§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of Leonessa, Herrengasse 6-8, 1010 Vienna (hereinafter: "Seller"), regarding the online shop www. leonessa. at and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customers are subject to the law of the Republic of Austria. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The validity of UN sales law is excluded.
(3) The contractual language is German.
(4) The place of jurisdiction shall be Vienna if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Austria or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
(5) We deliver to the following countries: worldwide.
(6) Customers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts: ec. europa. eu/consumers/odr.
§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers the customers in the online shop www. leonessa. at new goods, especially shoes, accessories, etc. , for sale.
(2) When purchasing in the online shop, a purchase contract is concluded through the acceptance of the customer's order by the seller. Price markings in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail. The customer also has the option of contacting the seller by telephone or e-mail to enquire about a particular item. After receipt of such a request, the seller submits a corresponding offer to the customer by e-mail. A contract is only concluded when the customer accepts this offer.
(3) The text of the contract is stored. However, it is only accessible to the customer on request.
§ 3 Prices, shipping costs, VAT and payment
(1) In the case of orders via the online shop, the prices stated there shall apply. All prices include the statutory VAT. (2) The prices are exclusive of the price. Shipping and packing costs, which are communicated to the customer before placing the order. The amount of shipping costs depends on the desired destination: see https://leonessa. at/Versand-United-Nude
(3) The delivery to the Customers by the Seller shall be made at the Customer’s request against the following payment methods:
- Credit card
- Cash payment on site (Click & Collect)
(4) If a customer is in default with his payment obligations, the seller may demand compensation in accordance with the statutory provisions and / or withdraw from the contract. (5) The Seller shall always issue an invoice to the Customer, which shall be delivered to him upon delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) Unless otherwise agreed in the contract, the ordered goods shall be delivered to the address specified by the customer. Delivery is made from the Seller’s warehouse.
(2) The availability of the individual goods is indicated in the product descriptions. Unless expressly agreed otherwise, the Seller will ship goods in stock within 3-7 working days from receipt of payment. If in the case of a sale via the online shop the goods are marked as out of stock, the seller shall endeavour to deliver them as quickly as possible. The Seller’s information on the delivery deadline is non-binding, unless, exceptionally, the delivery date has been agreed by the Seller.
(3) The Seller reserves the right to make a partial delivery if this appears to be advantageous for a speedy processing and if the partial delivery is not exceptionally unreasonable for the Customer. Additional costs arising from partial deliveries shall not be invoiced to the customer. (4) The Seller reserves the right to withdraw from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-delivery reservation applies only if the seller is not responsible for the non-delivery. The Seller shall not be liable for the non-performance, provided that a so-called “delivery” with the supplier is in good time. a congruent hedging transaction for the fulfilment of contractual obligations has been concluded. If the goods are not delivered, the Seller shall immediately inform the Customer of this circumstance and reimburse a purchase price already paid as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is a businessman, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the freight forwarder, the carrier or the person otherwise designated to carry out the shipment upon delivery of the goods.
§ 5 Reservation of title
The delivered goods shall remain the property of the Seller until all claims arising from the contract have been met; if the Customer is a legal person under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond the current business relationship until all claims arising from the Seller in connection with the contract have been settled. Treaty.
§ 6 Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for material defects and defects of title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods does not justify a warranty claim against the seller. The customer can find instructions for proper handling in the manufacturer's descriptions.
(3) Defects shall be remedied by the customer within a warranty period of two years in the case of new items or of one year in the case of used goods to the seller. The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The aforementioned limitations of liability shall also not apply to claims for damages by the customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
The foregoing abbreviations do not apply to defects in a work or object which has been used for a work in accordance with its normal use and has caused its defectiveness. The foregoing reductions also do not apply to the extent that the Seller fraudulently concealed a defect or assumed a guarantee for the quality of the goods, and not to claims for compensation of damage to body or health due to a defect for which the Seller is responsible or due to wilful or grossly negligent fault of the Seller Seller or his vicarious agents.
(4) If defects are present and these have been asserted in due time, the seller is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. For the rest, the statutory provisions apply.
§ 8 Information obligations in the event of transport damage
If goods are delivered with obvious damage to the packaging or to the contents, the Customer shall, without prejudice to his warranty rights (§ 7), immediately complain to the freight forwarder/service and contact the Seller immediately by e-mail or by other means (fax/post) in order to ensure that the Seller has any rights against the freight forwarder/service service.
§ 9 Exclusion of liability
(1) Apart from liability for material and legal defects, the seller shall be liable without limitation, insofar as the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability in the preceding paragraph shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.