GENERAL TERMS AND CONDITIONS
General terms and conditions of LEITERVISION, Hans-Jörg Leiter Handelsagentur
General terms and conditions and consumer information as part of sales contracts, which are concluded in the web shop and order forms between LEITERVISION, Hans-Jörg Handelsagentur, mentioned below as "provider" and the customer, mentioned below as "consumer".
1. Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the provider and the customer at the time of the conclusion of the contract. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing.
(2) The customer is either a consumer or an entrepreneur. He is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. On the other hand, the customer is an entrepreneur if it is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity.
2. Formal contract
(1) All offers in the webshop and the provider's order forms are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer first receives a confirmation of his order from the provider, usually by email (order confirmation). This does not yet represent the acceptance of the order. After receipt of his order, the provider will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days.
The ordering process in the provider's web shop works as follows:
(2) The customer can select products from the provider's range and collect them in a so-called shopping cart using the “Add to shopping cart” button. With the button “Go to the checkout” he submits a binding application to purchase the goods in the shopping cart.
When the customer presses the “Submit order” button, the customer undertakes to pay for the goods selected by the customer. Furthermore, the customer confirms with the button "Submit order" that he has read and accepted the general terms and conditions as well as the data protection guidelines of the provider. Before submitting the order, the customer can change and view the data at any time.
(3) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The further procedure is as described in point (1).
(4) The customer undertakes to truthfully and properly submit his email address as well as all data necessary for placing the order (name, address, telephone number, etc.) so that the legal transaction can be concluded.
3. Object of the contract, condition, delivery, availability of goods, right of return
(1) The object of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation, at the final prices specified in the web shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the web shop. Images on the website may only show the products inaccurately; in particular colors can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the provider.
(3) If no copies of the product, selected by the customer, are available at the time of the customer's order, the provider shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product, specified by the customer in the order, is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract.
In doing so, he will immediately reimburse any payments already made by the customer.
(5) Right of return: see point 11 of the consumer's right of withdrawal
4. Reservation of title
The delivered goods remain the property of the provider until full payment has been made.
5. Delivery, prices, shipping costs
(1) All prices declared on the website of the provider are final prices - they include the legal value added tax. Depending on the country of delivery, the prices in the shopping cart may vary due to the VAT rates applicable in the country of delivery.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer. If the prices are not listed, please contact the provider if necessary.
(3) The goods are dispatched by post or parcel service.
(4) No liability is accepted for late deliveries and damage caused by the supplier (transport company).
(5) There is the possibility of partial deliveries.
(6) Within Austria and Germany, the delivery time is between 3 and 5 working days. The buyer is advised of any deviating delivery times.
(7) For deliveries abroad, the delivery time is between 5 and 12 working days. The buyer is advised of any deviating delivery times.
6. Payment methods
(1) The customer is offered the following payment options:
Immediately - in advance
(2) Payment of the purchase price is due immediately upon delivery (prepayment) or upon receipt of the invoice.
7. Warranty and liability for defects
The customer's claims due to defects in the purchased item are based on the statutory regulations within the statutory deadlines. The following applies differently:
(1) For consumers:
For consumers, the limitation period for claims for defects in new goods is two years from receipt of the goods by the customer.
(2) For entrepreneurs:
For entrepreneurs, an insignificant defect does not justify any claims for defects.
In the event of a defect, the seller chooses the type of repair.
The limitation period for defects of one year from the transfer of risk applies to new goods.
In the event of liability for defects through replacement delivery, the limitation period does not start again.
(3) The statutory limitation periods for the right of recourse remain unaffected for entrepreneurs. This also applies to both entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect.
(4) For consumers and entrepreneurs, the limitations of liability from points 8.1 and 8.2 do not relate to claims for damages and reimbursement of expenses that the customer can assert due to defects in accordance with the statutory provisions. Item 8 applies to such claims. Exclusion of liability.
(5) In the event that the customer is an entrepreneur within the meaning of Section 1 of the UGB, he must comply with the commercial inspection and notification obligation in accordance with Section 377 of the UBG. In the event of the customer failing to comply with the obligation to give notice of defects, the goods are deemed to have been approved.
