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 GENERAL TERMS OF BUSINESS FOR THE PIERRE LANG CLUB ONLINE SHOP

 

 1. VALIDITY 

 

1.1. Unless otherwise expressly agreed, these General Terms of Business (hereinafter referred to as the Terms), which are published on our website at club.pierre-lang.com, shall apply exclusively for Pierre Lang hostesses, consultants and customers who have registered with the Pierre Lang Club, in the published version valid at the time of conclusion of the contract, to all transactions of legal significance between Pierre Lang Europe Handelsgesellschaft m.b.H. (hereinafter abbreviated to Pierre Lang) and members of the Pierre Lang Club. 

 

1.2. Conflicting terms or terms that deviate from our Terms or from optional law shall not be part of the contract content unless their validity has been expressively agreed in writing on an individual basis. 

 

1.3. Contract-fulfilment negotiations on our side shall not apply as agreementto contractual terms that deviate from our Terms or from optional law. 

 

1.4. These Terms shall apply as framework agreements for all further transactions of legal significance. 

 

1.5. The provisions of the Austrian Consumer Protection Act (KSchG) shall apply to transactions with consumers pursuant to the same Act. These Terms shall apply to registered Pierre Lang hostesses, consultants and customers from Austria for the placing of product orders in accordance with the currently applicable offer on our website at club.pierre-lang.com. 

 

1.6. Orders can only be made via our website at club.pierre-lang.com. 

 

1.7. Orders placed via our self-employed jewellery consultants are subject to our General Terms of Business for Direct Sales. 

 

1.8. The placing of an order on our website at club.pierre-lang.com signifies that you agree to the validity of the General Terms of Business for the Pierre Lang Club. 

 

 

2. CONCLUSION OF THE CONTRACT 

 

2.1. All information on products and prices on our website at club.pierre-lang.com is subject to change without notice insofar as it is not expressly specified as binding. By visiting our website at club.pierre-lang.com, registered Pierre Lang hostesses, consultants and customers can take advantage of the current offers promoted in the Pierre Lang Club. 

 

2.2. Data may be amended and viewed at any time before the order is placed.

 

 2.3. Clicking on the "Complete order" button shall constitute a binding offer to purchase the goods in the quantity selected by you. 

 

2.4. Receipt of the order shall be confirmed immediately by Pierre Lang. Confirmation of the receipt of an order shall not yet apply as acceptance of the contract. 

 

2.5. We have the right to either accept or reject offers of this kind within 14 days of receipt at Pierre Lang. If we are unable to execute your order because the goods ordered are not available, we shall advise you thereof without delay and refund any payments already made. The same shall apply if we do not accept your offer. 

 

2.6. The binding purchase contract relating to the goods ordered shall only come into being with the express or implied acceptance of your order or through de facto fulfilment by means of dispatch of the goods ordered. 

 

 

3. PERFORMANCE RESERVATION IN THE CASE OF UNDELIVERED GOODS 

 

3.1. If the goods ordered cannot be delivered within 30 days of the day following your order, we may withdraw from the contract, even if we have previously confirmed the conclusion of the contract. 

 

3.2. In the case of withdrawal, we shall inform you immediately of non-availability and shall reimburse the considerations rendered by you immediately.

 

 

 4. PRICES Our prices shall be valid until the date specified on our website at club.pierre- lang.com and shall include value-added tax. 

 

 

5. PAYMENT TERMS 

 

5.1. You shall receive the invoice for the delivered goods with the same postal delivery as the goods. 

 

5.2. Payment for the goods shall be made by means of a credit card (Visa, MasterCard) or an immediate transfer. 

 

 

6. DELIVERY AND RESERVATION OF PROPRIETARY RIGHTS 

 

6.1. We shall deliver our goods to the specified delivery address. The delivery time is usually 7-10 working days. A specific delivery date shall not be provided (§ 5i Para. 1 KSchG). 

 

6.2. Delivery of the goods ordered shall usually be made by a forwarding/postal company commissioned by Pierre Lang, e.g. DHL. 

 

6.3. The delivered goods shall remain our property until full payment of the purchase price. 

 

6.4. All prices specified on our website at club.pierre-lang.com shall include value-added tax.

 

 6.5. Information in accordance with § 5c KSchG: a) Pierre Lang Europe Handelsgesellschaft m.b.H. is a company entered in the Commercial Register of the Vienna Commercial Court under FN 43915g. Its headquarters is in Vienna and its business address is Kolbegasse 70A, A-1230 Vienna. b) The information on our website at club.pierre-lang.com should be consulted regarding the principal attributes of the goods, the price including all taxes, any delivery costs, payment details and delivery/fulfilment information. c) The consumer has a right of withdrawal in accordance with § 5e KSchG (see Section 

 

 

7. Right of withdrawal). d) Costs for the use of a means of telecommunication shall not be invoiced separately. e) The website at club.pierre-lang.com should be consulted regarding the period of validity of offers and prices. 7. RIGHT OF WITHDRAWAL 

 

7.1. As a consumer you may withdraw from the contract concluded with us by means of distance selling (via the Internet, e-mail) without giving reasons within 14 working days of receipt of the goods. 

