Ogólne warunki i zasady
General Terms and Conditions
Last update 1. 4. 2020
Our terms and conditions are based on the recommendations of the Austrian E-Commerce certification mark, and designed as customer-friendly as possible.
WITH US YOU CAN SHOP SAFELY!
Our web shop supports the e-commerce trust mark since April 2006 and is reviewed annually. Click on the label for more information.
Is there a problem? Contact us, we will find a solution for you!
Phone: +49 7031 98 95 50 (we speak English and German)
The complete company and contact information, can be found here: Company information.
1. General terms
The General Terms and Conditions apply to the sale and delivery of goods and any services provided by our company. Different terms and conditions set by the buyer may only apply if we have agreed to them in writing.
By placing an order, the buyer agrees to these Terms and Conditions and understands that they bind him. Orders placed by legally competent customers (over 18 years old) constitute an offer to enter a purchase contract.
The automated confirmation of the receipt of the order -in accordance with the Austrian E-commerce Law (§ 10 Abs 2 ECG)- does not in itself constitute an acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods, by sending a second email confirming the order or by any acceptance of the customer's offer. All offers on our website are subject to change without notice, non-binding and only available while stocks last.
2. Order process, order correction, order cancellation
Once you have selected the desired product, you can put it in the shopping cart without obligation, by clicking the button [add to cart]. You can view the content of the shopping cart at any time by clicking [To checkout]. The products can be removed from your cart at any time by clicking the [Remove] button. If you want to buy the products in your shopping cart, click the button [To checkout]. Please enter your details then. When you place your first order, your data will be saved and you will be able to order without setting a password (you can request it at a later time). For further orders, simply enter your email and password.
Your data will be encrypted. After entering your details and selecting the payment and delivery methods on the "Checkout" page, the [Continue] button will take you to your Order Overview where you can check your entries once again. Use the [Change] button if you want to correct any of them. By clicking the button [Buy now] you complete the order process. The order process can be interrupted at any time by closing the browser.
Did something not work as desired? Contact us (email@example.com), we can modify your order or cancel it (as long as it has not been paid).
3. Contract Language
The contract terms, all other information and customer service are offered in the language chosen in the webshop.
The prices are valid at the time of the order including legal VAT plus all costs associated with the shipping. They are displayed in the shopping cart and checkout before placing the order, and afterwards are included in a order confirmation sent to the customer.
For sales to EU companies with a VAT number, no VAT will be charged if the company's registered office is outside Austria and the goods are shipped from our warehouse in Austria (intra-Community delivery). It is the companies’ responsibility to pay VAT in their home country. For deliveries from another warehouse location (e.g. Germany), VAT may also be charged to companies, we will gladly inform you about this. Austrian companies are charged 20% VAT.
Should any export or import taxes as well as customs charges of the shipping company become due in the course of delivery, these are also at the expense of the customer (information on this can be obtained from the responsible customs office).
Invoicing is in Euros (EUR) as standard.
- Please contact us for defective or incorrectly delivered products at: firstname.lastname@example.org or via Chat
- We can usually solve such problems easily and without the need to return products!
We try our best to solve problems quickly! Just give us a call, write to us in the chat or send us an email, and we will find a solution!
Under the Austrian Consumer Protection Act (KSchG), EU consumers have the right to cancel this contract within 14 days without stating reasons. Entrepreneurs / business purchasers, (according to §1 of Austrian Business Code / UGB) have no right of rescission.
The cancellation period is:
In the case of a purchase contract, within 14 days from the date on which you OR a third party nominated by you -other than the carrier- take possession of the products. If the order is delivered in several parcels, this period is considered from the date on which you OR a third party -which is not the carrier- take possession of the last parcel delivered.
To exercise your right of rescission, you must contact us (Email: email@example.com, Phone: + 43-7613-44211, Postal: Eventlights.shop - Thomas Gattinger, Traunfeldstrasse 1, 4663 Laakirchen, Austria) by means of a clear statement (e.g. email or a letter sent by mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient to send a notice expressing your right of rescission before the end of the cancellation period.
Sample rescission form (no obligation to use it, you can just send us an email: firstname.lastname@example.org)
via Fax to: +49 7031 98 95 59
or via Email to: email@example.com
I/we(*) hereby withdraw from the contract concluded with me/us(*) for the purchase of the following goods(*)/the provision of the following service(*)
Ordered on* / received on*:
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only for notice on paper):
(*) Cross out what does not apply.
Effects of rescission
If you If withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (with the exception of any additional costs resulting from choosing a different delivery method instead of the standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notice of your cancellation of this contract.
