GENERAL TERMS AND CONDITIONS OF BUSINESS

1. SCOPE
The GTCs set forth below apply to all goods and services provided by LEITNER ERGOMÖBEL GmbH to consumers and entrepreneurs.

Consumers are any natural persons concluding a legal transaction for purposes that are not attributable primarily either to their commercial or to their independent professional activities.  Entrepreneurs are natural persons or legal entities or partnerships with legal personality acting in the exercise of their commercial or independent professional activities when concluding a legal transaction.

These GTCs shall also apply to entrepreneurs in respect of future business relations, without our having to refer to them again.  Where the entrepreneur makes use of contrary or supplemental general terms and conditions of business, we hereby object to the application thereof; they shall only be deemed incorporated in the Parties’ contract if we have expressly consented to this.

2. PARTIES
The Purchase Agreement is deemed to be formed with LEITNER ERGOMÖBEL GmbH, Burgwegerstrasse 57, 4923 Lohnsburg.

3. OFFER AND FORMATION OF CONTRACT
Offers made by LEITNER ERGOMÖBEL GmbH in its online shop are non-binding offers made to customers.  LEITNER ERGOMÖBEL GmbH reserves the right to claim that offers have been made in error. You may initially place our products into your basket without obligation, and may at any time correct your entries prior to sending us your binding order by utilising the correction aids, which are provided and explained during the order process.

In our online shop, contracts are formed by clicking on the order button [order and pay] and thereby accept the offer for the goods contained in the basket.  Immediately after sending us your order, you will receive a confirmation by email, as well, which will simultaneously contain a confirmation of the contract.

When payment is mode in advance, the order confirmation shall also contain the amount of the bank transfer as well as the bank details.

Where orders are placed by email, fax or phone, the contract is concluded at such time as we forward the confirmation of order to you.

4. RIGHT OF RESCISSION AND ADVICE ON CANCELLATION
Consumers have the right to cancel the contract within 14 days’ time, without having to state grounds of cancellation. Entrepreneurs are not granted any voluntary right of cancellation.

Right of cancellation
The cancellation period is 14 days from the date on which you or a third party designated by you, who is not the forwarder, receive/received possession of the goods. In order to exercise your right of cancellation, you must inform

LEITNER ERGOMÖBEL GmbH
Burgwegerstraße 57
4923 Lohnsburg
Österreich
phone 0043 7754 31370
e-mail: office(at)ergomoebel.at

If you avail yourself of this option, we shall promptly forward a confirmation of our receipt of your cancellation (e.g. by emai)l to you. In order to comply with the cancellation period, it is deemed sufficient if the customer dispatches his or her communication regarding the exercise of his or her right of cancellation prior to the expiry of the cancellation period.

Consequences of cancellation
If you cancel this contract, we shall promptly return all payments received from you, including the delivery charges (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the most cost-effective standard delivery offered by us), refunding these to you without delay and no later than 14 days from the date on which we receive your communication regarding cancellation of the contract. For purposes of the reimbursement, we shall use the same mode of payment, utilised by youfor the original transaction, except where a different agreement was expressly made with you; in no case will you be charged anything for such reimbursement.

We may refuse to make reimbursement until such time as the goods are returned to us or you have furnished evidence to us that the goods have been shipped back to us, whichever is the earlier. You must return to us or deliver to us the goods promptly and, in any event, no later than 14 days from the date, on which you informed us of your cancellation of the contract. This period is deemed complied with if you dispatch the goods prior to the expiry of the 14-day period.

You shall bear the cost of shipping the goods back to us. You will only be required to compensate us for any loss in value of the goods if such loss in value is attributable to such handling that is not necessary for inspecting the condition, characterities and functionality of the goods.

Please avoid damaging and soiling the goods. Please also send the goods back to us in their aoriginal packaging, wherever possible, together with all accessories and all packaging components. Where necessary, please make use of protective outer packaging. If you no longer have the original packaging in your possession, please use suitable packaging to ensure sufficient protection against transporting damage .

Please note that the above-referenced modalities are not prerequisites for the valid exercise of your right of rescission.

5. PRICES AND SHIPPING COSTS
The gross sales prices stated on the product pages include the statutory VAT and other price components.

The shipping costs are added to the product prices indicated.  More specific details of the shipping costs may be found on the product pages.

6. DELIVERY
Delivery is effected by packaged delivery service or freight forwarding to the shipping address indicated by you.

Unless otherwise agreed to or otherwise indicated on the product page, we will deliver the products within two weeks of the date we receive your order. You may receive details of delivery times to non-EU countries upon request.

Our invoices will be forwarded to you by email at the time you place the order in the online shop. Where goods are shipped for the buyer’s account, the invoice document on individual packages will be forwarded in a mailing pouch on the package. In the case of multiple packages (palletted delivery), we will forward the invoice by email.

The delivery time commences when the order confirmation is dispatched.

In the case of prepayment as a mode of payment, the delivery period commences when the prepaid amount, as per the order confirmation, is received in LEITNER ERGOMÖBEL GmbH’s bank account.

