Terms and Conditions
GENERAL TERMS AND CONDITIONS for purchase (see below for rental conditions)
(English Version: In case of any variance between the English and German versions, the German version (Allgemeine Geschäftsbedingungen) shall prevail).
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "T&C") of
apply to all contracts for the sale of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the Seller's goods and services. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
The version of the General Terms and Conditions valid at the time of conclusion of the contract is decisive.
1.2 Customer is any natural person who engages in a business which is not a part of their business.An entrepreneur in the sense of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, commercial and industrial cooperatives, mutual insurance companies, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or post.
The seller will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless, in addition to confirming receipt, it also declares acceptance.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the Customer selects a payment method within the scope of the online order process by clicking the button concluding the order process and at the same time also submitting a payment order to his payment service provider to transfer the money directly to the Seller's account, the Seller hereby declares, in deviation from Section 2.3, acceptance of the Customer's offer at the point in time when the money arrives in the Seller's account.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, letter) after the Customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this.
2.5 Prior to submitting a binding order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 For conclusion of the contract, the German and English languages are used.
2.7 The order processing and customer contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a contract remotely.
A remote contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (letters, Internet, telephone) up to and including the conclusion of the contract.
3.2 More Information on the right of withdrawal is contained in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's description of products and services, the prices quoted are total prices which include statutory VAT.
The prices listed in our online shop are in EUR and include all taxes, but not the shipping costs. The shipping costs can be found on the "Payment and shipping information"page. The amounts stated at the time of ordering apply. For deliveries within the EU, we will inform you again about the prices, taxes and shipping costs in the order summary before the order is completed.
The payment methods accepted in our online shop arelisted on the "Payment and shipping information"page . There you will find all details about the associated payment conditions and possible fees. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties) as well as costs and fees for the preparation of import and export documents. Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5) Delivery and shipping conditions
5.1 Our products and services are available to all customers with a residence or registered office in a member state of the European Union and beyond that in the countries listed below.
However, goods are only delivered to the following countries:
Albania, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Germany, Georgia, Hungary, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine.
If you wish to make a purchase and deliver to another country, this can be arranged on a case by case basis and we ask you to contact us.
5.2 Should the customer act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the customer until the goods are handed over to the customer or a person or company authorised to receive the goods. If, however, the consumer himself has concluded the transport contract without making use of a choice proposed by the Company, the risk shall pass to the Customer as soon as the goods are handed over to the carrier.
5.3 The seller reserves the right to withdraw from the contract with customers who are entrepreneurs in the event of incorrect or improper self-supply.
5.4 In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods from the Seller's forwarding warehouse in Vienna, as agreed with the Seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 The seller reserves the right of ownership of the delivered goods to consumers until the purchase price owed has been paid in full.
6.2 The seller reserves the right of ownership of the delivered goods for entrepreneurs until all claims from an ongoing business relationship have been settled in full.
7) Warranty and guarantee
7.1 The provisions of the statutory warranty shall apply.
If the customer acts as an entrepreneur, the following also applies
- An insignificant defect does not justify any warranty claims,
- The seller has the choice of the method of remedying the defect,
- The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), the commercial duty of inspection and notification of defects pursuant to § 377 UGB shall apply. If the customer fails to comply with the duties of notification regulated therein, the goods shall be deemed to be approved.
7.2 Manufacturer warranty
When a tent is sold, a guarantee is provided by the manufacturer Lotus Belle™. Details of the manufacturer's warranty can be found here.
8.1 The Seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of deliberate or negligent injury to life, body or health.
8.2 Any other liability of the seller is excluded.
8.3 The above liability provisions also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
9) Place of jurisdiction/applicable law
9.1If the customer is an entrepreneur, the place of the seller's registered office is agreed as the exclusive place of jurisdiction. This does not apply to consumers.
All legal relations between the parties shall be governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is resident.
10) Alternative dispute resolution
10.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.