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Immagine 23-09-21 alle 15.08.jpg

GENERAL TERMS & CONDITIONS

 

 

General Terms and Conditions of Florentina Leitner, Einzelunternehmen

Valid from 8th of June 2022

Provider: Florentina Leitner,

Registered company address: Technikerstraße 34, 2340 Mödling, Austria

Return Address: Boudewijnsstraat 103, Antwerpen 2018, Belgium

Tel: +32 468 17 85 96

e-mail: info@florentinaleitner.com

Responsible chamber: Wirtschaftskammer Niederösterreich


 

  1. Scope of Contract

 

1.1. The following general terms and conditions (GTC) apply to all business relationships between Florentina Leitner and the customer for transactions made in the WEBSHOP. The web shop is aimed at customers worldwide. The version valid at the time the contract is concluded is decisive. These GTC apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These terms and conditions also apply to future orders from the customer, even if they are not expressly agreed again.

1.2. Customers within the meaning of these General Terms and Conditions are consumers. If consumers are mentioned in these general terms and conditions, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction is not part of the operation of their company. The demarcation between consumers and companies is made in accordance with the Austrian Consumer Protection Act (KSchG).


 

2. Conclusion of the Contract

 

2.1. All offers from Florentina Leitner are non-binding; in particular, the presentation of the goods in the web shop does not constitute a binding offer from Florentina Leitner; they are merely an invitation to submit an offer. Illustrations, drawings are only approximate values, unless they have been specified as an expressly binding fixed value for the respective product. The customer accepts minor and objectively justified changes.

 

2.2.The order is made in the following steps:

  • Selection of the desired goods

  • Entry of personal data for the order in the web shop (first name, last name, street, house number, postal code, city, country, e-mail address).

  • Display of the pre-contractual information for consumers (§ 8 Para. 1 and 2 KSchG), if they are not already visible in the product.

  • Choice of shipping method and method of payment

  • Checking the information in the shopping cart

  • Confirmation by clicking the button "Order with obligation to pay"

2.3. By ordering in the web shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the order, the customer accepts the pre-contractual information for consumers and the general terms and conditions as solely relevant for the legal relationship with Florentina Leitner.

 

2.4. Florentina Leitner will immediately confirm receipt of the customer's order. This confirmation only serves the customer as proof of the successful receipt of the order and does not constitute acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if Florentina Leitner expressly declares this in writing.

 

2.5. Florentina Leitner is entitled to accept the contract offer contained in the order within three working days of receipt by Florentina Leitner. This acceptance takes place through the transmission of a written order confirmation. If Florentina Leitner does not send an order confirmation to the customer within the deadlines specified above, the customer's commitment period has expired and the purchase contract has not been concluded.Florentina Leitner is entitled to refuse to accept the order – for example after checking the customer's creditworthiness.

 

2.6. The text of the contract is saved by Florentina Leitner and sent to the customer by e-mail after the contract has been concluded, together with the legally effective general terms and conditions.
 

 

3. Right of Withdrawal of the consumer according to FAGG (Fern- und Auswärtsgeschäfte-Gesetz)

 

3.1. You have the right to withdraw from this contract within fourteen days without giving a reason.

 

3.2. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a contract for several goods ordered in a single order but delivered separately or ordered in several orders and delivered together, from the day on which you or a third party designated by you, who is not the carrier, delivered the last goods took possession.

 

3.3. In order to exercise your right of withdrawal, you must inform us (Florentina Leitner) of your decision to withdraw from this contract by means of a clear statement (e.g. email to assistantflorentinaleitner@gmail.com). You can use the attached sample withdrawal form for this however, is not mandatory.

 

3.4. In order to meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of your right of cancellation before the cancellation period has expired.

3.5. If you withdraw from this contract,

  • we have to repay the purchase price of the item or items you ordered - excluding the delivery costs and the customs duties - immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

  • You must send back or hand over the unused goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

  • You will bear the shipping costs both ways, i.e. both shipping the items to you and shipping in the event of a return due to your withdrawal from the contract. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

  • If you had to pay customs duties upon receiving the goods ordered, you are responsible to ensure that the customs duties paid on import are reimbursed to you, by indicating when posting the goods for return that an order is being returned. You must take all necessary steps to ensure that you do not have to pay customs duties again on the return and that you are reimbursed for the customs duties paid on importation. If you are unsuccessful in doing so, you must pay for the damage incurred yourself. Florentina Leitner does not pay any customs fees.

