General Terms and Conditions of Sale

Scope

Orders must be placed on the "Partner Area" order pages, which can be accessed via the business customer login.

Prices and Shipping Costs

The listed prices are final prices, excluding sales tax. The amount shown at the time of your binding order applies. Shipping costs will be added, which depend on the shipping method and the size and weight of the item(s) you have ordered.

Payment

Payment is due upon delivery via

– Prepayment

– Invoice

– PayPal

Late payment

If you are late in making payment, Langer GmbH is entitled to charge late payment interest at a rate of 5 percentage points above the base interest rate per annum announced by the Austrian Central Bank at the time of the order. If Langer GmbH can demonstrate that it has incurred higher damages as a result of the delay, Langer GmbH is entitled to claim such damages.

Right of retention

The customer is authorized to exercise a right of retention only to the extent that his counterclaim arises from the same contractual relationship.

Delivery

(1) Delivery will be made to the shipping address provided by the customer.
(2) If force majeure (natural disasters, war, civil war, terrorist attacks) makes delivery or the provision of any other service permanently impossible, Langer GmbH shall be released from its obligation to perform. Any amounts already paid will be refunded by Langer GmbH without delay.

(3) Langer GmbH may also refuse to perform the service if doing so would entail an effort that, in light of the terms of the sales contract and the principles of good faith, is grossly disproportionate to the customer’s interest in the fulfillment of the sales contract. Any amounts already paid will be refunded by Langer GmbH without delay.

(4) Bulky items (packages larger than 1 square meter) are generally delivered by a freight carrier. Langer GmbH expressly notes that these items will not be carried into the building.

Most affordable shipping option for returns

(1) When returning the merchandise and accessories, please use the original packaging whenever possible, even if it has been damaged by being opened for a functional test.

(2) Please use the prepaid and pre-addressed return label included with your shipment to return the item. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to reimburse us for the additional costs incurred compared to a more economical shipping method.

Retention of title

The delivered goods remain the property of Langer GmbH until all claims against the customer arising from the purchase agreement have been settled in full. As long as this retention of title remains in effect, the customer may neither resell the goods nor dispose of them; in particular, the customer may not grant third parties any contractual right to use the goods.

Rights in the event of defects

(1) If a product is defective upon delivery (warranty claim), Langer GmbH will, at the customer’s discretion and at Langer GmbH’s expense, either replace it with a defect-free product or have it repaired in a workmanlike manner (subsequent performance). The customer is advised that no warranty claim exists if the product met the agreed specifications at the time of transfer of risk. In particular, a warranty claim does not exist in the following cases:

1. in the event of damage caused to the customer by misuse or improper use,
2. for damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, or fire).

(2) Langer GmbH also assumes no liability for defects resulting from improper repairs performed by a service provider not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement or repair) involves an expense that, in light of the product price and taking into account the terms of the contract and the principles of good faith, is grossly disproportionate to the customer’s interest in the performance—whereby particular consideration must be given to the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be provided without significant disadvantages for the customer—the customer’s claim is limited to the other type of subsequent performance. Langer GmbH’s right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of either a repair or a replacement shipment, the customer is obligated to return the product at Langer GmbH’s expense to the return address provided by Langer GmbH, specifying the order number. Before returning the product, the customer must remove any items inserted into the product by the customer. Langer GmbH is not obligated to inspect the product for the presence of such items. Langer GmbH is not liable for the loss of such items, unless it was immediately apparent to Langer GmbH upon receipt of the product that such an item had been inserted into the product (in which case Langer GmbH will inform the customer and hold the item ready for the customer to pick up; the customer bears the costs incurred in doing so). Furthermore, before sending a product in for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications, and all data on the product onto a separate storage medium and deactivate all passwords. No liability is assumed for data loss. Likewise, it is the customer’s responsibility to install the software and data and reactivate the passwords after the repaired product or replacement product has been returned to them.

(5) If the customer returns the goods to receive a replacement, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer must reimburse the value of the benefits derived therefrom. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect, as well as for any inability to return the goods not caused by the defect, during the period between delivery and return of the goods. The customer is not required to pay compensation for any deterioration of the goods resulting from their intended use. Furthermore, the obligation to pay compensation for loss of value does not apply to the return of a defective product in a warranty case,

1. if the defect justifying withdrawal became apparent only during processing or alteration,
2. if Langer GmbH is responsible for the deterioration or loss, or if the damage would have occurred even at Langer GmbH,
3. if the deterioration or loss occurred at the customer’s premises even though the customer exercised the same degree of care that he or she would normally exercise in his or her own affairs.

(6) The customer’s liability for damages in the event of a breach of the return obligation for which the customer is responsible shall be governed by the applicable statutory provisions.

(7) The customer may, at his or her discretion, rescind the contract or reduce the purchase price if the repair or replacement has not restored the product to a condition in accordance with the contract within a reasonable period of time.

(8) In addition, claims against the manufacturer may also arise under a warranty provided by the manufacturer, which is governed by the relevant warranty terms and conditions.

(9) Langer GmbH’s statutory warranty expires two years after delivery of the goods. The period begins upon receipt of the goods.

Liability

(1) In cases of slight negligence, Langer GmbH shall be liable only for breaches of material contractual obligations and only for foreseeable damages. This limitation does not apply to injury to life, limb, or health. Langer GmbH shall not be liable for any other damages caused by slight negligence resulting from a defect in the purchased item.

(2) Regardless of whether Langer GmbH is at fault, Langer GmbH’s liability remains unaffected in cases of fraudulent concealment of a defect or where Langer GmbH has assumed a warranty. The manufacturer’s warranty is a warranty provided by the manufacturer and does not constitute a warranty assumed by Langer GmbH.

(3) Langer GmbH is also liable for any impossibility of delivery arising by chance during its period of default, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of the legal representatives, agents, and employees of Langer GmbH for damages caused by their slight negligence is excluded.

Applicable Law

The contract concluded between you and Langer GmbH is governed exclusively by Austrian law, with the UN Convention on Contracts for the International Sale of Goods expressly excluded. This does not affect the mandatory provisions of the country in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not reside in Austria, or if you move your place of residence abroad after the contract is concluded, or if your place of residence is unknown at the time the lawsuit is filed, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Regional Court of Steyr.

Dispute resolution

General information requirements regarding alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation and Section 36 of the Consumer Dispute Resolution Act (VSBG):

The European Commission provides an online dispute resolution (ODR) platform, which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

(1) Should any provision of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that this does not unduly disadvantage either party.

(2) Any amendments or additions to this agreement must be made in writing.