Terms of Service

General Terms and Conditions (GTC) of Loidhold GmbH

Table of contents

Scope of application
Offers and service descriptions
Order process and conclusion of contract
Prices and shipping costs
Delivery, availability of goods
Payment modalities
Retention of title
Warranty for material defects and guarantee
Haftung
Right of withdrawal for consumers
Right of withdrawal of the contractor
Privacy policy
Place of jurisdiction

1. Scope

1.1. All business relationships between Loidhold GmbH, Fohregg 1, A-3244 Ruprechtshofen (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. you can reach our customer service on weekdays from 8:00 to 12:00 on the telephone number 0043 2756 287171 and by e-mail at info@loidhold.at.
1.3. consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online store does not constitute a legally binding offer.
2.2 All offers are valid “while stocks last”, unless otherwise stated.

3. Order process and conclusion of contract

3.1. The customer can place products in the shopping cart without obligation.
3.2 By clicking on “order with obligation to pay”, the customer submits a binding purchase offer.
3.3 The seller automatically confirms receipt of the order by e-mail (order confirmation). The contract is only concluded by an express order confirmation or the dispatch of the goods.
3.4. In the case of advance payment, the contract is concluded with the provision of the bank details and payment request.

4. Prices and shipping costs

4.1. All prices include the statutory value added tax.
4.2. Shipping costs are shown separately.

5. Delivery, availability of goods

5.1. Delivery takes place after receipt of payment.
5.2. If delivery fails despite three attempts, the seller may withdraw from the contract.
5.3. If a product is not available, the customer will be informed and, if necessary, a refund will be arranged.
5.4. In the case of custom-made products, production will only begin after full payment has been received.

6. Payment methods

6.1. The available payment methods will be communicated to the customer.
6.2. Invoices must be paid within 8 days.
6.3. Third-party payment services are subject to their terms and conditions.
6.4. Default of payment leads to statutory default interest.

7. Retention of Title

7.1. The goods remain the property of the seller until full payment has been made.

8. Material defect warranty and guarantee

8.1. The warranty is provided in accordance with statutory provisions.
8.2. Warranties only apply if expressly stated.
8.3. Flood and storm damage are not covered.
8.4. In the case of installation services, the seller does not guarantee the tightness or functionality of the flood protection products. The effectiveness of the systems depends on structural conditions and correct application by the customer.

9. Liability

9.1. The seller shall be liable without limitation for intent and gross negligence.
9.2. In the event of slight negligence, the seller shall only be liable for the breach of essential contractual obligations (cardinal obligations), but limited to the typically foreseeable damage.
9.3. Liability for loss of profit, indirect damage or consequential damage is excluded, unless there is intent or gross negligence.
9.4. liability for damages resulting from injury to life, body or health remains unaffected.
9.5. no liability for flood protection products in the event of improper use, inadequate maintenance or extreme weather events exceeding the design limits.

10. right of withdrawal for consumers

10.1. Consumers have the right to withdraw from the contract within 14 days without giving reasons.
10.2. The withdrawal period begins on the day of receipt of the goods.
10.3. To exercise the right of withdrawal, the customer must send a clear declaration (e.g. by e-mail or letter) to the seller.
10.4. The customer bears the return costs, unless otherwise agreed.
10.5. further information on the right of withdrawal can be found in the cancellation policy on the website.
10.6. exclusion of the right of withdrawal: The right of withdrawal does not apply to custom-made products and customized products that are manufactured according to customer specifications or are clearly tailored to personal needs.

11. right of withdrawal of the contractor

11.1 The Contractor is entitled to withdraw from an order that has already been accepted if no services have yet been provided. In this case, any advance payment already made shall be refunded in full. Further claims by the Client, in particular claims for damages, are excluded.

11.2 Withdrawal in special circumstances
The Contractor reserves the right to withdraw from the contract if:
a) it subsequently becomes apparent that the execution of the order is not economically or technically viable,
b) the Client breaches material contractual obligations or it becomes apparent that cooperation based on trust is not possible,
c) force majeure or unforeseeable circumstances (e.g. delivery bottlenecks, illness) make execution impossible.

In the event of withdrawal, any payments already made will be refunded, provided that no partial services have already been rendered.

11.3 Exclusion of further claims
All mutual claims arising from the contract shall be settled with the reimbursement of any advance payment made. Further claims of the client, in particular compensation for damages or loss of profit, are excluded.

12. data protection provisions

12.1. The seller collects, processes and stores personal data of the customer exclusively within the framework of the statutory provisions (GDPR).
12.2. data processing is carried out for contract processing, customer support and marketing purposes.
12.3. the customer has the right to information, correction, deletion and restriction of the processing of his personal data.
12.4. further information can be found in the privacy policy on the website.

13. place of jurisdiction

13.1. Austrian law applies exclusively to all disputes arising from or in connection with these GTC.
13.2. The exclusive place of jurisdiction is the competent court for the registered office of Loidhold GmbH in St. Pölten, Austria.