Table of Contents

Scope of Application

Conclusion of Contract

Right of Withdrawal

Prices and Payment Conditions

Delivery and Shipping Conditions

Retention of Title

Liability for Defects (Warranty)

Applicable Law

Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Christoph Lang, trading under “Christoph Lang Handel” (hereinafter “Seller”), apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions 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.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the “Order with payment” button that concludes the ordering process.

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 (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends on the expiry of the fifth day following the dispatch 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text will be saved by the Seller and sent to the Customer after the order has been submitted, along with these General Terms and Conditions, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he has completed the order.

tton, which completes the order process.

2.7 German is available for the conclusion of the contract.

2.8 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 The customer has various payment options available, which are specified in the seller’s online shop at the beginning of the ordering process.

4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.

4.4 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT,” provide appropriate identification during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then processed immediately by “SOFORT,” and the customer’s bank account is debited. Further information on the “SOFORT” payment method can be found online at https://www.klarna.com/sofort/.

4.6 If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment is processed in cooperation with Global Payment s.r.o. Am Belvedere 1, 1100 Wien to which the seller assigns its payment claim. Global Payment s.r.o will debit the invoice amount from the customer’s specified credit card account. In the event of an assignment, payments can only be made to Global Payment s.r.o with debt-discharging effect. The credit card will be charged immediately after the customer submits the order in the online shop. Even if credit card payment via Global Payment s.r.o is selected, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation notices and shipments, or credit notes.

5) Delivery and Shipping Conditions

5.1 Goods will be delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller’s order processing is decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this does not apply to shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller’s cancellation policy apply to return shipping costs.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller makes advance payments, they retain title to the goods until full payment of the purchase price owed and all associated costs and expenses.

Ownership of the delivered goods remains.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

7.1 If the customer acts as a business,

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for warranty claims is one year from delivery of the goods;

for used goods, warranty claims are excluded;

the limitation period does not commence anew if a replacement delivery is made within the scope of warranty.

7.2 The limitations of liability and shortening of time limits stipulated above do not apply

to the customer’s claims for damages and reimbursement of expenses,

in the event that the seller has fraudulently concealed the defect,

to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

to any existing obligation of the seller to provide updates for digital products, and in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) AT-UGB (Austrian Commercial Code), the customer is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 AT-UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, they are requested to complain to the delivery person about any goods delivered with obvious transport damage and to inform the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.