Terms of service

General terms and conditions of Ludwegs OG

PLEASE READ OUR GENERAL TERMS AND CONDITIONS BEFORE PLACING AN ORDER. YOU CAN DOWNLOAD THEM AT ANY TIME FOR YOUR INFORMATION.

§ 1 Scope and definitions

(1) The business relationship between Ludwegs OG (the “Provider”) and the customer (the “Customer”) is governed exclusively by the following general terms and conditions.

(2) The Customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to their commercial or self-employed professional activity. The Customer is a business customer (any natural or legal person or partnership with legal capacity) if they act in the exercise of a commercial or self-employed professional activity when entering into the contract.

§ 2 Formation of the contract

(1) The Customer may select and order products from the Provider’s range, including food, digital subscriptions and various physical items. When products are selected, the general terms and conditions are displayed automatically so that the Customer can read and print them before submitting the order.

(2) The Provider then sends the Customer an automatic acknowledgement by email, listing the order again, which the Customer can print using the “Print” function. This automatic acknowledgement documents that the Provider has received the Customer’s order.

(3) If the Customer makes an error during the order process, they may correct the order at any time using the email form provided.

§ 3 Delivery and availability of goods

(1) If the product specified by the Customer in the order is temporarily unavailable (delivery process), the Provider will inform the Customer without delay in the order confirmation. If delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract.

(2) A consumer may withdraw from the contract or return the goods within 14 days without giving reasons.

(3) If the product cannot be delivered for any reason, the Customer must be informed in writing.

§ 4 Retention of title

The delivered goods remain the property of the Provider until payment has been made in full.

§ 5 Prices and shipping costs

(1) All prices stated on the Provider’s website include the applicable statutory VAT.

(2) The relevant shipping costs are shown to the Customer in the order form and must be borne by the Customer.

(3) Goods are shipped by post or freight carrier. The Provider bears the shipping risk if the Customer is a consumer, unless the consumer has chosen the shipping method themselves.

(4) In the event of cancellation, the Customer must bear the cost of returning the goods if the goods delivered correspond to those ordered and the price of the goods to be returned does not exceed 40 euros, or, if the price is higher, the Customer has not yet provided the consideration or a contractually agreed partial payment at the time of cancellation.

(5) The place of performance is A-6275 Stumm im Zillertal, Austria.

§ 6 Payment terms

(1) The Customer may pay in advance, by credit card, PayPal, Apple Pay, Google Pay or direct debit.

(2) The Customer may change the payment method saved in their user account at any time.

(3) Payment of the purchase price is due immediately upon formation of the contract. If the payment due date is determined by the calendar, the Customer is in default simply by missing that date. In this case, the Customer must pay the Provider default interest of 5 percentage points above the base interest rate.

§ 7 Statutory warranty for defects and guarantees

(1) The Provider is liable for defects in accordance with the applicable statutory provisions.

(2) An additional guarantee for goods supplied by the Provider exists only if it is expressly stated in the order confirmation for the relevant item.

§ 8 Liability

(1) Claims by the Customer for damages are excluded. Exceptions are claims arising from injury to life, body or health or from breach of essential contractual obligations (cardinal obligations), and liability for other damage caused by an intentional or grossly negligent breach of duty by the Provider, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

(2) In the event of breach of essential contractual obligations caused by ordinary negligence, the Provider is liable only for foreseeable damage typical of the contract, unless the Customer’s claim arises from injury to life, body or health.

(3) The limitations in paragraphs 1 and 2 also apply in favour of the Provider’s legal representatives and agents if claims are asserted directly against them.

(4) Customers who are consumers are excluded from this provision.

(5) The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation instructions: right of cancellation for consumers

(1) You may cancel your contractual declaration within 14 days without giving reasons in text form (for example by letter, fax or email) or, if the item is supplied before the period expires, by returning the item. The period begins after receipt of these instructions in text form, but not before the recipient receives the goods (for recurring deliveries of similar goods, not before receipt of the first partial delivery). Sending the cancellation or the item in time is sufficient to meet the cancellation deadline. Address cancellations to:

Ludwegs OG
Koflerweg 11/1
A-6275 Stumm
Austria
Fax: 0043-5283-2031-30
sebastian@sebastianretz.com

(2) The cancellation period for consumers is extended to 3 months if the Provider has not fulfilled its information obligations before formation of the contract.

Consequences of cancellation

(1) In the event of valid cancellation, each party must return the benefits received and surrender any benefits derived (for example interest). If you cannot return the benefits received, or can return them only partially or in a deteriorated condition, you may have to compensate us accordingly. For goods, this does not apply if the deterioration is solely due to inspection of the goods, as would have been possible in a shop. You can otherwise avoid compensation for deterioration resulting from proper use by not using the goods as your own property and refraining from anything that reduces their value. Goods that can be sent as parcels must be returned at our risk. You must bear return shipping costs if the delivered goods correspond to those ordered and the price of the goods to be returned does not exceed 40 euros, or, if the price is higher, you have not yet provided the consideration or an agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you.

(2) If the Customer is a consumer, processing must take place within one month. End of cancellation instructions.

§ 10 Other information

There is no right of cancellation for the supply of audio or video recordings or software if you have removed the seal from the supplied data carriers.

§ 11 Information on data processing

(1) The Provider collects Customer data when performing contracts. Without the Customer’s consent, the Provider will collect, process or use the Customer’s inventory and usage data only insofar as necessary to perform the contractual relationship and to use and bill for telemedia services.

(2) Without the Customer’s consent, the Provider will not use Customer data for advertising, market research or opinion research.

(3) The Customer may access, change or delete the data stored about them at any time in their profile using “My account”. For consent and further information about data collection, processing and use, please refer to the privacy policy.

§ 12 Final provisions

(1) Contracts between the Provider and Customers are governed by the law of the Republic of Austria. International conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods do not apply.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the court with subject-matter jurisdiction in Zell am Ziller is the place of jurisdiction for all disputes between the Customer and the Provider.

(3) The remaining parts of the contract remain binding even if individual provisions are legally invalid. Where available, statutory provisions replace invalid provisions. However, if this would constitute unreasonable hardship for either party, the contract becomes invalid in its entirety.

Ludwegs OG