TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS - FOR CONSUMERS (B2C)
GENERAL TERMS AND CONDITIONS - FOR CONSUMERS (B2C)
Oberlaaer Straße 284
Phone: +43 (0)1 616 67 54
Fax: +43 (0)1 615 64 65
Company Register Number: FN 121231 g
Commercial Court: Vienna
Expert Group: Fachverband der Elektroindustrie
Member of the Austrian Economic Chamber
VAT Registration Number: ATU 14720202
Bank Details (EUR):
1020 Wien, Friedrich-Wilhelm Raiffeisenplatz 1
Executive Board: Bastian Molecz, Florian Molecz
Address of management: see above (1232, Vienna)
Media owner, editor and publisher: Bastian Molecz, Florian Molecz
Trade regulations: Trade regulations (www.ris.bka.gv.at )
Supervisory authority/trade authority: Municipal district office for the 23rd district Vienna
Business purpose: Electrical trade, production of and trade in lights and illuminants
Voluntary code of conduct: www.guetezeichen.at
1 Basic principles and scope of application
1.1 These General Terms and Conditions for Consumers (B2C) apply as legal basis for all contracts pertaining to the sale and delivery of goods as well as provision of services by ORION Leuchtenfabrik Molecz & Sohn GmbH, A-1232 Vienna (subsequently "WE") to its customers (subsequently "YOU"), insofar as they are private end consumers.
2 Protection of Plans and Documents / Confidentiality
ORION retains the full copyright and all intellectual property of any design plans, outlines, cost estimates and other documents such as brochures, catalogs, samples, presentations, etc.. Any use beyond the free use of works in accordance with copyright law, in particular the disclosure, duplication, publication and making available, including copying of extracts, requires our explicit consent.
Any of the above-mentioned documents may be recalled by us any time and must be returned to us without delay and without explicit request in cases when no contract is concluded.
3 Conclusion of contract
3.1 For online shop customers our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded on digitally sending your order to us. You will receive an order confirmation by e-mail. The contract is concluded on the shipping confirmation e-mail which you will receive from us.
3.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on product name or image. By clicking the button [Add to cart] you can put the item into the online shopping cart. You can view shopping cart contents any time without obligation by clicking on the button [Shopping Cart]. You can remove or change products in the shopping cart by clicking the icons [Change] and [Delete]. If you wish to purchase the products in the shopping cart, click on the [Checkout] button on the "Shopping Cart" page.
In the course of the further ordering process, you either set up a customer account with us for your first purchase or order as guest and select shipping and payment method. In the final step, you will receive an overview of your order data under "Order information", can check all details again, and delete or change them by clicking on the icons [Change] and [Delete]. You can also correct input errors by navigating backwards in the browser or by canceling the order process and starting over again. To complete the purchase, you must accept our terms and conditions and press the button [order with obligation to pay]. This sends the order to us.
4 Digital storage of contract text
We store your order, the entered order data and the entire contract text. We will send you an order receipt and order confirmation with all order data and complete contract text by e-mail.
5 Right of withdrawal for consumers
The following right of withdrawal exists only for consumers in distance selling:
5.1 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or last ordered item.
In order to exercise your right of withdrawal, you must send us a clear statement in writing (e.g. a letter sent by mail or e-mail) with your unequivocal decision to withdraw from this contract.
You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that the notice exercising the right of withdrawal is sent before expiry of the withdrawal period.
Consequences of withdrawal
5.2 Exclusion of the right of withdrawal
6 Model cancellation form
ORION Light Manufactory
Molecz & Son Ges.m.b.H
Oberlaaer street 284
1232 Vienna, Austria
Phone: +43 (1) 6166830
Fax: +43 (0)1 6166830
- List of goods/services
- Ordered on (*)/received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if notice is on paper):
Withdrawal in cases of discounted orders and vouchers:
If a voucher was redeemed by reaching a certain order value threshold entitling to a discount or price reduction, and this value is then undercut by any (partial) withdrawal, you will be charged the difference between the claimed discount and the original, non-discounted order value.
7 Prices and shipping costs
For orders placed in our online store, prices listed in the offer at the time of ordering apply, including statutory value added tax (VAT) plus shipping costs. We deliver through GLS or another provider of our choice. The amount of VAT depends on the applicable VAT rate of the country from which you order. It is indicated at the bottom of the order and on the invoice.
