Terms and Conditions

Article 1 - Definitions

In these Terms and Conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: a natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the entrepreneur;

Tag: Calendar day; 27-12-2024

Ongoing transaction: a distance contract relating to a set of products and/or services whose delivery and/or purchase obligation is staggered in time

Durable Disk: any means that enables the consumer or trader to store information addressed to him personally in such a way that the stored information can be consulted and reproduced unchanged in the future.

Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period

Entrepreneur: the natural or legal person who offers goods and/or services to the consumer at a distance

Distance Selling Contract: an agreement in which only one or more distance communication technologies are used within the framework of a system for the distance sale of goods and/or services organised by the trader until the conclusion of the contract

Remote communication technology: Funds that can be used to conclude a contract without consumers and entrepreneurs having to be in the same room at the same time.

Terms & Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

LC-Commerce
Am Waldrand 6, 4541 Adlwang
Austria
Email: lcecommercebusiness@gmail.com

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every contract concluded at a distance and every order between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it is pointed out before the conclusion of the distance contract that the general terms and conditions are available for inspection at the business premises of the entrepreneur and will be sent to the consumer free of charge on request as soon as possible.

If, by way of derogation from the preceding paragraph, the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that product or service-specific terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If at any time one or more provisions of these Terms and Conditions are invalid or void, in whole or in part, the Agreement and these Terms and Conditions shall nevertheless remain in force and the provision in question shall be replaced without undue delay by mutual agreement by a provision that comes closest to the purpose of the original provision.

Matters not provided for in these General Terms and Conditions are to be assessed "in the sense" of these General Terms and Conditions.

Any ambiguity about the interpretation or content of one or more provisions of our Terms and Conditions shall be construed "in the spirit" of these Terms and Conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this must be explicitly stated in the offer.

The offer is subject to change. The entrepreneur is entitled to change or adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, they represent a truthful representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the quotation are indicative and cannot be grounds for compensation or termination of the agreement.

The images of the products are a faithful representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to

the price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service applies the special scheme for postal and courier services on imports. This regulation applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT from the recipient of the goods (together with customs clearance fees, if applicable);

Any shipping costs;

the manner in which the contract is concluded and the actions required to achieve it;

whether the right of withdrawal applies or not

the conditions for payment, delivery and performance of the contract
die Frist für die Annahme des Angebots oder die Frist, innerhalb derer der Gewerbetreibende den Preis garantiert

the amount of the distance communication tariff, if the cost of using the distance communication technology is calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract is archived after it has been concluded and, if so, how it can be viewed by the consumer

the way in which the consumer can check and, if desired, correct the information provided by him under the contract before concluding the contract

the languages other than Dutch in which the contract can be concluded

the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct by electronic means, and

the minimum term of the distance contract in the case of a term transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.

If the contract is concluded by electronic means, the trader shall take appropriate technical and organisational measures to protect the electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur must observe appropriate security measures.

The entrepreneur can find out - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this examination, the entrepreneur has good reasons not to conclude the contract, he is entitled to reject an order or an application or to link the implementation to special conditions, stating reasons.

With the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it accessible on a durable medium

the address of the trader's office where the consumer can lodge complaints the conditions and manner in which the consumer can exercise their right of withdrawal or, where applicable, clear information on the exclusion of the right of withdrawal Information about existing warranties and after-sales service the information referred to in Article 4(3) of these Terms and Conditions, unless the trader has already provided it to the consumer before the performance of the contract the conditions for the termination of the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a term transaction, the provision of the previous paragraph shall apply only to the first delivery.

Each contract is concluded subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option of terminating the contract without giving reasons within a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all the accessories supplied and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must notify this in writing/by e-mail. After informing them that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by providing proof of postage.

If the consumer has not indicated that he wishes to exercise his right of withdrawal, or if he has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the product will be borne by him.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite is that the product has already been received by the entrepreneur or that sufficient proof of the complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.

An exclusion of the right of withdrawal is only possible for products

made by the trader according to the consumer's specifications that clearly have a personal character which cannot be returned due to their nature that spoil or age quickly the price of which is subject to fluctuations on the financial market beyond the control of the entrepreneur; for individual newspapers and magazines; for audio and video recordings and computer software whose seal has been broken by the consumer. for hygiene products where the consumer has broken the seal. An exclusion of the right of withdrawal is only possible in the case of services

which relate to accommodation, transport, catering or leisure activities and are to be provided on a specific day or during a specified period; the provision of which has begun with the express consent of the consumer before the expiry of the withdrawal period; for betting and lotteries.

Article 9 - The price

During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the Entrepreneur has no influence with variable prices. This connection with fluctuations and the fact that the prices mentioned are guide prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal rules or regulations.

