Terms & Conditions
PRICES, DELIVERY & PAYMENT CONDITIONS
Find in our current GTC (as of 05/2018).
GENERAL TERMS AND CONDITIONS
Area of application
The following General Terms and Conditions shall apply to all contracts concluded between Leitner Handels GmbH and an entrepreneur or consumer (hereinafter referred to as “contracting party”) in the version valid at the time of conclusion of the contract.
Conclusion of contract
2.1 In the event of the conclusion of a contract, the contract shall be concluded with Leitner Handels GmbH, Freistädterstraße 52, 4040 Linz.
2.2 The information contained in catalogs, brochures and the like shall only be authoritative if express reference is made to them in the order confirmation; otherwise such information shall only be deemed to be an invitation to submit an offer by the contractual partner. Our offers are non-binding and subject to change.
2.3 The following shall apply to our web store, which is available at www.terra-level.at: The presentation of the goods in our web store does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the contractual partner to order goods. With the order, i.e. the contractual partner successfully goes through the order procedure provided in our web store (filling in the marked data fields, product selection, sending the order), the contractual partner makes a binding offer to conclude a purchase contract. The contractual partner can correct his input errors at any time before the binding sending of the order by clicking in the data field to be corrected and correcting the input. By closing the Internet browser, the contract partner can cancel the ordering process. We shall confirm receipt of the order immediately by means of an automatically generated e-mail (“confirmation of receipt”) and shall send the contractual partner the order data and our General Terms and Conditions by e-mail after receipt of the order. The contractual partner can also call up the GTC at any time at www.terra-level.at. For security reasons, the order data of the contractual partner are no longer accessible via the Internet, but are stored electronically by us.
2.4 Contracts shall only be concluded upon our written order confirmation or upon delivery or provision and acceptance of the ordered goods at the latest.
2.5 Verbal collateral agreements shall only be legally effective and valid if they have been confirmed by us in writing.
Prices and payment methods
3.1 The prices stated are in EURO and include the statutory value added tax and other price components. The net price may also be stated for entrepreneurs. In any case, any delivery and shipping costs as well as customs or other import duties shall be added. The delivery and shipping costs are calculated according to the ordered quantity or weight.
3.2 In the event of price changes between order confirmation and provision or delivery of the goods due to circumstances beyond our control (collective bargaining agreements, material prices, customs duties, taxes, levies, etc.), we shall be entitled to make a price adjustment, be it a reduction or increase of the price, for the price stated in the order confirmation until provision/delivery of the goods to the contractual partners.
3.3 The amount stated in the invoice is due immediately. The contractual partner is obliged to pay the invoice amount stated in the invoice within 8 days after receipt of the goods at the latest, unless the invoice states a different payment term.
For contracts concluded via our webshop, available at www.terra-level.at, the following applies: The contractual partner can only pay in advance. He will receive our bank details together with the order data and GTC by e-mail. Any foreign bank charges shall be borne by the contractual partner.
Delivery
4.1 Delivery of the ordered goods shall be effected by provision and collection of the goods by the contracting party at the registered office of Leitner Handels GmbH, Freistädterstraße 52, 4040 Linz or by dispatch. The delivery or shipping costs shall be borne by the contractual partner.
4.2 Our goods are ready for immediate dispatch unless otherwise stated in the product description and shall be delivered within a reasonable period of time, in any case within 30 days, unless otherwise agreed. The time limit for delivery begins to run on the day after the conclusion of the contract. In the case of contracts concluded via our webshop, available at www.terra-level.at, the period for delivery shall not commence until we have received payment, unless otherwise agreed. If the deadline falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day. Unless otherwise agreed, delivery will be made to the delivery address provided to us by the contracting party.
4.3 The delivery period may be extended in the event of unforeseen circumstances or circumstances beyond the control of the parties, such as force majeure, transport delays, strikes, official measures, etc. The delivery period shall be extended by one month.
4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the contracting party in the case of sale by dispatch upon our notification of readiness for dispatch and delivery. This shall not apply if the contractual partner is a consumer; in this case, the risk shall not pass until the goods are handed over to the contractual partner or to a third party designated by the contractual partner who is not the carrier.
4.5 If a package is obviously damaged during delivery, the contractual partner must insist that this circumstance is documented in writing by the delivery agent. The contractual partner must notify us immediately in writing of any transport damage.
Delay
5.1 If the contracting party defaults on payment, it shall pay default interest. Pursuant to Section 456 of the Austrian Commercial Code (UGB), the corporate default interest rate shall be 9.2 percentage points per annum above the base interest rate of the Austrian National Bank. For consumers, a default interest rate of 4% per annum shall apply.
5.2 The contracting party shall be liable to us for any damage incurred by us due to the delay for which it is responsible (e.g. higher interest on any credit accounts on our part).
Retention of title
6.1 Until full payment of the purchase price and all related costs and expenses, the goods shall remain our property.
6.2 Any transfer of the goods to third parties during the retention of title is expressly prohibited. This shall not apply to goods intended for resale. In this case, the contractual partner shall be entitled to resell the goods subject to retention of title. However, this is only permissible if the contractual partner has informed us in writing in good time in advance of the name or company and business address of the third party. In the event of resale, the purchase price claim shall already now be deemed to have been assigned to us and we shall be entitled to notify the third party of this assignment. The proceeds from the resale shall be kept separate from the assets of the contractual partner.
