AGBs

of
Lederhosen-Manufaktur
CIC eBusiness GmbH
Schörgenhubstraße 41
4030 Linz
FN 483928 i LG Linz
Tel. +43 732 30 23 20 333

info@lederhosen-manufaktur.at
UID ATU72990034

1. validity

Deliveries, services and offers from Lederhosen-Manufaktur are made exclusively on the basis of these General Terms and Conditions. Conflicting or deviating terms and conditions of customers shall not be recognized unless expressly agreed to by Lederhosen-Manufaktur. Acts of contract fulfillment by Lederhosen-Manufaktur shall not be deemed consent to provisions deviating from these GTCs.

2. essential characteristics of the goods

The Lederhosen-Manufaktur offers a configurator on the website www.lederhosen-manufaktur.at where customers can create or assemble their own leather pants (unique items). It should be noted that lederhosen in particular are made of natural materials, which may differ from the pictures shown in terms of shape, color and grain. These are unique items and the customer expressly acknowledges this. 

3. order and conclusion of contract

Using the configurator, customers can put together their own customized design for the Lederhose they want and then order them.

The order is placed in the following steps:

• Selection of the desired goods
• Enter the login data for registration in the webshop (first and last name, deliverable address, e-mail, telephone number)
• Display of pre-contractual information for consumers in accordance with Section 5a KSchG and Section 4 FAGG
• Checking the details in the shopping cart
• Confirmation by clicking the button "order with obligation to pay"
• Orders are generally processed and contact established by e-mail and automated order processing. The customer must therefore ensure that the e-mail address and telephone number provided are correct so that e-mails sent by the seller can be received; this must be ensured in particular when using SPAM filters.
• By submitting the order in the webshop, the customer submits a binding offer to conclude the purchase contract for the goods contained in the shopping cart and recognizes the pre-contractual information for consumers and these GTCs as solely authoritative.
• The sending of a confirmation e-mail by Lederhosen-Manufaktur does not constitute acceptance of the contract offer by Lederhosen-Manufaktur, but merely serves as information. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.
• In EU countries, the respective VAT is sold to customers.
• In third countries, the net amount is charged without VAT. In these countries, the customer is responsible for the payment of import VAT and, if applicable, customs duties.

4. right of withdrawal of the consumer according to § 11 FAGG

The customer, who is a consumer within the meaning of the Consumer Protection Act, may withdraw from a contract concluded outside the business premises of the company or from a distance selling contract within 14 working days, unless there is a legal exception.

The withdrawal period is 14 calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer or a third party named by the consumer, who is not the carrier, takes possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer or a third party named by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the consumer has sent the declaration of withdrawal within this period.

The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that spoil quickly, or whose expiration date has been exceeded.

If the consumer withdraws from the contract, Lederhosen Manufaktur shall reimburse the payments made by the consumer, including the delivery costs (with the exception of the additional costs resulting from the fact that the consumer has chosen a different type of delivery than the cheapest standard delivery offered by the entrepreneur) and reimburse the necessary and useful expenses incurred by the consumer on the item, and the consumer shall return the goods received and pay the entrepreneur reasonable compensation for use, including compensation for any associated reduction in the fair market value. The consumer shall bear the direct costs of returning the goods.

5. prices and shipping costs

The prices are listed for the individual items. All prices quoted by Lederhosen-Manufaktur are inclusive of VAT, unless expressly stated otherwise. The sales prices include all shipping costs. The entrepreneur delivers worldwide.

6. terms of payment

With regard to payment, 100% payment must be made in advance, as each product is unique and is therefore manufactured individually. Production starts after payment.

If the customer is in default of payment, Lederhosen-Manufaktur shall be entitled, at its discretion, to demand compensation for the damage actually incurred or default interest at the statutory rate. This is 4% p.a. for consumers and 9.2% p.a. above the base interest rate for entrepreneurs. Lederhosen-Manufaktur shall also be entitled to demand compound interest in the event of default of payment by the customer from the date of delivery of the goods.

7. reminder and collection charges

In the event of default of payment, the customer undertakes to reimburse Lederhosen-Manufaktur for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. In the case of business transactions, this shall in any case include a lump sum of € 40.00 as compensation for the collection costs. The assertion of further rights and claims remains unaffected.

8. default of acceptance

If the customer is in default of acceptance or payment, LEderhosen-Manufaktur shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services.

In the event of default of acceptance, Lederhosen-Manufaktur shall be entitled, after unsuccessfully setting a grace period, to either store the goods on its premises, whereby a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof may be charged, or to store the goods with an authorized tradesman at the customer's expense and risk. At the same time, Lederhosen-Manufaktur shall be entitled either to insist on fulfillment of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and use the goods for other purposes.

9. terms of delivery and service

After receipt of the down payment by Lederhosen-Manufaktur, the production process is set in motion. Lederhosen-Manufaktur is entitled to exceed agreed deadlines and delivery periods by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.

10. compensation for damages

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The provisions on damages shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

11. reservation of title

All goods are delivered by Lederhosen-Manufaktur subject to retention of title and remain its property until full payment has been made.

12. right of withdrawal of the entrepreneur / unjustified withdrawal of the customer

In the event of default of acceptance (point 8.) or other important reasons, such as default of payment by the customer, Lederhosen-Manufaktur shall be entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of rescission, Lederhosen-Manufaktur shall have the option, if the customer is at fault, of claiming a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. If the customer is in default of payment, Lederhosen-Manufaktur shall be released from all further performance and delivery obligations and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable deadline.

If the customer - without being entitled to do so - withdraws from the contract or requests its termination, Lederhosen-Manufaktur shall have the choice of insisting on fulfillment of the contract or agreeing to the termination. In the latter case, the customer shall be obliged to pay Lederhosen-Manufaktur a lump-sum compensation of 15% of the gross invoice amount or the actual damage incurred, at Lederhosen-Manufaktur's discretion.

13. data protection, change of address and copyrights

The customer agrees that the personal data contained in the purchase contract may be stored and processed automatically by Lederhosen-Manufaktur in fulfillment of this contract.

The customer is obliged to inform die Lederhosen-Manufaktur of any changes to his residential or business address as long as the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last known address.

14 Place of performance, contract language, choice of law and place of jurisdiction

The place of performance is the registered office of Lederhosen-Manufaktur. Austrian jurisdiction shall apply and be agreed. If it is not a consumer transaction, the competent court at the registered office of Lederhosen-Manufaktur shall have exclusive local jurisdiction to decide on all disputes arising from the contract. This contract shall be governed exclusively by Austrian substantive law, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

15. partial invalidity

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

16. consent pursuant to § 107 TKG

The customer agrees to receive messages from Lederhosen-Manufaktur or from companies commissioned by Lederhosen-Manufaktur for advertising purposes within the meaning of § 107 TKG. This consent can be revoked by the customer at any time.