In the event that an article is not available at short notice or if an extension of the general delivery period is necessary due to an increased volume of orders or due to other circumstances, we will inform you thereof by email. In the event that you do not agree to the delay in delivery, you may rescind the contract without limitation by giving us notice by email or by returning the order confirmation together with a corresponding notation.

7. LIABILITY FOR RISK AND TRANSPORT  
The following applies to consumers:

The risk of accidental destruction and accidental deterioration of the goods passes to the customer at such time as the goods are handed over to the customer.
If the goods are delivered  awith obvious transport damage, please inform the forwarder immediately of such defects and contact us promptly. Failure to raise a complaint or to contact us has no bearing on your statutory claims and enforcement thereof, and in particular,has no impacts on your warranty rights. However, by notifying us, you assist us in asserting our own claims against the freight forwarder/transport insurers.

The following applies to entrepreneurs:
The risk of accidental destruction and accidental deterioration passes to you as soon as we have delivered the item of property to the shipper, the freight forwarder or the other person or entity designated for performance of the shipment. Amongst merchants, the duty to inspect and give notice of defects is covered by § 377 of the Austrian Entrepreneurial Code.  If you fail to provide the notice required thereunder, then the goods shall be deemed to have been approved except where the defect in question is a defect, which was not detectable at the time of inspection. The foregoing does not apply in the event that we have fraudulently concealed a defect.

8. TERMS OF PAYMENT
Unless otherwise agreed upon in writing, our claims must be paid in full and without deduction prior to release of the products ordered. Where you make purchases in our shop, you have the following modes of payment to choose from: cash payment or ATM. In each case, the purchase price is due immediately at the time of accepting our offer. Payment of the purchase price in cases of purchases via our online shop may be made using the following payment methods:

Payment Methodsp

Payment using a credit card:
If you have selected the ‘credit card’ mode of payment, your credit card will be debited at such time as the order is completed. For further details of credit card payment, please see our data protection statement.

PayPal:
After submitting your order, you will be forwarded to the website of the online provider PayPal. In order to be in a position to use PayPal to pay the amount of the invoice, you must be registered with PayPal or you will have to register there with your access data and confirm the payment instuctions to us. You will obtain further details of this in the course of placing your order. PayPal will then automatically carry out the payment transaction immediately thereafter.

During the order process, you will be given detailed information regarding the possible modes of payment.

9. RESERVATION OF TITLE
The goods remain our property until such time as full payment for them is made.

For entrepreneurs, the following applies supplementally:  We reserve title to the goods until such time as all of the claims under our ongoing business relationship have been settled.  You are permitted to resell the conditional goods in the ordinary course of business; you are deemed to assign all of the receivables arising out of such resale to us (irrespective of whether the conditional goods have been combined or commingled with a new item of property) in an amount equal to the amount of the invoice in advance to us and we hereby accept the assignment. You shall remain empowered to collect the receivables;  however, we may also ourselves collect the receivables should you fail to discharge your payment obligations.

10. WARRANTY
The statutory warranty terms apply.

11. GUARANTEE
With respect to LEITNER ERGOMÖBEL GmbH’s own products, a guarantee period of 3 years is provided.  That period does not apply where goods are purchased via internet auctions.  This guarantee shall apply in respect to all material and functional defects of original parts.  Excepted herefrom are cloth coverings and the usual wear and tear on wear parts and damage which is attributable to improper handling (e.g. deficiencies in caring for the products, bump, scratch and tear damage). In warranty cases, LEITNER ERGOMÖBEL GmbH will furnish repair or replacement at no charge.  The only item of expense we do not assume is transport costs.
For repairs outside the guarantee period, please contact LEITNER ERGOMÖBEL GmbH for a cost estimate at:  Tel. +43(0)7754 3137 0.
In respect of retail goods of other companies, the respective manufacturers’ guarantees, as stated in the product description, shall apply.

12. CODE OF CONDUCT
We are subject to the following codes of conduct:

Trusted Shops Quality Criteria.
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

13. ONLINE DISPUTE RESOLUTION
Online dispute resolution pursuant to Art. 14 (1) of the Council Regulation on Consumer ODR: The European Commission furnishes a platform for online dispute resolution (ODR), which you may find at  http://ec.europa.eu/consumers/odr/.

14. APPLICABLE LAW  
Contracts concluded by reference to these GTCs are governed by Austrian law.  The UN Sales Law shall not apply.

The German version of these General Terms and Conditions of Business shall be deemed determinative.  The English version is merely for the purposes of information.

15. JURISDICTION AND VENUE
With respect to all claims asserted against a consumer, whose domicile, ordinary place of residence or place of employment is located domestically, for claims under this contract, jurisdiction and venue shall be vested in the courts, in the district of which the consumer’s domicile, ordinary residence or place of employment is located.  The statutory jurisdiction and venue rules apply to consumers, who have no domicile in Austria at the time of concluding the contract.
If the customer is an entrepreneur, the Parties are deemed to agree to vest jurisdiction and venue in the courts of Ried i. I. (Austria).

16. VALIDITY
In the event that any part of these General Terms and Conditions should be deemed void or voidable, the validity of the remaining General Terms and Conditions is not called into question thereby.

All dimensions are approximate and minor deviations are possible.

Version of: November 2016

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