GENERAL TERMS AND CONDITIONS/CANCELLATION POLICY
1. Conclusion of contract – scope of application
1.1
Between LA RIC Kosmetik GmbH, FN 159711 w with its registered office in Klosterneuburg (hereinafter referred to as: LA RIC) and the orderer (customer), the following General Terms and Conditions (GTC) shall apply to the business relations in connection with the distribution of cosmetic articles and other movable goods in the version valid at the time of the respective conclusion of the contract:
1.2
The GTC apply to both consumers and companies, unless a differentiation is made in the respective clause. The GTC apply exclusively. LA RIC does not recognise any deviating terms and conditions and hereby objects to them. If the customer is an entrepreneur with terms and conditions that are contrary to or deviate from these GTC, LA RIC shall not recognise these terms and conditions and hereby objects to them, unless LA RIC has agreed to their validity in writing.
2. Business partner
2.1
Contractual partners may be natural persons and legal entities domiciled in the Republic of Austria or other countries.
3. Offer – Acceptance – Conclusion of Contract
3.1
The products displayed in the online shop do not yet constitute an offer. The customer in turn submits a contract offer (order). Therefore, only the order placed electronically (via the Internet), in writing or by telephone is a legally binding offer. The receipt of orders is confirmed electronically and automatically without delay, therefore regularly on the same working day. The confirmation of receipt itself does not constitute acceptance. Acceptance of the order shall be made by e-mail or by sending. Orders shall be accepted or rejected within a reasonable and customary processing and consideration period during which stock and creditworthiness can be checked. In the event of a credit check, the acceptance period shall not exceed two weeks. As a matter of principle, only quantities customary in the household shall be delivered to end customers. Orders of larger quantities are only possible by individual written agreement.
4. Prices – Method of payment – Default
4.1
4.1 Prices quoted are in EUR and include the statutory value-added tax, which is indicatedon the invoice. Shipping costs are additional (for orders under EUR 108.00 within Austria). The prices of the respective order date shall apply. Delivery shall be made via delivery services of LA RIC’s choice. Shipping costs amount to a flat rate depending on delivery country. They are waived for orders shipped to Austria or Germany with an order value above EUR 108.00 including VAT. For cash on delivery orders, an additional EUR 5.00 cash on delivery fee shall be charged for each delivery, irrespective of the order value. For shipments to other EU member states and third countries, please refer to the shipping costs table. For deliveries to countries outside the European Union, any taxes and customs duties incurred must be paid by the customer. Shipping costs, cash on delivery charges, taxes and customs duties cannot be refunded.
4.2
4.2 Transport insurance is not taken out. Postal packages are automatically insured up to a goods value of EUR 500. Only cash in advance, cash on delivery, online banking and credit cards are accepted as payment methods. The customer’s account/credit card will be debited upon acceptance of the order. Payment on account is only possible with prior written agreement. If necessary, LA RIC shall check and evaluate the customer’s data and, if there is a justified reason, shall exchange data with a business information service. If a customer is in default of payment, LA RIC shall be entitled to claim default interest in the amount of 5 % above the base interest rate pa. If LA RIC has demonstrably incurred a higher damage caused by default, it shall be entitled to assert this. The customer shall only be entitled to set-off if his counterclaims have been legally established, recognised by LA RIC or originate from the same legal relationship.
5. Delivery and obligation to give notice of defects
5.1
Details of delivery deadlines are non-binding unless the delivery date has been bindingly promised as an exception. If in this case the non-observance or delay of an agreed delivery deadline is due to force majeure, industrial dispute, fire, unforeseen obstacles or other circumstances for which LA RIC is not responsible, the delivery deadline shall be extended for the duration of these events. LA RIC shall be entitled to make partial deliveries if part of the ordered goods is temporarily not available. Additional shipping costs shall be borne by LA RIC. If the customer is in default of acceptance, LA RIC shall be entitled to claim compensation for damages caused thereby, whereby the customer shall be entitled to prove a lesser damage. As long as the customer is in arrears with an obligation, the delivery obligation of LA RIC shall be suspended.
