LIFEtool Solutions GmbH | Hafenstrasse 47-51 | A - 4020 Linz
Version dated February 25, 2010
1.1 For all mutual claims from and in connection with the conclusion of a contract between the customer and LIFEtool Solutions GmbH, these General Terms and Conditions always apply in the version valid at the time the respective contract is concluded.
1.2 In the event of a collision, the following is the order of priority between the regulations:
1) General Terms and Conditions.
2) legal regulation.
LIFEtool Solutions GmbH concludes contracts with customers who
a) are natural persons with unlimited legal capacity
b) who have reached the age of 19 and with
c) legal persons,
each with residence or seat in Austria or a member state of the European Union (hereinafter referred to as "customers")
3. Subject matter of the contract
LIFEtool Solutions GmbH delivers the goods or services ordered by the customer after acceptance of the offer. Should LIFEtool Solutions GmbH subsequently recognize that LIFEtool Solutions GmbH z. If, for example, an error has occurred in the information about a product, a price or a delivery, LIFEtool Solutions GmbH will inform the customer of this immediately. He can confirm the order again under the changed conditions. Otherwise LIFEtool Solutions GmbH is entitled to withdraw from the contract
4. Conclusion of a contract / right of withdrawal
4.1 The contract is concluded when LIFEtool Solutions GmbH accepts the customer's order. The customer waives a declaration of acceptance (§ 864 ABGB). The customer will either be informed of the conclusion of the contract by LIFEtool Solutions GmbH by means of a confirmation or, at the latest, by the delivery of the ordered goods or by the offer or the provision of the service.
4.2 Every consumer can withdraw from the concluded contract within 14 days of receipt of the goods by sending a written declaration of withdrawal. It is sufficient if the declaration of withdrawal is sent within this period. The customer is obliged to return the goods immediately. The return shipping costs (postage) are to be borne by the customer, unless incorrect or defective goods have been delivered to the customer. The customer can also exercise his right of withdrawal by sending the goods back to LIFEtool Solutions GmbH within 14 days of receipt without giving a reason. In this case, timely dispatch of the goods is sufficient to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or clearly used and that they are returned with sufficient postage. In the event of an incorrect or defective delivery, LIFEtool Solutions GmbH bears the return shipping costs (postage). The customer bears the risk of dispatch and proof of this. In the event of the customer withdrawing from the contract (by expressly declaring or simply returning the goods), LIFEtool Solutions GmbH will immediately reimburse the purchase price already paid. Shipping and packaging costs are not refundable.
4.3 The right of withdrawal does not apply to the following groups of goods and to the following events that may result in the following:
- Audio and video cassettes, CDs, software, as long as their seals have been opened or downloaded online
- Goods that are made to customer specifications or that are clearly tailored to personal needs.
4.4 If the customer places an order for the following goods or groups of goods with LIFEtool Solutions GmbH, a right of withdrawal is also excluded, since these goods are either unsuitable for a return due to their nature and / or do not apply in the case of the following events:
a) Books, provided the protective cover has been opened or downloaded online
b) Goods that are configured from standard components according to customer specifications, such as B. individually configured computer hardware with / without software installations as soon as they are used or put into operation
c) kits built by the customer and parts that have already been installed by the customer
d) Batteries, rechargeable batteries, cables, lamps, semiconductors or similar items, provided that their seal or packaging has been opened
e) Special orders from the customer, such as B. spare parts specially ordered for the customer, etc.
4.5 Reservation of availability:
If LIFEtool Solutions GmbH determines after the conclusion of the contract that the ordered goods or services are no longer available from LIFEtool Solutions GmbH or cannot be delivered for legal reasons, LIFEtool Solutions GmbH can either offer or deliver goods or services of equivalent quality and price or from Withdraw from the contract. The offer of a replacement delivery or a withdrawal is made immediately, at the latest within three working days after receipt of the customer offer. LIFEtool Solutions GmbH will reimburse payments already received immediately after LIFEtool Solutions GmbH or the customer withdraws from the contract.
5.1 The delivery of the goods takes place at the expense and risk of the customer from the loading ramp, initial shipment.
6.1 If LIFEtool Solutions GmbH should make an error or an incompleteness in product information or prices, we reserve the right to correct it. In such a case, LIFEtool Solutions GmbH will inform the customer about the new information immediately after recognizing the error or the change. The customer can then either confirm the order again or LIFEtool Solutions GmbH can withdraw from the contract.
6.2 All prices on our website include VAT. Their prices do not include the sales tax applicable at the time of invoicing.
6.3 On the invoice, in addition to the net price for the goods, the prices for additional services are shown: packaging, shipping, insurance, the sales tax applicable at the time of invoicing, etc.
6.4 The prices stated on the homepage are only valid for orders in e-commerce.
6.5 For technical reasons it is possible that the prices shown in the product catalog differ from the prices shown on the homepage. The shopping cart on the homepage shows the binding price.
7. Payment method
In principle, the goods ordered are shipped by invoice with a payment slip and optionally by cash on delivery or by direct debit.
