General Terms and Conditions
§ 1. GENERAL PROVISIONS
The following general terms and conditions (GTC) apply to all contracts concluded with Lederwarenhandel Weidner GmbH on online ordered goods within the meaning of the Austrian Distance Selling Act in the respective version current at the time of the conclusion of the contract. Differing, conflicting or supplementary terms shall only become part of the contract if Lederwaren Weidner GmbH expressly agrees to their validity in writing.
The contact details of Lederwarenhandel Weidner GmbH are as follows:
Lederwarenhandel Weidner GmbH
Landstraßer Hauptstraße 27
tel.: +43 1 712 34 58
fax: +43 1 713 15 55
§ 2. CONCLUSION OF THE CONTRACT
The representation of products in the online shop does not constitute a legally binding offer. All information on goods and prices is subject to confirmation and nonbinding. Only with sending the order by clicking the Submit button, the customer makes a binding offer based on at this stage given information on good(s) and price(s).
Immediately after sending an order, the customer will receive an automatic confirmation of receipt stating information on the ordered good(s), price(s) and also terms of payment and delivery. This e-mail only represents a confirmation of receipt though.
The purchase contract is only concluded if and when Lederwaren Weidner GmbH acknowledges the order by sending an e-mail to the customer. Up to that point it can be refrained from delivering the offered goods. If an order is not accepted, the customer will be informed by e-mail as soon as possible.
The customer will be immediately informed by e-mail in case of unavailability or only partial availability. Any payment already made will be reimbursed promptly.
Lederwaren Weidner GmbH reserves the right to deliver only in household quantities.
§ 3. CANCELLATION/WITHDRAWAL FROM THE CONTRACT
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or another third party designated by you, who is not the carrier, took possession of the latest goods.
In order to exercise your cancellation right, you must inform us (Lederwarenhandel Weidner GmbH, Landstrasser Hauptstrasse 27, 1030 Vienna, AUSTRIA, tel.: +43 1 712 34 58, fax: +43 1 713 15 55, e-mail: firstname.lastname@example.org) of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, a fax or an e-mail). You can use the attached model cancellation form for this purpose; however, this is not compulsory. You can find the model cancellation form in the footer under information - model cancellation form.
In order to comply with the cancellation period, it is sufficient for you to send us notification that you are exercising your cancellation right before the cancellation period has elapsed.
§ 4. CONSEQUENCES OF CANCELLATION/WITHDRAWAL
If you cancel this contract, then we must pay back all payments that we have received from you, including delivery costs (with the exception of any additional costs you incurred by choosing a different delivery option than the cheapest standard delivery we offer), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. We will use the same payment method for this refund as the one you used for the original transaction, unless we have expressly agreed otherwise with you; on no account will you be charged any fees in connection with this refund. We can withhold the refund until we have received the goods back from you or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must send back or deliver the goods to us immediately and in any case at the latest within fourteen days from the day on which you informed us of your cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the period of fourteen days has elapsed.
You will bear the direct cost of returning the goods. You are only liable for any loss in value of the goods if this loss in value can be attributed to any handling of the goods that was not necessary to check their state, properties, and functionality.
Please note: You can find the model cancellation form in the footer under information – model cancellation form.
§ 5. PAYMENT AND PRICES
The prices quoted in the online shop are given in Euro, value added tax (VAT) included, delivery charges are not included though.
The following methods of payment are accepted:
- Credit card: Visa, Mastercard, Diners Club
- Instant bank transfer
- Austrian delivery adress: cash on delivery (COD)
Lederwarenhandel Weidner GmbH reserves the right to refuse the stated methods of payment in special cases.
§ 6. RETENTION OF TITLE
If Lederwarenhandel Weidner GmbH agrees on delivery without payment in advance in individual cases, the delivered items remain the property of Lederwarenhandel Weidner GmbH until the complete payment has been made.
§ 7. COSTS OF DELIVERY AND DISPATCH
Delivery is made to the delivery address indicated by the customer. It is carried out by the parcel service DPD Express.
Please find the delivery costs in the following table:
independent of weight
Free delivery starting from an order value of EUR 100.00
EUR 10.00 if order value is less than EUR 100.00
independent of weight
Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy, Croatia, Luxembourg, Netherlands, Poland, Portugal, Rumania, Sweden, Slovakia, Spain, Czech Republic, Hungary, Great Britain
EUR 10.00 starting from an order value of EUR 100.00
EUR 49.95 if order value is less than EUR 100.00
independent of weight
EUR 49.95 starting from an order value of EUR 100.00
No delivery if order value is less than EUR 100.00
Delivery can only be made to the above mentioned countries within the EU.
If an order is not feasible – e.g. because of unavailability of the item – the customer will be immediately informed by e-mail.
Lederwarenhandel Weidner GmbH reserves the right to charge delivery costs to the customer’s account for undeliverable parcels, parcels which are not collected by the parcel service or not accepted parcels. Especially in the case of impossible delivery because of incorrect, incomplete or unclear information by the customer, he has to bear the full ensuing cost.
Arising additional delivery costs in case of partial deliveries are paid by Lederwarenhandel Weidner GmbH.
Possible taxes, duties and charges connected with delivery abroad, especially customs duties or similar, have to be paid by the customer and are not included in the quoted prices.
§ 8. WARRANITY
The customer has the legal warranty rights within the meaning of §§ 922 ff ABGB (General Civil Code Austria). The warranty is the legally - regardless of culpability - provided liability of the entrepreneur for defects which have already existed at the time of delivery, also if this defect may not show until later. If a defect emerges only after delivery, it is not a warranty case. All advice on packaging and information supplements has to be regarded. No liability is accepted for any deviating application and/or handling.
The warranty period for goods is two (2) years from handover of the goods. In the case of a defect, the customer is primarily entitled to repair; a price reduction may be possible in case that a repair would cause a disproportional effort. The right of rescission only exists in cases of non-recoverable or only under disproportional effort amendable defects, provided that these defects are significant.
Within the first six months after delivery, the burden of proof that the item had no defect at the time of delivery lies with Lederwaren Weidner GmbH. If the defect appears only after expiration of the six months, the customer has to prove that the defect already existed at the time of delivery.
The costs for the return in the case of a defect are borne by Lederwaren Weidner GmbH. In this case, please refer to the contact data stated under § 1.
If the customer is an entrepreneur, he has to examine the goods immediately upon receipt and claim any visible defects within 24 hours (notice of defects). Defects which are not immediately recognisable despite careful verification have to be claimed immediately after discovery. The defect has to be described precisely in order that the notice of defects is valid.
§ 9. STORAGE OF CONTRACT TEXT
We store the text of the contract and send you the order data by e-mail. You can also view and download the general terms and conditions here on this website at any time. You can view your past orders in our customer login.
§ 10. APPLICABLE LAW AND PLACE OF JURISDICTION
Place of fulfilment is Vienna.
Contract, order and business language is German.
Substantive law of the Republic of Austria shall apply, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
For business transactions with enterprises, legal entities under public law or special funds under public law, Vienna is sole place of jurisdiction for all disputes arising from the contractual relationship and the general terms and conditions.
The legal places of jurisdiction shall apply for all legal disputes with consumers within the meaning of the Consumer Protection Act (KSchG).
§ 11. FINAL PROVISIONS
If clauses of these general terms and conditions are ineffective or invalid, the remaining clauses remain effective. The void clause is deemed to be substituted by such one which is effective in law and valid and corresponds to the replaced term in its economic effect.
All legally binding declarations have to be delivered in written form to the last disclosed address of the respective other contracting party. Declarations to these addresses are deemed to be delivered.