6. Warranty for defects
6.1
Within the framework of the following provisions, LA RIC warrants for the duration of the statutory warranty period of two years that deliveries and services are free from defects in the sense of warranty law. The customer shall describe defects in the product as precisely as possible and return the product. The returned product must be accompanied by a copy of the purchase invoice/delivery note. The rectification of defects in the case of defective articles shall primarily be effected by replacement.
6.2
The warranty does not cover defects and damage that are causally connected with the fact that the customer has not complied with the regulations on use, unless this circumstance is not the cause of the defect complained about. Products that were not purchased from LA RIC shall be returned without rectification of the defect, with subsequent charging of the costs incurred as a result.
7. Liability for damages
7.1
LA RIC’s liability for contractual breaches of duty and liability in tort shall be limited to intent and gross negligence. Insofar as liability for damages not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the accrual of the claim. Insofar as the liability for damages against LA RIC is excluded or limited, this shall also apply with regard to the personal liability for damages of LA RIC’s employees, representatives and vicarious agents. LA RIC shall not be liable within the aforementioned framework in particular for non-specific product-related information and tips offered free of charge as well as for hyperlinks referring to external offers.
8. Availability reservation
8.1
Non-deliverable items shall be indicated as such on the Internet or placed offline (not visible). LA RIC shall be entitled to withdraw from the contract vis-à-vis purchasers insofar as it does not receive the delivery item despite the prior conclusion of a purchase contract. The purchaser shall be informed immediately of the failure to receive the delivery item and, in the event of withdrawal, shall be reimbursed without delay for any consideration already received. LA RIC shall be entitled to withdraw from the contract in the event of non-delivery, incorrect delivery or late delivery to business customers.
9. Cancellation policy
9.1
Right of withdrawal:The customer may withdraw from the contract within 14 calendar days without giving reasons. The period begins with receipt of the goods. The timely dispatch of the revocation is sufficient to comply with the revocation period. An information sheet on exercising the right of revocation and a sample revocation form are attached to these GTC. In order to ensure the fastest possible processing, the customer must enclose a copy of the purchase invoice/delivery note and a detailed description of the defect with the return of the goods. Failure to do so will have no legal consequences.
9.2
Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned. If the goods have deteriorated, LA RIC may demand compensation. This shall not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for the customer in a shop, for example. In addition, the customer can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from doing anything that could impair the value of the goods. The customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40 or if, in the case of a higher price of the goods, the customer has not yet rendered consideration or a contractually agreed partial payment at the time of the revocation. The goods shall be returned to LA RIC in the original packaging and with all packaging components if possible. If the original packaging no longer exists, suitable packaging must be used to provide sufficient protection against transport damage. Only in the case of goods that cannot be sent by parcel (e.g. bulky goods or parcels weighing more than 20 kg) shall the customer be entitled to declare the return by requesting the return in text form, e.g. by letter, fax or e-mail.
9.3
Exclusion: The right of withdrawaldoes not apply to contracts:
- •about products that are made according to customer specifications or are clearly tailored to the per-sonal needs of the customer.
10. Retention of title
10.1
The delivered goods shall remain the property of LA RIC until payment has been made in full.
11. Obligations to examine and give notice of defects
11.1
If the customer is an entrepreneur, he shall inspect the goods within a reasonable period after delivery and, if they have a defect, notify LA RIC immediately. If the customer fails to make this notification, the goods shall be deemed to have been approved. If a defect is discovered later, the notification must be made within a reasonable period after discovery.
12. Export
12.1
In case of export of the goods to customers in territories outside the Republic of Austria, LA RIC shall not assume any liability in case of infringement of industrial property rights of third parties by delivered products. The buyer shall be obliged to compensate for all damages caused by the export of the goods which were not expressly delivered by LA RIC for export.
13. Contract validity/transferability
13.1
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. In such a case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that corresponds as far as possible to the economic and ideal conceptions. The same shall apply to any loophole identified in the General Terms and Conditions.
13.2
The customer may only transfer rights under this contract with the consent of LA RIC.
14. Notice and participation from care
14.1
LA RIC supplies cosmeticsand accessories especially for regular household and everyday use. For safety reasons, LA RIC cosmetics and accessories are only to be used for regular household use and not for any other purpose.
