Terms and Conditions (T&Cs) Onlineshop Lemberona Handels GmbH
1. Validity The following terms and conditions (hereinafter referred to as T&Cs) are valid for all legal relationships with Lemberona Handels GmbH (hereinafter referred to as „Vendor“) through the online shop www.lemberona.com or www.lemberona.com. The latest T&Cs are available on the homepage www.lemberona.com or www.lemberona.com. Opposing T&Cs from clients won’t be integral part of the contract. Counter-confirmations of the customer with reference to its own business or purchase conditions are hereby rejected. Deviations from these trading conditions are effective only if they were confirmed by Lemberona Handels GmbH in writing.
2. Contracting partner The contract comes into being with: Lemberona Handels GmbH Kratzmanngasse 8, A-1220 Wien 1220 Wien – Austria Office@lemberona.at Telephon: +43 1 89729 99 Managing Director: Elmira Bertagnoli Commercial Registry File no.: FN347713v Location of the commercial: Vorgartenstrasse 129-143/EG, A-1020 Wien VAT-number: ATU66049803 Object of the commerce: Trade with food, nutritional advice, preparation of training concepts for health-conscious persons Applicable legislation (see www.ris.bka.gv.at): Trade Regulations 1994 (GewO 1994), Food Safety and Consumer Protection Act (LMSVG), The Austrian Food Book (ÖLMB), can be found at http://www.lebensmittelbuch.at/ Supervisory Authority, Trade: Federal Minister of Health (Supervision according to LMSVG); Magistrate's Office, 22nd District. (Trade authority) Place of jurisdiction: Commercial Court Vienna Lemberona Handels GmbH is a member of the Austrian Federal Economic Chamber, Landesinnung Vienna of the food industry. Information, data information and complaints: E-Mail: firstname.lastname@example.org
3. Contract / Correction capability: The order by a customer only represents an offer to conclude a sales contract. A contract comes into being via the online offering of www.lemberona.com or www.lemberona.com only after acceptance by the vendor, at the latest with dispatch of the goods. An order is only possible if all information on the order form designated with *(required fields) are completed. In case of lack of information or any other reasons the vendor may not be able to meet the order, the customer will receive an error message. Before finally sending the order the customer has the opportunity to correct his order. The customer gets supporting detailed information directly in the order process. By sending the order via "Buy", the customer makes a binding offer to the vendor and he will be redirected to the page with all the Wirecard payment options. This does not constitute acceptance of the offer by the seller, but is only to inform you that the order is received by the vendor. At the same time the customer accepts the terms and conditions of the vendor as the sole legal relationship. If the order has been received by the vendor, the customer will be informed about it through the e-mail address he gave the vendor. On receipt of the order the vendor still has the right to refuse the order. The customer accepts the General terms & conditions. Offers are non-binding and subject to misprints and errors .
4. Acknowledgement of receipt: After the order is issued, the customer will receive a copy of their order on the e-mail address provided. This communication does not constitute acceptance of the order by the vendor.
5. Contractual storage: The sales contract will be saved by the vendor and can be found by the customer in their "purchase history".
6. Contract Language: The contract language is German.
7. Country of destination Our offer is exclusively for customers with residence or ordinarily domicile in the European Union (EU).
8. Customer commitment to his order: The customer is bound to his order within 14 days from receipt of this order.
9. Receipt of the order: The date of receipt of the order is given to the customer promptly as part of the acknowledgment.
10. Rejection of the order: Should the vendor be unable to supply customer's order for any reason, the customer will receive information about it via email.
11. Delivery time / Delivery: Unless a different delivery period is agreed, the shipping in the event of a contract shall be made within 8 to 14 days depending on the product category after the order is received by the vendor. If the goods on the vendor‘s part can not be delivered within the next 14 days, the vendor reserves the right to reimburse the purchase price to the customer.
12. Prices: All prices are inclusive of all taxes, including VAT if applicable, but do not include the cost of shipping and handling. From a value of € 99.00 delivery within the EU shipping and handling is free of charge.
