As at 13 December 2016
1. SCOPE AND CONTRACTUAL PARTNERS
- During the ordering process, these General Terms of Sale and Delivery (hereinafter referred to as “T&C”) are deemed accepted by you as a customer of the online shop “www.lehnerfloral.at” (hereinafter referred to as “online shop”) in the version in effect at the time the contract is concluded and serves as the basis for the business relationship between you as a customer (hereinafter referred to as “Customer” or “you/your”) and LEHNER WOLLE GmbH, Klosterstraße 20, 4730 Waizenkirchen, FN 440661g (hereinafter referred to as “LEHNER WOLLE”). LEHNER WOLLE reserves the right to change the T&C at any time. The Customer undertakes to read the T&C before making any orders and to accept them only after doing so. Transaction processing and delivery is implemented exclusively on the basis of these T&C; any deviating conditions will not be accepted by LEHNER WOLLE.
- A business is any organisation pursuing independent economic activity on a continuing basis, even if this organisation does not intend to make a profit. Legal entities are classified as entrepreneurs. Consumers are, as defined by the Consumer Protection Act § 1, individuals for whom the business of the respective business relationship is not part of the operation of their company. LEHNER WOLLE does not conclude any contracts with consumers, but exclusively with businesses.
- Contracts that are concluded via the online shop may only be concluded in German, English, French and Italian.
2. CONCLUSION OF CONTRACT: OFFER AND ACCEPTANCE
- The presentation of goods in the online shop is a solicitation for tender by the customer. It should be noted that LEHNER WOLLE manufactures the respective products on the basis of specific customer orders and LEHNER WOLLE does not keep goods in stock.
- After selecting a product and its exact specification and quantity, the customer can add the product to the cart by clicking the cart button “Add to cart”. The customer can navigate to the cart by clicking on the cart symbol at the top right of the online store. Quantity and product selection can be changed there. By clicking the “Checkout” button you navigate to the overview of your intended order with a view of the goods in the basket. In this overview, the data is displayed that you need to provide to process and deliver the order. On this page, all data must be checked for input errors and if necessary be corrected by using the back button of your browser or by contacting LEHNER WOLLE to have them corrected. After accepting the T&C, the customer submits his offer to conclude a purchase contract (order) by clicking the “ORDER” button situated beneath the offer summary. The receipt of this order will be confirmed by an automatically generated order confirmation email.
- The contract only becomes binding for both parties once the goods of LEHNER WOLLE have been dispatched to the shipping company and have left the plant of LEHNER WOLLE or LEHNER WOLLE has sent you a payment request (conclusion of contract). Significant for the conclusion of the contract is the event that transpires first.
- Immediately after the contract is concluded, LEHNER WOLLE will send contract confirmation to the email address you have provided. LEHNER WOLLE stores the text of the contract after the conclusion of the contract.
- Regardless of the payment method, LEHNER WOLLE reserves the right to declare acceptance of the contract only with respect to specific goods in an order that consists of several products. Where applicable, any advance payments already made will be reimbursed.
3. PRICES, PAYMENT AND DELIVERY CONDITIONS, RETENTION OF OWNERSHIP
- Unless otherwise stated in the online store, all prices displayed in the online shop are in euro excl. VAT, customs duties, import fees, other legal fees, delivery costs/insurance and all fees and expenses associated with the payment which in any case are borne by the customer. Changes or introduction of new taxes or charges in the producing country or in Austria as well as changes in exchange rates entitle LEHNER WOLLE to make a corresponding change in Price.
- The respective delivery costs are shown separately in the order confirmation. The current price on the day of delivery is valid.
- Special offers and prices are subject to change. Therefore, there is no entitlement to any continuation of such special offers/Prices.
- Orders picked up directly can be paid for with cash, via credit card, bank transfer or by invoice. Cheques and bills of exchange are only accepted by LEHNER WOLLE by special agreement and only as payment. LEHNER WOLLE reserves the right to restrict the available payment methods or to make agreements separately with the customer.
