Terms and Conditions

General terms and conditions with consumers

Langilangi Handels GmbH 
Ramseiden 209 / 5760 Saalfelden 
Österreich 
07/2022

§ 1 Contractual partner, scope of application

1.Our following General Terms and Conditions (GTC) apply to all orders of goods that consumers order via the online shop.

2.Consumers within the meaning of the KSchG are natural persons or legal entities that are not businesses. Entrepreneurs within the meaning of the KSchG are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Entrepreneurs are long-term organisations of independent economic activity, even if they are not profit-oriented. 

3.The contractual partner within the scope of the following General Terms and Conditions ("GTC") with the consumers is Langilangi Handels GmbH (hereinafter referred to as "Langilangi Handels GmbH"), Ramseiden 209, 5760 Saalfelden, Austria. Further information on Langilangi Handels GmbH can be found in our imprint.

4.All deliveries, services and conclusion of contracts by consumers domiciled within the states of the European Union and Switzerland via our (online) shop with Langilangi Handels GmbH shall take place exclusively on the basis of these GTC in the version valid at the time of the order.

5.Deviating regulations are contradicted. Provisions other than those contained herein shall only become effective with the express written agreement of a representative of Langilangi Handels GmbH and the respective Customer who is authorised to manage the business.

§ 2 Information on the essential characteristics of the goods

The essential characteristics of the goods offered by Langilangi Handels GmbH can be found in the product descriptions on the product overview pages and in the information and descriptions on the product detail pages. If you have placed goods in the virtual shopping basket, you will receive an overview of the goods and their properties until you submit your order.

§ 3 Conclusion of contract

1.The offers of Langilangi Handels GmbH on its Internet pages represent a non-binding invitation to the Customer to order goods from Langilangi Handels GmbH. The goods are sold in the name and on the account of Langilangi Handels GmbH to the end customer for private use only in quantities customary in the household. This restriction relates both to the number of products ordered as part of one order and to the total number of products ordered when placing several orders for the same product. 

2.By ordering the desired goods by filling in and sending the online ordering process or by e-mail, the Customer makes a binding offer to conclude a purchase contract. The offer is binding at the latest when it has passed the respective interface to Langilangi Handels GmbH. By sending the order to Langilangi Handels GmbH, the customer assures that he/she has unlimited legal capacity. Langilangi Handels GmbH is not obliged to accept the customer's offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer.

3.Langilangi Handels GmbH is entitled to accept this offer within a period of seven calendar days by sending an order confirmation, sending the ordered goods or in any other way. The order confirmation is sent by e-mail. After fruitless expiry of the deadline, the offer shall be deemed to have been rejected. Should the order confirmation or any other legally binding declaration of Langilangi Handels GmbH contain typographical or printing errors or should the price determination be based on transmission errors, Langilangi Handels GmbH shall be entitled to contest the declaration on the grounds of error, whereby Langilangi Handels GmbH shall bear the burden of proof with regard to the error. In this case, any payments received will be refunded immediately.

4.Langilangi Handels GmbH reserves the right to withdraw from the contract if, through no fault of our own, we are unable to deliver the product ordered because the supplier fails to meet its contractual obligations for the product ordered by the consumer. In such a case, we will inform the customer immediately about the non-delivery of the product and refund any payments already made to the customer without delay.

5.If there is a delay in delivery due to so-called force majeure, war, strike at suppliers of Langilangi Handels GmbH or natural disasters, we reserve the right to make up for the delivery immediately after the reason has ceased to exist.  
 
§ 4 Prices and shipping costs

1.On each product page that enables the insertion into the shopping cart as well as after entering the delivery address, the applicable prices and shipping costs are displayed in the shopping cart and in the order overview. 

2.The prices stated in each case apply plus the packaging and delivery costs stated depending on the type of packaging and dispatch. The amount of the packaging, shipping and insurance costs are summarised on the "Delivery" page. The prices stated are final prices, i.e. they include the statutory value added tax applicable at the time.

3.All prices quoted, including those for packaging and shipping, apply only within the states of the European Union and Switzerland and only at the time of the order.

§ 5 Terms of payment

1.Payment can be made using the payment methods offered in each case, whereby certain payment methods may be excluded in individual cases. Payment shall be made within the framework of the ordering process subject to any additional provisions of the respective payment method. The payment methods are shown on the website and in the online shop.

2.The payment shall only be deemed to have been made when the payment amount can be disposed of. If a payment is refused and the customer is responsible for this, the customer shall be obliged to pay the reasonable additional costs, expenses or other claims resulting from the delay in payment. Set-offs are excluded unless the counterclaim is undisputed or legally established.

