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General Terms and Conditions (GTC) of the webshop of

LEKI-AUSTRIA Handels GmbH (hereinafter: "LEKI", "we" or "us"),
Wolfurterstraße 4, A-6923 Lauterach,
Phone: +43 (0) 5574 – 62060 - 0, Fax: +43 (0) 5574 – 62060 - 99, E-Mail: shop@leki.at

§ 1 Scope of application, general information

  1. These GTC apply to all goods offered by LEKI in the online shop "leki.com or leki.de".
  2. LEKI does not recognise any terms and conditions of the buyer that deviate from or conflict with these GTC.

§ 2 Prerequisites for the conclusion of a contract

LEKI only supplies buyers if they are based in the European Union or Switzerland and provide a delivery address within Germany, Austria or Italy.

§ 3 Conclusion of contract, information and notification

  1. The display of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the "Order subject to payment" button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent immediately by e-mail. This e-mail confirmation does not constitue acceptance of your order by LEKI. Acceptance and thus confirmation of the contract will be sent by a separate e-mail, which will also refer to the shipping details and the invoice.
  2. LEKI stores the text of the contract after conclusion of the contract for its own purposes. If you have registered with us for order processing, you can view the contracts you have concluded in the order history after entering your username and password in your customer account, even after conclusion of the contract. This is a free additional service which we reserve the right to discontinue. Furthermore, this possibility of inspection does not exist if you order from us as a "guest" without creating a user account. However, we will in all cases send you a confirmation of receipt with the content of the conclusion of the contract by e-mail for online orders.
  3. The buyer can identify and correct input errors before the final submission of an offer by checking the offer on a separate confirmation page.
  4. The language available for the conclusion of the contract is english.
  5. LEKI has not submitted to any code of conduct.
  6. The essential characteristics and the total price of the goods as well as the period of validity of limited offers from LEKI can be found in the detailed descriptions of the individual goods in the online shop as well as in these GTC.

§ 4 Purchase price to be paid, return costs in the event of revocation, place of subsequent performance

  1. All prices are inclusive of VAT.
  2. In the event of revocation, LEKI shall bear the direct costs for returning the goods.
  3. The place of performance of the subsequent performance is at the registered office of LEKI. This regulation has no influence on any possible bearing of costs within the scope of subsequent performance.

§ 5 Means of payment, terms of payment, set-off

  1. If the respective item does not contain a separate note regarding payment of the purchase price, payment can be made by credit card, by instant bank transfer or by PayPal.
  2. If the buyer chooses to pay by credit card (VISA or Mastercard), payment shall be deemed to have been made with the proper indication of the credit card number, the cardholder data and, if applicable, the control number and confirmation of payment by the buyer, unless LEKI rejects the respective credit card immediately after notification and confirmation by the buyer and notifies the buyer accordingly.
  3. If the buyer chooses payment by Sofortüberweisung, we use the provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany. This provider guides the customer independently and automatically through the payment process, whereby the buyer makes a transfer by way of advance payment via online banking. In the case of a corresponding payment instruction and account coverage, LEKI receives an automated confirmation of this from Sofort GmbH in real time. The customer's account details remain unknown to LEKI.
  4. If the buyer chooses to pay via PayPal, the payment shall be deemed to have been made upon unconditional crediting of LEKI's PayPal account. If the buyer files a PayPal buyer protection claim, this will result in LEKI's purchase price claim being re-established.
  5. If the buyer chooses payment by invoice, we use the service provider UNZER GmbH (Schöneberger Str. 21a, 10963 Berlin, Germany). In this case, UNZER GmbH carries out a creditworthiness and identity check, which is a prerequisite for payment by invoice. If this is successful, an invoice will be issued directly by UNZER GmbH and not by LEKI. The purchase price shall then be paid to UNZER GmbH without deduction within 14 days of receipt of the invoice. If a payment does not take place, the debt collection will be carried out directly by UNZER GmbH.

§ 6 Delivery date depending on the choice of the means of payment, right of withdrawal

  1. Unless otherwise stated or regulated for the individual goods in the online shop or in the following, the delivery shall be made
    • For deliveries to Germany: in 2 to 4 working days
    • For deliveries to Austria or Italy: in up to 3-5 working days

                   Starting in the case of

    • payment in advance by (instant) bank transfer: from conclusion of the contract after the payment order has been duly issued to the buyer's transferring credit institution
    • payment by credit card (VISA or Mastercard): from the conclusion of the contract if the data provided on the chargeable credit card account are correct
    • payment by PayPal: from the date of the buyer's order to PayPal to initiate payment to LEKI's PayPal account
    • payment by invoice via UNZER GmbH: from conclusion of the contract after successful creditworthiness and identity check by UNZER GmbH
  2. Working days are Monday to Friday, excluding public holidays at LEKI's registered office and public holidays at the buyer's registered office.
  3. If an ordered article is not available because LEKI is not supplied by one of its own suppliers through no fault of LEKI despite its contractual obligation, LEKI is entitled to withdraw from the contract. In this case, LEKI will immediately inform the customer that the ordered goods are no longer available and reimburse any services already rendered without delay.

§ 7 Retention of title

    1. LEKI retains title to the goods delivered by LEKI until there is no longer any claim arising from the purchase contract.
    2. The buyer shall inform LEKI without delay about enforcement measures of third parties against the reserved goods and hand over the documents necessary for an intervention; this shall also apply to impairments of any other kind.

§ 8 Liability of LEKI

    1. The statutory liability for defects applies to the goods.
    2. The buyer can only demand compensation for damages in other respects:
      1. For damages that are due to
        • An intentional or grossly negligent breach of duty on the part of LEKI
        • An intentional or grossly negligent breach by a legal representative, executive employee or vicarious agent of LEKI which are not essential contractual obligations (cardinal obligations) and are not primary or secondary obligations in connection with defects in our deliveries or services.
      2. For damages resulting from the intentional or negligent breach of material contractual obligations (cardinal obligations) by LEKI, a legal representative, executive employee or vicarious agent of LEKI. Material contractual obligations (cardinal obligations) are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies.
      3. Furthermore, LEKI shall be liable for damages due to the negligent or intentional breach of obligations in connection with defects in our delivery or service (subsequent performance or ancillary obligations).
      4. For damage that falls within the scope of protection of a guarantee (assurance) expressly given by LEKI or a guarantee of quality or durability.
    3. In the event of a breach of a material contractual obligation due to simple negligence, the amount of liability shall be limited to the damage typically to be expected and foreseeable for us at the time of the conclusion of the contract when exercising due care.
    4. Claims for damages by the buyer in the event of a simple negligent breach of an essential contractual obligation shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are damages from injury to life, body or health as well as damages due to the breach of obligations in connection with defects in our delivery or service (subsequent performance or ancillary obligations).
    5. Claims for damages against LEKI arising from statutory liability, for example under the Product Liability Act, as well as from injury to life, limb or health, shall remain unaffected by the above provisions and shall exist to the statutory extent within the statutory periods.

§ 9. Choice of law

The contract including these GTC shall be governed by the substantive law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply insofar as mandatory consumer protection provisions in the country in which the buyer has his habitual residence are more favourable to the buyer (Art. 6 VO (EG) 593/2008).

§ 10 Dispute settlement procedure

    1. LEKI is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
    2. European Commission platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/
    3. Our email address is: shop@leki.at

Last updated: 20 November 2023