(6) In the event of a repair by means of a replacement delivery, the customer undertakes to return the goods he has complained about within 30 days at the seller's expense. The return of the defective goods is based on the statutory provisions.
(7) The assignment of claims for defects by the customer to third parties is excluded.
(1) The provider is only liable to the customer for damage that can be proven to be his fault in the event of gross negligence. This also applies mutatis mutandis to damage caused by third parties called in by the provider. In the event of culpable personal injury, the provider has unlimited liability.
(2) Liability for indirect damage - such as lost profit, costs associated with business interruption, loss of data or claims by third parties - is expressly excluded.
(3) If the provider performs the contract with the supply of third parties and in this context warranty and / or liability claims arise against these third parties, the provider assigns these claims to the customer. In this case, the customer will give priority to these third parties.
(4) Insofar and as long as there are obligations as a result of force majeure, such as war, terrorism, natural disasters, pandemics, fire, strikes, lockouts, embargo, sovereign interventions, failure of the power supply, failure of means of transport, failure of telecommunications networks or data lines Changes in the law affecting the performance of the contract after the conclusion of the contract or other unavailability of products cannot be fulfilled on time or properly, this does not constitute a breach of contract.
9. Offers are valid as long as the goods are in stock or the promotion has ended. We reserve the right to make typographical errors and price errors.
10. Contract language
As contract language german will be available exclusively.
11. Consumer's right of withdrawal
The following right of withdrawal only applies to consumers within the meaning of the KSchG (Consumer Protection Act) or FAGG (the Distance Selling Act):
Consumers have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which the consumer or a third party named by him, who is not the carrier, has or has taken possession of the goods.
To exercise the right of withdrawal, the consumer must contact:
Tel: 0043 699 183 17 888
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. He can request the cancellation form from the provider for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the consumer to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If the consumer cancels this contract, the provider has all payments received from the consumer, including delivery costs (with the exception of the additional costs that result from the fact that he uses a different type of delivery than the cheapest standard delivery offered by the provider has chosen) to repay immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract was received by the provider. For this repayment, the provider uses the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with the consumer; in no case will he be charged any fees for this repayment.
The provider can refuse the repayment until he has received the goods back or until the consumer has provided evidence that he has sent the goods back, whichever is earlier.
The consumer must return or hand over the goods to the provider immediately and in any case no later than fourteen days from the date on which he informed the provider of the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of fourteen days has expired.
The consumer bears the direct costs of returning the goods. He only has to pay for any loss in value of the goods if this loss in value is due to handling of the consumer that is not necessary to check the nature, properties and functionality of the goods.
End of the cancellation policy
12. Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He observes the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) A revocation is possible at any time in writing.
(4) When registering for a newsletter, the customer's email address will be used for advertising purposes with their consent until the customer unsubscribes. You can unsubscribe at any time.
Transfer of personal data:
The customer data is passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, the provider forwards the payment data to the credit institute commissioned with the payment.
Right of providing information:
According to the Federal Data Protection Act, the customer has the right to free information about his stored data and, if necessary, the right to correct, block or delete this data. The customer can send an email to firstname.lastname@example.org or inform the provider of his request by post.
Contact person for data protection:
The customer can contact: Email: email@example.com for questions about the collection, processing or use of personal data, for information, correction, blocking or deletion of data and the revocation of consent given
The customer can also find any contact details in the provider's imprint.
13. Final provisions
(1) Austrian law applies. The UN sales law is excluded. The place of performance is the registered office of the provider's company. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the corporate customer is the local court for our registered office.
(2) Important note!
We are legally obliged to inform you that the technology used and the procedure based on it does not constitute a curative treatment, although both could be assigned to the field of alternative medicine, such as homeopathy or bioresonance. The use of LEITERVISION products is therefore in no way a substitute for medical diagnosis and treatment. All publications are statements and experience reports from satisfied users of this technology.
Status: July 2nd, 2021