 

7.2. The withdrawal period shall begin on receipt of the consignment of goods ordered. It shall suffice if the notice of withdrawal is dispatched in written form (letter or e-mail) without giving reasons or the product is returned within the withdrawal period. Saturdays do not count as working days. 

 

7.3. The notice of withdrawal/return consignment is to be addressed to: Post: Pierre Lang Europe Handelsgesellschaft m.b.H., Kolbegasse 70, A-1239 Vienna or e-mail: club@pierre-lang.com 

 

7.4. In the event of your withdrawal, the purchase price shall only be reimbursed in whole or in part contemporaneously with the return of the goods received by you. You shall bear the costs of returning the goods. 

 

7.5. The goods must be returned unused, in a resalable condition and in the original packaging. In the case of jewellery items or other goods that are impaired by signs of use or that have damaged packaging, an appropriate fee shall be retained by us in respect of the value decrease. 

In addition to your order you receive a free sample (2ml) to try your chosen fragrance.

In case you wish to return a fragrance it must be unopened and still in its plastic wrap.

7.6. The same shall apply if accessories or parts are missing when the goods are returned. 

 

 

8. WARRANTY 

 

8.1. The statutory provisions (§§ 922 ff Austrian Civil Code in conjunction with § 9 KSchG) shall apply to consumer transactions. We can demand from you that you send the product, if this is feasible, to us for the purpose of fulfilling our warranty obligation. 

 

8.2. In all other cases the following shall apply: a) Disregarding cases in which there is a right of cancellation in accordance with the law, we shall reserve the right to satisfy the warranty claim at our own choice by means of rectification, exchange or a price reduction. b) The existence of a defect at the time of handover must be proven by you in all cases. c) The warranty period shall be two years from delivery of the goods. 

 

 

9. LIABILITY 

 

9.1. We shall only be liable towards you for damage caused with intent or through gross negligence, with the exception of personal injury. 

 

9.2. The above limitation of liability shall apply to all claims for damages, regardless of the legal basis, including unlawful acts; it shall not apply to any liability pursuant to the Austrian Product Liability Act, on account of a warranted attribute, to losses arising from goods accepted for processing or to personal injury. 

 

 

10. PRODUCT LIABILITY Any claims of recourse pursuant to § 12 of the Austrian Product Liability Act (PHG) that are addressed to us by you or a third party in matters regarding "product liability" pursuant to the PHG are excluded, unless you or the third party provide evidence that the defect was caused in our sphere by gross negligence at the least. 

 

 

11. NON-ASSIGNMENT Your contractual rights against us may not be assigned to third parties in the absence of express agreement thereto. 

 

 

12. DATA PROTECTION 

 

12.1. You shall give your consent that the personal details contained in the purchase contract may be saved and processed by us with IT assistance in fulfilment of the contract. 

 

12.2. During all data-processing processes, in particular the collection, saving and transfer of your personal details, Pierre Lang shall comply with statutory data-protection provisions in accordance with the provisions of the Austrian Data Protection Act 2000. The data required for order processing shall be saved at Pierre Lang and passed on in the requisite scope to service providers (e.g. carriers) commissioned by Pierre Lang. 

 

12.3. In the event of an online product order via our website at club.pierre-lang.com, the contract text shall not be saved at Pierre Lang and cannot be called up again after the ordering process has been completed. You can, however, print out the order information immediately after submitting the order. 

 

 

13. COPYRIGHTS 

 

13.1. Specimens, catalogues, brochures, images and similar shall remain our intellectual property at all times. You shall not receive any work-usage or exploitation rights of any nature thereto. 

 

13.2. All image rights, copyrights and other industrial property rights to the content of our website at www.pierre-lang.com shall be held by Pierre Lang. Use without prior agreement shall not be permitted. 

 

 

14. GENERAL PROVISIONS 

 

14.1. The contract shall be subject to Austrian law exclusively, excluding the provisions of international private law and UN sales law. 

 

14.2. For actions against consumers, the competent court shall be that with the judicial district in which the consumer's domicile, usual place of residence or place of employment is located. Insofar as there is no consumer transaction, the exclusive place of jurisdiction for all disputes arising from or in conjunction with the contract shall be the court with subject-matter competence at the headquarters of Pierre Lang Europe Handelsgesellschaft m.b.H. 

 

14.3. You shall be obliged to notify us of changes to your residential/business address as long as the contract has not been fulfilled in full on both sides. If this notification is neglected, declarations shall also apply as received if they are sent to the address notified most recently. 

 

14.4. If a provision of this contract is or becomes inapplicable or ineffective for any other reason, this shall not affect the validity or legal force of all other contractual provisions. A provision that most closely satisfies the wishes of the contracting parties with respect to the content and significance of the legally valid provisions of this contract shall apply in the place of the inapplicable provisions. This shall also apply to any contractual gaps. 

 

14.5. Amendments and/or additions to this contract shall require the written form for their legal force. The same shall apply to the removal of this requirement for the written form.

 

 "Pierre Lang" Europe Handelsgesellschaft m.b.H.