.g. email, fax or letter) after the Customer's order has been sent. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account, using the relevant login details, provided the Customer created a customer account in the Seller's online shop before sending their order.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Terms

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

4.2 The Customer has various payment options available, which are indicated in the Seller's online shop right at the start of the ordering process.

4.3 If payment in advance has been agreed, payment is due immediately after the contract is concluded.

4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment will be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may make use of further payment services, which may be subject to special payment terms of which the Customer will be separately informed where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If the "Amazon Payments" payment method is selected, payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung.

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified during the Seller's order processing is decisive. By way of exception, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had notified the Customer of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. With regard to the costs of returning goods in the event of the Customer's effective exercise of the right of withdrawal, the provision made in this respect in the Seller's withdrawal policy applies.

5.3 In the case of self-collection, the Seller will first inform the Customer by email that the goods ordered are ready for collection. After receiving this email, the Customer may collect the goods from the Seller's premises by arrangement with the Seller. In this case, no shipping costs will be charged.

5.4 Vouchers are provided to the Customer as follows:

- by post

6) Retention of Title

If the Seller performs in advance, it retains title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided by the following provisions, the statutory rules on liability for defects apply. By way of exception, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a business,

• the Seller has the choice of the primary warranty remedy;
• for new goods, the limitation period for warranty claims is one year from delivery of the goods;
• for used goods, warranty rights are excluded;
• the limitation period does not begin anew if a replacement (substitute delivery) is made as part of the liability for defects.

7.2 The limitations of liability and shortened time limits set out above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use for a building and have caused the building's defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the contract constitutes a business-related transaction for both parties within the meaning of Section 343(2) of the Austrian Commercial Code (UGB), the Customer is subject to the commercial duty to examine and give notice of defects pursuant to Section 377 UGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery carrier about any goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers

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

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

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

8.4 Only one promotional voucher can be redeemed per order.

8.5 If the promotional voucher relates to a specific monetary value rather than a percentage discount, 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.

8.6 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 selected to settle the difference.

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

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher as part of their statutory right of withdrawal.

8.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the substantive entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.3 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.4 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the substantive entitlement of the respective voucher holder.

9.5 If the Customer returns goods paid for in full or in part with the gift voucher as part of their statutory right of withdrawal, the credit will again be refunded as a gift voucher. If a gift voucher purchased for consideration is returned unused as part of the statutory right of withdrawal, the Customer will be refunded the purchase price of that gift voucher.

10) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

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