General Terms and Conditions
Version 2. Date of validity: from 26.08.2021
until further notice
Landkost GmbH,
Linzer Strasse 68, AT-4240 Freistadt
(hereinafter referred to as: the “Company”)
- Scope:
These General Terms and Conditions apply to all mutual claims arising from and in connection with
the conclusion of a contract between the customer and the Company via the
online shop at www.landkost.at.
1.2 The General Terms and Conditions apply in the version valid at the time the respective
contract is concluded.
1.3. The customer's general terms and conditions shall only become part of the contract if the Company
has expressly agreed to them. - Customers:
2.1. The company only concludes contracts with customers who are registered as “users”.
2.2. It is therefore necessary to register as a “new user” before ordering for the first time.
2.3. After registering as a user, orders can be placed after successful login.
2.4.Should problems arise in connection with registration as a “new user”, logging in, the password and
the like, the Company should be contacted by email at office@landkost.at or by telephone
on +43 (0) 7942 2205.
2.5. Customers can only be private individuals with unlimited legal capacity who have reached the
age of 18, as well as legal entities.
2.6. If the customer data does not correspond to the truth, the Company reserves the right to delete the
customer, not to process the customer’s order and/or to withdraw from the contract. - Contract conclusion:
3.1 The customer’s order constitutes an offer to conclude the purchase contract.
3.2. The contract is concluded with the customer either expressly by confirmation of acceptance of
the order, or at the latest by delivery of the ordered goods.
3.3. If the order is not accepted, the customer shall be informed by the Company.
3.4. Acceptance or notification that the order has not been accepted shall take place within 5
working days. - Prices:
4.1. The prices in the online shop at www.landkost.at include statutory value added tax.
4.2. The shipping costs are shown separately as part of the order.
4.3. In connection with a shipment outside the Austrian state borders, all export and import duties shall be paid by the customer in any event.
4.4. The shipping costs can be found in the shipping costs list (corresponding link). - Payment:
In Austria you can pay by credit card (Visa, Mastercard), instant bank transfer, PayPal and
prepayment.
5.2. For deliveries to Germany, the Czech Republic, Slovakia, Slovenia, Hungary, Italy, Belgium, the Netherlands,
Luxembourg, France, Great Britain, Poland, Finland, Sweden, Denmark, Ireland, Spain, Portugal,
Greece, Estonia and Lithuania or regions specified in the payment and shipping information and not
explicitly excluded, we accept PayPal and prepayment.
5.3. The purchase price is due for payment as follows:
- Prepayment: Immediately after contract conclusion.
- Credit card, instant bank transfer and Paypal: the debit takes place on dispatch of the goods.
5.4. In the event of late payment, we reserve the right to charge reminder fees.
- Delivery:
6.1. The goods shall be delivered ex works Münzbach at the customer’s expense and risk.
6.2. Delivery takes place within 5 working days from conclusion of the contract. - Right of withdrawal:
7.1 This clause applies to customers who are consumers within the meaning of the Austrian Consumer Protection Act.
7.2 Customers may withdraw from a contract concluded remotely or a contractual declaration
made remotely without giving reasons within 14 (fourteen) working days, whereby Saturday
does not count as a working day.
7.3. The withdrawal period for the delivery of goods begins on the day they are received by the
customer, and for contracts for the provision of services on the day the contract is concluded.
7.4 It is sufficient if the withdrawal notice is sent by the deadline.
7.5. The return consignment must be sent with sufficient postage and contain the entire goods
including packaging.
7.6 The customer shall bear the risk of despatch and the burden of proof.
7.7. If the customer has returned the goods properly and on time, the Company shall immediately
refund the purchase price already paid, including any shipping costs. - Right of withdrawal for consumers residing in Germany:
8.1. This clause applies to customers who are consumers within the meaning of the German Commercial Code.
8.2 Customers may withdraw from a contract concluded remotely or a contractual declaration made
remotely without giving reasons within two weeks.
8.3 The period shall period after receipt of this instruction in text form (e.g. letter, fax, email), but
not before receipt of the goods.
8.4 It is sufficient if the withdrawal is declared to the Company in text form or by returning the goods,
whereby timely dispatch is sufficient to meet the deadline.
8.5 The goods must be returned with sufficient postage if the price of the returned goods does not
exceed € 40 or, in the case of a higher price, if the customer has not yet paid in full at the time of
withdrawal. - Warranty / Contesting contracts:
9.1.With regard to customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG), the Company complies with the statutory
warranty provisions.
9.2. If the customer is not a consumer within the meaning of the Consumer Protection Act (KSchG),
the customer shall not be entitled to any warranty rights and rescission on the grounds of error is excluded. - Liability:
10.1.The Company is only liable to customers who are consumers within the meaning of the
Austrian Consumer Protection Act (KSchG) for damage in the event of intent and gross negligence, with the exception of personal injury.
10.2. The Company shall only be liable to customers who are not consumers within the meaning of the
Austrian Consumer Protection Act (KSchG) for damage caused intentionally. - Retention of title:
11.1 The goods remain the property of the Company until payment has been made in full.
11.2. If the customer does not fulfil his payment obligations, the customer is obligated to duly
rescind the contract after the Company has withdrawn from the contract. - Data privacy:
12.1. The Company guarantees that it only collects, processes, stores and uses the customer data provided
in connection with the processing of the registration and the contract, as well as for internal market research and for its own marketing purposes.
12.2. The Company shall only pass on customer data to affiliated companies for contract processing.
12.3. If the customer does not wish the data to be used, the customer shall be entitled to object to this
use at any time by sending a corresponding email to office@landkost.at. - Place of performance:
The place of performance for all deliveries, services and payments is the Company’s registered office
in AT-4240 Freistadt, Linzer Strasse 68. - Choice of law:
14.1 The legal relationship between the Company and the customer and the respective terms and
conditions shall be governed by Austrian substantive law to the exclusion of the UN Convention
on Contracts for the International Sale of Goods.
14.2.Item 13.1. shall not affect mandatory provisions of the law of the country in which the customer has
his habitual residence if and insofar as the customer has concluded a purchase contract which
cannot be attributed to the customer's professional or commercial activity (consumer contracts)
and if the customer has performed the legal acts required to conclude the contract in the country
of his habitual residence. - Jurisdiction:
15.1. For customers who are consumers within the meaning of the Austrian Consumer Protection Act
(KSchG), the place of jurisdiction shall be determined in accordance with the general statutory provisions.
15.2. For customers who are not consumers within the meaning of the Austrian Consumer Protection Act
(KSchG), the exclusive place of jurisdiction shall be the competent court - Copyright:
16.1. The entire content of the website www.landkost.at, including these terms and conditions,
is intended solely for the information of the Company’s customers.
16.2. All content on the www.landkost.at website, including these terms and conditions,
is protected by copyright and may only be used within the legal framework. - Offsetting:
17.1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG)
may only offset in the event of the Company’s insolvency and with counterclaims that are legally
related to the consumer’s liability, have been established by a court or have been recognised by the Company.
17.2. Customers who are not consumers within the meaning of the Consumer Protection Act (KSchG) are denied the right of offset. - Miscellaneous:
18.1 Should individual provisions of the contract be wholly or partially invalid or lose their legal validity
at a later date, this shall not affect the validity of the remainder of the contract.
18.2. In this case, the parties undertake to replace the invalid provision with a valid provision which,
as far as legally possible, comes closest to the economic purpose pursued by the invalid provision,
taking into account the interests of the parties expressed
in this Contract.
18.3 The same applies if the contract contains a loophole not provided for by the parties.