Conditions

1. General scope

1.1 Our terms and conditions of sale apply exclusively. We do not accept any customer terms and conditions that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing. Our terms and conditions of sale also apply if we carry out the delivery to the customer without reservation despite knowing that the customer's terms and conditions conflict with or deviate from our terms and conditions of sale.

1.2 The subject matter of this contract arises from the purchase contract concluded between the parties and these General Terms and Conditions.

1.3 All agreements made between us and the customer for the purpose of executing this contract are set out in writing in the purchase contract concluded between the parties and in these General Terms and Conditions.

1.4 Our terms and conditions of sale apply to all orders in our online shop.

2. Contracting party

Your contractual partner is: Luxano Möbel GmbH, Austria

Phone: +432238 71435

Email: info@luxano.at

Registered in the commercial register of Vienna under FN 535040 z

VAT identification number: ATU75681905

3. Offer, acceptance

3.1 We offer you various products for sale in the online shop www.luxano.at. These offers are aimed at commercial and non-commercial users of our online shop.

3.2 By placing the products on the market and presenting them in the online shop, we do not make a legally binding offer to conclude a contract for these items.

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§6 Cancellation form

Sample cancellation form

7. Delivery, delivery costs

7.1 We deliver within Austria, Slovakia and Germany (Bavaria). The rest of the EU is possible for an additional charge. You can also collect the goods yourself if you do not choose delivery. Collection items such as decorations, chairs, stools, cushions and pictures are not included in the delivery, but delivery can be added later.

7.2 The following payment methods are available: credit cards, bank transfer, partial payment (30% deposit and the remainder upon agreed delivery/collection), installment payment

8. Delivery time, delay in acceptance, delay in delivery

8.1 The seller's delivery and payment terms are set out in more detail in the order form. Please refer to the respective item description for the delivery date.

8.2 If only a non-binding delivery period or a non-binding delivery date is agreed, we will contact the customer in good time in advance to agree a definitive delivery date. 7.3 The start of a delivery period specified by us requires that all technical questions have been clarified.

9. The delivery period is extended

9.1 If the customer subsequently changes information required by the seller for the execution of the order (e.g. color, size, orientation), the notice period is 6 weeks.

9.2 If obstacles occur for which the Seller is not responsible and which could not have been avoided even if due care had been exercised, by 6 weeks.

9.3. If delivery is delayed, a grace period of 6 weeks also applies. After this grace period has expired, the customer can withdraw from the contract.

9.4 Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.

9.5. The delivery of the ordered goods is carried out as standard to your front door, at ground level, without steps (“free curbside”). Any further delivery of the ordered products to the place of use (“free place of use”) is not part of the contractual relationship between the seller and the buyer.

9.6 If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. This also includes any storage costs incurred, unless otherwise agreed in accordance with Section 6. Further claims or rights remain reserved.

9.7 If a fixed delivery date is agreed between the customer and us and the customer is unable to meet this delivery date, he must inform our planning department at least two working days before the agreed delivery date. If the customer only informs us later that he is unable to meet the delivery date or if we or the transport company commissioned by us do not find the customer at home on the agreed delivery date, our damages within the meaning of paragraph (5) shall consist of the costs of the delivery that was not arranged. We reserve the right to assert further damages for delay within the meaning of paragraph (5).

9.8 If the conditions of paragraph (5) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer defaults on acceptance or payment.

9.9 We are liable in accordance with the statutory provisions if the underlying purchase contract is a fixed-term transaction. We are also liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further performance of the contract has ceased.

9.10 We are also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents is attributable to us. If we are not accused of intentional conduct, our liability for damages is limited to the foreseeable, typically occurring damage.

9.11 We shall also be liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.

9.12 Further legal claims and rights of the customer remain reserved.

10. Storage after the agreed delivery date

10.1 If the customer informs us at least two working days before the agreed delivery that he would like a later delivery date than the originally agreed one, we will store the purchased goods at our premises for up to 14 days free of charge at the customer's request.

10.2 From the 15th day after the agreed delivery date, we charge storage costs of €10 per day, unless the customer can prove that the damage is lower in individual cases. In the case of goods that cannot be shipped or handed over within 14 days due to the customer's failure to cooperate, the seller reserves the right to pass these on to other customers. If the customer still wants to receive the goods after this period, they must be reordered and the delivery periods will start again. In this case, the costs incurred up to this point will be passed on to the customer.

11. Accessibility of the delivery location, sufficient space

11.1 The Customer is responsible for ensuring that access to the location (house, floor and room) where the purchased product is to be delivered and installed is free.