- Unless otherwise agreed, the fee is payable upon conclusion of the contract in advance when paying by invoice, within 14 days after invoicing.
- The customer is not entitled to set off. Retention of ownership is excluded.
- The delivery charges are provided in the online store and are to be paid by the customer.
- Delivery is – unless otherwise agreed in writing – ExW (Incoterms 2010). Loading and transport take place in any event at the risk of the customer, even if the transport is per agreement implemented or initiated by LEHNER WOLLE.
- Agreed delivery times are given in working days and are subject to the conclusion of the contract and – except for payment by invoice – subject to the receipt of payment. If delivery is delayed, LEHNER WOLLE is to be granted in writing a reasonable extension of at least 20 working days.
- In the case of force majeure, in particular strikes and environmental factors, the delivery time is extended accordingly for the duration until such hindrance ceases to exist. LEHNER WOLLE will – to the extent possible – inform you about the beginning and end of such hindrances.
- Within the agreed delivery times LEHNER WOLLE is entitled to partial deliveries; any additional delivery costs will be borne by LEHNER WOLLE.
- Should the delivery of the goods fail despite two attempts for reasons for which LEHNER WOLLE is not responsible, LEHNER WOLLE shall be entitled to withdraw from the contract. This does not affect the legal rights of the Parties, in particular damages claims made by LEHNER WOLLE.
- LEHNER WOLLE reserves the right to charge a reminder fee of EUR 10.00 per reminder in case of default of payment. This does not affect the right to charge interest at the rate of 10% per annum, to claim damages or to withdraw from the contract. The customer is also obliged to bear the cost of a collection agency or a lawyer, which are necessary for appropriate legal action. The costs for commissioned lawyers are calculated from the Lawyers’ Fees Act (RATG) and do not include 20% VAT. The costs for commissioned collection agencies are derived from the maximum rates for collection agencies regulated pursuant to § 69 para 2 (5) of the 1994 Commercial Code.
- LEHNER WOLLE retains title to the goods delivered until full payment of the purchase price. In the case of the further sale of the goods, the retention of title is extended. It is agreed that you assign receivables to LEHNER WOLLE arising from the resale to the buyer.
4. CANCELLATION OF CONTRACT AND NON-PERFORMANCE
- LEHNER WOLLE shall be entitled but not obligated to cancel the contract, if
a) fulfilling the contract becomes impossible for reasons the customer is responsible or, despite a grace period of two weeks, fulfilment is further delayed by the customer,
b) the customer is more than two weeks in arrears with a payment despite a reminder or the customer explicitly refuses to pay,
c) the creditworthiness of the customer deteriorates significantly and the legal status of LEHNER WOLLE is endangered if the customer does not pay within two weeks of being requested or secures a corresponding guarantee.
- LEHNER WOLLE shall be entitled but not obligated to withdraw from the contract without a grace period being granted if insolvency proceedings on the customer’s assets have been initiated, or an application to open insolvency proceedings for lack of assets is dismissed, or the conditions for the opening of such proceedings or the dismissal of such an application are present.
- LEHNER WOLLE can declare the cancellation of the contract also regarding only one outstanding part of the delivery or service for the reasons cited in this section.
- Services performed in whole or in part are to be invoiced and paid according to the contract, irrespective of any additional claims for damages.
- If the contract is not fulfilled for reasons for which the customer is responsible, LEHNER WOLLE shall be entitled to charge a cancellation fee of 10% of the gross total order volume. Additional claims for damages, in particular regarding the correct storage of the ordered goods, remain unaffected.
5. WARRANTY, DAMAGES AND APPEAL
- Your warranty and compensation rights are governed by the law unless otherwise specified in the following:
- The condition of the goods is determined by the product description in the online shop as well as by the respective manufacturer’s specifications and notifications, which are supplied with the product and must be observed by the customer. We assume no liability for information regarding the quality or condition of the product from third parties, in particular customer reviews published from customers in our online store or other sales platforms.
