LANDLUVT - The smell of your country

Terms and Conditions

Status: 05.03.3021

1. Validity

1.1 These General Terms and Conditions (“GTC”) shall apply to any use of this website (“https://www.landluvt.com”). In particular, these GTC shall apply to every order and to all other business relations between LANDLUVT, Mozartstr. 5, A-5230 Mattighofen, and the customer concerning the products ordered by the customer in the online store https://www.landluvt.com, of whatever kind. The present provisions of the GTC shall be in accordance with the current version. In the event of changes to these GTC, the version published on our website at the time of the order shall apply.

1.2 “Consumer” means a consumer within the meaning of the Consumer Protection Act (KSchG) and therefore a natural or legal person who is not an entrepreneur. “Entrepreneurs” are natural or legal persons or partnerships with legal capacity for whom the subject contract is part of the operation of their business. Businesses are any permanently established organizations of independent economic activity, may they also not be aimed at profit. “Customers” are exclusively consumers.

1.3 This document may be printed, saved and downloaded as a PDF file. Deviating, conflicting or supplementary terms and conditions, even if known, will not become part of the contract, unless their validity is expressly agreed to by us in writing.

2. Links, references and rights

2.1 All information on this website has been carefully researched, nevertheless we cannot completely exclude errors or spelling mistakes. Links and references to external sites are only signposts. We do not identify ourselves with the content of external sites linked or referred to. Any liability on our part for linked/referenced pages exists only in accordance with § 17 of the E-Commerce Act. If illegal content should be detected on a linked/referred page, we request notification and will delete the link/reference after examination.

2.2 We reserve all rights, in particular trademark and copyright, in the entire content of this website, including but not limited to trademarks, logos, text, graphics, photographs, videos and layout. Unless the use is permitted by law, any use of the contents of this website, in particular storage in databases, reproduction, distribution or processing requires our prior written consent. All product images are symbol images.

3. Conclusion of contract

3.1 Our offers are subject to change and non-binding. Technical as well as other changes remain reserved within the scope of what is reasonable. Orders in the online store can be placed exclusively via the Internet using the interface set up at “https://www.landluvt.com” and exclusively in the languages available there. The customer has to announce before execution of an order beside name, address, (if necessary) password, his e-mail address, over which he can receive, read, store and print our e-mails, at the place intended for it in the on-line Shop.

.

3.2 By carrying out an order in the online store by clicking the button “Order subject to payment” the customer makes a contractual offer for the goods contained in the shopping cart. We will confirm receipt of the order immediately by e-mail. However, this confirmation of receipt does not yet constitute acceptance of the offer. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly state this. We are entitled to accept the offer contained in your order within 3 working days (Monday to Friday) after receipt of the order by us, whereby this acceptance can also be made by sending the ordered goods. We are entitled to refuse acceptance of the order – for example, after checking the creditworthiness of the customer.

.

3.3 In the online store are in principle only articles orderable, which are also available. If, nevertheless, individual items are not available, we will contact you by e-mail and offer you the opportunity to select other items. If you do not select substitute articles or if you cannot be reached by e-mail, the contract shall be concluded for the articles that are available. There is no minimum order value. All merchandise is sold in household quantities only.

3.4 In the event of unavailability or only partial availability of the ordered goods, we reserve the right to refuse the order and not to perform. In this case, the customer will be informed immediately. Any consideration already received will be refunded immediately.

.

3.5 Due to the order electronically, the contract text is stored by us and sent to the customer together with the legally effective included terms and conditions, the customer information including revocation form by e-mail after conclusion of the contract.

.

3.6 For technical reasons, there may be deviations (eg color) in the delivered goods compared to the product images on our website. Therefore, the shape, color, size and weight may differ and in some cases may also be outside the product description.

4. Shipment of the goods and transfer of risk and default

4.1 We deliver exclusively to the countries listed on our website and selectable in the online order process.

4.2 Details of the process and choices from ordering in the online store to shipping can be found in the relevant overviews on our website.

.

4.3 The shipment of the goods ordered by the customer shall be carried out by us or by carriers commissioned by us (e.g. post, parcel or express service). 

4.4 The shipment is usually within 3 working days (dispatch) from contract acceptance. The customer should receive the delivery within Austria usually within 2 to 3 days and in the remaining countries selectable in the context of the online order in Regle within 5 to 10 days after the contract acceptance (shipping time). Saturdays are not considered as working days. The information about the shipping time is purely informative. If the customer needs the assurance that his order will be delivered at a certain time on the spot, it is a forward transaction. Forward transactions must be expressly agreed with us.

4.5 We are entitled to make partial deliveries at any time, provided that this is reasonable for the customer. If partial deliveries are made by us, we shall bear the additional shipping costs. In the event of delays in delivery, the customer will be informed immediately.

.

