[1.] Scope of application
Levitaz is a trademark of Geislinger GmbH. All orders in our online shop are subject to our general terms and conditions that can be read on the internet at the time of the order. Our general terms and conditions always take precedence over any terms and conditions of our customers, even if we do not expressly object to the latter.
In the framework of our online shop, we only accept orders using the specified system; if the customer is a company, as defined by §1 para. 1 of the Consumer Protection Act (KSchG), we are authorized to also accept orders via e-mail or fax.
[2.] Offer and contract conclusion
The presentation of our products in the online shop does not represent a legally-binding offer, but is rather a non-binding online catalogue. We confirm the receipt of orders from our customers by sending order confirmations via e-mail. Notification that we have received the customer’s order does not constitute acceptance of the order. Additionally, for orders submitted via e-mail, the sales agreement is produced only with our separately transmitted order confirmation or with the delivery of the goods.
The prices provided in our online shop are in euros and include VAT. For shipments within the EU, shipping costs are included for orders with a total value of EUR 1250.00 or higher excl. VAT. For shipments of orders with a total value below EUR 1250.00 excl. VAT, we charge shipping costs within the EU, as well as outside the EU, independent of total order value. [5.].
[4.] Payment, payment conditions
Payments can be made via prepayment, PayPal or credit card (we accept MasterCard and Visa). For the prepayment option, we reserve the right to cancel the order after three weeks, if payment has not been received by this time. A set-off is, in principle, excluded and only applies if the customer’s counterclaims have been legally established in court or are undisputed, or if they have been acknowledged by us in writing.
[5.] Terms of delivery
Unless otherwise specified in writing, the transport company is selected by us and the delivery is shipped from our warehouse to the delivery address provided. The risk of accidental destruction and accidental damage to the goods passes to the customer with the handover or, in case of sale to destination according to buyer’s instructions, with the delivery of the goods to the contracted transport company. If the customer is a consumer, as defined by the Consumer Protection Act, the risk of accidental destruction and accidental deterioration of the goods sold transfers, also in the case of a sale to destination according to buyer’s instructions, to the customer only with the handover of the item.
Delivery within the EU is free-of-charge for orders with a total value of EUR 1250.00 or higher excl. VAT. For shipments of orders with a total value below EUR 1250.00 excl. VAT, we charge shipping costs within the EU. For all deliveries outside the EU, the shipping costs (excluding any customs fees, if applicable) are invoiced separately, regardless of the total value of the order, whereby we inform our customers regarding the individual shipping costs prior to concluding a contract.
We inform our customers specifically of any different delivery times.
Partial deliveries are permitted.
[6.] Right of withdrawal for consumer
If our customer is a consumer, as defined by the Consumer Protection Act, he or she is entitled to withdraw from the contract within 14 days without providing a reason. The withdrawal period is 14 days from the day when the customer accepts delivery of the goods.
To exercise the right of withdrawal, the customer must inform us of the cancellation by sending a clear statement to us via post, e-mail or fax:
a brand of Geislinger GmbH
Hallwanger Landesstrasse 3
5300 Hallwang/ Salzburg, Austria
Our customers can also use the cancellation form enclosed/attached below, although the form is not mandatory. To meet the withdrawal deadline, it is sufficient if our customer sends the notice regarding the right of withdrawal before the expiration of the withdrawal period.
Consequences of withdrawal:
If our customer withdraws from this contract, we must pay back all payments including any shipping costs (except for the additional costs that result from the customer’s choice to use a different type of delivery instead of the standard delivery provided by us, which is the most affordable) immediately and at least 14 days from the day when we receive the notice regarding the cancellation of the contract; this does not apply to shipping costs outside the EU. For reimbursements, we use the same payment method that the customer used originally for the transaction, unless expressly agreed otherwise. We can refuse repayment until we have received the returned goods or until the customer has provided proof that the goods were returned, depending on which comes first.
