Legal information

General terms

Issued: June 2009

General terms for goods and services provided by the online-shop at www.engelsymbole.com of Lichtpunkt & Ekonja – publishing Ingrid Auer GmbH, Wienerstraße 49, 3300 Amstetten, Austria, represented by the managing director Ingrid Auer (self-employed), e-mail: office@engelsymbole.com, Tel: +43(0)664 48 00 676, Fax: +43(0)7472 69172, value added tax identification number: ATU 623 07 257, company register number: FN 273130m, type of business: trade in all kinds of goods, publishing, member of the Austrian Chamber of Commerce.

Lichtpunkt & Ekonja – publisher Ingrid Auer GmbH is also service provider, media owner and publisher of the website ww.engelsymbole.com

1. scope

For all offers, orders and deliveries in connection with the website www.engelsymbole.com of the Lichtpunkt & Ekonja – publishing Ingrid Auer GmbH (in following “Lichtpunkt” for short) these General Terms and Conditions shall apply as from 1st January, 2009. Arrangements differing from these conditions, will not be accepted, unless there is an expressly written confirmation from Lichtpunkt.
With your order, you guarantee that you are fully contractually liable as a customer and that you have given your true identity to Lichtpunkt with correct information.

2. Order / delivery

A binding contract only exists between the customer and Lichtpunkt. By clicking the button “send booking”, you place an obligatory order. The customer gets an automatic confirmation by e-mail, that Lichtpunkt has received the order; the General Terms and Conditions are attached to the e-mail of confirmation.

NOTE: this confirmation is not an acceptance of the order by Lichtpunkt!

The acceptance of the order by Lichtpunkt only takes place at the moment the goods have been dispatched and at the commencement of the service. Lichtpunkt reserves the right to refuse orders which do not correspond with point 1 of these General Terms and Conditions. Orders are handled at the latest 30 days after the order by Lichtpunkt, unless Lichtpunkt does not accept the order. Exceptions are individually produced items, which may have a linger delivery time. If Lichtpunkt is not able to execute an order, because the ordered product or service is unavailable, Lichtpunkt will immediately tell the customer and refund payments already made.

The same applies when Lichtpunkt refuses the order.

The contractual text of the order is automatically stored by Lichtpunkt.

3. Shipping

By selecting the means of delivery, the customer also approves that means of delivery; the dispatch takes place from the moment of the transfer of the goods to the relevant mail order firm at the risk of the customer.
Any information on delivery times shall not be binding unless confirmed by us in writing. In the event of delayed delivery, the customer is not entitled to receive compensation, except in the event of malicious intent or gross negligence.

4. Prices / payments / deliveries

Prices are listed at the time of order; all prices on the website are noncommittal, non-binding and can be changed at any time. For the attentive viewer the prices can be easily read and chosen; all prices include the Austrian sales tax (as gross prices). Deliveries to Switzerland are not included. They are billed V.A.T. free. Delivery is charged per shipment. We deliver only to the delivery address indicated by the customer.

Payment for the ordered goods can be made by credit card and takes place according to the mode of payment indicated in the order. The payment is due without delay at the time of order. Lichtpunkt reserves the right to charge a processing fee for certain payment methods and to exclude specific methods of payment.

In the event of delay of payment the legal interests apply as agreed.

The customer is obliged to bear all costs relating to the encashment of claims of Lichtpunkt and expenses, especially tariff-fixed collection and dunning costs for asserting the respective legal rights, such as, for example, reminders.

5. Warranty and liability

Lichtpunkt is trying to keep product information as precise and detailed as possible. Variations between the product illustration and the delivered product, however, are possible. Especially after renewal of the range by the manufacturer, changes in the look and components of products are possible. These alterations are not to be considered as defects, if reasonable.
If the delivered goods or service is defective, the customer – at their discretion – can claim repair or replacement. If the repair has failed, the customer can demand an appropriate reduction in purchase price or the rescission of the contract. The warranty period is 2 years commencing at the delivery of the goods or the commencement of the service.

Lichtpunkt is not liable for the availability of the website and – excepting personal injury – for own actions and assistants, which have not been incurred by gross negligence; the amount guaranteed is limited by the consideration of Lichtpunkt. The compensation for indirect damage to the customer, pecuniary losses, unrealised savings, loss of interests and claims of a third party are excepted.

The customer is responsible for choosing their preferred means of communication, so that Lichtpunkt is not liable for transmission errors and such. The customer must bear all risks of loss and change of transmitted data until or from Lichtpunkt’s network interface.

We are not liable for the contents of linked websites.

6. Title retention

We reserve the title to the goods until full payment is made.

7. Right of withdrawal

Customers, according to consumer protection law, can withdraw from the contract with Lichtpunkt within seven working days (whereby Saturdays, Sundays and public holidays are not classified as working days) of receiving the goods or the signing of a contract for services. In case of withdrawals, the purchase price is refunded in instalments upon the return of the received goods. The cost of returning the goods is to be borne by the customer – the original packaging and the same means of delivery is to be used. In case of withdrawal, Lichtpunkt reserves the right of enforcing the reduction of value for packaging and goods that have been damaged outside the return process.

If the price to be paid is completely or partly financed by a Lichtpunkt loan, the withdrawal in due time is also a withdrawal from the loan agreement.

The withdrawal from contracts for goods and services of Lichtpunkt excludes:

a) Services whose execution is started as agreed, within seven working days, beginning with the date the contract was concluded,

b) Goods, which have been clearly tailored to the customer’s personal needs, such as personal symbols, individually manufactured candles or jewellery,

c) Goods, which, due to their condition, are not suitable for return, like opened essence or oil bottles, relief pictures and hand-made symbols,

d) Published products, audio and video recordings, if they have been unsealed by you, and

e) Home deliveries or leisure-services, within the meaning of deliveries of food, beverages and other household items intended for everyday consumption, supplied to the home of the consumer, to his residence or to his workplace by regular roundsmen by Lichtpunkt, as well as services in the fields of accommodation, transport, catering or leisure services, where Lichtpunkt undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

8. Applicable law and place of jurisdiction

Austrian law applies exclusively under the exclusion of the conflict of laws and the UN-purchase law.

The exclusive court of jurisdiction for all demands concerning business relations, is for non-consumers the regional court in St.Pölten, as commercial court. Lichtpunkt is entitled to file a lawsuit at the court of the customer’s place of residence.

9. Data security statement

Personal data will be treated in confidence. The personal data which is necessary for processing the business is securely stored and passed on to associated companies, where this is absolutely necessary.

Other data than those necessary to fulfil the contract, will not be transferred.