General Terms and Conditions of Sale
Scope of application
Orders must be placed on the "Partner area" order pages accessible via the business customer login.
Prices and shipping costs
The prices shown are final prices excluding VAT. The amount shown 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 item(s) you have ordered.
Payment is made upon delivery by means of
Default of payment
If you are in default of payment, Langer GmbH. shall be entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Austrian Central Bank for the time of the order. If Langer GmbH. has demonstrably incurred a higher damage caused by default, Langer GmbH. shall be entitled to claim this.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(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 the delivery or any other service permanently impossible, Langer GmbH. shall have no obligation to perform. Any amounts already paid shall be reimbursed by Langer GmbH. without delay.
(3) Langer GmbH. may also refuse performance if this requires an effort that is grossly disproportionate to the Customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Langer GmbH. shall immediately reimburse any amounts already paid.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. 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 being opened for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery to return the goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. 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 shall remain the property of Langer GmbH until all claims against the Customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the Customer may neither resell the goods nor dispose of the goods; in particular, the Customer may not contractually grant third parties any use of the goods.
(1) Langer GmbH. shall, at the Customer's discretion and at Langer GmbH's expense, replace a defective product (warranty case) with a defect-free product or have it professionally repaired (subsequent performance). The Customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. In particular, a warranty case does not exist in the following cases:
- in the event of damage caused to the customer through misuse or improper use,
- in the event of damage caused by the products being exposed to harmful external influences on the customer's premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Langer GmbH. shall not be liable for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the Customer (replacement delivery or repair) requires an effort which, in view of the product price, is grossly disproportionate to the Customer's interest in performance, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in 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 must be taken into account - the Customer's claim shall be 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 shall remain unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the Customer shall be obliged to send the product to the return address specified by Langer GmbH at Langer GmbH's expense, stating the order number. Before returning the product, the Customer must remove any objects inserted by it from the product. Langer GmbH. is not obliged to inspect the product for the installation of such objects. Langer GmbH. shall not be 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. shall inform the Customer and hold the object ready for collection by the Customer; the Customer shall bear the costs incurred). Before sending a product 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 loss of data. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned.
(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, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation shall not apply to the return of a defective product in the event of a warranty claim,
- if the defect justifying withdrawal only became apparent during processing or transformation,
- if Langer GmbH. is responsible for the deterioration or loss or if the damage would also have occurred at Langer GmbH,
- if the deterioration or loss has occurred at the customer's premises, even though the customer has exercised the care that he is used to exercising 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 led to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.
(9) Langer GmbH's statutory warranty period shall end two years after delivery of the goods. The period shall commence upon receipt of the goods.
(1) In the event of slight negligence, Langer GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Langer GmbH shall not be liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of Langer GmbH., any liability of Langer GmbH. in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute the assumption of a guarantee by Langer GmbH.
(3) Langer GmbH. shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Langer GmbH for damage caused by them through slight negligence shall be excluded.
The contract concluded between you and Langer GmbH shall be governed exclusively by Austrian law to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence shall remain unaffected.
Place of jurisdiction
If, contrary to your statements when placing the order, you do not have a place of residence in Austria or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Steyr Regional Court.
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find 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.
(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 remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.