Shipping costs depend on delivery destination and are indicated at the bottom of the order and on the invoice.
For deliveries within Austria we charge € 6,90,- in addition to indicated parcel shipping prices; shipping costs are waived for orders valuing over € 399,00,-.
For deliveries to Germany we charge € 8,90,- in addition to indicated parcel shipping prices; shipping costs are waived for orders valuing over € 499,00,-.
Some items in our online store can only be delivered by a shipping agent due to their size and/or weight. This information – should it apply – is included on the article detail page in the description section [description]. In this case, shipping costs depend on delivery destination. Costs for delivery through a shipping agent are indicated at the bottom of the order and on the invoice.
An overview of applicable shipping costs in our online shop can be found in our FAQs.
8 Terms of delivery
8.1 Delivery is made within the EU, billing addresses from the entire EU area are accepted. All information on availability, shipping or delivery of an item are approximate and only estimated; they represent non-binding shipping or delivery dates.
Delivery is always carried out by parcel services or shipping agents selected by us. We determine the mode of transport and transport route on dispatching.
8.2 Within Austria and to Germany, goods will be delivered within approx. 10-15 work days after receipt of your order, unless stated otherwise in the offer.
International standard delivery times of shipping service provider GLS in shipping days from Austria can be found at https://gls-group.eu/AT/en/standard-delivery-timee.
8.3 If the goods you ordered are not available on short notice at the time of your order, we will inform you immediately. In case of delivery difficulties due to e.g. force majeure, official or strike measures, lockouts or deviating package delivery times on behalf of service providers, delivery period shall be extended for duration of this hindrance. In any such case you will be informed immediately.
9 Terms of payment
Payments in our online shop can be made by credit card (VISA, Mastercard), immediate bank transfer, prepayment or PayPal. We reserve the right to exclude individual payment methods. Until full payment, the goods remain our property.
If you are a consumer, warranty is governed by legal statutory provisions.
11.1 We are liable without limitation for intent and gross negligence and according to provisions of the Product Liability Act. In the event of slight negligence, we shall be liable for injury to life, physical integrity and health of persons.
In other cases, we shall only be liable for slight negligence in the event of breaching material contractual obligations. Material contractual obligations are those whose fulfillment is necessary for the contract’s proper execution and on compliance of which the contractual partner relies. Liability in the event of breach of such material contractual obligations shall be limited to damage typical for the contract, as to be expected at the time of conclusion of the contract based on circumstances known at that point in time. This limitation of liability also applies in favor of our agents.
11.2 In the event of non-compliance with regulations for assembly, commissioning and use (as provided in the operating instructions) or in event of non-compliance with statutory or official licensing standards, any compensation for damages is excluded.
11.3 When the goods are shipped, the risk of loss of or damage to the goods shall not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass to the carrier as soon as the goods are handed over to him.
12 Taking back goods
Customers of our online shop can return their order or individual items from it to us within 14 days. For parcel returns or in order to arrange a carrier return, please contact our customer service at email@example.com.
In order to protect sensitive goods in the best possible way, please return item(s) in its/their original product packaging, if possible, but absolutely with all accessories, components and complete packaging. The return of the goods without original packaging does not exclude the right of withdrawal.
For returning goods you will receive a return label, with which the package can be posted free of charge with our shipping agent for customers from Austria and Germany.
Customers from other countries have to pay any return costs. We ask you to contact our customer service for this.
If you have any questions, complaints or claims, please contact us. You can reach us Monday - Friday between 09:00 and 16:00 (CET/CEST) by phone +43-01-6166830 or by e-mail to firstname.lastname@example.org.
13 Applicable law, place of jurisdiction
The contracting parties agree that Austrian law shall apply. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, any action against him may only be brought before the court in whose jurisdiction his domicile, habitual residence or place of employment is located; this shall not apply to disputes which have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
14 Place of performance for business transactions
The place of performance for all services arising from the contract is our registered office.
15.1 Contract language is German.
15.2 We undertake to participate in the arbitration procedure of the Internet Ombudsman's Office in the event of disputes: www.ombudsstelle.at For more information on the types of procedure, please visit www.ombudsstelle.at.
Vienna, August 2021