General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of withdrawal
4. Prices and Terms of Payment
5. Delivery and Dispatch Terms
6. Contract Term and Termination of Subscription Contracts for Goods
7. Retention of title
8. Liability for defects (warranty)
9. Special Terms and Conditions for the Processing of Goods in Accordance with Specific Customer Specifications
10. Redeeming Promotional Vouchers
11. Redeeming gift vouchers
12. Applicable law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of LD TRADING & SERVICES GmbH (hereinafter “the Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.

1.3 A ‘consumer’ within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.4 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods by way of a one-off delivery or the purchase of goods by way of a standing order (hereinafter referred to as the ‘subscription contract’). Under a subscription contract, the seller undertakes to supply the customer with the goods specified in the contract at the intervals specified therein for the duration of the agreed contract term.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form, by post or by telephone.

2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which case the date on which the goods are received by the customer shall be decisive, or
• by requesting payment from the customer following the submission of their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed via the seller’s online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The Seller shall not make the text of the contract available in any other way. Provided that the customer has set up a user account on the Seller’s online shop before submitting their order, the order details will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs that may apply are specified separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via banks (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer will be informed of the available payment method(s) in the seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “Mollie” payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “Mollie”). The individual payment methods offered via Mollie are communicated to the customer in the seller’s online shop. To process payments, Mollie may use other payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Mollie” is available online at https://www.mollie.com,/de, and

5) Delivery and Shipping Terms

5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system shall be decisive for the processing of the transaction. Notwithstanding the above, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall apply.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.

5.4 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be applied.

5.5 Vouchers are provided to the customer as follows:

- by email

6) Contract term and termination of subscription contracts for goods

6.1 The right to terminate the contract for cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

6.2 Notices of termination must be given in writing or in text form (e.g. (by email).

7) Retention of

title If the seller supplies the goods in advance, they reserve title to the goods delivered until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding the above, the following applies to contracts for the supply of goods:

8.1

the customer is acting as a trader,

• the seller may choose the method of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• in the case of second-hand goods, claims for defects are excluded;
• the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

8.2 The limitations of liability and shortened time limits set out above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• to goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness,
• to any The seller’s existing obligation to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

8.3 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

8.4 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller of this. Should the customer fail to comply with this, it shall have no effect whatsoever on their statutory or contractual claims for defects.

9) Special terms and conditions for the processing of goods in accordance with the customer’s specific specifications

9.1 Where, under the terms of the contract, the seller is obliged not only to supply the goods but also to process them in accordance with the customer’s specific specifications, the customer must provide the seller with all content required for such processing – such as texts, images or graphics – in the file formats, formatting, image and file sizes, and grant the seller the necessary rights of use. The customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and accepts responsibility for ensuring that they have the right to use the content provided to the seller. In particular, the Customer shall ensure that this does not infringe any third-party rights, in particular copyright, trade mark rights and rights of personality.

9.2 The Customer shall indemnify the Seller against any claims that third parties may bring against the Seller in connection with an infringement of their rights arising from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim being made by a third party, the customer is obliged to provide the seller, without delay and in a truthful and complete manner, with all information necessary for the assessment of the claims and for the defence against them.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the customer for this purpose contravenes statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision

of

10) Redeeming promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.

10.2 Promotional vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is specified in the terms of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. Retrospective offsetting is not possible.

10.5 Only one promotional voucher may be redeemed per order.

10.6 If the promotional voucher specifies a fixed value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

10.8 The value of a promotional voucher will

not

be paid out in cash nor will it accrue interest.

10.9 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This shall not apply if the Seller is aware of, or through gross negligence is unaware of, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and any remaining balance on gift vouchers are valid until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.

11.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

11.6 The credit balance of a gift voucher will not be paid out in cash nor will it accrue interest.

11.7 The gift voucher is intended solely for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to verify the validity of the respective voucher holder’s claim.

12) Applicable law

All legal relationships between the parties shall be governed by the law of the Republic of Austria, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Jurisdiction

If the customer is acting as a trader, a legal person governed by public law or a special fund under public law with its registered office within the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is based outside the territory of the Republic of Austria, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or any claims arising from it are attributable to the customer’s professional or commercial activities. In the above cases, however, the seller is in any event entitled to bring proceedings before the court at the customer’s place of business.

14) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.