For this refund, we will use the same payment method you used in the original transaction, unless you explicitly agree otherwise. You will not be charged any fees for such repayment.
In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse reimbursement until we receive the goods back, or until you have provided proof that you have sent them back, whichever occurs first.
If you have received goods in connection with the contract, you must return them to our warehouse promptly, and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. You need to pay the shipping costs for returning the products to our warehouse.
Address to return goods:
If the customer is a trader, reseller, or generally a business consumer, a rescission is excluded entirely. There is no right of rescission for customers from countries outside the EU.
Instructions for a smooth handling of the returns
If possible, please send the goods back to us in their original packaging and enclose a copy of the received delivery note indicating which items you are returning. Indicating any additional information (e. G."defective product") is also helpful for us.
Enclosing the delivery note and using the original packaging are not a "must" (they are not a prerequisite for the exercise of your right, but simplifies and secures the handling for us.
No right of rescission for custom-made products
Consumers have no right to withdraw from contracts for goods which are manufactured according to customer specifications or are clearly tailored to personal needs.
This applies, for example, to special cuts for fabrics / tulle, paints which are mixed for the customer, products which are individually printed for the customer, products which have been individually packed or packaged for the customer.
We accept the following payment methods:
- Credit card (Visa, Mastercard)
In the case of payments using a credit card, the amount charged will be debited on the day the order is placed. When paying by credit card, the customer is required to provide the following details: cardholder’s name, card number, credit card company, expiry date, CVV code. Also, the Mastercard Securecode/Verified by Visa Code can be requested if it has been specified for the card. The information is transmitted using SSL encryption with at least a 128-bit key and is consequently not accessible to unauthorized parties.
Credit card payments are handled by Heidelpay Payment GmbH: https://www.heidelpay.com/en/imprint/
We only receive confirmation of the payments from Heidelpay and have no access to credit card details! We do not process or store any credit card information, please do not send us your card details by email.
- PayPal (Visa, Mastercard, bank transfer and other country-specific payment methods)
PayPal payments are processed through PayPal (Europe) S.à r.l. et Cie, S.C.A. You can find their terms and conditions and further information in this link: https://www.paypal.com/at/webapps/mpp/ua/legalhub-full?locale.x=en_AT
We only receive a confirmation of the payments from Paypal and have no access to your credit card or bank account information!
- Sofortüberweisung (Germany, Austria)
The Sofort GmbH (part of the Klarna Group) offers the method of payment Sofortüberweisung. You can find more information in this link: https://www.klarna.com/sofort/
You need your online banking access (PIN/TAN) to pay with Sofortüberweisung (instant bank transfer). We will receive an immediate confirmation of the payment and can dispatch the goods without delay.
- Amazon Pay
You can pay with your Amazon account. We only receive confirmation of payment from Amazon Pay, and have no access to your credit card or bank details! We can ship immediately after the payment has been made. Further information: https://pay.amazon.com/uk/shopper
- Bank transfer before delivery
You can transfer the amount charged to our bank account within 1 week of placing the order: Payment Methods and Bank Details
We will ship the goods upon receipt of the payment. Please note that a bank transfer may take several days, especially on weekends or holidays. In urgent cases, we always recommend the payment methods mentioned above (credit card, instant transfer, PayPal).
7. Payment delays
In the event of a delay of the payment by the customer, we are entitled to claim late payment interests as stipulated by law.
The legal interest on late payments between consumers and businesses is 4 (four) percentage points above the base rate.
8. Dunning and debt collection charges
In the event of late payment (even in the case of a delay not caused by the customer's fault), the customer is obliged to reimburse the reminder and collection charges, to which we are entitled as they are necessary for appropriate legal proceedings and proportionate to the claim: when consulting a debt collection agency, the customer is required to reimburse us for the resulting costs, provided that they do not exceed the maximum collection agencies’ fees.
If we carry out the dunning procedure ourselves, the debtor agrees to pay an amount of EUR 12.00 per reminder and an amount of EUR 5.00 per semester for keeping record of the debt situation in the dunning process.
9. Delay in the receipt of goods
Given a delay in acceptance/receipt of goods by customers who have ordered as businesses, we are allowed to store the items in our warehouse and charge a storage fee of EUR 1 per calendar day or part of a day. At the same time, we will insist on the execution of the contract.
10. Retention of property rights
We reserve the right to ownership of the service or goods delivered or of the media processed or created by us until all payments resulting from the commercial relationship with the customer have been received. If the customer resells goods subject to a retention of proprietary rights, he is also obliged to transfer the retention. The customer must notify us immediately of any access by third parties to our retained goods. Pledging, security assignments and similar, of the goods are only permitted with our prior consent.