  • You must provide Florentina Leitner with the tracking number of the return shipping of the goods. 

3.6. ​The return address is

Florentina Leitner

Boudewijnsstraat 103

Antwerpen 2018

Belgium


3.6.The right of withdrawal does not apply to the delivery of

  • The right of withdrawal does not apply to the delivery of goods made to customer specifications or clearly tailored to personal needs;

  • Goods that can spoil quickly or whose use-by date would soon be exceeded

  • Goods that are not suitable for return for reasons of hygiene and health protection if they are delivered sealed and the customer removes the seal (e.g. underwear or swimwear),

  • Goods which, due to their nature, were inseparably mixed with other goods after delivery.

3.7. Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back to us by email (to info@florentinaleitner.com) or by post (to Boudewijnsstraat 103, Antwerpen 2018, Belgium). All fields marked with an asterisk* have to be filled in. 

--------------------------------------------------------------------------------------

To
Florentina Leitner

 

 

I/we (please tick as appropriate) hereby declare withdrawal from the contract concluded by me/us (please tick as appropriate) for the purchase of

 

the following goods*:..............................................................................


 

Ordered on* …………………………, received on*……………………………..

Name of the Cosumer*: ……………………………………………………………

Address of the Consumer*:................................................................................

Signature of the Consumer (only if notified on paper) 


 

………………………………………………………………

 

Date*: ……………………............. 

---------------------------------------------------------------------------------------------------------------------------

End of Information about Right of Withdrawal

4. Other withdrawal from contract

4.1. Florentina Leitner’s Right of Withdrawal

Florentina Leitner is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, Florentina Leitner is entitled to breach an obligation according to 8.3. to withdraw from the contract and to demand the return of the goods if Florentina Leitner can no longer be expected to adhere to the contract.

This rescission is without prejudice to Florentina Leitner's claim for damages due to non-performance. In addition, the customer owes Florentina Leitner an appropriate fee for the use of the goods. In the event of withdrawal from the contract according to 4.1., Florentina Leitner has the choice of requesting a flat-rate compensation of 15% of the invoice amount or the damage actually incurred.

4.2. Unjustified cancellation by the customer

If the customer withdraws from the contract without being entitled to do so or if he requests its cancellation, Florentina Leitner has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract. In the latter case, the customer is obliged, at Florentina Leitner's option, to request either a flat-rate compensation of 15% of the invoice amount or the damage actually incurred.

4.3. Returns

If the contract is withdrawn in accordance with point 4 (by mutual agreement or otherwise justified), the customer must return the goods that have already been delivered to Florentina Leitner immediately, but no later than 5 working days after withdrawal from the contract, at their own risk and expense.

The return address is

 

Florentina Leitner

Boudewijnsstraat 103

Antwerpen 2018

Belgium


 

5. Prices and terms of payment

 

5.1. The prices offered are daily prices and apply until revoked. Austrian sales tax is included in the price. Despite our best efforts, a few products in the web shop or catalog may be incorrectly priced. When processing the order, the prices are also checked. If there is an error in the pricing and the correct price is higher than the price on the website, the customer will be contacted before the order is confirmed and before the goods are shipped whether they wish to purchase the product at the correct price or cancel. If the correct price of the goods is lower than that stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.

 

5.2. Costs for packaging and shipping are invoiced separately in the form of a flat rate and shown as a separate item in the order. These are deemed to have been approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always decisive. 

 

5.3. Customs fees for shipping orders to countries outside the European Union are fully borne by the customer. If the customer exercises his right of withdrawal according to point 3 (CONSUMER'S RIGHT OF WITHDRAWAL ACCORDING TO FAGG) and sends the goods back to Florentina Leitner, he must ensure that the customs duties paid on import are reimbursed to him, by indicating when posting the goods for return that an order is being returned. The customer must take all necessary steps to ensure that he does not have to pay customs duties again on the return and also to be reimbursed for the customs duties paid on importation. If the customer is unsuccessful, he must pay for the damage incurred himself. Florentina Leitner does not pay any customs fees.

 

5.4. The customer can pay the price using the forms of payment offered in the online shop. Florentina Leitner reserves the right to exclude individual payment methods after a credit check. 

 

5.5. In the event of late payment, Florentina Leitner is entitled to charge 5% interest on arrears p.a., but in any case the statutory interest on arrears. We reserve the right to assert further damages.

