General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Lupaan GmbH) via the website www.eightpins.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) Consumers within the meaning of the following provisions are any natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneurs are any natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. Before submitting the order, you have the opportunity to check all the details again, make changes (also using the "back" function of your internet browser) or cancel the purchase. By submitting the order via the "order with obligation to pay" button, you are making a binding offer to us. You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of a contract.
(3) Acceptance of the offer (and thus conclusion of the contract) only comes about through our express declaration or the dispatch of the goods. If the contract is not concluded, any payments already made will be refunded immediately.
(4) Your requests for a quote are non-binding. We will send you a binding quote in writing (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 carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before ownership of the goods subject to retention of title has been transferred.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title 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 at our discretion.
§ 4 Warranty
(1) The statutory warranty guidelines apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the nature of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transportation is not in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:
– for culpable damage attributable to us resulting from injury to life, limb, or health, and for other damage caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory 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 shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that 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 unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Lupaan LLC
Kristein 2
4470 Enns
Austria
Phone: +43 660 8107143
Email: shop@eightpins.at
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in writing as part of a binding quotation, e.g., by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which shall be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery terms, delivery date, and any existing delivery restrictions can be found under the corresponding information in the article on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are a business owner, delivery and shipping are at your own risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)
Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. For our seatposts NGS 1, NGS 2, and H01, you have an extended right of withdrawal of 30 days.
The cancellation period is 14 days (or 30 days for seatposts) from the day
– on which you or a third party designated by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered as a single shipment;
– on which you or a third party designated by you, who is not the carrier, took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, 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 notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period expires.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
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 manufacture 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 be quickly exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after 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 illustrated 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 not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;
– for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
– To Lupaan GmbH, Kristein 2, 4470 Enns
– 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 for paper notifications)
– Date
(*) Delete as appropriate.