Terms and Conditions (GTC)

TERMS AND CONDITIONS (GTC)

the

Lupo Operating OG (FN 607291a)

Owner: Elias Posch, Stefan Luttenberger

Mitterfladnitz 194, 8322 Eichkögl

 

1. General

These General Terms and Conditions (hereinafter referred to as T&Cs) apply to all contracts concluded between Lupo Operating OG (hereinafter referred to as “Lupo Operating”) and consumers and companies (hereinafter referred to as “customers”) with regard to Lupo Operating’s goods in the currently valid version, which is available in the store or on the website www.bamboogroove.com.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly 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.

 

These terms and conditions also apply to future business transactions with companies without Lupo Operating having to refer to them again. Other conditions are not valid and are therefore expressly rejected. Lupo Operating must expressly agree in writing to any deviating, conflicting, previous, restrictive or supplementary terms and conditions and regulations of the contractual partner so that they become part of the contract in individual cases. In particular, acts of contract fulfillment by Lupo Operating do not constitute consent to any conditions that deviate from these terms and conditions. The terms and conditions also apply to follow-up orders, even if these are not separately agreed verbally or in writing.

 

2. Subject matter and conclusion of the contract

The subject of the contract is the sale of all types of goods offered in the online shops or in physical sales of Lupo Operating.

All offers and price information found on the website or in physical sales are non-binding and are to be understood as an invitation to the customer to make a legally binding offer themselves. By making an offer, the customer declares that he has read and accepted Lupo Operating's general terms and conditions in full.

The order confirmation, which is automatically sent to the customer by email, does not constitute acceptance of the customer's offer, but serves solely to confirm receipt of the offer by Lupo Operating.

Lupo Operating accepts the contract in writing or by sending the goods to the customer. After the order has been sent, the customer will receive a shipping confirmation.

If Lupo Operating is unable to fulfill the customer's order because the ordered goods are not available, Lupo Operating will inform the customer of this immediately after becoming aware of this fact. Any payments already made will be refunded to the customer immediately.

Contracts are concluded exclusively in German.

3. Prices

All prices quoted by Lupo Operating include statutory sales tax. All prices quoted by Lupo Operating to businesses are exclusive of statutory sales tax. Prices quoted on the website always include VAT. All prices quoted are in EURO, unless otherwise expressly stated.

Any additional delivery and shipping costs will be stated separately in the respective product description.

Lupo Operating is entitled to adjust prices if cost centers relevant to the calculation or costs necessary for the provision of services such as those for materials, external work, financing, etc. increase or decrease during the term of the contract. The prices offered by Lupo Operating are always variable. The increase or decrease in the purchase price of goods is based on the change in the wholesale price index and the collective wage index. The starting point is always the index value published for that month when the contract is concluded.

Upon conclusion of the contract, the customer undertakes to pay the purchase price in full.

Discount and voucher codes cannot be applied to orders retrospectively.

4. Terms of payment

Invoices are due for payment immediately upon receipt. Goods ordered from Lupo Operating's online shops will only be dispatched after the purchase price has been paid in full; for business customers, delivery of the goods can also be agreed upon before (full) payment of the purchase price.

In contracts between Lupo Operating and entrepreneurs, different due dates and payment periods can also be agreed individually.

The following payment methods are accepted in the online shops: credit card, direct bank transfer and PayPal; however, Lupo Operating reserves the right to exclude payment by certain credit cards.

In the case of physical sales, the means of payment must be agreed individually, whereby the currency is always EURO.

With regard to contracts between Lupo Operating and entrepreneurs, the means of payment can always be agreed individually.

The agreed payment term is 14 days. Lupo Operating will only deliver the goods after the customer has paid the purchase price in full.

In the event of late payment, Lupo Operating is entitled to charge interest on arrears at a rate of 12% per annum; this does not affect any further claims (in particular the reimbursement of debt collection costs). The customer is liable - even in the event of late payment through no fault of his own - for reminder and collection costs incurred by Lupo Operating, insofar as they were necessary and appropriate for the appropriate legal action.