3.A right of retention can only be exercised by the consumer if his existing counterclaim is based on the same contractual relationship. If this is not the case, a right of retention on your part shall be deemed excluded.

4.In the event of a return debit note for which the consumer is responsible due to insufficient funds in the specified bank account, due to objection to our direct debit or incorrect entry of the bank details, the consumer may have to bear the costs incurred as a result of the payment transaction. Of course, it is possible for you to prove at any time that the charges were lower in the individual case. Then you are also only obliged to pay the lower amount. Our right to fulfilment of the purchase contract remains unaffected by this.

5.If the payment has not been received in our account by this time despite the due date even after a new reminder in which we set the consumer a reasonable deadline for performance, Langilangi Handels GmbH shall declare its withdrawal from the contract to the consumer in writing (email is sufficient). With the withdrawal, the mutual obligations to perform shall cease to apply.

§ 6 Right of revocation (revocation instruction)

The right of withdrawal applies exclusively to consumers. Consumers are natural persons or legal entities that are not entrepreneurs within the meaning of the Consumer Protection Act (KSchG).

Revocation instruction 

Right of revocation

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. 

In order to exercise your right of withdrawal, you must inform us (Langilangi Handels GmbH, Ramseiden 209, 5760 Saalfelden, Phone: +43 677 610 48 709, Email: info@owotron.at) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. 

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must repay you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than fourteen (14) days from the day on which we received notification of the withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction. In no case will you be charged any fees because of this repayment. 

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 
You must return the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you notified us of the cancellation of this contract: 

Langilangi Handels GmbH 
Ramseiden 209
5760 Saalfelden 
Austria 

or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen (14) days.  

You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods. 

End of the declaration of revocation

Important note: Exclusion of the right of withdrawal: 

The right of withdrawal does not apply to distance contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, and to distance contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Cancellation form

If you wish to cancel the contract, please fill in this form and send it back to us

To Langilangi Handels GmbH, Ramseiden 209, 5760 Saalfelden Austria, Tel: +43 677 610 48 709, Email: info@owotron.at

I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only if on paper)

Date

(*) Delete where inapplicable

§7 Transport Damage

If products and goods are delivered with obvious transport damage, the customer is requested to complain immediately to the supplier and to contact Langilangi Handels GmbH. The customer will assist Langilangi Handels GmbH in enforcing its claims against the carrier and transport company. Failure to make a complaint or to contact Langilangi Handels GmbH will have no consequences for the customer and its rights, in particular warranty rights.

§ 8 Transfer of risk

The risk of loss of or damage to the goods shall pass to the consumer as soon as the goods have been delivered to the consumer or as soon as the goods have been delivered to a third party which you have designated and which is not the carrier.

§ 9 Retention of title

1.The ordered goods shall remain the property of Langilangi Handels GmbH until payment has been made in full.

2.Prior to transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of Langilangi Handels GmbH.

§ 10 Statutory Warranty

The statutory warranty provisions shall apply. The warranty period is two years and begins with the delivery of the goods.

§ 11 Warranty 

1.Guarantee declaration

Langilangi Handels GmbH (hereinafter referred to as the "Manufacturer" with its registered office in Ramseiden 209, 5760 Saalfelden, Austria) warrants to the consumer end customer (hereinafter referred to as the "Customer") that the products of the brand "OWOTRON" (hereinafter referred to as the "Products") are of perfect quality. The Products shall be deemed to be in perfect condition if they are free from defects in material, workmanship and design. The state of science and technology at the time of manufacture shall be decisive for determining whether a material, manufacturing or construction defect exists. If the product does not have a perfect condition, this triggers the guarantee case, unless otherwise stipulated below. The guarantee applies exclusively to products purchased directly from Langilangi Handels GmbH.
In addition to the rights arising from the guarantee, the consumer is entitled to the statutory rights. The guarantee does not limit the customer's statutory rights against the manufacturer or the customer's statutory rights against its seller (e.g. the warranty rights).

The guarantee does not cover

minor defects. A defect is minor if it has no influence on the utility value of the product;

• Wear parts, such as seals;
• consumables, such as batteries and/or charging cables; and
• as well as exhibition products 

In particular, a warranty case does not exist if the defect was

• by normal wear and tear or deliberate damage,
• by force majeure or natural disasters, such as floods, fires or frost damage,
• by improper use, in particular failure to comply with the operating instructions supplied,
• through improper commissioning,
• through the use of the product for an unintended purpose,
• by repair attempts by a third party,
• by aggressive chemicals and/or cleaning agents
• by installation, transport or trial operation of the product
• caused by the seller's actions, e.g. due to incorrect storage.

