General Terms and Conditions and information for customers
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Lupaan GmbH) via the www.eightpins.com website. Unless otherwise agreed, the inclusion of your own conditions that you may have used is herewith contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal entitity who, when concluding a legal transaction is exercising this in the name of its professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods. Our product offer on the Internet is non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the Eightpins online shopping system. The goods intended for purchase are stored in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “cashier” page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. Before submitting the order, you have the option here to check all the details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase. By submitting the order using the “buy for a fee” button, you are submitting a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) only comes about through our express declaration or the dispatch of the goods. If the contract does not come about, payments already made will be refunded immediately.
(4) Your inquiries to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of retention , Retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contract / order.
(2) The goods remain our property until the purchase price has been paid in full to Lupaan GmbH.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the goods subject to retention of title.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the products for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not any advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our discretion, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The shortening of the deadline does not apply:
– culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
– In the case of legal recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) Austrian law applies.
For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Austria or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
Phone: +43 660 8107143
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the order process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated information in the article on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
Right of Withdrawal
(A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. For Eightpins seat posts NGS 1, NGS 2, HO1 you have an extended right of withdrawal of 30 days. For our seat posts NGS 1, NGS 2, H01 you have an extended right of withdrawal of 30 days.
The cancellation period is 14 days – and 30 days for Eightpins seat posts – from the day
– on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
– on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
In order to exercise your right of cancellation, you must inform us (Lupaan Gmbh, Kristein 2, 4470 Enns, www.eightpins.com, email@example.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
– for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
– for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(If you want to cancel the contract, please fill out this form and send it back.)
– To Lupaan GmbH, Kristein 2, 4470 Enns / firstname.lastname@example.org
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable.