Terms and Conditions of Sale of LAI ORGANIC
a) These general terms and conditions apply to the sale and delivery of goods by LAI ORGANIC registered at Vienna, Austria.
b) The general terms and conditions can be changed by LAI ORGANIC at any time and are valid in the version current at the time of the customer's order.
c) Deviating terms and conditions are not valid unless LAI ORGANIC has agreed to them in writing or by email prior to accepting the order.
d) By placing an order, the customer agrees to these general terms and conditions.
e) The customer's order represents a binding offer. LAI ORGANIC's acceptance of the customer's offer takes place through actual delivery of the goods ordered. LAI ORGANIC is entitled to refuse an order without giving reasons.
2. PRICES AND DELIVERY COSTS
a) The prices offered for the goods are gross prices in Euro currency and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and / or shipping costs.
b) For deliveries outside Austria, additional customs duties and / or charges may apply, including any import or export taxes and any consumption taxes that may lead to a change in the gross prices offered. Such duties and / or charges are to be borne by the buyer in the respective statutory amount. In addition, deliveries outside Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.
c) The buyer bears all shipping costs. The costs of delivery are shown in the shopping cart after correct selection when ordering in the online shop.
a) The purchase price is due when the contract is concluded, at the latest when the goods are delivered.
b) Justified complaints do not entitle the buyer to withhold the entire amount, but only an appropriate part of the invoice amount. In the case of transactions with consumers, the latter can refuse to pay in full if LAI ORGANIC has not performed the delivery in accordance with the contract. If LAI ORGANIC offers adequate security, this right to refuse payment does not apply.
c) LAI ORGANIC retains ownership of all goods until full payment of the purchase price including ancillary fees.
d) If the buyer is in default with payment or other performance, LAI ORGANIC can:
- postpone the fulfillment of their own obligations until the arrears payments or other services have been effected,
make use of a reasonable extension of the delivery period corresponding to the customer's delay,
make the full or outstanding purchase price due immediately (loss of deadline); or
withdraw from the contract if a reasonable grace period is not met.
4.TRANSFER OF RISK
a) In the event of delivery, LAI ORGANIC - in the absence of special instructions from the buyer - determines the type and route of transport on behalf of the buyer. In the case of delivery, use and risk are transferred to the buyer when the goods are handed over from LAI ORGANIC to the carrier. The delivery takes place at the expense and risk of the buyer.
b) In the event of delivery, LAI ORGANIC - in the absence of special instructions from the buyer - determines the type and route of transport on behalf of the buyer.
5. RETURN OF GOODS AND RIGHT TO WITHRDRAW
a) Until further notice, LAI ORGANIC is prepared to take back goods purchased from it against reimbursement of the full purchase price under the following conditions: The return must be made in the original packaging, undamaged and with the original invoice within 14 days of the invoice date. The price valid at the time of the original purchase will be refunded. The purchase price will be reimbursed in the form of a credit note.
b) If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed its order via the Internet online shop, it can withdraw from the purchase contract within fourteen days from the date of receipt of the goods. The cancellation period begins as soon as the buyer or a third party named by the buyer has taken over the goods. The day of takeover is not included in the period. Saturdays, Sundays and public holidays are included in the calculation of the deadline. To meet the withdrawal deadline, it is sufficient to send the declaration of withdrawal or return the goods in due time. In order to exercise your right of cancellation, you must inform LAI ORGANIC, e-mail: LAI ORGANIC, by means of a clear declaration (e.g. a letter sent by e-mail) of your decision to cancel this contract. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
c) Consequences of revocation: If you revoke this contract, LAI ORGANIC shall refund all received payments from you, including delivery costs, at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by LAI ORGANIC. For this repayment, LAI ORGANIC uses the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. LAI ORGANIC can refuse repayment until the goods have been received by LAI ORGANIC or until you have provided evidence that you have sent the goods back, whichever is earlier. You bear the direct costs as well as the risk of returning the goods.
6. ORDERS, CONTRACT PROVISIONS, DELIVERY PERIOD, WITHDRAWAL FROM THE CONTRACT
a) LAI ORGANIC accepts orders via the internet online shop. The order times can be changed by LAI ORGANIC from time to time in accordance with the information in the Internet online shop. If orders are received outside of the order times, these are only deemed to have been received at the beginning of the order time on the next working day. LAI ORGANIC sends the customer a written (by email) order confirmation with all relevant order data.
b)If the goods ordered are not accepted, LAI ORGANIC is entitled to demand reimbursement of the additional expenses incurred, such as frustrated transport costs. This does not apply if LAI ORGANIC does not provide its services in accordance with the contract.
c) Orders are accepted subject to delivery options. LAI ORGANIC reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which LAI ORGANIC is not responsible, the obligation to deliver on the scheduled delivery date expires. The circumstances for which LAI ORGANIC are not responsible include in particular: Difficulties in obtaining the goods or raw materials from third parties, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, LAI ORGANIC will contact the buyer immediately to arrange an alternative date for the delivery that has been prevented. If the buyer is offered a new delivery date by LAI ORGANIC that is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by LAI ORGANIC is deemed to be the Purchase contract.
d) If LAI ORGANIC cannot offer the buyer a new delivery date or if the new delivery date cannot be adhered to in case of impossibility of delivery on the agreed date due to circumstances for which LAI ORGANIC is not responsible, LAI ORGANIC is entitled to withdraw from the contract in whole or in part without being liable for damages. In such cases, the buyer can also withdraw from the contract.
a) Warranty claims must be reported to LAI ORGANIC immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with submission of the goods and original invoice.
b) A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
c) LAI ORGANIC fulfills its warranty obligations either by delivery of defect-free goods, improvement, replacement delivery of shortages or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
d) For transactions with consumers within the meaning of the Austrian Consumer Protection Act, the customer can, in the event of a defect, request improvement, replacement of the item, reasonable price reduction or conversion at his option and in compliance with the statutory provisions.
e) Customary or minor, technical deviations in quality, quantity, color, size, weight, equipment or design as well as age-appropriate changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
f) LAI ORGANIC is not liable for taste, color, material or pattern conformity or other characteristics of conformity of reordered goods.
g) The warranty period is 6 months from the point in time of the transfer of risk.
a) LAI ORGANIC is liable for damage in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or health of people and for claims under the Austrian Product Liability Act. This point does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
b) Business customers have to prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damage to business customers is excluded. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for (defect) consequential damage, other property damage, financial loss and damage from third party claims against the customer is also excluded for business customers.
a) The place of performance is Vienna, Austria.
b) The competent court in Vienna has exclusive jurisdiction to resolve all disputes arising in connection with disputes.
c) The contract is subject to Austrian law to the exclusion of the UN Sales Convention.