2.Guarantee period

The guarantee declaration is valid for a period of 24 months from the first delivery of the product to the customer, but for a maximum period of two years after manufacture (guarantee period). The warranty period is not extended due to the granting of benefits under this warranty (see 3.). In these cases, the warranty period does not start anew. The warranty period also does not start anew if the seller has already replaced the product within the scope of the warranty under sales law.

3.Services in the event of a warranty claim

If you wish to invoke a warranty claim against us, you must return the goods to us. If our incoming goods inspection then reveals a warranty claim in accordance with these terms and conditions and we send you a replacement, we will bear the shipping costs for the warranty shipment and replacement delivery for you. 
 
Please report your warranty claim in advance via our contact form and then send the goods with reference to the warranty: 

Langilangi Handels GmbH,
Ramseiden 209,
5760 Saalfelden, Austria
info@owotron.at

Please enclose a copy of the original invoice with the claim. Please understand that we have to reject a claim without enclosing the respective invoice. If the replacement of the same model is no longer possible, we are free to supply you with an appropriate follow-up model in this case.

4.The customer's claims against Langilangi Handels GmbH in the event of defects shall be governed by the statutory provisions, unless deviations arise from the following provisions.

§ 12 Liability

Langilangi Handels GmbH shall only be liable in the event of intent and gross negligence and otherwise not for damage, delays or impediments to performance which lie outside its own sphere of responsibility or which are attributable to unsuitable, improper or improper use of the products. Irrespective of the legal grounds, Langilangi Handels GmbH shall furthermore only be liable for damage (i.) in the event of injury to life, limb or health, (ii.) in the event of intentional or grossly negligent breach of duty and fraudulent intent, (iii. ) in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligations), in this case, however, limited to the typically foreseeable damage, (iv.) within the scope of an agreed guarantee promise or (v.) insofar as the scope of application of the Product Liability Act is opened. Any further liability or warranty is excluded insofar as it does not exist according to indispensable statutory provisions.

§ 13 Information on the disposal of batteries and accumulators

Information about battery disposal: In connection with the sale of batteries and/or accumulators or with the delivery of devices containing batteries and/or accumulators, we are obliged to inform you of the following: As the end user, you are legally obliged to return used batteries. You can return used batteries, which we carry or have carried as new batteries in our range, free of charge to Langilangi Handels GmbH, Ramseiden 209, 5760 Saalfelden. Alternatively, the batteries can be returned free of charge to a municipal collection point after use. The symbols shown on the batteries have the following meaning: The symbol of the crossed-out dustbin means that the battery must not be disposed of with household waste. Pb = Battery contains more than 0.004 mass percent lead Cd = Battery contains more than 0.002 mass percent cadmium Hg = Battery contains more than 0.0005 mass percent mercury.
Batteries and rechargeable batteries do not belong in household waste
 
§ 14 Information according to Elektro G

According to the ElektroG, as a distributor of electrical appliances, we are obliged to take back waste electrical and electronic equipment free of charge. Please contact our customer service at info@owotron.at if you wish to return your old electrical and electronic equipment. We would like to point out to owners of waste electrical and electronic equipment that, in accordance with the applicable regulations, waste electrical and electronic equipment must be collected separately from municipal waste. The crossed-out wheeled bin symbol shown below and affixed to waste electrical and electronic equipment additionally indicates the obligation to separate collection: 
Before handing in old electrical appliances, remove them, old batteries and old rechargeable batteries, unless they are enclosed in the old appliances. The end user concerned is responsible for deleting personal data from the waste electrical equipment to be disposed of.

§ 15 Data protection

We process personal data of our customers for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by us to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process. You have the right, upon request and free of charge, to receive information about the personal data that we have stored about you. In addition, you have the right to have incorrect data corrected, to have your personal data blocked and to have it deleted, provided that there is no legal obligation to retain it.
You can find more detailed information on data protection in our data protection notice

§ 16 Final provisions

1.The execution of the contract and all disputes arising out of or in connection with it shall (as far as possible) be governed exclusively by the law of the Republic of Austria, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, this provision shall only apply to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

2.Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

3.Notice on dispute resolution procedures and online dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, the European Commission provides a platform for the online settlement of disputes in consumer matters (ODR platform) at http://ec.europa.eu/consumers/odr. Our email address: info@owotron.at

4 The contractual language is English