General Terms and Conditions

Scope

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

Prices and Shipping Costs

The prices indicated are final prices excluding sales tax. The amount valid at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method, size, and weight of the goods you ordered.

Payment

Payment is due upon delivery by means of

– Prepayment

– Invoice

– PayPal

Late Payment

If you are in default of payment, Langer GmbH is entitled to demand default interest at a rate of 5 percentage points above the base interest rate announced by the Austrian Central Bank for the time of the order p.a. If Langer GmbH has demonstrably incurred higher damages caused by default, Langer GmbH is entitled to assert these.

Right of Retention

The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, Langer GmbH's obligation to perform is excluded. Langer GmbH will immediately reimburse any amounts already paid.

(3) Langer GmbH may also refuse performance if this requires an effort that, considering the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Langer GmbH will immediately reimburse any amounts already paid.

(4) Bulky goods (packages with a volume larger than 1 cubic meter) are usually delivered by a forwarding agency. Langer GmbH expressly points out that these goods are not carried into the house.

Favorable 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 its functionality.

(2) Please use the fully franked and addressed return label enclosed with the delivery for the return. 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 obliged to pay us the increased costs compared to a cheaper shipping method.

Retention of Title

The delivered goods remain the property of Langer GmbH until all claims against the customer arising from the purchase contract have been fully settled. 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.

Defect Rights

(1) Langer GmbH will, at its own expense, replace a product that was already defective at the time of delivery (warranty case) with a defect-free product or have it professionally repaired (subsequent performance), at the customer's discretion. The customer is advised that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in particular in the following cases:

1. in the event of damages incurred by the customer due to misuse or improper handling,
2. in the event of damages resulting from the products being exposed to harmful external influences at the customer's location (especially extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Langer GmbH. also provides no warranty for defects that arise due to improper repairs by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance (replacement or repair) requested by the customer requires an effort that, considering the product price and in accordance with the contract's content and the principles of good faith, is grossly disproportionate to the customer's interest in performance – whereby, in particular, the value of the object of purchase in a defect-free condition, the significance of the defect, and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer's claim is limited to the respective other type of supplementary performance. Langer GmbH.'s right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) In the case of repair as well as in the case of replacement, the customer is obligated to send the product to the return address specified by Langer GmbH. at Langer GmbH.'s expense, stating the order number. Before sending the product, the customer must remove any objects they inserted into the product. Langer GmbH. is not obligated to inspect the product for the installation of such objects. Langer GmbH. is not liable for the loss of such objects, unless it was readily apparent to Langer GmbH. upon return of the product that such an object had been inserted into the product (in this case, Langer GmbH. will inform the customer and hold the object ready for collection by the customer; the customer shall bear the costs incurred). Furthermore, before sending a product for repair or replacement, the customer must create separate backup copies of the system software, applications, and all data located on the product on a separate data carrier, and deactivate all passwords. No liability is assumed for data loss. Likewise, it is the customer's responsibility, after the repaired product or the replacement product has been returned to them, to install the software and data and reactivate the passwords.

(5) If the customer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits they derived. The customer must provide 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 not caused by the defect, during the period between delivery of the goods and return of the goods. The customer does not have to provide compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to provide compensation is also waived for 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 modification,
2. if Langer GmbH. is responsible for the deterioration or loss, or if the damage would have occurred at Langer GmbH. even if the delivery had been on time,
3. if the deterioration or loss occurred at the customer's location, even though the customer exercised the diligence that they usually apply in their own affairs.

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

(7) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if the repair or replacement has not led to a condition of the product in accordance with the contract within a reasonable period.

(8) In addition, claims against the manufacturer may also exist under a guarantee granted by the manufacturer, which are governed by the corresponding guarantee conditions.

(9) The statutory warranty provided by Langer GmbH. ends two years after delivery of the goods. The period begins upon receipt of the goods.

Liability

(1) In cases of slight negligence, Langer GmbH. is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, body, or health. Langer GmbH. is not liable for other damages 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 from the assumption of a guarantee. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by Langer GmbH.

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

(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 exclusively subject to Austrian law, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence remain unaffected.

Place of Jurisdiction

If, contrary to your statements when placing the order, you do not have a residence in Austria, or if you move your residence abroad after the conclusion of the contract, or if your residence is unknown at the time the lawsuit is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the Regional Court of Steyr.

Dispute Resolution

General information obligations regarding alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become wholly or partly ineffective or void, this shall not affect the validity of the remaining provisions of the contract, provided that this does not unreasonably disadvantage a contracting party.

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