General Terms and Conditions Loket Handels- und Dienstleistungs GmbH

§ 1 Basic provisions
  1. The following terms and conditions apply to contracts concluded via https://www.loket.at. Unless otherwise agreed, the conditions specifically used by you are contradicted.
  2. For the purposes of this regulation, a consumer is any natural person who concludes a legal transaction with private concerns. An entrepreneur is any natural or legal person who, when concluding the legal transaction, acts in the interests of their professional or commercial interests.
§ 2 Conclusion of the contract
  1. The subject of the contract is the sale of goods.
  2. By making a product available in our shop, we make our customers a binding offer to conclude a purchase contract.
  3. All products intended for purchase are placed in the “shopping cart” by the customer. After entering the personal data and payment information, the customer has the opportunity to check all the information entered. By submitting the order by clicking on the button provided, the customer declares their legally binding acceptance of the offer. This means that the purchase contract is concluded. If you choose to pay via payment service providers such as PayPal or Sofortüberweisung, the customer will be redirected from our online shop to the provider’s website. After entering all the necessary data, the customer is then directed back to our shop.
  4. The information in connection with the conclusion of the contract is transmitted automatically by email. The customer must therefore ensure that the email address stored with us can be reached.
§ 3 Retention of title and right of retention
  1. The customer can only exercise a right of retention if there are no claims arising from the same contractual relationship.
  2. The goods remain the property of the shop operator until the purchase price has been paid in full.
§ 4 Provisions on liability
  1. We are fully liable for damage to body or health, as well as in cases of intent and gross negligence. Furthermore, in the case of fraudulent concealment of a defect and in all other legally regulated cases. Liability for defects within the scope of the statutory warranty can be found in the relevant regulation in our customer information.
  2. If essential contractual obligations are not fulfilled, the online shop’s liability in the event of slight negligence is limited to foreseeable, contract-typical damage.
  3. If insignificant obligations arising from the contract are breached, liability for slightly negligent breaches of duty is excluded.
  4. There is no liability for the constant availability of this website and the goods offered on it.
§ 5 Choice of law
  1. German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 6 Dispute resolution
  1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is available at http://ec.europa.eu/odr.
§ 7 Contract language, contract text storage
  1. The contract language is German.
  2. We do not save the complete contract text. Customers can save this electronically using the browser’s print function before submitting the order.
§ 8 Prices and payment methods Characteristics of the goods
  1. The prices shown and the shipping costs represent gross prices.
  2. Shipping costs are not included in the purchase price. They are explicitly marked or are shown separately during the ordering process and must be borne additionally by the customer unless free delivery is promised.
  3. The available payment methods are shown on our website or in the respective item description, but at the latest in the final ordering process at the “checkout”. Unless otherwise stated, the payment claims arising from the contract are due for payment immediately.
  4. The essential features of the goods and/or services can be found in the item description and the additional information on our website.
§ 9 Delivery conditions
  1. Delivery conditions, delivery times and any existing delivery restrictions can be found under the corresponding link in our online shop or in the respective item description.
  2. For consumers, the risk of accidental loss or deterioration of the goods sold during shipping only passes to the customer when the goods are handed over. The regulation applies regardless of whether the shipment is insured or uninsured.
§ 10 Statutory liability law for defects
  1. The statutory liability rights for defects apply.
  2. Consumers are asked to check the goods upon delivery for completeness, obvious defects and transport damage and to inform the shop operator as quickly as possible. If the customer does not comply with this, this will have no effect on his statutory warranty claims.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

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