4.6 The risk of accidental loss and accidental deterioration as well as theft of the goods shall pass to the customer upon delivery of the goods to the customer or to a third party designated by the customer and different from the carrier in the case of this sale by shipment. However, the risk of accidental loss and accidental deterioration as well as theft of the goods shall in any case pass to the customer at the latest when the customer is in default of acceptance.

4.7 In the event of a delay in delivery, the customer may withdraw from the contract by setting a reasonable grace period of at least 5 working days. Saturdays shall not be considered as working days. If the provision of our services depends on the cooperation of the customer, such services are only to be provided if the customer has fulfilled his duties or obligations.

5. Prices, terms of payment, shipping costs and conditions

5.1 Only the prices on our website apply. The prices offered on the website are valid until revoked. Price quotations are subject to change and are in euros and as gross prices including all charges, in particular the applicable sales tax. Special offers for a limited period of time will be indicated as such in the context of the presentation of the individual goods on our website and/or in our print media. The customer does not incur any additional costs when ordering by using our website. We charge our shipping costs in addition to the offered prices of the respective goods.

.

5.2 More details about the shipping costs as well as the shipping conditions can be found in the relevant overview on our website at https://www.landluvt.com/bezahlung-und-versand. For information on the respective amount of the costs, you can also contact our service team at +43 664 736 31 290 or by e-mail info@landluvt.com.

5.3 The customer can pay the price by PayPal or credit card. More details about the payment options and their process can be found in the relevant overview on our website at https://www.landluvt.com/bezahlung-und-versand. The payment will be processed by our contractual partner STRIPE.com. The customer is requested to observe the general terms and conditions of STRIPE.com in the context of payment processing. Any (return) payment claims of the customer will be credited immediately to his account or credit card. We reserve the right to exclude individual payment methods.

5.4 The customer will receive the detailed invoice by e-mail.

6. Place of fulfillment

In the absence of any other agreement, our registered office is agreed as the place of performance for all services arising from this contract.

7. Reservation of ownership

We retain title to the goods until the purchase price has been paid in full. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and care work is required, the customer shall carry this out regularly at its own expense. The customer must inform us immediately in writing of any access by third parties to the goods, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer shall notify us immediately of any change of ownership of the goods and of any change of address. The customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties. We shall be entitled to withdraw from the contract and demand the return of the goods in the event of any breach of contract by the customer, in particular in the event of a breach of the above obligations. We shall be entitled to demand the immediate return of all goods subject to our retention of title if facts arise which show that the customer is experiencing payment difficulties, in particular if judicial insolvency proceedings are applied for against the customer’s assets or are dismissed for lack of assets, or if the customer is in default of payment arising from other legal transactions. The taking back by us of the goods subject to retention of title shall not be deemed to be a withdrawal from the contract, so that all our rights arising from the legal transaction, including the right to claim damages for non-performance, shall remain in force.

8. Warranty

8.1 Customary and technically unavoidable deviations (e.g. in quality, color, dimensions, equipment and design) of the delivered goods compared to the product images or descriptions on our website and/or our catalogs do not constitute a defect.

8.2 The customer has in principle the choice of whether the improvement or a replacement. We are entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high effort for us, compared to the other remedy. 

8.3 If an improvement is not possible or feasible, the customer may in principle, at his option, demand a price reduction or, provided it is not only a minor defect, rescission of the contract. 

8.4 The warranty period is two years from delivery of the goods.

8.5 We do not make any representations or warranties in the legal sense to our customers. Any guarantees given by third parties remain unaffected by this. Any warranty must be claimed from the guarantor (from the manufacturer / sometimes from the seller, if the latter is the manufacturer) and shall be governed by its provisions. By claiming the warranty, the statutory warranty is not limited.

8.6 In principle, only the manufacturer’s product description shall be deemed agreed as the quality of the goods. Public statements, praise or advertising by the manufacturer do not constitute a contractual quality of the goods.

9. Complaints

In case of complaints, please contact us at +43 664 736 31 290 or by e-mail info@landluvt.com .Our customer service is available from Monday to Friday from [08:00] – [18:00].

10. Limitation of liability and indemnification

10.1 Outside the scope of the Product Liability Act, our liability is limited to intent and gross negligence.

10.2 Our liability for slight negligence is excluded. Likewise, our liability for consequential damages, pecuniary losses, savings not achieved, loss of interest and from damages arising from third party claims against the customer is excluded.

10.3 The foregoing limitations of liability shall not apply in the event of bodily injury, damage to health or loss of life of the customer attributable to us. Likewise, if the damage results from dangers that are neither typical for the legal relationship nor were foreseeable according to the special circumstances of the individual case. Furthermore, the above limitations of liability shall not apply to damage to items handed over to us for processing.

11. Force majeure 

In cases of force majeure and other events beyond our control, such as epidemics, pandemics, operational, traffic, transport, data transfer and energy supply disruptions, strikes, lockouts, we are entitled to reasonably extend the delivery period without being in default.

