This translation is only for information purposes only. Should any doubts arise as regards the interpretation of these general conditions of sale, the German text shall be authoritative and shall prevail in all respects.
The owner of this site is the Firma Michael Luschan, A-5340 St. Gilgen, Aberseestraße 10, for trade with consumers.
As of: O5/2008
§ 1 General Observations
These Terms and Conditions shall apply as the valid version at the time of ordering to all the merchandise supplied by, services delivered and offers made by Michael Luschan to its customers. Derogations are only effective if they are agreed in writing. These terms and conditions will also apply to future orders of the customer, even if they are not expressly agreed upon and the most up to date version of these terms and conditions shall apply. The customer can view, download or print out the valid version of the general terms and conditions for the website of the company of Michael Luschan at www.geschenktruhe.eu.
§ 2 Conclusion of a contract
2.1 The contracting parties are consumers and the company of Michael Luschan, A-5340 St. Gilgen, Aberseestraße 10. The contract, ordering and business language is German.
2.2 All items are offered subject to availability. The information displayed on the homepage of the company of Michael Luschan is considered as an invitation, not a confirmed offer for sale. Orders placed by customers shall be considered binding offers. Orders can be placed by completing and returning the online form, via email, telefax and or by post. The order placed by the customer is deemed valid as soon as it is accepted by the company of Michael Luschan.
2.3 The company of Michael Luschan shall have the right to accept this offer within 7 working days by sending out an order confirmation or the merchandise ordered. After this notice period has elapsed then the order is considered to be rejected. The delivery date is important so that the cancellation period is not exceeded. Order confirmations may also be sent by email.
§ 3 Nature of the goods
The underlying the nature of the contract for the sale of goods lies exclusively in the manufacturer's specifications. Deviations require written agreement.
§ 4 Prices and Payment conditions
4.1 The given prices are inclusive of VAT. Postage and packaging costs will be listed separately on the invoice.
4.2 The prices stated at the time of ordering are the valid prices. When the Internet site of the company of Michael Luschan is updated then all previous prices and information will be superseded.Additional charges are made for postage, packing and insurance. For further details please see the delivery charges page on this web site.
4.3 Payment should be made in advance per bank transfer. Please see the section “Delivery Charges” page on this website for more information.
§ 5 Withdrawal from contract
5.1 The Customer has the right to revoke their contractual agreement in writing within 14 days of placing the order without givinga reason, (e.g. by letter, e-mail or fax) or by returning the goods as long as the goods are unused and the packaging is in a re-saleable condition. The withdrawal period begins with the delivery of the goods to the customer.In order to safeguard the withdrawal period the sending the withdrawal from contract or the goods is sufficient.
5.2 Order cancellations should be sent in writing to:
A-5340 St. Gilgen, Aberseestraße 10
Fax: +43 6227 20388
Goods should be returned to the following address:
5340 St. Gilgen, Aberseestraße 10, Austria
5.3 The right to withdraw does not apply to
- Contracts for the delivery of goods which have been made according to the customer’s own specifications or have clearly been made according to the personal needs of the customer.
- For goods, which due to their nature cannot be returned.
- In all other cases governed by law.
5.4 If a customer withdraws from his contract and the goods have already been delivered then they must return the goods at their own risk and expense within 14 days to the company of Michael Luschan.
The return address is:
Michael Luschan, 5340 St. Gilgen, Aberseestraße 10, Austria
The return of goods is at the customers own risk and cost. If it is impossible to return the goods then the customer must reimburse the company of Michael Luschan with the value of the goods. If the goods have been used then they also owe the company of Michael Luschan an adequate fee for the depreciation in value incurred through the use of the product. In the case of the cancellation of the contract the company of Michael Luschan will issue a full refund in exchange for the return of the goods.
§ 6 Delivery Conditions
6.1 Deliveries will be made to the address given by the customer. The risk associated with any product delivered by the seller to the buyer shall be transferred to the buyer as soon as the parcel is delivered to the customer by the postal or parcel service.
6.2 The given delivery times are unbinding unless they have been specifically described as binding in writing. In any case we will deliver within the legally stated period of 30 days.
