General Terms and Conditions

Herzog Loibner Anstalt, Aeulestrasse 20, 9490 Vaduz, Principality of Liechtenstein

Scope, Definitions & Miscellaneous

The terminology used herein takes into account both the female and male gender equally. For the sake of simplified readability, an explicit reference to both genders is dispensed with in the following General Terms and Conditions (hereinafter "GTC") of Herzog Loibner Anstalt, Aeulestrasse 20, LI-9490 Vaduz (hereinafter "Seller").

The contracting parties declare the GTC set out herein to be an integrated part of the contract for all contracts concluded via the Seller's webshop. The customer declares their express agreement with these GTC digitally prior to conclusion of the contract and confirms that they have read and understood them (electronic information during the ordering process).

These GTC can furthermore be viewed, printed and/or saved at www.herzogloibner.com.

Only the GTC set out by the Seller shall apply, unless otherwise agreed in writing between the Seller and the customer. In case of doubt, alleged collateral agreements between the Seller and the customer are expressly disputed by the Seller. The inclusion of the customer's own terms and conditions is expressly objected to. Deviating, conflicting or supplementary GTC of the customer (battle of forms) shall under no circumstances form part of the contract.

Unless expressly regulated otherwise, the GTC also apply to the redemption of vouchers (voucher codes).

The ordered goods are not intended for resale. Unlawful conduct by the customer shall give rise to liability for damages.

Data Protection

The customer expressly agrees that their personal data, in accordance with the separately published privacy policy, will be processed for the purpose of sales processing, marketing measures of the Seller and compliance with legal and contractual obligations. This consent can be withdrawn at any time from the Seller, provided that this does not violate any statutory retention or identification obligations. Withdrawal does not affect the lawfulness of the processing carried out up to that point. For the rest, reference is made to the content of the Seller's privacy policy, which can be accessed, printed and saved online. The customer declares to have read and understood the Seller's privacy policy.

Conclusion of Contract, Time of Debiting & Customer Obligations

All information regarding the goods offered via the Seller's webshop is non-binding and subject to change at any time by the Seller.

The product offers in the webshop do not constitute a legally binding offer, but are to be understood as a non-binding invitation in the sense of a non-binding online catalogue until the digital conclusion of the transaction. By selecting a product in the webshop, the customer submits a binding purchase offer to the Seller.

The customer can submit an offer by completely filling out and confirming the online order form provided by the Seller. To do so, the customer must place the selected goods in the virtual shopping cart and complete the electronic ordering process. Consequently, by clicking the button "Buy Now" completing the ordering process, the customer submits a legally binding and chargeable offer for the products in the shopping cart of the Seller.

The customer's ordering process is completed by a declaration of intent by the Seller in the form of a specific order confirmation, which is sent to the customer at the email address provided by them. A binding contract is concluded upon receipt of the order confirmation. Technical problems within the customer's sphere of responsibility are to be borne by the customer.

Non-receipt of the order confirmation must be reported to the Seller without delay. At the latest upon dispatch of the ordered goods, the Seller declares the successful conclusion of the contract by conclusive conduct.

Order processing generally takes place by email and automated order processing. The customer must ensure that the customer information provided during the order has been entered correctly so that the automated ordering process can be fulfilled by the Seller in accordance with the contract. The customer must also ensure that the use of spam filters does not prevent the delivery of emails sent by the Seller. Incorrect entries for which the customer is responsible shall in any case prevent the Seller from falling into default with their performance.

Prices, Payment Terms & Due Date

All prices are inclusive of sales tax or VAT and exclusive of shipping costs. Subject to errors and price changes.

Payment can be made through the payment service providers indicated on the website.

Payment for the goods is due in advance and in full within seven days, otherwise the Seller shall withdraw from the purchase contract.

The charge via the payment method indicated by the customer shall be made upon dispatch of the order by the Seller and the customer expressly agrees to the debiting of the order value, including the agreed shipping costs.

Any costs of a monetary transaction (advance transfer) or another chosen payment method and payment service are to be borne by the customer themselves.

Discounts require a written agreement between the Seller and the customer.

Delivery Conditions

Stated delivery periods are to be understood exclusively as a guide and do not constitute a contractual assurance of the delivery date. The Seller dispatches the purchased goods via a value-insured delivery service and cannot guarantee the punctuality of said third party.

Delivery is effected by sending the purchased goods to the delivery address provided by the customer. Any liability for input errors and mistakes regarding the delivery address provided by the customer is disclaimed.

Delivery is at the cost and risk of the customer. The Seller accepts no liability for delivery delays that are not attributable to the Seller.

The relevant shipping costs are displayed to the customer during the ordering process and form an integrated part of the purchase contract upon submission of the customer's offer.

Cancellation Policy

Customers who qualify as consumers within the meaning of the distance selling regulations have the right to withdraw from this contract within fourteen days without giving any reason. The non-extendable withdrawal period begins on the day on which the goods were duly delivered to the customer's stated delivery address.