15. Applicable law and place of jurisdiction
15.1
The law of the Republic of Austria shall apply. The validity of the international uniform law on the sale of goods of the Uncitral Agreement is excluded. In business transactions with entrepreneurs, legal entities under public law or special funds under public law, the place of jurisdiction shall be the registered office of LA RIC.
16. Declaration on data protection
16.1
LA RIC stores personal data electronically for the purpose of processing the business relationship and necessarily passes them on to third parties (e.g. post office, LA RIC’s legal advisors) solely for this purpose. The customer is entitled to forbid the passing on of the data at any time. LA RIC stores the order data and sends them together with these GTC to the customer by e-mail. The GTC can be viewed at any time via laric.eu at any time. If the customer has created an account with LA RIC, the order data can be viewed in the customer login area. However, if the customer has selected “Shopping without logging in”, the order data shall not be accessible via the Internet. Cookies or active content are obtained via the laric.eu website.
17. Information on Alternative Dispute Resolution
17.1
An online dispute resolution (ODR) platform has been set up at the European Commission to resolve disputes arising from online sales contracts or online service contracts. This can be accessed at the link: https://webgate.ec.europa.eu/odr/. It can be used to settle out-of-court disputes arising from a purchase contract concluded online with LA RIC.
17.2
In addition, LA RIC has undertaken to involve the following extrajudicial dispute resolution body (AS body) in disputes with consumers:
17.3
Internet Ombudsman – Association for the Promotion of Extrajudicial Dispute Resolution on the Internet
c/o ÖIAT (Austrian Institute for Applied Telecommunications), Margaretenstraße 70/2/10, 1050 Vienna, Phone:+43.1.595211275 , Fax: +43.1.595211299, E-Mail: kontakt@ombudsmann.at, Web: ombudsmann.at
European Commission platform for online dispute resolution: https://webgate.ec.europa.eu/odr/
Out-of-court dispute resolution service: Internet Ombudsmann (ombudsmann.at)
18. Final provisions
18.1
Subsidiary agreements, supplements, amendments and the cancellation of these General Terms and Conditions of Business must be made in writing in order to be effective, without exception. This also applies in particular to the waiver of the written form requirement.
18.2
Conduct deviating from the General Terms and Conditions of Business shall neither change or cancel agreed rights and obligations nor establish new rights and obligations.
18.3
The headings to the individual provisions of these General Terms and Conditions are merely for better orientation and have no independent regulatory content and no legal significance.
18.4
Notices, declarations and revocations provided for under these General Terms and Conditions shall be sent to those of the other Party in compliance with the formalities set out in this Agreement. For the calculation and observance of time limits, the date of the postmark shall be decisive in each case.
Appendix – Information on exercising the right of withdrawal
CANCELLATION POLICY
1. 1. Right of withdrawal
1.1
You have the right to cancel this contract within fourteen days without giving any reason.
1.2
The withdrawal period is fourteen days 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.
1.3.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) addressed to La Ric Kosmetik GmbH, Schönthalergasse 1, 1210 Wien, phone +43 1 31 318-0, Fax +43 1 310 49 12 or email info@laric.eu You can use the attached model withdrawal form for this purpose, which, however, is not
1.4
s prescribed. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website laric.eu. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such a revocation.
1.5
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
2. Consequences of revocation
2.1
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
2.2
You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to … us or to [hier sind gegebenenfalls der Name und die Anschrift der von Ihnen zur Entgegennahme der Waren ermächtigten Person einzufügen]. 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 in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the quality, characteristics and functioning of the goods.”
Sample cancellation form
(If you wish to revoke the contract, please fill in this form. lar and send it back)
To:
La Ric Kosmetik GmbH
Schönthalergasse 1
1210 Vienna
Austria
p: +43 1 31 318-0
f: +43 1 310 49 12
e: info@laric.eu
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods, Ordered on (date) Received on (date).
Name of the consumer(s) :
Address of the consumer(s):
Signature of the consumer(s)
(only in the case of notification on paper)
Date