General Terms and Conditions

for
Lederhosen-Manufaktur
CIC eBusiness GmbH
Schrammlstraße 28
4050 Traun
FN 483928 i LG Linz
Tel. +43 732 30 23 20 333

info@lederhosen-manufaktur.at
UID ATU72990034

1. Application

Lederhosen-Manufaktur’s deliveries, performances and offers are exclusively based on these General Terms and Conditions. Customers’ contradictory or different terms and conditions will not be recognised unless Lederhosen-Manufaktur has expressly consented to them. Acts by Lederhosen-Manufaktur in the fulfilment of the contract will not be deemed to be consent to provisions that vary from these general terms and conditions.

2. Essential characteristics of the goods

Lederhosen-Manufaktur uses a configurator at www.lederhosen-manufaktur.at to offer Lederhosen (unique items) that are put together or customised in accordance with customer wishes. It must be noted that Lederhosen in particular are made from natural materials, which may possibly differ in shape, colour and grain from the images shown. These are unique items and the customer expressly acknowledges this fact. 

3. Order and conclusion of the contract

Customers use the configurator to put together a design in accordance with their own wishes for the desired Lederhosen and may then order them.

The following steps are usually used to place the order:

• Selection of the desired goods
• The login data for registration in the webshop is entered (first and last name, address for service, email, telephone number)
• The pre-contractual information for consumers in accordance with Paragraph 5a Konsumentenschutzgesetz (KSchG – Consumer Protection Act) and Paragraph 4 Fern- und Auswärtsgeschäftegesetz (FAGG – Distance Selling Act) is presented
• The information provided in the shopping basket is verified
• Confirmation by clicking the ‘Buy now’ button
• Email and automated order-processing systems are usually employed for contacting purposes and for processing orders. Customers must therefore ensure that the email address and telephone number provided are accurate so that it is possible for them to receive emails sent by the Vendor; this must be ensured in particular when using SPAM filters.
• By submitting the order in the webshop, customers are making a binding bid to conclude the purchasing contract for the goods contained in the shopping basket and acknowledge the pre-contractual information for consumers and these general terms and conditions as solely relevant.
• The fact that Lederhosen-Manufaktur has sent a confirmation email does not constitute an acceptance by Lederhosen-Manufaktur of the bid to enter a contract; confirmation emails merely serve as information. Acceptance of the contract bid will be declared with the delivery of the goods or an express declaration of acceptance.
• Sales to customers in EU countries are made with the respective VAT.
• The net amount will be charged without VAT in third countries. The customer will be responsible for the payment of import VAT and, if applicable, customs duties in these countries.

4. Consumers’ right of withdrawal in accordance with Paragraph 11 Fern- und Auswärtsgeschäftegesetz (FAGG – Austrian Distance Selling Act)

Customers who are consumers within the meaning of the Konsumentenschutzgesetz (KSchG – Consumer Protection Act) may withdraw from contracts concluded outside the company’s business premises or from a distance-selling contract within 14 working days if no legal exemption exists.

The time limit for withdrawal is 14 calendar days. In the event of contracts for the delivery of goods, the time limit commences on the day on which the consumers or third parties they have appointed and who are not the carrier have taken possession of the goods. In the event of a contract that covers several items that were ordered within a single order and that were delivered separately, from the day on which consumers or third parties they have appointed and who are not the carrier have taken possession of the last item. It is sufficient for the consumer to have sent the notice of withdrawal within the time limit.

The right of withdrawal does not apply to goods that have been manufactured in accordance with customer specifications, that have been clearly tailored to personal needs, whose nature makes them unsuitable for return, that spoil quickly or whose expiry date has passed.

Should consumers withdraw from the contract, Lederhosen-Manufaktur must on a concurrent basis refund the payments made by consumers, including the delivery costs (with the exception of additional costs resulting from the fact that those consumers chose a type of delivery other than the cheapest standard delivery offered by the business), and reimburse the necessary and useful expenditure made by the consumer on the item, and the consumer shall return the goods received and pay the business reasonable compensation for the use, including compensation for any associated reduction in the fair market value. Consumers must bear the direct costs of the return shipment themselves.

5. Prices and shipping costs

The individual articles are listed with their prices. All prices quoted by Lederhosen-Manufaktur are inclusive of VAT, unless otherwise expressly stated. The sales prices include all costs for shipping. The business ships worldwide.

6. Terms of payment

An advance payment of 100% must be made in regard to payment because each product is unique and therefore manufactured individually. Production will be commenced after payment.

