LITE-SOIL: the innovative and sustainable water storage for your plants!
TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS online shop www.lite-soil-shop.com der Lite-Soil GmbH Vienna, 15.03.2020
1. General information
a. These General Terms and Conditions (“GTC”) apply to all contracts concluded between you as the buyer and us as the operator of the Lite-Soil internet shop https://www.lite-soil-shop.com. During the ordering process you accept the GTC in the version valid at the time of placing the order. The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally binding version.
b. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his self-employed professional activity. The purchase at https://www.lite-soil-shop.at is only permissible with a minimum age of 16 years or older.
c. “Entrepreneur” in the sense of the legal definition (§ 1 KSchG) is any natural or legal person for whom the legal transaction is part of the operation of his/her company. Legal persons under public law are always considered to be entrepreneurs.
d. An “enterprise” is any long-term organisation of independent economic activity, even if it is not aimed at making a profit.
e. The language available for the conclusion of the contract is German.
2. Contracting party & conclusion of contract
a. The contractual partner of the buyer is Lite-Soil GmbH, postal address: 1072 Vienna, P.O. Box 0067; company registration number: FN 441243m, Vienna Commercial Court
E-mail: email@example.com; UID No: ATU70014325; Member of the Vienna Chamber of Commerce: 877761
b. Our offers are subject to change without notice. This means that in the event of non-availability there is no obligation on our part to perform. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the button “Order subject to payment” you place your binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by automated e-mail immediately after the order has been sent, together with acceptance of the order. With this e-mail confirmation the purchase contract is concluded.
The following payment methods are available: Paypal and credit card via Stripe payment platform
Account holder: Lite-Soil GmbH / Erste Bank / IBAN AT88 2011 1827 4949 1900
A commissioned shipping company delivers to your home address. Please make sure that the address is transmitted correctly. Deliveries to post office boxes and poste restante items are not possible. If the transport company returns the dispatched goods to the seller because delivery to the buyer was not possible, the buyer shall bear the costs for the unsuccessful dispatch.
We ask you to make a complaint to the delivery company immediately upon receipt of the goods, so that the legal warranty remains valid.
We deliver within the EU and Switzerland. If your country is not set up as the recipient country in the shop and for larger deliveries outside Europe, please send us a message to firstname.lastname@example.org.
All deliveries are subject to Austrian value added tax. All other tax (EUSt) and customs duties must be paid by the buyer. The total charge for buyers may therefore differ from the prices shown on the respective Lite-Soil product pages due to exchange rates and tax regulations. A detailed summary of all costs will be provided during the ordering process. Please inform yourself independently at your local customs office about possible customs duties.
5. Prices, shipping costs and delivery information
The prices stated on the product pages are final prices, are in Euro (€) and include VAT and other price components.
We deliver within the EU and Switzerland.
In addition to the stated prices we charge for delivery:
within Austria: 5 €, from an order value of 70 € free of charge
within Germany 6 €, from an order value of 70 € free
within the rest of the EU 11 €, from an order value of 90 € free of charge
Within Switzerland: 17 €, free of charge from an order value of € 200
The flat-rate shipping costs include the statutory value added tax.
The shipping costs are clearly indicated again in the shopping cart system and on the order page.
The delivery time for goods in stock is usually 1-2 working days in Austria, 1-3 working days to Germany, 3-8 working days to the EU depending on the country and 1-3 working days to Switzerland.
If the goods are not in stock, the delivery time is extended accordingly.
Deviations from the stated delivery time and availability may occur in exceptional cases.
e.g. when a reduced article is in high demand and sold out quickly – or vice versa, when an article becomes available again.
For shipping articles, a longer delivery time can also occur.