In the case of delayed payments, if the payment is not made promptly after its reminder, the goods subject to retention must be returned immediately. The customer is responsible for the return costs.
The protection of your personal data is a special concern of ours. We will only process your data in accordance with the legal regulations (GDPR, Austrian Telecommunications Law 2003). You will find our complete data protection declaration in the menu section Data Protection.
12. Guarantee, liability, warranty
The warranty is based on the statutory provisions. It is limited to the statutory period of 24 months from the date of reception of the goods by the buyer or, in the case of services, from the date of completion of the service. In the case of justified complaints about defects, either free replacement or improvement shall be carried out, for which a reasonable period of time must be granted. If an replacement or improvement is not considered (not possible, too much effort, unreasonable, delay etc.), then the buyer is entitled to a price reduction or, if the defect is not insignificant, cancellation of the contract (rescission).
Any defects on the goods are to be reported as soon as possible upon delivery or when they become visible. However, failing to make such notification at the time of delivery or after a consumer's inspection does not affect the warranty. If the purchase is a commercial transaction (B2B), the customer must notify us if any defect or damage is found within 2 weeks after receipt of the goods.
Our company is only liable for damages caused by intent and gross negligence. This does not apply to personal injury or consumer business. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation of (defect) consequential damages, as well as other material damages, financial losses and damages of third parties against the customer, as far as it is not a consumer business, is excluded. Our company, as the operator of the web shop named in the imprint, provides the services with the greatest care, but is not liable for the services provided by third parties or purchased from third parties.
The guarantee must be lodged with the guarantor (manufacturer/sometimes with the seller, if the latter is the manufacturer) and is given in accordance with its regulations. Please refer to the contract confirmation for any warranty conditions. The use of the guarantee does not limit the legal warranty.
When shipping the goods to consumer businesses, the responsibility for loss of or damage to the goods shall not pass to the consumer until the goods are delivered (to the consumer or to a designated third party). If, however, the consumer has concluded the contract of delivery himself, without taking into consideration the options proposed by us, the responsibility passes to the carrier upon delivery of the goods.
13. Applicable law, place of jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer lives, has residency or is employed in the country, it may be justified to bring an action against him only in the jurisdiction of the court of the country of residence, ordinary residence or place of employment; this does not apply to disputes that have already occurred. The UN Sales Convention and all the provision relating to the UN Sales Conventions are expressly excluded.
For contracts with businesses, our registered office is the place of jurisdiction.
14. Place of performance for businesses customers
The place of performance for all services under the contract is our registered office.
All news, graphics and the design of our website serve exclusively for informative purposes to our customers and are protected by copyright. Our product images and texts cannot not be used online (e.g., in other webshops/resale of products) or offline (e.g., in product catalogues) - unless we agree to their use in writing in particular cases.
Product images in particular may contain protected content from third parties (e.g., Shutterstock) which is licensed exclusively for the use in our shop.
Texts in our shop should not be used in other web pages as this can lead to problems with search engines like Google (Duplicate Content).
If you want to present our products:
- Take your own photographs of them
- Describe them in your own words
- Link our webshop page e.g. on Facebook or in other networks
- Ask us if you have any questions: firstname.lastname@example.org
16. Conciliation board
We are committed to participating in the Internet Ombudsmann's arbitration procedures in the event of disputes:
Further information on the types of proceedings can be found at www.ombudsmann.at or in the relevant procedural guidelines:
Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG-Mediation Procedure)
Guidelines for the conciliation procedure with the Internet Ombudsman outside the scope of the AStG (standard procedure)
The OS platform can also be used to resolve disputes with our company: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Our email address: email@example.com
Delivery is made by DPD, DHL or UPS. More information can be found here: https://www.eventlights.shop/en/shipping-costs
18. Shipping costs
The shipping costs can be found here: https://www.eventlights.shop/en/shipping-costs
19. Storage of the contract
The text of the contract is stored by us and can be requested by you after completing the order process. You can print the order details immediately after submitting it. You can either use the subsequent page "Your order" or the email "Confirmation of receipt".
Claims for compensation within the meaning of the Product Liability Act are excluded, unless the claimant proves that the error was caused in our area of responsibility and by gross negligence. The contractual partner waives the possibility of offsetting. However, this does not apply to consumers. We recommend that declarations, notifications, etc. directed to us -with the exception of notifications of defects- are addressed in writing.
Voluntary code of conduct: https://www.guetezeichen.at/zertifikate/shopzertifikat/wwweventlightsat/
You can check our e-commerce trust mark here: https://www.guetezeichen.at/zertifikate/shopzertifikat/wwweventlightsat/