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Terms and conditions
General Terms and Conditions
- Scope
- Offers and service descriptions
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery conditions, availability, transfer of risk
- Payment modalities
- Ownership
- Warranty
- Liability
- Cancellation policy for consumers
- Notes on the exclusion of the right of withdrawal:
- Hints for the smoothest possible handling of the return
- Storage of the contract text
- Data protection
- Jurisdiction, applicable law, contract language
- Arbitration board
- Miscellaneous
1. Scope
1.1. For the business relationship between Strolz Leuchten, Wies 100, 6867 Schwarzenberg, Austria (hereinafter referred to as "Seller") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions or complaints by e-mail at info@strolzleuchten.at.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither their commercial nor their independent professional activity.
1.4. Deviating conditions of the customer are not recognized, unless the seller agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid "as long as stocks last", unless otherwise noted in the products. For the rest, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart.
3.2 The customer can then proceed within the shopping cart via the [Continue to checkout] button to complete the ordering process.
3.3. With the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller sends the ordered product to the customer, handing it over or sending it to the customer second e-mail, express order confirmation or sending the invoice.
3.5. If the seller allows a payment in advance, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article with advance payment payments is therefore for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax. Payment must be made in euros.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on the shipping side and within the ordering process.
5. Delivery conditions, availability, transfer of risk
5.1. The delivery of the ordered goods takes place by post, DHL, DPD, Hermes or by another commercial deliverer to the address specified by the customer.
5.2. If not all ordered items are available immediately, the items on stock are delivered immediately and the remaining items as soon as they are available. However, the delivery costs will be charged only once per order even for partial deliveries. If the product is permanently non-deliverable, the seller will refrain from accepting an order. A contract is not concluded in this case.
5.3. If the product designated by the customer in the order is only temporarily unavailable, the seller will inform the customer immediately in the order confirmation. In the event of a delivery delay of more than four weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to withdraw from the contract. In this case, the seller will refund any payments already made by the customer immediately. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.4. When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party specified by the carrier and not owned by the carrier. However, if the consumer himself has concluded the contract of carriage without using any option proposed by us, the risk shall pass to the carrier upon delivery of the goods.
5.5 If a consignment is not accepted by the recipient or can not be delivered to the specified delivery address because of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all costs arising therefrom.
5.6 If a consignment is visibly damaged upon delivery, the consignee must insist that this fact be recorded in writing by the deliverer.
6. Payment modalities
6.1. The customer can choose from the available payment methods within and before the order process.
6.2. If payment by invoice is possible, payment must be made within 8 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 charged with payment processing, e.g. Immediately, Mastercard, .. apply their "Terms and Conditions".
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay default interest of 5 percentage points above the base rate.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled 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.
7. Ownership
Until full payment, the delivered goods remain the property of the seller.
8. Warranty
8.1. The warranty is in accordance with the statutory provisions (24 months from receipt of goods). If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery), then the buyer is entitled to a price reduction or, if the defect is not insignificant, cancellation of the contract (change). The replacement of (defect) consequential damage, as well as other property damage, financial loss and damage of third parties against the customer, as long as it is not a consumer business, is excluded.
8.2. There is a guarantee on the goods delivered by the seller only if expressly delivered.
9. Liability
9.1. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the predictable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Cancellation policy for consumers
Consumer acc. KSchG have the right to withdraw from this contract within fourteen days without stating reasons. The cancellation period is:
- in the case of a service contract, fourteen days from the date of the conclusion of the contract.
- in the case of a contract of sale, fourteen days from the date on which you or a third party named by you, who is not the carrier, has / has taken possession of the goods / s.
- in the case of a contract for several goods ordered by the consumer under a single order and delivered separately, fourteen days from the date on which you or a third party named by you who is not the carrier owns the last goods have taken or has.
- in the case of a contract for the delivery of a good in several partial shipments or items, fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or piece ,
- in the case of a contract for the regular delivery of goods for a fixed period of time, fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the first good.
In order to exercise your right of revocation, you must inform us, Strolz Leuchten, Wies 100, 6867 Schwarzenberg, Austria, (info@strolzleuchten.at) of your decision by means of a clear written declaration (eg a letter sent by post, fax or e-mail) to revoke this contract.
For the cancellation of a contract you can also download the withdrawal form from our website:
(Download Strolz Leuchten Widerrufsformular / cancellation form – click here) and fill out this electronically or manually and send it back to us.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation:
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the day on which we have received the goods in undamaged and clean condition. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
If the customer is an entrepreneur, revocation is completely excluded.
11. Notes on the exclusion of the right of withdrawal
The consumer has no right of withdrawal for contracts over
- Services, if the entrepreneur - on the basis of an explicit request of the consumer in accordance with § 10 FAGG and a confirmation of the consumer about his knowledge of the loss of the right of withdrawal with full performance of the contract - had started to perform the service before the expiry of the withdrawal period according to § 11 FAGG, and the service was then fully rendered,
- Goods or services whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period, Goods made to customer specifications or clearly tailored to personal needs,
- Goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery,
- Goods which, after being delivered, have been inseparably mixed with other goods due to their nature, urgent repair or maintenance work where the consumer has expressly requested the operator to visit to carry out this work. If the entrepreneur provides additional services on such a visit that the consumer has not expressly requested, or if he supplies goods that are not necessarily required as spare parts during maintenance or repair, the consumer is entitled to withdraw from these additional services or goods.
If the customer is an entrepreneur, revocation is completely excluded.
12. Hints for the smoothest possible handling of the return
12.1. Customers are requested to return the goods to the seller in writing before sending them back (e-mail to info@strolzleuchten.at) to announce the return. In this way, they enable the seller to allocate the products as quickly as possible.
12.2. Customers are requested to return the goods as a prepaid package to the seller and to keep the shipping document. In case of withdrawal from the purchase contract the consumer has to bear the direct costs of the return of the goods.
12.3. The goods must be returned in undamaged and clean condition in the original packaging, with all accessories to the seller. If the original packaging is no longer in the buyer's possession, other suitable packaging should be used to provide adequate protection against transport damage and to avoid any claims for damages due to defective packaging.
13. Storage of the contract text
13.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract 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.
14. Dataprotection
14.1. The seller processes personal data of the customer earmarked and according to the legal regulations.
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 for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
14.4. Further information on the nature, extent, 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.
15. Gerichtsstand, anwendbares Recht, Vertragssprache
15.1. If the consumer is domiciled or habitually resident or domesticated, an action against him may be motivated only by the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated; this does not apply to legal disputes that have already arisen.
15.2. If the purchaser is a merchant or a legal entity under public law, then the place of jurisdiction and place of performance is the registered office of the seller.
15.3. The contracting parties agree to the application of Austrian law.
15.4. Contract language is German.
16. Arbitration board
We undertake to participate in disputes in the arbitration process of the Internet Ombudsman. Further information on the types of procedures can be found here:
www.ombudsmann.at-Internet Ombudsman, Ungargasse 64-66 / 3/404, A-1030 Vienna
17. Miscellaneous
17.1. For photographic and presentation reasons, there may be color and size differences between the actual goods and their representation on the Internet or on print media.
17.2. We would like to point out that dyed and dyed products may cause discoloration due to improper cleaning and we can not be held liable for the resulting damage.
17.3. Typing errors, display errors, errors in content, as well as errors resulting from the program are reserved by Strolz Leuchten.
17.4. If you have any problems with this site or have noticed an error, you can write us this by email. We will do our best to eliminate them as soon as possible.