T&C’s

General Terms and Conditions with Customer Information

The following GTC also contain statutory information about your rights under the regulations on distance contracts and electronic commerce.

Further Information:
Imprint
Privacy Policy

1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects and Guarantee
9. Liability
10. Right of Withdrawal
11. Exclusion of the Right of Withdrawal
12. Returns
13. Storage of the Contract Text
14. Data Protection
15. Jurisdiction, Applicable Law, Contract Language

1. Scope of Application

1.1. The following General Terms and Conditions exclusively apply to the business relationship between Lambert Hofer 1862 GmbH (hereinafter “Seller”) and the customer (hereinafter “Customer”) in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints, and claims on weekdays Mon.-Thurs. 08:00 – 12:00 and 13:00 – 17:00, Fri. 08:00 – 12:00 at the telephone number (+43)-1-740.90.0 or by e-mail at office@lamberthofer.at.
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
1.4. Deviating conditions of the Customer are not recognized unless the Seller expressly agrees to their validity in writing.

2. Offers and Service Descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the Seller’s websites do not have the character of a promise or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted for the products. Errors and omissions are reserved.

3. Order Process and Contract Conclusion

3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the [Add to Cart] button.
3.2. Subsequently, the Customer can proceed to complete the order process within the shopping cart via the [Proceed to Checkout] button.
3.3. By clicking the [Buy] button, the Customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. Mandatory fields are marked with an asterisk (*).
3.4. The Seller then sends the Customer an automatic acknowledgment of receipt by e-mail, listing the Customer’s order again, which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller ships the ordered product to the Customer within 2 days, hands it over, or confirms the shipment to the Customer within 2 days with a second e-mail, explicit order confirmation, or by sending the invoice.
3.5. If the Seller enables advance payment, the contract is concluded upon provision of the bank details and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, despite being due and after a renewed request, the Seller withdraws from the contract, resulting in the order becoming void and the Seller having no obligation to deliver. The order is then concluded for both the Buyer and the Seller without further consequences. Reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.

4. Prices and Shipping Costs

4.1. All prices stated on the Seller’s website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on the shipping costs page and during the order process.

5. Delivery, Product Availability

5.1. If no copies of the product selected by the Customer are available at the time of the order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller refrains from issuing a declaration of acceptance. In this case, a contract is not concluded.
5.2. If the product specified by the Customer in the order is temporarily unavailable, the Seller will also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. The Seller will promptly refund any payments already made by the Customer. If advance payment is agreed, delivery will take place after receipt of the invoice amount.

6. Payment Terms

6.1. The Customer can choose from the available payment methods during and before completing the order process.
6.2. If payment by invoice is possible, payment must be made within [30 days] after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are entrusted with payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.4. If the payment due date is determined by the calendar, the Customer is in default by missing the deadline. In this case, the Customer must pay default interest at a rate of 5 percentage points above the base interest rate.
6.5. The Customer’s obligation to pay default interest does not preclude the Seller from claiming further damages for default.
6.6. The Customer is only entitled to offset if their counterclaims have been legally established or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims arise from the same contractual relationship.

7. Retention of Title

The delivered goods remain the property of the Seller until full payment has been made.

8. Warranty for Defects and Guarantee

8.1. The warranty is governed by statutory provisions.
8.2. A guarantee exists for the goods delivered by the Seller only if expressly stated.

9. Liability

9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to other statutory claim requirements.
9.2. The Seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract’s purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies. In this case, however, the Seller is only liable for foreseeable, contract-typical damages. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body, or health, for a defect after a guarantee for the product’s quality has been assumed, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10. Right of Withdrawal

– Start of the Withdrawal Notice for Consumers –

Withdrawal by Explicit Written Declaration

Every Customer may withdraw from the concluded contract within 14 days after receipt of the goods by sending a written withdrawal declaration without stating reasons. It is sufficient if the withdrawal declaration is sent within this period (the date of the postal receipt is decisive). In this case, the Customer is obliged to return the goods immediately and verifiably. The return shipping costs (postage) are to be borne by the Customer. If the goods have been used and/or damaged, the Customer must pay reasonable compensation for the use, including reasonable compensation for the damage incurred – up to the value of the goods – to the Seller. The withdrawal declaration must be sent to the following address:

Lambert Hofer 1862 GmbH
Simmeringer Hauptstraße 28, 1110 Vienna
Phone: +43 1 740 90 0
E-Mail: office@lamberthofer.at

A withdrawal can also be asserted using the withdrawal form provided here. Here, too, the timely sending of the form by post or e-mail is decisive.

Withdrawal by Simple Return of the Goods

The Customer may also exercise their right of withdrawal by simply returning the goods to the Seller within 14 days of receipt without a written withdrawal declaration. In this case, it is sufficient if the goods are verifiably sent within the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are neither damaged nor used and that the return is sufficiently franked. Only in the case of incorrect or defective delivery does the Seller bear the return shipping costs (postage).

The risk and proof of return lie with the Customer in each case. In the event of a withdrawal by the Customer (by explicit declaration or simple return of the goods), the Seller will immediately refund the purchase price already paid – shipping costs are not refunded. In the case of an order on open invoice, a credit will be issued to the Customer’s account.

– End of the Withdrawal Notice for Consumers –

11. Notes on the Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.

12. Returns

12.1. Customers are requested to report the return to the Seller [Insert: phone number and/or e-mail address and/or contact page] before returning to announce the return. This enables the Seller to assign the products as quickly as possible.
12.2. Customers are requested to return the goods as a franked package to the Seller and to keep the proof of dispatch. The Seller will reimburse the Customer for the postage costs in advance upon request, provided these are not to be borne by the Buyer themselves.
12.3. Customers are requested to avoid damage or contamination of the goods. The goods should, if possible, be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the Seller’s possession, another suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage resulting from inadequate packaging.
12.4. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal pursuant to No. 10 of these GTC.

13. Storage of the Contract Text

13.1. The Seller stores the contract text of the order. The GTC are available online. The Customer can print the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order process.
13.2. The Seller also sends the Customer an order confirmation with all order details to the e-mail address provided by them. Furthermore, the Customer receives a copy of the GTC with their order.

14. Data Protection

14.1. The Seller processes the Customer’s personal data for specific purposes and in accordance with statutory provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) is used by the Seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery, and payment process.
14.3. The Customer has the right to request free information about the personal data stored about them by the Seller. Additionally, they have the right to rectification of incorrect data, blocking, and deletion of their personal data, provided no statutory retention obligation opposes this.
14.4. Further information about the nature, scope, location, and purpose of the collection, processing, and use of the required personal data by the Seller can be found in the Privacy Policy.

15. Jurisdiction, Applicable Law, Contract Language

15.1. The place of jurisdiction and performance is the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
15.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations preclude such application.
15.3. The contract language is German.