(Terms and Conditions)

§ 1 General

1. For business relationships of any kind between the Luxonaria GmbH and the customer are subject to the following general terms and conditions in their currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalog of the range of goods. By clicking the "Buy" button, the customer places a binding order for the goods contained in the shopping cart. A confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is only concluded with our separate order confirmation.
3. The Luxonaria GmbH reserves the right not to provide the promised service if it turns out after conclusion of the contract that the goods are not available, even though a corresponding commitment transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against the Luxonaria GmbH are excluded.
4. Contract language is German.
5. In detail, the customer goes through the following technical steps when placing an order in the online shop:
   • Click on the "Proceed to checkout" button in the shopping cart that appears
   • Forwarding to the general order overview page (thomann.de checkout), on which the individual purchase steps are carried out in the following
   • Step 1: Selection of the "Billing and delivery address" (in the event that the customer does not have a customer account and is not logged in; otherwise the billing and delivery address are stored)
     • Enter the “Billing Address”
     • If the billing and delivery address are not identical, you can click the checkbox to “enter a different delivery address”
   • Step 2: In the next section, "All items in your order" are displayed in an overview; it is possible to change the contents of the shopping cart
   • Step 3: Selection of the "Payment method" (by clicking on the desired payment method)
   • Step 4: Possibility to select "Further options" by clicking (different delivery address, shipping date, redeem Thomann voucher, comment/note on the order)
   • Completion of the order by clicking on the "Buy" button
   • The one from the Luxonaria GmbH The products manufactured and sold are approved according to Austrian regulations. International customers should check the local regulations in their countries if the products require specific verification or inspection outside of Austria. The Luxonaria GmbH assumes no responsibility after purchase regarding legal differences in other countries.

The customer can access the individual ordering steps listed using the usual functions of his Internet browser.

§ 2 delivery

1. If the customer is an entrepreneur (§ 14 BGB), delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the item sold only passes to the customer when the item is handed over, even in the case of mail-order sales. The handover is the same if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
2. All prices are cash prices including VAT plus any packaging and transport costs that may arise.
3. The goods must be inspected for transport damage immediately after receipt by the customer or his representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code (HGB), must have the transport company confirm any detectable transport and packaging damage in writing upon acceptance of the goods and inform them of this Luxonaria GmbH show. We ask customers who are consumers, without any legal obligation, to also report any obvious transport damage to us.

§ 3 Statutory right of withdrawal

Our refund and return policy is valid for 30 days. If 30 days have passed since your purchase, we cannot offer you a full refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. Also, it has to be in the box. Some types of goods are excluded from return. Perishable goods such as groceries, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary items, hazardous materials, or flammable liquids or gases. Additional non-returnable items:

• Geschenkkarten
• downloadable software products
• Some health and personal care items

In order to complete your return, we require a receipt or proof of purchase. Please do not return your purchase to the manufacturer. There are certain situations where only partial refunds are given:

• Book with clear signs of wear
• CD, DVD, VHS tape, software, video game, cassette, or record that has been opened.
• Any item not in its original condition is damaged or missing parts for reasons not attributable to our error.
• Any item that is returned more than 30 days after delivery

Refunds

Once we have received and inspected your return, we will send you an email to let you know that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed and a credit applied to your credit card or original method of payment automatically within a specified number of days. Late or missing refunds If you haven't received a refund yet, first check your bank account. Then contact your credit card company. It may take some time before your refund is officially posted. Then contact your bank. It often takes some time for a refund to be posted. If you have done all of this and still have not received your refund, please contact us at {email address}. sale items Only regular priced items can be refunded. Sold out items cannot be refunded.

swap meets

We will only replace items that are defective or damaged. If you would like to exchange the item, please email us at {email address} and ship the item to: {physical address}.

Gifts

If the item was marked as a gift at the time of purchase and shipped directly to you, you will receive a gift credit equal to the value of your return. A gift certificate will be mailed to you once the returned item has been received. If the item was not marked as a gift when purchased, or the gift giver mailed the order to themselves to gift to you later, we will issue a refund to the gift giver and they will be notified of your return.

Returns & Refunds

To return your product, please mail it to: {Physical Address}. You will have to pay the shipping costs for returning your item yourself. Shipping costs are non-refundable. If you receive a refund, the return shipping cost will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you should use a trackable shipping service or purchase shipping insurance. We do not guarantee that we will receive your returned item.

Do you need help?

Contact us at {email} for questions about refunds and returns.

§ 4 Warranty and Compensation

1. Defects or damage that are due to culpable or improper handling or improper installation as well as use of unsuitable accessories or changes to the original parts by the customer or one of Luxonaria GmbH attributable to non-commissioned third parties are excluded from the warranty.
2. Wear and tear due to use is also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves the right to do so in text form (e.g. e-mail) immediately after receipt of the goods.
4. The warranty period for new items is 6 months. The period begins with transfer of risk.
5. For the rest, the warranty is based on the statutory provisions.
6. We are liable for damages other than those resulting from injury to life, body and health Luxonaria GmbH only if this is due to intentional or grossly negligent action or culpable breach of an essential contractual obligation the Luxonaria GmbH or a vicarious agent (e.g. the delivery service). Luxonaria GmbH based. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is negligently violated, liability applies the Luxonaria GmbH limited to foreseeable damage.

§ 6 Maturity and terms of payment

1. The invoices of the Luxonaria GmbH are – unless otherwise agreed in writing – payable immediately and without deduction. Payment is made upon delivery by cash on delivery. Orders made in advance will only be shipped after receipt of payment. When paying by credit card, the actual debit takes place when the invoice is created and the goods are dispatched. When the customer submits the online order, the total amount is reserved on their credit card.
2. We reserve the right to refuse checks and other non-cash means of payment Luxonaria GmbH before. Acceptance is always only as payment. Payments in foreign currency will be credited according to the bank statement. Bank fees are to be borne by the customer.
3. If the customer defaults on payment of the purchase price, interest will be charged on the sum of the purchase price during the delay at a rate of five percentage points above the respective base interest rate. If the Luxonaria GmbH If higher damage caused by the delay can be proven, this is the case Luxonaria GmbH entitled to assert this.

§ 7 Retention of title

1. Until all claims against the customer have been paid in full, including all existing additional claims, the delivered goods remain the property of Luxonaria GmbH , as long as the customer is a merchant within the meaning of the German Commercial Code (HGB). In the case of contracts with consumers, the company reserves the right Luxonaria GmbH ownership until the purchase price has been paid in full.
2. The customer is not entitled to sell the goods to third parties or to transfer the property to others until the purchase price has been paid in full Luxonaria GmbH to take dangerous measures. The customer now assigns his future claims against the purchaser in the amount of between Luxonaria GmbH and the purchase price agreed with the customer, including interest and additional claims Luxonaria GmbH away. the Luxonaria GmbH accepts this assignment.

§ 8 Place of Performance and Jurisdiction

1. Austrian law applies exclusively, excluding the UN Sales Convention (CISG). In the event that the buyer is a consumer, this only applies insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
2. Place of performance for all services from the company Luxonaria GmbH Existing business relationships are Burgebrach if the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Vienna is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.

Section 9 Alternative Dispute Resolution

The seller is not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

§ 10 final clause

If any of these provisions - for whatever reason - do not apply, the effectiveness of the remaining provisions will not be affected.