12. Consumer’s right of withdrawal and consequences of withdrawal

12.1 Consumer’s right of withdrawal

12.1.1 Consumers have the right to withdraw from sales contracts without giving any reason

12.1.2 The withdrawal period is fourteen calendar days:

  • in the case of contracts for the sale of goods, from the day on which the consumer has obtained possession of the goods or
  • in the case of a multi-part order or a partial delivery, the consumer has taken possession of the last good or piece.

12.1.3 To exercise your right of withdrawal, you must notify us by sending a clear notice of withdrawal by email to info@landluvt.com  or by post or verbally (by telephone), stating your name, address and, where available, telephone number. You can use the sample form (withdrawal form) provided on https://www.landluvt.com/widerruf for this purpose. To comply with the withdrawal period, it is sufficient that you send the notice of withdrawal before the expiry of the 14-day withdrawal period.

12.1.4 Written notice of withdrawal shall be sent to the following address:

LANDLUVT
Mozartstr. 5
A-5230 Mattighofen
Austria

by e-mail to: info@landluvt.com
by phone to: +43 (0) 664 73631290
https://www.landluvt.com/widerruf

12.2 Consequences of withdrawal

12.2.1 The goods must be returned by you within 14 days from the date of your notice of withdrawal, properly packaged and accompanied by the original invoice. The withdrawal period is met if the goods are dispatched within the period.

12.2.2 The costs for the return of the goods are to be borne by you or to replace. This includes the transportation costs, and even if the shipment was made by us free of charge.

12.2.3 You shall pay us compensation for any reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. We expressly point out that you also have to pay compensation for the case that you inspect the goods yourself and / or open the goods or their packaging, although we have sent you a sample of the goods to test the quality, characteristics and operation of the goods.

12.2.4 If the restitution of the services already provided is impossible or impractical, you must pay us an amount that, compared to the total price agreed in the contract, proportionately corresponds to the services provided by us until the withdrawal.

12.2.5 We will reimburse you concurrently with the services to be rendered by you (restitution of the service received, reasonable compensation for use, compensation for the reduction of the fair market value) for any payments already received, whereby we are entitled to set off against the services to be rendered by you. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees by us because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

12.2.6 In particular, a right of withdrawal does not apply to the order of goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer. The right of withdrawal also does not apply to goods that can spoil quickly or whose expiration date would be quickly exceeded. The right of withdrawal also does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.

13. Coupons

The redemption of coupons depends on the specific applicable redemption conditions of the respective coupon, such as minimum order quantity, minimum order value, validity period, etc.. These will be communicated separately in the context of the voucher allocation. Only one coupon can be redeemed per purchase. This cannot be combined with other discounts. A cash payment as well as a subsequent settlement with previous orders is not possible. A resale is not permitted. Coupons cannot be redeemed for orders containing books or magazines. Discounts will be deducted proportionally from the value of the returned goods.

14. Privacy and cookies

With our data protection information at https://www.landluvt.com/datenschutz we inform among other things our customer regarding this website including this online store according to our information obligations pursuant to Artt 13 f DSGVO as well as about the use of cookies.

15. Services by third parties

We may use third parties to perform our services or to safeguard rights or obligations arising from this contract.

16. Place of jurisdiction, choice of law

16.1 The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for our registered office, which, however, shall only apply to consumers to the extent that the consumer has his domicile, habitual residence or place of employment in this court district or if the consumer resides abroad. For contracts with consumers from a member state of the EU outside of Austria, the consumer has the choice between his court of residence and the Austrian court with local and subject-matter jurisdiction for our registered office.

16.2 This Agreement shall be governed exclusively by Austrian law, provided, however, that with respect to consumers, this shall apply only to the extent that the protection granted is not deprived by mandatory provisions of the law of the country in which the consumer has his habitual residence. The conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.

17. Severability clause

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid or unenforceable in whole or in part, the remainder of the contract shall remain unaffected. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

18. Information on online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the following point 18. We are neither obligated nor willing to participate in the dispute resolution procedure.

19. Legal information requirements

Owner of this website and contractual partner for online orders is:

LANDLUVT
Diana Weiss
Mozartstr. 5
A-5230 Mattighofen
Austria

Phone: +43 (0) 664 73631290
Website: https://www.landluvt.com
E-mail: info@landluvt.com

Company register number: 545139a
Company register court: Landes- als Handelsgericht Ried i.I.

Company object:
Parfumeur

Year established:2020
Managing director:DianaPatricia Weiß
Ownership: Owner
Supervisory authority: Bezirkshauptmannschaft Braunau

Chamber: Austrian Federal Economic Chamber, Upper Austrian Guild of Chemical Trades & of Monument, Facade and Building Cleaners

Legislation: trade regulations (http://www.ris.bka.gv.at/) 

Media owner: Diana Patricia Weiß
Leafline: The website “https://landluvt.com” is used to advertise and sell goods distributed by us, as well as to promote our company.

UID No.: ATU61207429

Our Customer Service 

Monday-Fri 9.00 am to 5.00 pm
At the valid rate of the respective provider: Tel: +43 664 73 63 12 90