6.3 If the contracting party is in default of payment, even only in part, we shall be entitled to collect the goods at the contracting party’s expense even without the contracting party’s consent.
6.4 In the event of seizure or other claims by third parties, the contracting party shall be obliged to inform the third party of our ownership and to notify us thereof without delay.
Right of withdrawal for consumers in distance selling
If the contractual partner is a consumer, he shall be entitled to a right of revocation in the case of distance contracts.
Revocation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days, in the case of a purchase contract from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. If goods are delivered in several partial shipments, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must send us
Leitner Handels GmbH
Freistädterstraße 52
4040 Linz
F: +43 73270044723
E: office@terra-level.com
by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the revocation policy
Exclusion of the right of withdrawal
There is no right of withdrawal for goods that are manufactured according to customer specifications or clearly tailored to personal needs, as well as for goods that have been inseparably mixed with other goods after delivery due to their nature.
Warranty
8.1 The warranty period for new goods is two years for consumers and six months for entrepreneurs. For used goods, the warranty period for consumers is one year (§ 9 KSchG), for entrepreneurs the warranty is excluded.
8.2 A defect shall not exist if faults occur in the goods due to improper use or use contrary to the intended purpose. For proper and intended use, in particular the manufacturer’s specifications are to be observed. The mandatory liability according to § 9a KSchG remains unaffected.
8.3 In any case, the contracting party shall lose its warranty claims if it or unauthorized third parties interfere with the goods, carry out repairs or attempt repairs.
8.4 In the event of improvement or replacement, we may demand that the contracting party sends us the defective goods at its own risk. This shall not apply to consumers.
8.5 The necessary costs of improvement or replacement, in particular shipping, labor, travel and material costs shall be borne by the contractual partner. This shall not apply if the contractual partner is a consumer (§ 8 KSchG).
8.6 If the contracting party is an entrepreneur, it shall be obliged to inspect the goods for any defects in the ordinary course of business after delivery or upon receipt. Defects which the contractual partner has discovered or should have discovered must be reported to us in writing without delay, but no later than 8 days after handover, otherwise the contractual partner may no longer assert claims for warranty, damages due to the defect itself or due to error regarding the defect-free nature of the item. If such a defect becomes apparent at a later date, the contractual partner must also notify us of this in writing without delay, but within 8 days at the latest, otherwise he shall lose the aforementioned claims. Sections 377, 378 UGB shall apply.
8.7 If the contractual partner is an entrepreneur, the statutory reversal of the burden of proof for the defectiveness of the goods at the time of handover according to § 924 ABGB (presumption of defectiveness) as well as the right of recourse according to § 933b ABGB are excluded.
Compensation and liability
9.1 If we are liable for damage, we shall only be liable for intent and gross negligence. Liability for damages due to slight negligence is excluded in any case.
9.2 We shall not be liable for indirect or consequential damages or lost profits.
9.3 We assume no liability for the timeliness, accuracy, completeness and content of the information provided.
9.4 We shall not be liable for any delayed delivery resulting from circumstances beyond our control.
9.5 Any right of recourse to which the contracting party may be entitled under the provisions of the Product Liability Act shall be excluded.
9.6 The damaged party shall have to prove the existence of gross negligence.
9.7 A claim for damages against us may only be asserted in court within six months of knowledge of the damage, but no later than three years after the event giving rise to the claim.
9.8 If the contractual partner is a consumer, we shall pay damages in accordance with the mandatory statutory provisions.
Shortening by more than half
The right to rescind the contract due to a reduction by more than half pursuant to § 934 ABGB (laesio enormis) shall be excluded. This shall not apply if the contractual partner is a consumer.
Right of set-off and retention
11.1 The right to set-off against claims of us is excluded. If the contractual partner is a consumer, however, he shall have the right to set off his liabilities against our liabilities in the event of our insolvency or for counterclaims that are legally related to the consumer’s liability, that have been determined by a court or that have been acknowledged by us.
11.2 The contractual partner shall not have a right of retention. This shall not apply if the contractual partner is a consumer.
Contract language
Only German is available as the contract language.
Place of Performance, Place of Jurisdiction, Choice of Law, Written Form
13.1 The place of performance shall be the registered office of Leitner Handels GmbH.
13.2 The place of jurisdiction for disputes arising from or in connection with the contract between the contractual partner and us or with these General Terms and Conditions shall be the competent court in Linz, with the exception of the places of jurisdiction for consumers provided for by mandatory law.
13.3 Austrian law shall apply exclusively to the exclusion of the conflict of law rules. In the case of consumers, this choice of law shall apply with the exception of the mandatory provisions of the law of the consumer’s habitual residence. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
13.4 Amendments and supplements to these General Terms and Conditions of Business shall be made in writing; this shall also apply to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.
Severability clause
Should any provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.
Alternative/online dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes (“OS platform”): http://ec.europa.eu/odr. However, we expressly point out that we do not participate in this voluntarily established dispute resolution procedure. Likewise, we do not submit to the voluntarily established alternative dispute resolution procedure under the AStG (Alternative Dispute Resolution Act).