 

5.6. If the customer does not pay the amount owed after setting a reasonable grace period, Florentina Leitner has the right to withdraw from the contract and/or to demand damages instead of performance.

 

5.7. The customer undertakes to bear all necessary costs associated with the collection of the claim for which he is responsible for appropriate out-of-court debt enforcement and collection measures, insofar as these are in reasonable proportion to the claim being pursued.

 

5.8. If the customer is in arrears, incoming payments will first be credited against the costs incurred by the collection of extrajudicial, including debt collection and legal dunning and judicial nature, against the interest accrued so far, and only then against the capital. If the customer has several obligations towards Florentina Leitner, the incoming payments will be offset against those arrears that have been outstanding the longest in the manner described above.

6. Delivery

6.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer in accordance with the delivery conditions.

 

6.2. If Florentina Leitner exceeds a delivery period of 30 days, the customer can set a reasonable grace period in writing and withdraw from the contract if this is exceeded.

 

6.3. The occurrence of events for which Florentina Leitner is not responsible, such as force majeure, strikes, lockouts, production stoppages at the sub-suppliers or the like, delay the expiration of delivery periods for the duration of this event. If the delivery becomes impossible or unreasonable for Florentina Leitner due to the circumstances mentioned, Florentina Leiter is released from the delivery obligation in the sense of a mutual contract termination without the customer being able to derive any claims against Florentina Leitner, for whatever legal reason. Florentina Leitner will inform the customer of this immediately. If the delay in delivery lasts longer than four weeks, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence on the part of Florentina Leitner, or other claims.
 

​7. Transfer of Risk

 

7.1. In the case of the customer, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery, but in the case of mail-order sales only upon delivery of the goods to the customer or to a third party designated by the customer who is different from the carrier.

 

7.2. It counts as delivery / handover, if the customer is in arrears with the reception of the delivery. 

 

8. Retention of the property title 

 

8.1. The delivered goods remain the unrestricted property of Florentina Leitner until full payment (including interest, expenses and costs). The customer undertakes to keep the object of purchase free of third-party rights until full payment has been made, in particular not to resell or pledge the object of purchase or give it to third parties as security.

 

8.2. The customer is not permitted to treat or process the goods during the retention of title.

 

8.3. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense. The customer must inform Florentina Leitner immediately in writing of any access by third parties to the reserved goods, in particular of enforcement measures, as well as any damage or destruction of the reserved goods. The customer must notify us immediately of any change in ownership of the reserved goods and the specified change of address. The customer has to compensate Florentina Leitner for all damages and costs caused by a breach of the obligations and by necessary intervention measures against access by third parties to the goods.

 

8.4. Florentina Leitner is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, Florentina Leitner is entitled to breach an obligation according to 8.3. to withdraw from the contract and to demand the return of the goods if Florentina Leitner can no longer be expected to adhere to the contract. This withdrawal is without prejudice to Florentina Leitner's claim for damages due to non-performance. In addition, the customer owes Florentina Leitner an appropriate fee for the use of the goods.

 

8.5. As long as the goods have not been paid for in full, rights and obligations arising from the purchase contract may not be transferred by the customer to third parties without the express written consent of Florentina Leitner.

 

9. Austrian Defects liability / Statutory Warranty (Gewährleistung)

 

9.1. Florentina Leitner provides a warranty within the framework of the Austrian statutory warranty laws (called Gewährleistung). 

 

9.2. Florentina Leitner does not give any guarantee to the customer in the legal sense.


 

10. Limitations of Liability

 

10.1. Claims for damages are limited to damages caused intentionally or through gross negligence by Florentina Leitner. Claims for damages in the event of slight negligence are excluded.

 

10.2. Florentina Leitner is only liable for her own content on the website of her online shop. Insofar as links allow access to other websites, Florentina Leitner is not responsible for the external content contained there. Florentina Leitner does not adopt the external content as her own.

 

11. Copyright, change of address

 

11.1. Designs and drafts remain the intellectual property of Florentina Leitner, as do samples, catalogues, brochures, illustrations and the like; the customer does not receive any rights of use or exploitation whatsoever.

 

11.2. The customer is obliged to notify Florentina Leitner of any changes to his residential address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.

 

12. Applicable Law

12.1. If Austrian law does not apply anyway due to the orientation of this web shop to Austria, the applicability of Austrian law shall apply exclusively, to the exclusion of the UN Sales Convention.

12.2. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


 

13. Final Clause

 

13.1. The contract language is English or - if the consumer prefers - German. 

13.2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.