In the event that customers delay payments, Lederhosen-Manufaktur will be entitled to demand either compensation for the damage actually incurred or interest on arrears at the statutory rate. This is 4% p.a. above the base rate for consumers and 9.2% p.a. above the base rate for businesses. In the event that customers delay payments, Lederhosen-Manufaktur will also be entitled to demand compound interest from the day the goods were handed over.

7. Reminder and collection expenses

In the event of delayed payment, the customer undertakes to reimburse Lederhosen-Manufaktur for any reminder and collection expenses incurred, insofar as these are necessary for appropriate legal action. This will in any event include a lump sum of € 40.00 as compensation for operational costs in the event of transactions between businesses. The assertion of further rights and claims remains unaffected by this.

8. Delayed acceptance

In the event of customers delaying acceptance or payment, Lederhosen-Manufaktur will be released from all further obligations to perform and deliver and will be entitled to withhold any outstanding deliveries or performances.

In the event of delayed acceptance, Lederhosen-Manufaktur will, after unsuccessfully setting a subsequent time limit as a grace period, be entitled to either store the goods on its premises, in which case a storage fee of 0.1% of the gross invoice amount may be charged for each calendar day or part thereof, or store the goods at the customer’s expense and risk with a business person who is authorised to store goods. Lederhosen-Manufaktur will, at the same time, be entitled either to insist on fulfilment of the contract or to withdraw from the contract after setting a reasonable time limit as a period of grace of at least two weeks and to dispose of the goods in another way.

9. Terms of delivery and performance

The production process will be set in motion once Lederhosen-Manufaktur has received the down payment. Lederhosen-Manufaktur is entitled to exceed agreed deadlines and delivery time limits by up to one week. Customers will only be entitled to withdraw from the contract after this time limit has passed, after they have set a reasonable subsequent time limit as a period of grace.

10. Compensation for damages

All claims for damages will be excluded in the event of minor negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items accepted for processing. Unless it concerns a consumer transaction, the existence of minor or gross negligence must be proven by the injured party. The provisions governing damages will also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

11. Retention 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 for the business / unjustified withdrawal by the customer

Lederhosen-Manufaktur will be entitled to withdraw from the contract provided that it has not yet been fulfilled in full by both parties in the event of delayed acceptance (Point 8.) or other important reasons, including delayed payment by customers. Lederhosen-Manufaktur will, in the event of withdrawal and if the customer bears responsibility for such withdrawal, have the option to demand a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of customers delaying payment, Lederhosen-Manufaktur will be released from all further obligations to perform and deliver and will be entitled to withhold outstanding deliveries or performances and to demand advance payments or securities or to withdraw from the contract after setting a reasonable time limit.

Lederhosen-Manufaktur will at its discretion insist on the fulfilment of the contract or agree to the cancellation when customers withdraw from the contract without being entitled to do so or when customers request its cancellation. Customers will in the latter event be obliged to pay, at Lederhosen-Manufaktur’s discretion, either liquidated damages to the amount of 15% of the gross invoice amount or the actual damages incurred.

13. Data protection, change of address and copyrights

Customers consent to Lederhosen-Manufaktur employing automated systems to store and process the personal data contained in the purchasing contract for the purposes of fulfilling the contract.

Customers are obliged to inform Lederhosen-Manufaktur of any changes to residential or business addresses as long as the contract has not been fulfilled in full by both parties. Declarations will be deemed to have been received even if they have been sent to the address last provided if customers fail to notify Lederhosen-Manufaktur accordingly.

14. Place of performance, contractual language, choice of law and place of jurisdiction

The place of performance is Lederhosen-Manufaktur’s registered office. It is agreed that this contract is subject to Austrian jurisdiction. The court with subject-matter jurisdiction at Lederhosen-Manufaktur’s registered office will have exclusive local jurisdiction to decide on all disputes arising from the contract if the transaction was not a consumer transaction. This contract will be exclusively subject to Austrian substantive law on exclusion of the relevant provisions governing Conflict of Laws within Private International Law and the United Nations Convention on Contracts for the International Sale of Goods.

15. Partial invalidity

The validity of the remaining contract will remain unaffected should individual provisions of this contract be ineffective or impracticable or become ineffective or impracticable after the contract has been concluded. The ineffective or impracticable provision will be replaced by an effective and practicable provision whose effects come as close as possible to the commercial objective that the contracting parties had pursued with the ineffective or impracticable provision.

16. Consent in accordance with Paragraph 107 Telekommunikationsgesetz (TKG – Telecommunications Act)

Customers agree to receive messages from Lederhosen-Manufaktur or from companies that have been commissioned to this end by Lederhosen-Manufaktur for advertising purposes in the meaning of Paragraph 107 Telekommunikationsgesetz (TKG – Telecommunications Act). Customers may revoke this consent at any time.