LITE-SOIL: The ultimate water reservoirs for your plants!
online shop www.lite-soil-shop.com
of Lite-Soil GmbH Vienna, 15.03.2020
a. These General Terms and Conditions (“GTC”) apply to all contracts concluded between you as the purchaser and us as the operator of the Lite-Soil internet shop https://www.lite-soil-shop.com. As part of the ordering process, you accept the GTC in the version applicable 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 relevant version.
b. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. The purchase at https://www.lite-soil-shop.at is only permitted with a minimum age of 16 years.
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 business. Legal entities under public law shall always be deemed to be entrepreneurs.
d. An “enterprise” is any permanent organisation of independent economic activity, even if it is not profit-making.
e. The language available for the conclusion of the contract is German.
2. Contractual partner & conclusion of contract
a. The contractual partner of the buyer is Lite-Soil GmbH, postal address: 1072 Vienna, Postfach 0067; company register number: FN 441243m, Vienna Commercial Court.
Email: firstname.lastname@example.org; UID No.: ATU70014325; Member of the Vienna Chamber of Commerce: 877761
b. Our offers are subject to change. This means that in the event of unavailability, there is no obligation to perform on our part. The presentation of the products in the online shop does not constitute 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. The confirmation of receipt of your order together with the acceptance of the order will be sent immediately after sending by automated e-mail. 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 contracted shipping company delivers to your home address. Please ensure that the addressing is transmitted correctly. Items to post office boxes and items held in postal storage 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 complain about any apparent transport damage to the delivery company immediately upon receipt of the goods so that the statutory warranty remains in force.
We deliver within the EU and to Switzerland. If your country is not set up as a recipient country in the shop and for larger deliveries outside Europe, please send us a message to email@example.com.
All deliveries are made with calculation of the Austrian value added tax. All taxation (EUSt) and customs clearance charges otherwise incurred must be borne by the buyer. The total charge to purchasers may therefore differ from the prices shown on the relevant Lite-Soil product pages due to currency exchange rates and levy regulations. A detailed summary of all costs is provided in the ordering process. Please inform yourself independently at your 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 euros (€) and include the statutory value added tax and other price components.
We deliver within the EU and to Switzerland.
In addition to the prices shown, 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 of charge
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 fee includes the statutory value added tax.
The shipping costs will be clearly communicated to you again in the shopping basket 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 goods are not in stock, the delivery time will be extended accordingly.
Deviations from the stated delivery time and availability may occur in exceptional cases, e.g. if a reduced item is in high demand and quickly sells out – or conversely, if an item becomes available again.
Shipping items may also take longer to deliver.
Revocation of the purchase – see point 8 for the exact procedure. Within 14 calendar days of receipt of the goods, we grant you the right to cancel the purchase. If you wish to exercise this right, please send the goods at your expense to our partner (LOGSTA GmbH; Am Campus 2/ Object Beta 6C – Enzersdorf an der Fischa 2431). If the goods are returned freight collect, we will invoice the corresponding amount. Please note that the products must be returned in the condition in which they were received, i.e. without signs of use beyond inspection, and preferably in the undamaged original packaging. New products must therefore be returned new, unused and complete. No customs duties are charged within the EU. Outside the EU, all customs duties and customs costs must be borne by you.
6.1. Defective or damaged products
You can complain that a product is defective within 14 calendar days of receipt of the goods. You must contact customer service via this email address firstname.lastname@example.org and provide photos showing the product defect. In the same email, the steps for returning the product will be indicated, provided that the returned product is in the same condition in which it was received. Only if you can prove that the product does not correspond to the description or deviates from it due to damage, will you be refunded the total amount you paid for the product, including shipping costs and the cost of returning it. If you request a replacement product in lieu of a refund, the replacement product will be shipped once the defective product has been received and inspected.
6.2. Wrong products
If you have received an incorrect product, you must contact Customer Service via the email address email@example.com and provide photos showing that the product received is not the one ordered. The same email will specify the steps required for the exchange, provided that the returned product is in the same condition in which it was received. Only if it can be proven that the product does not match the one ordered and has not been used, will the correct product be shipped.
7. Retention of title
In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security interests are transferable to third parties.
8. Cancellation policy and cancellation form
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Lite-Soil GmbH, postal address: 1072 Vienna, P.O. Box 0067, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).
Sample cancellation form
If you wish to cancel the contract, please fill in this form and return it to Lite-Soil GmbH, postal address: 1072 Vienna, P.O. Box 0067, e-mail: email@example.com.
I/We hereby revoke (*)
the one from me/us (*)
concluded contract for the purchase of the following goods (*)/
ordered on (*)/received on (*)
Name of the consumer(s), address of the consumer(s) Signature of the consumer(s) (only in the case of notification on paper)
Date (*) Delete as applicable
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must return all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear all direct costs of returning the goods. There are no customs duties within the EU. Outside the EU, all customs duties and customs costs must be paid by you. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
9. Contract text storage
We save the text of the contract and send you the order data by e-mail. You can also view and download the GTCs at any time here on this page. You can view your past orders in our customer login.
If defects occur in the purchased goods that 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 (in) or third parties.
Insofar as the purchase of goods via our Internet shop is a business-related transaction for you, the obligations of § 377 of the Austrian Commercial Code (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 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 damage. We accept no liability for the constant and uninterrupted availability or for technical or electronic errors of the online offer. We are not liable for any damage caused by unauthorised persons shopping with us using the password assigned to the user. We are not liable for damage resulting from the acceptance of parcels by third parties. Please ensure that each item can only be received by authorised persons and, in case of doubt, give appropriate instructions to the delivery person.
12. Severability clause
Should individual provisions of the contract with the Buyer(s), including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The whole or part of the ineffective provision shall be replaced by a provision whose economic success comes as close as possible to the ineffective provision. 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 to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the applicability of mandatory consumer protection law shall remain unaffected.
b. If the Buyer is an entrepreneur, the place of jurisdiction for all disputes arising from this contractual relationship shall be the Commercial Court of Vienna, unless an exclusive place of jurisdiction is given. In all other respects, the statutory provisions shall apply to the place of jurisdiction