In order to exercise the right of withdrawal as a customer, the withdrawal from the concluded contract must be delivered to the Seller within the non-extendable period of 14 days. The customer can notify the Seller of the withdrawal by email to office@herzogloibner.com, by fax to 00423 230 30 or by letter. The withdrawal by post can be combined with the return of the goods. The withdrawal declaration must be sent from EU countries together with the goods to the address Herzog Loibner Lager | Carinagasse 36 | 6800 Feldkirch | Austria. For CH and LI, the return address is Herzog Loibner Anstalt | Aeulestrasse 20 | LI-9490 Vaduz. The sample form set out below in the GTC can be used for the withdrawal. This form can also be obtained from the Seller's webpage (www.herzogloibner.com).

Sample Form

You can simply print out this form and then fill it in. To do so, click on "File" in the menu bar and then "Print...". If you have any questions, we are always happy to help at: +423 230 3000.

WITHDRAWAL I hereby withdraw in accordance with Art. 12 FAGG from the contract concluded with Herzog Loibner Anstalt, Aeulestrasse 20, 9490 Vaduz, Principality of Liechtenstein, concerning the purchase of the goods listed below, in compliance with the 14-day period.

I undertake to return the goods in undamaged and perfect condition to Herzog Loibner Anstalt within 14 days from the date of this declaration. I am aware and agree that Herzog Loibner Anstalt will only refund the purchase price paid including delivery costs to me in the event of a proper reversal of the transaction. I am solely responsible for any damage and the accidental loss of the goods.

Date and customer signature _________________________________

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To comply with the withdrawal period pursuant to clause 21 of these GTC, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period (postmark). Receipt of the customer's withdrawal declaration will be confirmed by the Seller promptly.

If the customer withdraws from the contract, the purchase price paid including the original shipping costs will be refunded by the Seller without delay, but at the latest within fourteen days of receipt of the undamaged goods. For this refund, the Seller uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise between the customer and the Seller.

The Seller reserves the right to withhold any refund until undamaged receipt of the withdrawn goods.

The buyer undertakes to return the withdrawn goods without delay and in any case no later than within fourteen days from the day on which the buyer informed the Seller of the withdrawal from the contract in question to the addresses listed below.

From EU countries: Herzog Loibner Lager | Carinagasse 36 | 6800 Feldkirch | Austria.

From CH and LI, the return address is: Herzog Loibner Anstalt | Aeulestrasse 20 | 9490 Vaduz | Principality of Liechtenstein.

The deadline is met if the buyer returns the goods before the expiry of the fourteen-day period (postmark).

The buyer must bear the direct costs of returning the goods themselves and arrange for appropriate value insurance of the shipment. The risk of accidental loss of the goods during the return shipment is borne by the buyer.

The buyer must compensate for any loss in value of the goods (damage), provided that this loss in value is attributable to handling of the goods by the buyer that is not in accordance with their nature, characteristics and functioning.

Retention of Title

The Seller retains ownership of the delivered goods until receipt of all payments from the purchase contract and until the expiry of the withdrawal period pursuant to clause 21 of these GTC. The customer must inform the Seller without delay of any access by third parties, in particular enforcement measures and other interferences with ownership.

Warranty, Assertion & Deadlines

The statutory warranty rights shall apply.

In order for these claims to be asserted, they must be received by the Seller in writing before the expiry of the warranty periods.

In the event of incorrect delivery or delivery of defective goods, the Seller shall refund the postage for the return shipment.

Warranty claims are subject to a limitation period of two years from receipt of the goods.

Liability for Damages & Limitations of Liability

Improper use of the goods may lead to injuries or physical harm. In particular, small parts may be swallowed by children. The Seller expressly excludes any liability for improper use of the Seller's products as well as for damage resulting from storage of the goods for purposes other than their intended use. In all other respects, the statutory provisions shall apply.

Applicable Law, Jurisdiction & General Contractual Clauses

Liechtenstein law is agreed, excluding the UN Sales Convention, provided that this agreement is not contrary to mandatory provisions of European consumer protection law.

To the extent that no consumer protection provisions preclude the choice of jurisdiction, the Princely Regional Court, Vaduz is agreed as the exclusive place of jurisdiction. However, the Seller is entitled to assert their rights before the competent court of the customer as well.

The Seller reserves the right to amend these GTC. Any amendments will be communicated to the customer prior to conclusion of the contract. The customer will also be informed of their right to object. The amended GTC shall be deemed accepted upon receipt of the order confirmation. In the event of an express objection prior to delivery of the order confirmation, no contract shall be concluded.

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected (severability clause).

In the event of an invalid provision, the contracting parties are obliged to negotiate an effective and reasonable substitute provision that comes as close as possible to the economic purpose pursued by the contracting parties with the invalid provision.

As of 3 May 2018

Herzog Loibner
Aeulestrasse 20
9490 Vaduz
Liechtenstein
Telefon +423 230 30 00
E-Mail office@herzogloibner.com
www.herzogloibner.com