Terms and Conditions
lackenau – Bekleidung & Atelier eU
Katrin Angela Pichler BA
Clusiusgasse 2/14
1090 Vienna
Austria
E-Mail: atelier@lackenau.com
Tel: +43 650 274 88 44
UID: ATU78710101
Bank details: Raiffeisenlandesbank NOE/Vienna
IBAN: AT61 3200 0000 1146 8071
BIC: RLNWATWW
- Scope and definitions
The following general terms and conditions (GTC) in the version valid at the time of the respective order apply exclusively to the business relationship between the registered sole proprietorship lackenau - Bekleidung & Atelier eU (hereinafter "lackenau") and the customer (hereinafter "customer"). Conflicting and other general terms and conditions as well as other conditions of the customer are expressly rejected, regardless of their name. Deviating terms and conditions only apply with the express written consent of lackenau. Individual agreements made with the customer in individual cases must be in writing and confirmed in writing by lackenau.
- conclusion of the contract
The offers and goods contained on the lackenau website represent a non-binding invitation to the customer to order from lackenau. All offers are subject to change and can be changed without prior notice to the customer. By submitting the completed order form on the Internet, the customer makes a binding offer to conclude a purchase contract or work contract. lackenau then sends the customer an order confirmation by email and checks the offer for its actual feasibility. An order is only possible if all mandatory fields (marked with *) in the order form are filled in. If lackenau cannot fulfill the order due to missing information or other reasons, the customer will receive a notification. Before the order is finally submitted, the customer has the opportunity to correct their order. The customer receives supporting information directly during the ordering process.
The order confirmation does not represent acceptance of the offer, but is only intended to inform the customer that his order has been received by lackenau. lackenau reserves the right to refuse to conclude a contract; the decision on this is at the sole discretion of lackenau. The purchase contract is only concluded when lackenau sends the ordered product to the customer and confirms the shipment to the customer with an email (shipping confirmation). No contract is concluded for goods that are not shipped.
- prices and shipping costs
The purchase prices stated are in EURO and are final prices, plus shipping costs.
A flat rate will be charged for packaging and shipping, which must be borne by the customer.
Within Austria: Shipping is free for orders over 200 EUR. For orders under 200 EUR, a flat shipping fee of 4.90 EUR will be charged.
• Europe-wide: Shipping is free for orders over 200 EUR. For orders under 200 EUR, a flat shipping fee of 11.90 EUR will be charged.
Additional costs may apply for cross-border deliveries.
The customer must also bear all import and export costs as well as any customs duties, fees and charges. Any foreign bank charges must also be borne by the customer. Customs duties, fees and charges as well as handling fees of the carrier will not be refunded to the customer in the event of a return.
- payment
The purchase price and shipping costs are due immediately upon conclusion of the contract without deduction.
Customers can pay for their order at lackenau in advance, via PayPal, Visa, Mastercard, Apple Pay. lackenau only accepts the payment methods shown to the customer during the ordering process. All payments and credits are processed exclusively in EURO.
- retention of title
The goods subject to the contract remain the property of Lackenau until the purchase price has been paid in full. In the event of breach of contract, in particular in the event of late payment or resale of the goods before the purchase price has been paid in full, Lackenau reserves the right to assert claims for compensation.
- Delivery, delivery times, product availability, shipping
Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. Information about delivery times is non-binding. The goods are usually dispatched within 3 working days. Individually agreed delivery times are only binding if they have been expressly confirmed as such by lackenau in writing. An agreed delivery time is deemed to have been met if the goods have been dispatched by the deadline.
In the event of delays in delivery due to force majeure or other reasons for which Lackenau is not responsible, Lackenau will inform the customer immediately. At the same time, Lackenau will set the customer a new, reasonable delivery period based on the respective circumstances.