13. Payment Payment can be made either by instant bank transfer, credit card (VISA or MasterCard) or PayPal.
14. Maturity/ Due dates: Depending on the payment method, the following due dates of the purchase price occur: When paying by credit card or with instant bank transfer the purchase price is due when the contract is concluded. The delivery of goods shall occur only after receipt of payment. A cash discount will not be granted.
15. Right of Withdrawal: You have the right to cancel this contract within a period of 14 days without stating any reasons. The withdrawal period shall be fourteen days from the date of receipt by you the buyer. To exercise your right of withdrawal, you must contact us and let us know your name, address, telephone number, fax number, (company) e-mail address in a clear statement (e.g. a letter consigned by post or email) of your decision. You can also use the attached sample withdrawal form. However, this is not mandatory. To safeguard the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the 14 day expiry date. Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also submit your complaint directly to us at the following e-mail address: email@example.com. Consequences of withdrawal If you cancel this contract, we will reimburse all payments we have received from you, including the costs of shipping (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the low-priced standard one we offer) immediately and at the latest within fourteen days from the date on which the notification of your cancellation has been received by us. For this refund we use the same method of payment that you have used in the original transaction, unless you agreed on something other with the vendor. We may withhold the refund until we have retained the goods back, or until you have demonstrated that you have returned the goods. You have to return the goods immediately and in any event not later than fourteen days from the date on which you have informed us about the cancellation of this contract. Our address: Lemberona Handels GmbH Vorgartenstraße 129-143/Stiege 1/ Erdgeschoss 1020 Wien Austria firstname.lastname@example.org The deadline is met if you send the goods before the deadline of a fortnight. You bear the direct cost of returning the goods. Should the goods be returned freight collect, the seller is entitled to charge this amount back to the customer. Exceptions to the right of withdrawal:
- Goods which are not suitable due to their condition for return postage;
- Perishable goods or goods whose date will expire before return is possible;
- Customers tailored goods;
- Goods that have been opened after receipt;
16. Customer Service / Warranty: Complaints due to statutory warranty claims can be asserted at the following address: Lemberona HandelsgmbH Kratzmanngasse 8 1220 Wien Österreich email@example.com
17. Place of fulfillment: Fulfillment of our performance: Lemberona HandelsgmbH Kratzmanngasse 8 1220 Wien Österreich
18. Risk of loss: Unless otherwise agreed the customer bears the risk of transportation.
19. Title of goods The goods are the property of the vendor until full payment by the customer.
20. Data processing: The customer agrees that personal data from the order form is processed for the purpose of dealing with the order. It should be noted that for the purpose of the shopping process and the contract management of goods, cookies and sessions for the purpose of transmission of the customer (User) will be used. Transfer of data to third parties will not take place, except for the transmission of credit card number to the bank institute PayLife for the purpose of debiting the price of goods. Upon successful completion of the virtual shopping the cookies and sessions will be deleted. If the purchase process is cancelled, the data is retained until the user completes successfully or they clear the shopping List. The data processing is based on the statutory provisions of § 96 para. 3 of the Act and § 8 para. 3 4 DSG.
21. Approval to receive commercial e-mails – Opting out: The customer can approve receival of the news of our company about our products, current offers and other company-related information via e-mail advertising (in particular Newsletter) in the order form or on the Newsletter subscription. The customer may opt out from receiving e-mails at any time by selecting the following option ,,Please send no further newsletters ".
22. Final provisions: If any provision of the T&C‘s become invalid, the remaining provisions of the T&Cs will not be affected thereby. In place of the ineffective provision, a provision which is close to the economic and legal purpose of the invalid provision comes into being. As place of jurisdiction, the Commercial Court in Vienna has been agreed. However, the vendor has the right to sue at the general jurisdiction of the contracting partner. Austrian law is applicable, the CISG is excluded. Withdrawal