Price increases from 3 months after conclusion of the contract are only permissible if they result from legal provisions or regulations; or the consumer is entitled to terminate the contract from the day on which the price increase takes effect. In the present case, the delivery takes place outside the EU. Therefore, the postal or courier service collects VAT on import or clearance fees from the customer. Consequently, no VAT will be charged by the contractor.

All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to supply the product on the basis of the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications specified in the offer, the reasonable requirements for suitability and/or usability and the legal and/or official regulations in force at the time of conclusion of the contract. If agreed, the professional also guarantees that the product is suitable for use other than normal use.

The warranty provided by the professional, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the professional on the basis of the agreement.

Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products should be returned in their original packaging and in new condition.

The contractor's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is in no case responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or altered the supplied products himself or had them repaired and/or altered by a third party; the delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the instructions and/or packaging of the entrepreneur; the defect is wholly or partly due to standards that the State has established or will establish in relation to the type or quality of the materials used.

Article 11 - Delivery and execution

The place of delivery is the address provided by the consumer to the contractor and is outside the EU.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company shall execute accepted orders as soon as possible, but no later than within 30 days, unless the Consumer has agreed on a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract without costs and the right to any damages.

In the event of termination in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days of the dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to supply a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return are at the expense of the entrepreneur.

The risk of damage and/or loss of products lies with the Entrepreneur until the time of delivery to the Consumer or to a previously designated representative notified to the Entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of transactions: duration, revocation and extension

Revocation

The consumer may withdraw from a contract concluded for an indefinite period of time, which extends to the regular supply of goods (including electricity) or the provision of services, at any time, in compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of goods (including electricity) or services at any time at the end of the agreed term, in compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs at any time:

revoke at any time and not be limited to a revocation at a specific time or within a specific period;

revoke at least in the same way as he entered into the contract;

terminate at any time with the same notice period set by the Contractor for himself.

Renewal

A contract concluded for a definite period of time, which extends to the regular supply of goods (including electricity) or the provision of services, cannot be tacitly extended or renewed for a certain period of time.

Notwithstanding the preceding paragraph, a fixed-term contract which has as its object the regular delivery of daily newspapers, news and weeklies may be tacitly renewed for a fixed term of no more than three months if the consumer may terminate the extended contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time, subject to a maximum notice period of one month and a maximum of three months, if the contract has as its object the regular but not monthly delivery of newspapers and periodicals.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers on trial (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a notice period of up to one month, unless reasonableness and equity preclude termination before the expiry of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the payment data provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to the legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaint procedure

Complaints about the performance of the contract should be submitted to the entrepreneur in a complete and clearly described manner within 7 days after the consumer has discovered the defects.

Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur responds within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.

If the Entrepreneur considers the complaint to be justified, he will either replace or repair the delivered products free of charge at his discretion.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

Article 16 - Finality of the solution for refunds, returns and reshipments

Solution acceptance clause:

In the event of a reshipment of a product to the customer or the issuance of a voucher with a value of more than 75% of the original order value, it is hereby agreed that the customer accepts this solution as final. This assumption means that the customer acknowledges the receipt of a satisfactory remedy for the original transaction problem. Finality of the remedy:

Upon acceptance of the reshipped product or voucher, the customer agrees that no further action will be taken for refunds, returns, or reshipments. This finality is established to ensure fair treatment and avoid unnecessary burdens and disadvantages for the company. Confirmation of the conditions:

By accepting the Solution (either the Reshipped Product or the Voucher), the Customer confirms their understanding and agreement that: a. The remedy provided is considered sufficient and satisfactory. b. No additional claims will be filed in connection with the original order. c. The transaction is considered completed and fully resolved. Exclusion of further claims:

Any subsequent requests or requests for additional refunds, returns, or reshipments related to the original order will automatically become null and void. The Company is under no obligation to process any further claims once the Client has accepted the original solution. Customer's Responsibility:

Customers are advised to carefully consider the offer of the solution before accepting. By accepting the reshipped product or voucher, customers waive their right to challenge the solution or seek additional remedies. Company Assurance:

The Company warrants that the reshipped product or voucher is provided in good faith and is intended to provide fair compensation for any issues with the original order. This measure ensures that the company is able to provide consistent and reliable service to all customers. Legally binding agreement:

This amendment will serve as a legally binding agreement between the Client and the Company. The terms and conditions set forth herein are enforceable and will apply to all relevant transactions after the effective date. By accepting a reshipped product or a voucher worth more than 75% of the original order, the customer signals his acceptance of these conditions and accepts the finality of the solution in accordance with this change.

 

IMPORTANT!

By making a purchase, you fully agree to these Terms and Conditions. If you do not agree with these Terms and Conditions or any part of these Terms and Conditions, you may not make any purchases on the Website.