If the goods are not available within the new delivery period due to reasons for which Lackenau is not responsible, or if the new delivery period extends the agreed delivery period by more than 1 month, both parties can withdraw from a concluded contract in whole or in part in writing (by post or email). Lackenau will immediately reimburse the customer for any consideration already provided. However, further claims by the customer are excluded.
lackenau is entitled to make partial deliveries of goods. lackenau will inform the customer of this before dispatch. If part of the goods ordered by the customer is temporarily or permanently unavailable, this part of the order will be cancelled. The shipping confirmation only lists the parts of the order that are actually available. This means that a contract is only concluded for the available goods listed in the shipping confirmation. A contract is not concluded for parts of the order that are not available.
Shipping is carried out by a shipping service provider selected by Lackenau. The customer is responsible for paying a flat rate for shipping. This may depend on the order value and the delivery address. The risk of damage is transferred to the carrier when the goods are handed over to the carrier, otherwise when the customer defaults on acceptance. If the customer receives goods that are obviously damaged during transport, he can make use of his right to a warranty. Please complain about the damaged goods immediately to Lackenau or the supplier who delivered the items.
- Cancellation and return
Customers have the right to withdraw from the contract within 14 days of receiving the ordered goods without giving any reason. The withdrawal must be made in writing (email or return form on the website). To exercise the right of withdrawal, lackenau must be informed by the customer of his decision to withdraw from this contract by means of a clear, written declaration.
It is sufficient if the declaration of withdrawal is sent within the deadline. In the event of withdrawal, a full or partial refund of the purchase price will only be made in return for the return of the goods received by the customer. Special and made-to-measure items ordered by the customer are excluded from the right of withdrawal.
When exercising the right of cancellation, the customer is obliged to return the goods. The customer must return the goods to lackenau immediately (at the latest within 14 days from the day on which the customer sent the notification of cancellation to lackenau). In this case, the customer bears the costs of the return shipment, unless the goods delivered do not correspond to the goods ordered. The customer must return the goods in an unused and re-saleable condition as "new" and in the original packaging. For items that show signs of use, lackenau will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned. If damaged or used goods are returned, lackenau expressly reserves the right to assert claims for compensation.
To avoid the package getting lost, we expressly ask that you send the package insured and with a tracking number. If the goods are returned carriage forward, Lackenau is entitled to retain or invoice the corresponding amount.
If the customer exercises their right of withdrawal lawfully, Lackenau will refund any payments already made within 14 days. Shipping costs already paid will only be refunded if the entire order is returned. The period begins when the goods are dispatched.
- colors and images
Color deviations between the colors shown on the website and the actual colors of the models may occur depending on the color reproduction of your screen. lackenau therefore does not guarantee that the colors shown on the website correspond to the actual colors of the models.
We always strive to depict our products as faithfully as possible to the original and therefore try to present product features and quality (such as material, workmanship, structure, size, etc.) as accurately as possible.
- Warranty and Liability
If there are any defects in the clothing, lackenau adheres to the statutory warranty regulations. Obvious material or manufacturing defects in delivered items, including transport damage, must be reported immediately in writing (email, return form on the website) to lackenau or the supplier who delivered the items.
Customary or technically unavoidable material-related deviations in the quality, color, size or design of the goods are irrelevant. In the case of such or other minor defects, there is no claim to a warranty. The customer has the opportunity to prove that the deviations mentioned are significant for him.
The customer has no warranty rights if the goods have been modified by the customer or by unauthorized third parties. There is also no right to a warranty if defects have arisen due to external influences, operating errors or failure to follow the care instructions provided by lackenau.
Unless otherwise stated below, any further claims by the customer - regardless of the legal grounds - are excluded. Lackenau is therefore not liable for damage that did not occur on the delivery item itself. In particular, Lackenau is not liable for lost profits or other financial losses suffered by the customer.
The customer must make the warranty claim to lackenau in writing (via return form or email), stating the order number, his name and address, and briefly stating the reasons. At lackenau's request, the customer must then return the defective goods to the address given at the top of the page for inspection at lackenau's expense and risk. The customer must return the goods to lackenau in their original packaging and in the complete delivery condition.
- choice of law, effectiveness
All contracts and agreements between lackenau and the customer are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance is Vienna, Austria.
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.