Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into 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) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Formation 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 enter into a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping cart system. The goods you intend to purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After proceeding to the “Checkout” page and entering your personal information as well as the payment and shipping details, all order details will be displayed once more on the order summary page. Before submitting the order, you have the option to review all details here once more, make changes (including via your web browser’s “Back” function), or cancel the purchase. By submitting the order via the “Place Binding Order” button, you are making a binding offer to us. You will first receive an automatic email confirming receipt of your order; this does not yet constitute the conclusion of a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) is effected only through our express declaration or the shipment 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 provide you with a binding offer in writing (e.g., via email), which you may 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 are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is accurate, that receipt of the emails is technically ensured, and, in particular, that they are not blocked by spam filters.
§ 3 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.
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 total arising from the resale; we accept this assignment. You remain 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) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of 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 security to which we are entitled at your request to the extent that the realizable value of our security exceeds the claim to be secured by more than 10%. The selection of the security to be released is at our discretion.
§ 4 Warranty
(1) The statutory warranty provisions apply.
(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) If you are a business, the following provisions apply in deviation from the warranty provisions above:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon as the quality of the item; however, other advertising, public promotions, and statements by the manufacturer shall not be considered as agreed upon.
b) In the event of defects, we shall, at our discretion, fulfill our warranty obligations by repair or replacement. If the attempt to remedy the defect fails, you may, at your discretion, demand a price reduction or rescind the contract. The attempt to remedy the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item, the defect, or other circumstances indicate otherwise. In the event of repair, we are not required to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:
– to damages attributable to us resulting from injury to life, limb, or health, or to other damages caused intentionally or through gross negligence;
– to the extent that we have fraudulently concealed the defect or have provided a guarantee regarding the quality of the item;
– for items that have been used in accordance with their customary use in a structure and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) Austrian law shall apply.
For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the venue, is our registered office, provided that you are not a consumer but rather 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 venue in Austria or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller’s Identity
Lupaan GmbH
Kristein 2
4470 Enns
Austria
Phone: +43 660 8107143
Email: shop@eightpins.at
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The language of the contract is English.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you may print the contract details using your browser’s print function or save them electronically. Once we receive your order, we will resend the order details, the legally required information for distance sales contracts, and the General Terms and Conditions to you via email.
3.3. For requests for quotes outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer, e.g., via email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set forth in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
5.4. You are responsible for any money transfer costs incurred (bank transfer or exchange rate fees charged by financial institutions) in cases where the delivery is made to an EU member state but the payment was initiated from outside the European Union.
5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment obligations arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled “Info” section in the product listing on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the seller or any other person designated to carry out the shipment.
If you are a business, delivery and shipping are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provisions 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 related to their independent professional activity.)
Withdrawal Policy
Right of Withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. For our NGS 1, NGS 2, and H01 seatposts, you have an extended right of withdrawal of 30 days.
The withdrawal period is 14 days (or 30 days for seatposts) starting from the day
– on which you or a third party designated by you, other than the carrier, took possession of the goods, provided that you ordered one or more items as part of a single order and they are delivered together;
– on which you or a third party designated by you, who is not the carrier, took possession of the last item, provided that you ordered multiple items as part of a single order and they 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 mail, fax, or email). You may use the attached model withdrawal form for this purpose, though its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us without delay and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
Grounds for Exclusion or Termination
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 specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs;
– for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;
– for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which can be delivered no earlier than 30 days after the contract was concluded and whose current value depends on market fluctuations over which the business has no control;
– for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for 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 broken after delivery;
– for the delivery of goods if, due to their nature, they have become 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 cancel the contract, please fill out this form and return it.)
– To Lupaan GmbH, Kristein 2, 4470 Enns
– I/we (*) hereby withdraw from 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 submitting on paper)
– Date
(*) Delete as appropriate.