6. Return shipment
Revocation of the purchase – see point 8 for the exact procedure. Within 14 calendar days from the receipt of the goods, we grant the revocation of the purchase. If you wish to make use of this right, please return the goods, at your expense, to our partner (LOGSTA GmbH; In den Wiesen 4, 2544 Leobersdorf, AT). If the merchandise is returned postage due, we will invoice the corresponding amount. Please note that products must be returned in the same condition in which they were received, that is with no signs of use beyond inspection, and preferably in the original undamaged packaging. Therefore, new products must be returned new, unused and complete. Within the EU, customs duties will not be charged. Outside the EU all customs duties and customs costs must be paid by you.
6.1. Defective or damaged products
You can claim that a product is defective within 14 calendar days from the receipt of the goods. You must contact the customer service through this email address email@example.com providing photographs where the product defect can be seen. By the same email, the steps to follow for the return will be indicated, as long as the returned product remains in the same condition in which it was received. Only in the case of being able to prove that the product does not correspond to its description or differs from it due to damage reasons, the total amount paid for it will be reimbursed, including shipping costs, as well as the expenses derived from the return. If you wish to obtain a replacement instead of a refund, the shipment of the replacement product will be made once the defective product has been received and verified.
6.2. wrong products
If the products are incorrect, you must contact customer service via the email address firstname.lastname@example.org and provide photographs showing that the product received is not the one ordered. In the same email the steps to follow for the change will be indicated, as long as the returned product remains in the same condition in which it was received. Only if it can be proven that the product does not correspond to the ordered one and it has not been used, the shipment of the correct product will be made.
7. Retention of title
In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur, we reserve the right of ownership of the object of purchase until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
8. Revocation instruction and revocation form
Consumers have a fortnightly right of withdrawal.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right of withdrawal you must inform us (Lite-Soil GmbH, postal address: 1072 Vienna, Postfach 0067, email@example.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
Sample revocation form
If you wish to withdraw from the contract, please fill in this form and send it back to Lite-Soil GmbH, postal address: 1072 Vienna, Postfach 0067, e-mail: firstname.lastname@example.org
I/we hereby revoke (*)
the one from me/us (*)
contract concluded for the purchase of the following goods (*)/
ordered on (*)/received on (*)
Name of the consumer, address of the consumer Signature of the consumer (only for paper notification)
Date (*) Delete as appropriate
In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will we charge you for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear all direct costs of returning the goods. Within the EU, no customs duties are payable. Outside the EU, all customs duties and customs costs must be paid by you. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their nature, characteristics and operation.
9. Storage of the contract text
We save the text of the contract and send you the order data by e-mail. You can also view and download the terms and conditions at any time here on this page. You can view your past orders in our customer login.
If defects occur in the purchased goods which are not due to user errors, you as a consumer are entitled to the statutory warranty rights (24 months). Excluded from the warranty are defects and malfunctions for which the seller is not responsible, such as natural wear and tear, force majeure, improper handling, improper intervention by the buyer(s) or third parties.
As far as the purchase of goods via our internet shop is a business-related business for you, the obligations of § 377 UGB apply.
The limitation period for warranty claims is one year for entrepreneurs and for used goods. In all other respects the statutory limitation periods shall apply.
11. Compensation and product liability
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these GTCs or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. We are not liable for indirect damages. We assume no liability for the constant and uninterrupted availability or for technical or electronic errors of the online offer. We are not liable for damages caused by unauthorised persons buying from us with the help of the password assigned to the user. We are not liable for damages resulting from the acceptance of packages by third parties. Please ensure that each parcel can only be accepted by authorised persons and, in case of doubt, give appropriate instructions to the deliverer.
12. Severability clause
Should individual provisions of the contract with the buyer(s) including these General Terms and Conditions of Business be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to the invalid one. The same applies in the event of a contractual loophole.
13. Choice of law and place of jurisdiction
a. The contractual relationship shall be governed by the law of the Republic of Austria, excluding substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the application of mandatory consumer protection law shall remain unaffected.
b. If the buyer(s) is (are) an entrepreneur, the place of jurisdiction for all disputes arising from this contractual relationship is the HG Vienna, unless an exclusive place of jurisdiction is given. In all other respects, the statutory provisions shall apply to the place of jurisdiction