§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders that you place in the online shop of
R View Productions
Zellach 126/11
9413 St. Gertraud
Owner: Michael Rudolf
make.
(2) Other terms and conditions shall not apply, even if we do not specifically object to their validity in individual cases, unless their validity is expressly agreed to in writing.
(3) These general terms and conditions and the entire legal relationship between the contracting parties shall be governed by the law of the Republic of Austria.
§ 2 Time of conclusion of the contract
(1) The mere presentation of the products in the online shop does not constitute a binding offer.
(2) Only by clicking the "Buy" button do you place a binding order for the goods in the shopping cart. Before placing your order, you can check it again and correct it if necessary. Once you have placed your order, you are bound to it for 14 days. Your possible right of cancellation in accordance with Section 3 remains unaffected.
(3) Your order will be confirmed by an automated email. This confirmation does not constitute acceptance. A contract is only concluded when we expressly accept your order or send you the ordered goods.
(4) An order shall only be deemed accepted by us once the amount due has been received by us or this has been assured to us.
§ 3 Right of Withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be predominantly attributed to his or her commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) You have the right to withdraw from this contract within 14 days of receipt of the goods without giving any reason and to return the goods to us.
(3) Please proceed as follows when revoking your consent!
1. If you would like to return something, please notify us by email, stating your order number. Please include the word "Cancellation" in the subject line.
2. After positive review of the cancellation request, we will send you a cancellation confirmation. (Possible reason for a negative review see §3 (4))
3. After receiving the cancellation confirmation, the return process is initiated and you can send the package back with sufficient postage to the following address:
R View Productions
Michael Rudolf
Zellach 126/11
9413 St Gertraud
4. After receipt of the return, we will refund all payments that we have received from you in connection with this order via the respective payment method within a maximum of 14 working days. Note: Shipping costs incurred during the return will not be refunded! You will be informed of the exact status of your return by email upon request.
(5) Please also note that damage that cannot be traced back to material or manufacturing defects will be considered negligent by us and will not be accepted for return. In this case, the return will be sent back to you and there will be no refund for any payments we have received from you in connection with this order, nor for the shipping costs incurred in the return.
§ 4 Exchange
(1) Please note that a direct exchange is not possible. If you would like a different product, please simply place a new order through the shop.
§ 5 Prices, Payment, Due Date
(1) All prices stated in our online shop are gross prices including statutory sales tax.
(2) The price including VAT and applicable shipping costs will be displayed in the customer information mask, the shipping method mask, the payment method mask and the order verification mask before you submit the order.
(3) Payment for items listed in the online shop (shop.lumipollo.com) is made in advance (bank transfer). When paying by bank transfer, the full amount must be received by us no later than 14 days after the time of the order.
(4) If you pay in advance (bank transfer), our account details will be shown in the order confirmation.
(5) The invoice will be sent together with the goods.
§ 6 Delivery
(1) Delivery will be made from the Helden der Nacht warehouse to the delivery address you provided when ordering.
(2) After receipt or confirmation of the amount due, the order will be sent to you. Depending on the product, shipping can take up to 14 days. If you need your order by a certain date, write us an email
(3) For shipments to countries outside of Europe, the delivery time depends on the shipping method of the shipping service provider selected by us and the recipient location.
(4) Please note that all information regarding shipping or delivery is non-binding and does not constitute a contractual guarantee.
(5) If we at Helden der Nacht are unable to deliver the goods you have ordered through no fault of our own, we are entitled to withdraw from the contract. In this case, you will be informed immediately; we will immediately refund any payments or other consideration you have already made.
(6) Your other rights remain unaffected.
§ 7 Individually designed products, also called “unique+”
(1) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.
(2) We do not check the transmitted data for accuracy of content and therefore assume no liability for errors.
(3) The exchange and return of individually designed products is excluded unless there is a product defect or incorrect personalization.
§ 9 Retention of Title
(1) The delivered goods remain the property of Helden der Nacht | Owner Dominik Past / Michael Rudolf until full payment has been made.
§ 10 Guarantee
(1) We grant a guarantee of 12 months from the conclusion of the contract. This is in addition to the statutory warranty claims.
(2) Within the warranty period, we will remedy all defects free of charge if they are due to material or manufacturing defects. In such cases, please contact us. We will try to contact you as soon as possible and find a solution to your problem.
(3) If you return the defective item, please include a copy of the invoice in the package. This will help us to better assign the defective item to your order.
§ 11 Liability for Defects
(1) Unless otherwise provided below, our liability for damages is limited to grossly negligent and intentional conduct, regardless of the type of breach of duty and including tortious acts.
(2) In the event of a breach of essential contractual obligations, we shall be liable for any negligence, but only up to the amount of the damage foreseeable at the time of conclusion of the contract based on the nature of the order.
(3) All limitations and exclusions of liability do not apply to claims arising from fraudulent conduct. They also do not apply to liability for characteristics guaranteed by us and to claims under the Product Liability Act, nor to claims for damages resulting from injury to life, body or health.
(4) To the extent that our liability is excluded or limited, this also applies to our employees, workers, (legal or contractual) representatives or vicarious agents
(5) If you assert a claim for subsequent performance, we will fulfil this exclusively by way of replacement delivery.
§ 13 Other provisions
(1) To the extent permissible, the exclusive, including international, place of jurisdiction for claims against us is 9400 Wolfsberg. We reserve the right to bring an action against the customer at another location.
(2) Any assignment of claims against us is only permitted with our prior written consent.
(3) Set-off against claims by us is only permitted if your counterclaims have been legally established, are undisputed or have been recognised by us. In addition, you are also entitled to set-off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) You are only entitled to a right of retention if your counterclaim arises from the same purchase contract.
(5) Legally relevant declarations and notifications that you must make to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.
(6) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a gap emerge, this shall not affect the validity of the remaining provisions. The invalid contractual provision or the gap shall be replaced by a legally effective replacement provision that takes into account the will of the parties as evident from the contract and the General Terms and Conditions, the economic meaning and purpose of the omitted provision, or comes as close as possible to it.
(7) Any changes or additions to these Terms and Conditions and/or the rest of the contractual relationship must be made in writing; this also applies to the waiver of the written form.
§ 14 Information on online dispute resolution
(1) The EU Commission has created an internet platform for online dispute resolution (so-called “ODR platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.
The customer can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/
Status: 20.09.2019