If the payment deadline is exceeded (in the case of partial invoices with only one invoice), any remuneration granted (reductions, discounts, rebates, cash discounts, etc.) will expire and be added to the invoice.

5. Delivery, transfer

If delivery of the goods is agreed, delivery will be made to the delivery address specified by the customer, unless otherwise agreed.

Lupo Operating is not liable for incorrect information of any kind provided when agreeing on delivery, such as incorrect delivery addresses and delays or damage caused thereby. If the transport company returns the goods to Lupo Operating because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the failure to deliver is due to circumstances for which the customer is not responsible or if he was temporarily prevented from accepting the delivery, unless the service was announced by Lupo Operating a reasonable time in advance.

All information regarding delivery times is non-binding unless a delivery date has been confirmed in writing.

In the event of delays in delivery due to force majeure, such as natural disasters or strikes by delivery companies or due to other circumstances beyond Lupo Operating's control (this also includes official measures in the context of an epidemic/pandemic or war), Lupo Operating is entitled to make up for the delivery once the impediment has been removed.

Deliveries to other European countries are possible, but the buyer must bear all import and export costs including any customs duties, fees and taxes - especially for deliveries to a non-EEA country. These are not included in the purchase price of the goods.

If the customer refuses acceptance, Lupo Operating is released from all further delivery obligations and is entitled to withhold any outstanding deliveries and to withdraw from the contract.

In the event of a delay in performance by Lupo Operating, the customer is entitled and obliged to set a reasonable grace period for the performance of the contract and, if performance is still not made within this period, to withdraw from the contract with a separate declaration. In the B2B area, the following also applies: The grace period must be set in writing and expressly designated as such.

6. Redemption of promotional vouchers

Vouchers issued free of charge by Lupo Operating as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in Lupo Operating's online shops and only during the specified period.

Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

Only one promotional voucher can be redeemed per order.

The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by Lupo Operating.

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by Lupo Operating can be selected to pay the difference.

The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

The promotional voucher is transferable. Lupo Operating can make a payment to the respective holder who redeems the promotional voucher in the Lupo Operating online shops, with a discharging effect. This does not apply if Lupo Operating has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, incapacity to act or lack of authority to represent.

Promotional vouchers, gift vouchers and voucher codes cannot be combined with one another.

7. Redemption of gift vouchers

Vouchers that can be purchased through Lupo Operating's online shops (hereinafter "gift vouchers") can only be redeemed in Lupo Operating's online shops, unless otherwise stated in the voucher.

Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.

Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

Only one gift voucher can be redeemed per order.

Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by Lupo Operating can be selected to pay the difference.

The balance of a gift voucher will not be paid out in cash and will not accrue interest.

The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. Lupo Operating is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

8. Retention of title, right of retention

The goods subject to the contract remain the property of Lupo Operating until they have been paid for in full.

The customer may only exercise a right of retention if the claims arise from the same contractual relationship.

The following applies in the B2B area: Lupo Operating reserves ownership of the goods until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods has been transferred, pledging or transferring them as security is not permitted.

9. Warranty and exclusion of liability

Lupo Operating does not guarantee that the photos published on the website are identical to the goods delivered.

If delivery of the goods is agreed and they are damaged during transport, the customer is obliged to complain to the deliverer in writing immediately - at the latest within three days of receipt of the goods - and to contact Lupo Operating immediately. The lack of notification has no effect on the statutory warranty rights.

Claims for damages are excluded unless Lupo Operating acts with gross negligence or intent. Personal injury remains unchallenged.

In the B2B area, the following applies: The customer is obliged to inspect the goods immediately and with the due care of a businessman for deviations in quality and quantity and to complain in writing about obvious defects within seven days of receipt of the goods. In the event of a breach of the obligation to inspect and complain, the assertion of warranty, compensation and error claims is excluded.