- Customers must notify LEHNER WOLLE immediately of warranty claims and describe the defect in detail. The defective goods must be stored by LEHNER WOLLE for possible investigations and may not – without approval by LEHNER WOLLE – be additionally treated, processed or handled.
- Businesses must examine the goods for quantity and quality immediately after receipt of the goods. Any complaints must be recorded in writing along with the transport company and submitted to LEHNER WOLLE in the form of a written complaint no later than the end of the business day following the receipt of the goods. If a verifiably concealed defect appears at a later date, a written complaint is to be submitted no later than the end of the business day following the day the defect was determined. The complaint must contain detailed information about the nature and extent of the alleged defect. Any good to which objections shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted.
- The burden of proof according to § 924 ABGB (Austrian civil code) as well as any obligation to warn pertaining to LEHNER WOLLE under § 1168a ABGB is excluded. Customers are only entitled to a right of recourse according to § 933b ABGB if they immediately notify LEHNER WOLLE in writing of the warranty case and describe the defect in detail not later than within 3 working days.
- The warranty period is reduced to 1 year after receipt of the goods.
- LEHNER WOLLE is exclusively liable for damages caused by wilful or crass gross negligence on the part of LEHNER WOLLE.
- In all other cases, LEHNER WOLLE is only liable for personal injury and claims for damages under the Product Liability Act.
- Any appeal or amendment of the contracts by the customer owing to mistake or laesio enormis shall be excluded.
6. DATA PROTECTION
- LEHNER WOLLE processes personal information only if and to the extent that they must be processed to execute the contract and process the customer’s request. Such personal data includes company/name and surname, billing/delivery address, information concerning the ordered goods, purchasing association, VAT no., data for processing payment, shipping information (e.g. whether express shipping, insured shipping, etc.), E-mail address, telephone/fax number and the name and e-mail address of the contact person.
- Personal data will only be given to third parties if and when it is necessary for the execution of the contract. For example, the address data of the customer (company/name, surname and address) is passed on to the transport company responsible for the delivery of the goods to carry out the delivery. When paying by credit card or instant transfer, the data required for payment processing for the purpose of the payment to be processed is forwarded to VIVEUM Zahlungssysteme GmbH, Riemergasse 14/30, 1010 Vienna.
- After complete execution of the contract, personal data are stored for as long as the statutory period of retention dictated by fiscal and commercial law applies. As soon as the personal data necessary for fulfilling the contract or processing the customer’s request are no longer necessary and no legal obligation to keep these data applies, they will be irretrievably deleted.
- Customers have a right to be provided with information free of charge relating to their data processed at LEHNER WOLLE. If the legal requirements are met, customers also have a right to rectification, blocking or deletion of this data. Customers can contact LEHNER WOLLE with requests in regard to this. The contact details can be found at the end of these T&C.
7. JURISDICTION, CHOICE OF LAW AND FINAL PROVISIONS
- For the entire business relationship with you, but in particular for these T&C, the law of the Republic of Austria under exclusion of the referral norms and UN commercial law is hereby agreed to apply. If delivery has been agreed according to the Incoterms, the provisions of the valid version of Incoterms (currently Incoterms 2010) at the time the contract was concluded shall apply in full.
- The exclusive jurisdiction for all disputes from this contract is governed by the registered seat of LEHNER WOLLE. However, LEHNER WOLLE is also entitled to bring the matter before the court at the registered seat of the buyer. The contract, orders, and the business language is German, English, French or Italian.
- Performance for all legal relationships is the registered seat of LEHNER WOLLE.
- Should individual provisions of the contract be or become wholly or partly ineffective, or should the contract have an unforeseen omission, the validity of the remaining provisions or parts of such provisions remain unaffected.
LEHNER WOLLE GmbH
Phone: +43 7277 2496 0
Fax: +43 7277 2496 14