Terms & Conditions

In the following we would like to present our General Terms and Conditions, which are the basis for your purchase and its processing and handling .

1. General Provisions

• The following Terms and Conditions apply to all orders placed by a consumer or a businessman (hereinafter "Customer") with LidaLida GmbH (hereinafter "LidaLida"). A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

• LidaLida operates as an online shop at the internet address www.lidalida.at (the "Website"). All orders placed by the Costumer via the Website as well as all deliveries and services are governed exclusively by the General Terms and Conditions set out below, as applicable at the time the order is placed. LidaLida does not accept any diverging terms and conditions from the Customer except where specifically agreed in writing.

• LidaLida offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices as stated here.

• By agreeing to these Terms of Conditions, the Customer confirms that he is over 18 years old and agrees to be bound by the following Terms and Conditions.

• The Customer may not use LidaLida’s goods for any illegal or unauthorized purpose nor may the Customer, in the use of the website, violate any laws in his/her jurisdiction (including but not limited to copyright laws). The Customer agrees not to reproduce, duplicate, copy, sell or resell any goods from the Website, without written permission by LidaLida. The Costumer must not transmit any worms or viruses or any code of a destructive nature.

• A breach or violation of any provision of the Terms and Conditions will result in an immediate termination of the Customer’s services.

• LidaLida’s store is hosted on Shopify Inc. Shopify Inc. provides LidaLida with the online e-commerce platform that allows LidaLida to sell its goods.

2. Contracts

• The contract is concluded between the Customer and LidaLida. 

• Contracts can be concluded in German or English.

• The range of goods listed in the order forms is subject to change and only represents a non-binding invitation to the customer to order goods. LidaLida reserves the right to make reasonable changes to the goods and their prices.

• By submitting the order form, provided on the Website, the Customer places a binding offer for a purchase contract with LidaLida. The Customer submits its offer by entering all required information during the ordering process and submitting the order form by using the button "complete order". Before the Customer submits an offer he will be able to view the details input and correct any mistakes in the information provided.

• After receiving an order, LidaLida will confirm the receipt of the Customer’s order immediately via e-mail stating the details of the order (hereinafter “Order Confirmation”). Please note that the Order Confirmation does not declare acceptance of the Customer’s contractual offer but serves for information purposes only.

• A purchase contract between the Customer and LidaLida will become effective only after LidaLida has accepted the offer by dispatching the goods ordered within 3 to 14 days. If payment in advance was chosen as payment option, the goods will be dispatched within 3 to 14 days only after the full amount has been credited to LidaLida’s account within 7 days after the order was made by the Customer. 

• LidaLida reserves the right to refuse orders. LidaLida may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that LidaLida makes a change to or cancel an order, LidaLida notifies the Customer within 3 to 14 days via e-mail and/or billing address/phone number provided at the time the order was made. LidaLida reserves the right to limit or prohibit orders that, in LidaLida’s sole judgment, appear to be placed by dealers, resellers or distributors.

3. Right of withdrawal for consumers

Please see also our Cancellations, Returns, Exchanges Policy for information on returns.

• The Customer, as a consumer, however, is entitled to the right of withdrawal in accordance with the conditions set out below: 

Cancellation Policy – Right of withdrawal

• The Customer has the right to withdraw from this contract within 14 days without giving any reason.

• The withdrawal period is 14 days from the day on which the Customer or a third party named by the Customer, who is not the carrier, has or has taken possession of the goods. In order to exercise the right of withdrawal, the Customer must inform LidaLida GmbH, Tuchlauben 7a, 1010 Wien, +43664991182727, customerservice@lidalida.at, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to revoke the contract. The Customer may use the return form enclosed with the order for this purpose, which is, however, not mandatory. The Customer may submit the return form or any other unequivocal statement. If the Customer makes use of this option, LidaLida will immediately send him a confirmation (e.g. by e-mail) of the receipt of such a withdrawal.

• In order to comply with the withdrawal period, it is sufficient that the Customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal by consumer

• If the Customer withdraws from this contract, LidaLida shall reimburse the Customer for all payments it has received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by LidaLida), without undue delay and at the latest within 14 days from the day on which LidaLida receives the notification of withdrawal from this contract.

• For the repayment, LidaLida will use the same means of payment as the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no event LidaLida will charge a fee for such repayment. LidaLida may refuse to make a repayment until LidaLida has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.

• The Customer shall return or hand over goods to LidaLida without any delay and in any event not later than 14 days from the day on which the Customer has notified LidaLida of the revocation of the relevant contract. The withdrawal period shall be met if the Customer sends off the goods before the expiry of the 14-day period.

Sample cancellation form

• LidaLida informs about the model withdrawal form according to the legal regulation as follows:

Model cancellation form

To:

LidaLida GmbH

Tuchlauben 7a

1010 Vienna

Austria

Tel.: +43 664 99118272 

E-mail address: customerservice@lidalida.at.

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services

for the purchase of the following goods (*)/ the provision of the following

service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where inapplicable

4. Returns

• Please see our Cancellations, Returns and Exchanges Policy for general information on returns. For further information on returning your order, please see below.

• All return shipments will be at LidaLida’s expense, if the following provisions are complied with (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option offered by LidaLida).

• All return shipments are made solely using the same service as the original delivery, using the return sticker that is enclosed in the original package. The necessary documents and instructions for returning items will be enclosed.

• Please note that LidaLida can only accept returns from the country which the shipment was sent to.

• In case of a return, the purchase price will be refunded onto the Customer’s account/credit card upon receipt of the returned goods. Potential losses due to currency fluctuations will not be refunded. Please note that if an item is returned, taxes and import duties will be only refunded if they were originally included in the purchase price.