The warranty period in B2B transactions is six months in all cases. There is no subsequent limitation period. Section 924 ABGB is excluded in B2B transactions, i.e. the customer must always prove that the defect was already present at the time of delivery.

Recourse claims against Lupo Operating based on the PHG (Product Liability Act) are excluded. Customers waive all rights against Lupo Operating to which they are entitled under Section 12 PHG. If the customer passes on products, the customer is obliged to pass on this waiver in full to its customers, including this obligation to incorporate the product as an obligation for all other customers. This obligation to incorporate the product also applies if the customer or another customer uses Lupo Operating's products to manufacture other products and places these other products on the market.

Business customers of Lupo Operating are not entitled to contest the contract due to error.

 

10. Right of revocation/withdrawal

The consumer customer has the right to withdraw from a contract concluded by distance selling or outside the business premises of Lupo Operating within the meaning of the FAGG within 14 days without giving reasons.

The cancellation period shall be 14 days from the day on which the consumer or a third party other than the carrier designated by the consumer takes possession of the goods.

To exercise the right of withdrawal, the consumer must notify Lupo Operating of the decision to withdraw from this contract by means of a clear but informal declaration (e.g. a letter sent by post or email). The attached model withdrawal form can (but does not have to) be used for this purpose.

To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired. The cancellation must be addressed to:

Lupo Operating Operating OG

Mitterfladnitz 194

8322 Eichkögl

www.bamboogroove.at

 

In the event of withdrawal from the contract, Lupo Operating must refund the payments made by the customer, including delivery costs, to the account specified by the customer within 14 days and the customer must return the goods received immediately, but no later than within 14 days of declaring the withdrawal. Lupo Operating may refuse to refund until the goods have been returned or until proof has been provided that the goods have been returned, whichever is earlier.

The goods must be returned to the following address:

Lupo Operating Operating OG

Mitterfladnitz 194

8322 Eichkögl

The customer must bear the costs incurred for the return shipment.

Withdrawal from the contract is particularly excluded for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if they are unsealed after delivery.

11. Data protection

Provisions regarding data protection are contained in the privacy policy .

Lupo Operating would like to point out that customer data may be processed for advertising purposes based on legitimate interests (Article 6 (1) (f) GDPR). The customer can object to this form of data processing at any time (Article 21 (2) GDPR).

The customer gives his consent for the personal data contained in the contract to be stored and processed by Lupo Operating using automated means in fulfillment of this contract. The customer is obliged to notify changes to his residential address as long as the contract has not been fully fulfilled by both parties. If notification is omitted, declarations and deliveries are deemed to have been received even if they are sent to the last notified address.

 

12. Place of performance, contractual language, choice of law and place of jurisdiction

The place of performance is the registered office of Lupo Operating.

The contract language is German.

The Austrian jurisdiction is agreed upon. If this is not a consumer transaction, the court with jurisdiction at the registered office of Lupo Operating has exclusive local jurisdiction to decide all disputes arising from the contract.

This contract is subject exclusively to Austrian substantive law, excluding the reference rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

 

13. Information on out-of-court dispute resolution

Please note that the arbitration board for consumer transactions has been set up as a catch-all arbitration board for alternative dispute resolution. Participation in the arbitration procedure is voluntary.

Consumers can use the platform for out-of-court online dispute resolution to initiate an arbitration procedure for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/ .

 

14. Final provisions

All legal declarations, changes, additions, side agreements, etc. relating to this contract and the related transactions must be in writing to be valid. Deviations from compliance with the formal requirements must also be in writing.

In the event that individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. If a customer invokes the inclusion of their own general terms and conditions when concluding the contract, the relevant provisions of the general terms and conditions of Lupo Operating shall apply as the content of the contract in the event that these conflict with the general terms and conditions of Lupo Operating.