11.2 The customer must inform us in good time before delivery of any special local circumstances that may complicate delivery.

11.3 If local conditions require aids such as a crane or lifting platform for delivery, these must be provided by the customer. This also applies to any permits required to use these aids. In this case, the customer is also responsible for ensuring that the local conditions are suitable for the use of the aid.

11.4 The customer is also responsible for ensuring that there is sufficient space at the location where the product is to be installed and that the surface is level.

12. Liability for defects, notification of defects

12.1 The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. Furniture that is purchased by the customer from an exhibition (in the showroom or a branch) is not subject to the guarantee and warranty provisions. The goods are purchased as seen and the guarantee and warranty claim does not apply in this case.

12.2 The customer must inspect the goods upon receipt and report any complaints to Luxano within 5 days. The defective goods can either be shown upon delivery or it is the customer's responsibility to take photos of the complaint and send them to us with a detailed description. Proof of the defect must be provided within 10 days of receipt of the goods . If the customer fails to inspect the purchased item , make a complaint or provide proof of the defect, the purchased item is deemed to have been approved. The statutory provisions apply to hidden defects.

12.3 Customary or technically unavoidable deviations in dimensions, patterns, colors, properties, etc. as well as changes in the design and execution of the goods do not constitute a defect. All dimensions are approximate. Sentences 1 and 2 do not apply if we have given a guarantee for specific dimensions, patterns, colors, properties, etc.

12.4 Paragraph 2 shall apply accordingly to customary or technically unavoidable discolorations of the materials we use (e.g. wood, textiles, fabrics, leather) as well as customary or technically unavoidable swelling and shrinkage (colloquially known as “working”) of the wood we use.

12.5 A slight local loss of hardness of the interior of the sofas due to the weight of the user cannot be technically avoided and does not constitute a defect unless we have provided a different guarantee in individual cases.

12.6 We shall also not be liable for any damage to the products supplied by us caused by improper use or improper repair by the customer.

12.7 No warranty is provided for defects that are not relevant to the appearance or function of the purchased item. This exclusion includes minor scratches, abrasions, flaking, slight color differences (particularly in leather/synthetic leather combinations), etc. In order for a complaint to be justified, the suitability or value of the purchased item must be significantly reduced.

12.8 If subsequent performance fails, the customer is entitled to demand withdrawal or reduction of the purchase price.

13. Withdrawal in other cases

13.1 If the customer wishes to withdraw from the purchase contract without a statutory right of withdrawal or a case as per Section 10, we reserve the right to accept the withdrawal nonetheless. However, this only applies if the goods have not yet been delivered.

13.2 If we accept the withdrawal in accordance with paragraph 1, we will charge the customer a flat rate amount of 30% of the total purchase price as compensation for the fact that we can only continue to use the returned product to a limited extent and as compensation for the administrative costs incurred by us if we have not yet contacted the customer to arrange a delivery date and 50% of the total purchase price if we have already contacted the customer to arrange a delivery date.

13.3 We will arrange for the goods to be picked up. The customer must leave the goods at the curb ready for us to pick up.

14. Retention of title

14.1 The delivered goods remain the property of Luxano Möbel GmbH until all claims (capital, interest, expenses and costs) have been paid in full.

14.2 The retention of title can be asserted – with or without withdrawal from the contract – with regard to the entire delivery and service.

15. Place of jurisdiction - place of performance

15.1 If the customer does not have a general place of jurisdiction in Austria or moves his or her place of residence or habitual abode outside of Austria after conclusion of the contract, our place of business shall be the place of jurisdiction. This also applies if the customer's place of residence or habitual abode is not known at the time the action is brought.

15.2 Austrian law applies.

16. Data protection

16.1 The collection, storage, modification, transmission, blocking, deletion and use of your personal data to protect your personal data is carried out in compliance with the applicable data protection regulations.

16.2 Your personal data will only be passed on to third parties who are involved in the contract processing, such as the credit institution responsible for payment matters and the logistics company responsible for delivery. However, if your personal data is passed on to third parties, the scope of the data transmitted is limited to the minimum required.

16.3 According to the Data Protection Act and the General Data Protection Regulation, you have the right to free information about your stored data as well as the right to correct, block or delete this data. We ask you to contact the address provided in the provider identification with any relevant enquiries. If the personal data stored about you by the provider is incorrect, it will be corrected immediately upon notification from you.

16.4 Data protection is governed by the Data Protection Act and the General Data Protection Regulation.

Status of the General Terms and Conditions Jun.2020