General Terms and Conditions of Sale

scope of application

Orders must be placed on the order pages accessible via the business customer login "Partner Area."

Prices and shipping costs

The prices shown are final prices excluding sales tax. The amount stated at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the goods you have ordered.

payment

Payment is made upon delivery by means of

– Advance payment

– Invoice

– PayPal

late payment

If you are in default of payment, Langer GmbH is entitled to charge default interest at a rate of 5 percentage points above the base rate p.a. announced by the Austrian Central Bank at the time of the order. If Langer GmbH can prove that it has incurred higher damages due to the default, Langer GmbH is entitled to claim these.

right of retention

The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

delivery

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

(3) Langer GmbH may also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Amounts already paid will be refunded by Langer GmbH without delay.

(4) Bulky goods (packages with a volume greater than 1 cubic meter) are usually delivered by a freight forwarder. Langer GmbH expressly points out that these goods will not be carried into the house.

Cheap shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by opening it to test the functionality.

(2) Please use the prepaid return label enclosed with the delivery of goods to return the goods. This is the simplest and most cost-effective shipping option. You are not obliged to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the difference between the cost of the cheaper shipping method and the cost of the more expensive shipping method.

retention of title

Until all claims against the customer arising from the purchase contract have been settled in full, the delivered goods remain the property of Langer GmbH. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually grant third parties any use of the goods.

warranty rights

(1) A product that is already defective upon delivery (warranty claim) will be replaced by Langer GmbH with a defect-free product or professionally repaired (subsequent performance) at the customer's discretion and at Langer GmbH's expense. The customer is advised that no warranty claim exists if the product had the agreed quality at the time of transfer of risk. In particular, a warranty claim does not exist in the following cases:

1. for damage caused by the customer through 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, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Langer GmbH. also accepts no liability for faults caused by improper repairs carried out by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that, in view of the product price, taking into account the content of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in performance—whereby, in particular, 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 resorted to without significant disadvantages for the customer – the customer's claim shall be limited to the other type of subsequent performance. The right of Langer GmbH to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of repair or replacement, the customer is obliged to send the product to the return address specified by Langer GmbH at Langer GmbH's expense, quoting the order number. Before sending the product, the customer must remove any items they have inserted into the product. Langer GmbH is not obliged to inspect the product for the installation of such items. Langer GmbH is not liable for the loss of such items, unless it was readily apparent to Langer GmbH upon return of the product that such an item had been inserted into the product (in this case, Langer GmbH will inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs incurred). Before sending a product in for repair or replacement, the customer must also make separate backup copies of the system software, applications, and all data on the product on a separate data carrier and deactivate all passwords. No liability is accepted for data loss. It is also 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 sends in the goods in order to receive a replacement product, 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, they shall reimburse the value of the use they made of the goods. The customer shall pay compensation for any loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods in the period between delivery and return of the goods not caused by the defect. The customer shall not be required to pay compensation for any deterioration of the goods resulting from their intended use. The obligation to pay compensation for lost value shall also not apply to the return of a defective product in the event of a warranty claim.

1. if the defect entitling the customer to withdraw from the contract only became apparent during processing or alteration,
2. if Langer GmbH is responsible for the deterioration or loss, or if the damage would also have occurred at Langer GmbH,
3. if the deterioration or loss occurred at the customer's premises, even though the customer exercised the same care that he would apply in his own affairs.

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

(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a condition that complies with the contract within a reasonable period of time.

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

(9) The statutory warranty provided by Langer GmbH 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 only be liable for breaches of material contractual obligations and limited to foreseeable damage. This limitation shall not apply in cases of injury to life, limb, or health. Langer GmbH shall not be liable for other damage caused by slight negligence due to a defect in the purchased item.

(2) Regardless of any fault on the part of Langer GmbH, Langer GmbH's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's warranty is a warranty provided by the manufacturer and does not constitute the assumption of a warranty by Langer GmbH.

(3) Langer GmbH. shall also be liable for any accidental impossibility of delivery during its delay, unless the damage would also have occurred in the event of timely delivery.

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

Applicable law

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

jurisdiction

If, contrary to the information provided in your order, you are not resident in Austria, or if you move your place of residence abroad after conclusion of the contract, or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be LG Steyr.

dispute resolution

General information requirements regarding alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

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

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, provided that this does not unreasonably disadvantage one of the contracting parties.

(2) Amendments or additions to this contract must be made in writing.