8. Retention of title
LIFEtool Solutions GmbH retains ownership of all goods that are delivered to a customer until the goods delivered have been paid for in full and in full. 10% interest on arrears from the due date apply as agreed. Insofar as LIFEtool Solutions GmbH exchanges goods as part of the warranty, it is already agreed today that ownership of the exchanged goods is mutually transferred from the customer to LIFEtool Solutions GmbH or vice versa at the time when LIFEtool Solutions GmbH sends the goods back from the customer or the customer receives the replacement delivery from LIFEtool Solutions GmbH.
9.1 LIFEtool Solutions GmbH guarantees that the products are free from defects at the time of shipment that negate or reduce their value or their suitability for normal use. An insignificant reduction in value or suitability is disregarded.
9.2 In addition, the customer has potential claims from guarantee declarations from the manufacturers of many technical products that are attached to the products. The customer must check the goods for completeness or any defects immediately after receipt of the delivery, at the latest within one week of receipt, and in the event of a discrepancy will send a notice of defects immediately. In the case of hidden defects, notification must be made immediately after the hidden defect has been discovered within the warranty period.
9.3 Duration of the guarantee: 24 months from dispatch.
9.4 In the event of incomplete delivery, LIFEtool Solutions GmbH will deliver immediately. In addition, LIFEtool Solutions GmbH initially has the right to either repair the defective goods or make a replacement delivery. If the repairs are repeatedly unsuccessful or if no satisfactory replacement delivery is made repeatedly, the customer is entitled either to reduce the purchase price or to withdraw from the contract (rescission).
9.5 LIFEtool Solutions GmbH is liable for warranted properties, insofar as these are expressly marked as warranted or as a guarantee either in the catalog or on the homepage.
9.6 LIFEtool Solutions GmbH assumes a guarantee for individually ordered goods, but not for items as a whole, unless expressly agreed.
9.7 A guarantee cannot be given for defects that can be traced back to improper use or above-average stress on the goods on the part of the customer, nor for parts subject to wear and tear.
10.1 LIFEtool Solutions GmbH is only liable in the event of a positive breach of contract, default, impossibility, tort or other legal grounds in the event of willful intent and gross negligence. The same applies to consequential damage caused by a defect. Indirect damage (third party damage) is generally excluded.
10.2 In the event of data loss, LIFEtool Solutions GmbH is only liable if the customer has regularly and verifiably backed up the data at least once a day. Otherwise - with the exception of intent or gross negligence - liability is excluded.
10.3 Neither data processing systems nor computer software always work flawlessly according to the current state of the art. Accordingly, LIFEtool Solutions GmbH cannot technically ensure that online trading is always error-free. In addition, there are the imponderables of the Internet itself. LIFEtool Solutions GmbH is therefore not liable for damage that is based on the fact that, as a result of technical defects, purchase offers made by customers are not received by LIFEtool Solutions GmbH or are not considered there. Any intent on the part of LIFEtool Solutions GmbH is excluded from this.
10.4 The scope of liability of LIFEtool Solutions GmbH under the Product Liability Act remains unaffected.
10.5 The above regulations reflect the full scope of liability of LIFEtool Solutions GmbH, its management and its employees. Any further liability is excluded.
11. Data protection
LIFEtool Solutions GmbH guarantees that the customer data arising from orders is only collected, processed, stored and used for internal market research or for our own marketing purposes in connection with the processing of the order. LIFEtool Solutions GmbH will only pass on customer data to affiliated companies for order processing. If the customer does not want the data to be used by LIFEtool Solutions GmbH for internal purposes, the customer is entitled to object to this use at any time by sending an email to firstname.lastname@example.org with such content.
11.1 LIFEtool Solutions GmbH will not use or pass on customer data beyond the scope regulated in Section 11.
12. Choice of Law
12.1 Austrian law applies to the legal relationships between LIFEtool Solutions GmbH and customers as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1988 is therefore excluded.
12.2 The provisions of section 12.1 do not affect the mandatory provisions of the law of the country in which the customer has his habitual residence if and to the extent that the customer has concluded a purchase contract that cannot be attributed to the professional or commercial activity of the customer (consumer contract) and if the customer has carried out the legal acts necessary to conclude the purchase contract in the state of his habitual residence.
13.1 The customer has no right to offset or withhold payment, unless the claim is undisputed or has been legally established by a court. The rights of the customer according to § 1052 ABGB remain unaffected.
13.2 The place of performance for payments is the registered office of LIFEtool Solutions GmbH. For deliveries, the place of performance is either LIFEtool Solutions GmbH or the shipping location of the first sender who works for LIFEtool Solutions GmbH.
13.3 Should individual provisions of this contract not be legally effective in whole or in part or lose their legal effectiveness later, this shall not affect the validity of the rest of the contract. In this case, the parties undertake to replace the ineffective regulation with an effective regulation which, as far as legally possible, comes closest to the economic purpose pursued by the ineffective regulation, taking into account the interests of the parties expressed in this contract. The same applies if the contract shows a loophole not foreseen by the parties.
13.4 The exclusive place of jurisdiction is Linz or another legal place of jurisdiction at the option of LIFEtool Solutions GmbH, provided the customer is a merchant within the meaning of the HGB or a corporation under public law.