6.3 All deliveries are subject to the provision that the goods ordered can themselves be supplied in due time to the company of Michael Luschan by the supplier. Should a customer order a product that, due to no fault of company of Michael Luschan, that is not available then the company of Michael Luschan will inform the customer directly. The buyer shall then have the right to rescind the contract. If the buyer does not rescind the contract then the company of Michael Luschan may offer a similar product of the same price and quality or rescind the contract themselves. If the customer or the company of Michael Luschan rescinds the contract then the company of Michael Luschan will refund any monies paid immediately.
6.4 In the event that the company of Michael Luschan defaults on delivery or performance regardless of the grounds the customer has no claim to damages rooted in the seller’s liability. Further statutory rights of the customer remain unaffected. The customer also has the right to rescind the contract according to a reasonable notice period.
6.5 If the seller is unable to deliver any product to the customer by the agreed time of delivery for any reason of force majeure or any other event beyond the reasonable control of the company of Michael Luschan then the time available for the delivery of the product to the customer shall be reasonably extended. The customer shall also be informed directly. Should the causes of the delay last longer than 4 weeks then both parties have the right to rescind the contract?
§ 7 Retention of title
7.1 Ordered goods remain the property of the company of Michael Luschan until full payment has been made.
7.2 Goods must not be mortgaged or handed over to third parties as security, deposit, rent, pawn, re-modelling or offered for re-sale before transfer of title without the prior written consent of the company Michael Luschan.
§ 8 Damage in transit, inspection obligation and other obligations of the buyer
8.1 Should the goods are delivered with obvious damage to the packaging or contents then the customer is obliged tocomplain to the forwarding agent directly and refuse delivery. The customer should also inform the company of Michael Luschan without delay.
8.2 Latent defects should also be reported to company Michael Luschan as soon as they are discovered.
8.3 Fulfilment of duties under 8.1. and 8.2 have no influence on the guarantee claims of the customer.
§ 9 Warranty
9.1 The seller’s warranties with respect to product defects and defects of proprietary rights relating to the product shall be governed in accordance with the provisions of the law. As long variations in the law do not occur thereinafter. The warranty period ends 24 months after delivery.
9.2 The company of Michael Luschan is not liable for damage caused by improper or measures carried out which are contrary to contract during the mounting, installation, operation or storage of the goods. Improper measures and those contrary to contract are decided according to the information provided by the manufacturer.
§ 10 Liability
The company of Michael Luschan is only liable for damage to the goods themselves.More far-reaching claims, especially compensation claims due to consequential damage, are excluded. If important warranted characteristics, deliberate acts or acts of gross negligence are carried out by the company of Luschan then the above named limitation of liability does not apply. Liability for consequential harm caused by a defect is excluded. Indirect damages (third party damages) are also excluded.
§ 11 Contractual off-setting and retention ban
11.1 The buyer is not entitled to, set-off or omit their own due payments against the due payments of the Firma Michael Luschan, unless the buyer’s due payments are approved by the Firma Michael Luschan or they are legally binding or the buyer’s due payments have their cause in law in the same legal transaction as the due payments of Firma Michael Luschan or the Firma Michael Luschan is insolvent.
11.2 The buyer is not entitled to withhold payments from Firma Michael Luschan, unless the Firma Michael Luschan does not render the services provided or they are not rendered accordingly or the rendering of the services by the Firma Michael Luschan jeopardized by the poor financial circumstances of the Firma Michael Luschan.
§ 12 Data Protection
12.1 All data will be handled according to the provisions of the law. Customer information will only be used for contractual, delivery and bookkeeping purposes.
12.2 We will exclusively store, process and use customer data to the extent to which it is relevant for conducting business with you. Data will be forwarded if necessary to a contracting partner, as long as it is in connection with order transactions or for any other business connections between the customer and the company of Michael Luschan. The customer can oppose this execution of their data with the company of Michael Luschan due to the overwhelming breach of confidentiality interests, which are a result of a particular situation. All of our agents comply with the data protection act.
§ 13 Ineffective clauses
If one or more of these termsand conditions is ineffective it does not affect the validity of the entire contract. The ineffective clause shall be replaced by the respective legal provision.
§ 14 Court of Jurisdiction and Governing Law
14.1 The exclusive court of jurisdiction for all claims in connection with this website is Salzburg.
14.2 These terms and conditions and the contractual relationship shall be governed by Austrian consumer law and the United Nations Convention on Contracts for the International Sale of Goods shall not be applied.