The customer must return the goods to us immediately and, in any case, at the latest within 14 days from the day on which he or she notified us of the cancellation of this contract. To meet the deadline the customer must ship the goods before the expiration of 14 days.
We will pay the costs for returning the goods within the EU; the customer must pay the costs of returning the goods from outside the EU.
The customer only has to pay for the goods’ loss of value if the loss of value is the result of an unnecessary procedure to inspect the quality, properties and functionality of the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer.
[7.] Trademark rights
All the content of the website, including the texts, graphics, photos, images, illustrations and software, is our property or belongs to our partners, licensees and/or content providers. This content is protected by copyrights and other laws. Use of this content, even excerpts thereof, is prohibited without express written consent.
[8.] Retention of title
We reserve the title to all goods provided by us until the purchase price has been paid in full.
[9.] Data protection
In using and processing your data, we comply closely with the provisions of the Data Protection Act. The data required for the transaction is stored and shared for order processing – as far as necessary – with providers contracted by us.
The customer is entitled to obtain, correct, block or delete the stored personal data at any time and at no cost. Customers can e-mail us at firstname.lastname@example.org or send a letter to: LEVITAZ Kitefoils, a brand of Geislinger GmbH, Hallwanger Landesstrasse 3, 5300 Hallwang/ Salzburg, Austria. This right is limited insofar as we can suspend deletion to protect our rights.
[10.] Receipt of marketing e-mails
Our customer expressly declares that he or she agrees to receive informational material from our company for the purpose of advertising (e.g. newsletters) by post, text message, phone call or e-mail.
This consent can be cancelled at any time. To stop receiving these marketing e-mails, the customer should contact us via our service number at +43-662/66999-0 or via e-mail at email@example.com.
[11.] Embedding of social plug-ins
On our website we use social plug-ins from Facebook and Instagram.
If our customer is logged into his or her Facebook or Instagram accounts, Facebook or Instagram may be able to trace the visit to our website to the user’s account. Please note therefore that as the provider of the website we have no knowledge of the content of the data transmitted or its use by Facebook or Instagram. More information about the privacy policies of Facebook and Instagram is available at the following links: https://dedefacebook.com/about/privacy for Facebook and http://instagram.com/about/legal/privacy/# for Instagram.
If the customer is a company, it must inspect the goods provided immediately for non-conformances in quality and defects and must notify us in writing within two weeks from receipt of the goods; otherwise, assertion of warranty claims is excluded. To meet the deadline, the notice must be sent on time.
For consumers, as defined by the Consumer Protection Act, the warranty claims are based on legal provisions. The warranty period is 24 months in the EU and six months outside the EU.
[13.] Damages and liability
Our liability for breach of contract and neglect of duty is limited to intent and gross negligence. Liability for ordinary negligence – provided the liability is not related to injury to life, limb or health – is excluded in any case.
[14.] Applicable law / miscellaneous
For all legal matters, it is agreed that Austrian law applies, with the exclusion of the UN Sales Convention (CISG). If any provision of this general terms and conditions becomes invalid, this does not affect the remaining provisions. Instead of the invalid provision, the relevant statutory provisions apply.
[15.] Place of jurisdiction
If the customer is a consumer, as defined by the Consumer Protection Act, the court of jurisdiction of all legal disputes is the relevant court in the district where the customer has his or her domicile, residence or place of employment. In all other cases, it is agreed that the place of jurisdiction is the competent court at the company’s location.
Withdrawal form [6.] (pdf-file)
To withdraw from the contract, complete this form and return it to LEVITAZ Kitefoils, a brand of Geislinger GmbH, Hallwanger Landesstrasse 3, 5300 Hallwang/ Salzburg, Austria, Fax +43-662 / 66999-40, e-mail: firstname.lastname@example.org.
I/ We* hereby withdraw from the contract concluded by myself/us* for the purchase of the following goods:
Ordered on*/received on*:
Name(s) of the consumer(s):
Address of the consumer(s):
Date/ signature** of the consumer(s):
For information* cross out irrelevant text** only for hardcopy versions