• All returns have to be sent to: LidaLida GmbH, Frikusweg 10, 8141 Premstätten, customerservice@lidalida.at. 

5. Pricing, availability and taxes

• The prices stated on the Website at the time of the respective order apply.

• The prices stated on the Website are non-binding and may be changed at any time.

• The product prices shown on the Website are including the statuary VAT.

• Delivery costs are not included in the prices and will be charged in addition. The delivery costs applicable to the respective order will be clearly displayed at checkout before the order is placed (and are included in the "Total Cost" amount shown on the order summary page).

6. Product presentation

6.1. The goods offered at the Website are presented on the Website in the form of digital photographs of the actual goods. Minor discrepancies between the presentation and the actual goods do not qualify as a defect in the goods ordered. LidaLida has made every effort to display as accurately as possible the colors and images of its products that appear at the store.

7. Shipping

• Depending on the Customer’s delivery address, different taxation rules and additional charges may apply. If items are not to be shipped within Austria, import duties may have to be paid upon receipt of the products. LidaLida will notify the Customer during the checkout process if import duties are included or if the Customer may have to pay import duties upon receipt of the products. If import duties are not included, LidaLida has no control over these charges and cannot advise on their amount. In this case, the Customer will be responsible for payment of any such import duties and taxes that are not included. LidaLida advices the Customer to contact the respective local customs office for further information and a “landed cost estimate” before placing the order.

• LidaLida is entitled to make partial deliveries to a reasonable extent. 

• If LidaLida is not able to deliver the ordered goods without any fault on its part, because the supplier does not fulfil its contractual obligations, LidaLida shall be entitled to withdraw from the contract with the Customer. In this case, the customer will be informed immediately that the ordered product is not available and any payments already made will be refunded without delay. The Customer's statutory claims shall remain unaffected.

8. Payment

• Accepted methods of payment:

• Credit Card: Visa, Mastercard, Maestro, American Express

• Apple Pay

• eps-Überweisung

• Klarna Pay Now

• Paypal

• All payments and credit notes will be handled in Euro/€.

• When the order is submitted, LidaLida carries out a standard pre-authorization check on the Customer’s payment card; products will not be dispatched until the payment details provided by the Customer are verified. To order products the Customer must be at least 18 years old and must possess a valid credit or debit card. By placing an order, the Customer promises that all details provided are true and accurate, that he is at least 18 years old, that he is an authorized user of the credit or debit card used to place the order and that there are sufficient funds in the account to cover the cost of the order.

9. Retention of title

The goods delivered remain property of LidaLida until the full purchase price has been paid.

10. Inquiries, complaints

For any inquiries about your order or complaints, please contact our Customer Service Team:

email: customerservice@lidalida.at.

 phone: +43 664 991182727

11. Warranty

• Claims based on defects in the delivered goods shall be governed by the applicable legal provisions.

• For orders and deliveries within the Federal Republic of Austria, claims shall be governed within the scope of the Austrian Civil Code (“Allgemeines bürgerliches Gesetzgebuch, ABGB”) and the Austrian Warranty Act for Consumers (“Verbrauchergewährleistungsgesetz, VGG”).

• This means that the Customer may first and foremost demand replacement or improvement. The Customer shall only be entitled to reduce the purchase price or withdraw from the contract if the replacement or improvement is not possible, involves a disproportionately large effort, LidaLida refuses the replacement or improvement or the improvement or replacement would involve considerable inconvenience for the Customer.

• Warranty claims shall become invalid two years after delivery of the goods.

• Defects are not:

• Wear and tear due to use or other natural wear and tear;

• Condition of the goods or damage occurring after the transfer of risk (at the time of handing over the goods to the Customer) as a result of improper handling, storage, non-compliance with treatment instructions, excessive stress or use or lack of care;

• The condition of the goods or damage caused by force majeure, external influences not provided for in the contract or by the use of the goods outside the scope of the use provided for in the contract or their normal use;

• In the case of used goods: usual or signs of use.

12. Liability

• LidaLida shall only be liable for damages in case of intent or gross negligence.

• LidaLida shall only be liable for slight negligence in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely. In all other respects, liability for damages of any kind, irrespective of the basis of the claim, including liability for culpa in contrahendo, is excluded.

• LidaLida does not guarantee, represent or warrant that the use of the Website will be uninterrupted, timely, secure or error-free. LidaLida is not liable to the Customer or any user for any loss or damage, arising in connection with the use of the Website or the inability to use the Website, or any use of or reliance on any content displayed on the Website.

• LidaLida is not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

• The foregoing exclusions and limitations of liability shall neither apply if LidaLida has given a guarantee (with regard to the guarantee), nor if damages resulting from injury to life, body or health are concerned, nor if claims under the Austrian Product Liability Act (“Produkthaftungsgesetz, PHG”) exist.

• The foregoing exclusions and limitations of liability shall also apply in favor of LidaLida’s employees, vicarious agents and other third parties used by LidaLida for the performance of the contract.

13. Processing of Data

• LidaLida collects and stores the Customer's data necessary for the business transaction. When processing the customer's personal data, LidaLida complies with the statutory provisions.

• LidaLida’s Privacy Policy can be found under this link: https://www.lidalida.at

14. Governing Law, and other provisions

• These Terms and Conditions and the entire legal relationship shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. Business to business, the applicability of the Austrian Private International Law Act, (“Internationales Privatrechtgesetz”, “IPRG”) is excluded.

• The contract concluded between LidaLida and the Customer contains all agreements made between the parties regarding the subject matter of the contract. Declarations by LidaLida must be in writing in order to be valid; this also applies to any waiver of this written form requirement.