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 General buisness
terms and ConditionsArea: Europe Terms and conditions for the scope of Europe, for ordering products and services on "www.aldecor.at" an offer of Lotex societies, mediated and represented by lotex24 Sp.z.o.o 15.09.2009 Validity of Conditions
These Terms and Conditions (GTC) are part of the contract between you and us, lotex24 Sp.z o o. These Conditions are subject to individual arrangements and agreements which have precedence over these Conditions. Other Conditions are not accepted by us and are therefore not part of a mutual agreement. This is particularly true for such terms and conditions, beyond the content of these Terms. Contract partner www.aldecor.at is a service of lotex24 Sp.zoo, which is processed in the scope of the Czech Republic, Poland, Ukraine and Belarus by the lotex24 Sp.zoo; in Germany and Austria by the ConDepot Industrieverwertung GMBH, in Switzerland, the Netherlands, Belgium and France by the lotex24 B.V .Both the ConDepot Industrieverwertung GMBH as well as the lotex24 BV act on our behalf as our representatives and have money receipt authority When ordering products and / or services through the website www.aldecor.at a purchasing or a labour & materials contract is solely and exclusively accomplished by the lotex24 Sp.z o o – Wood manufacture Aldecor. Company Data lotex24 Sp.zo.o. | Zajączek 21A | 68-213 Lipinki Łużyckie | Country: Poland | Phone: +48 (0) 68 / 4 15 68 16 | Fax: +48 (0) 68 / 4 15 67 91 | E-mail: info [at] lotex24.com ** | Web: www.lotex24.com | Trade Register / KRS: Zielona Góra: 0000274100 | Tax number / NIP: 9730888586 | VAT identification number / VAT EU: PL9730888586 | Company registration / REGON: 80155855 | MD: Ulf Pietruska | capital: 1.000.000,00 The lotex24 BV and the utilisation industry Condepot GmbH accompany solely the content of the website www.aldecor.at through which they can convey and support us by order processing. Contract subject matter and purpose 1. The subject matter of the contract The subject of the contract are these products and services which are specified within the order process on the website www.aldecor.at and in our order confirmation for the indicated final price there. 2. Product quality The Aldecor manufacture produces the products ordered by you (especially photo albums and guestbooks from precious wood, antique furniture and picture frames) on your purchase order according to your guidelines concerning design and design-choice. The given dimensions on the website are defaults which we already produced and being used as reference objects which we enable as defaults. 3. Own motives and character When you dispose to us your own images (photos or logos) so the optical quality of the final product (wood album with your personal photo) depends considerably on the quality of your transmited to us image and the transmitted file formats or the sharpness, pixels,the brightness and the level of compression. Also possible influences, the data loaded and saved again to the web can cause the loss of template format of the original through scaling and therefor affecting the quality of the images sent to us. Any weakness in your template transmitted to us can lead through the process of production of being ordered by you (wooden album or wood design products) to variations in the final product. By the manufacture of the ordered wood albums with your photo,it can be technically demanded and / or wanted to make slight color variations between the original and the manufactured product. Intentional deviations are applied to your photos (colorful & sepia) to match the antique design of our products. Other variations between the product and sample sent to us can exist because of the structure and / or the surface of the printer which applies the motives on our wood products. These variations are unavoidable. For technical reasons, images of our products on other web sites, catalogs, flyers and brochures may also be reflected imperfectly particularly, colors they can differ from the final product. As a manufacturer we use illumination in the creation of our product photos to give the true appearance of our created product. Even the individual settings of your computer or monitor can affect the look of our product compared to the original. These restrictions are part of a common, agreed condition of the products and services being offered from our side to you and are not considered a defect or other misperformance. Individually expressly warranted in writing and set properties in the form, type and color are excluded. Co-operation and verification of ownership rights We create the ordered wood products according to your specifications submitted to us in your order. The motives choice which we are offering or your own image forms the final product and its individual design. When we use your given image template(your own photo or image), it works as follows: the ground work from your side has to be inputed in a suitable way for which we have our automated ordering process to use on the website www.aldecor.at . There are also further details for this process. For all data which are being transmited by you to us (motives, designs, photographs, layouts, etc.) we assume that you pocess full copyright, design patent, trademark and / or other related rights (especially of the photographer) as well as full personal rights and similar rights for this material, also in relation to photos, pictured brands, trademarks, objects and / or persons. In case of transmition of your own motive and / or photo for the production of one of our offered wooden products ( for example a photo album and / or guestbook with own photo ) so you ensure us hereby expressly that all rights for the transmitted data are owned by you, which is needed for the production of our offered products on www.aldecor.at . The damages and costs resulting of an eventual violation of this and other rights will be beared only by you and you will be liable towards us as well. In case of claim against us or any of the partners mentioned above – who are engaged in the production of the order – through third parties because of the lack of authorisation from your side for the data transmited to us (design and / or photos, logo or motive) concerning the mensioned above purpose, you ensure us the immediate and full release to us or Aldecor manufacture, lotex24 sp.z.o.o, lotex24 trading & logistics GmbH, ConDepot Industrieverwertung GmbH, and lotex24 for resulting costs (for example, legal defence) and possible damages. You are obligated not to hinder our work by the fulfilment of contract and insofar as necessary to cooperate in the fulfilment of the contract. Conclusion of the contract
1. Conclusion of the contract The product and service presentation of Aldecor wood manufactory on the website www.aldecor.at is solely a non-binding invitation for you to the submition of an order for production by us. Errors and changes are reserved. A contract between lotex24 sp.z.o.o and you takes place in case that you transmit by the use of automated ordering process on the website www.aldecor.at through an order per e-mail or an order by phone a binding offer for one or more products and / or services. We accept this offer through a binding order confirmation (either by phone or e-mail or fax) so long as it's from our side desired and possible. The acceptance of your purchase order means its accomplishment and delivery. The transmited purchase order confirmation from you to us is never considered as a binding order confirmation. 2. Technical steps for the conclusion of the contract You collect your desired products in the shopping cart. In this shopping cart you have the possibility to remove or to increase / reduce the amount of every product. You can also delete entire posts, by removing the product from your cart again. In the cart you leave us your information for billing and delivery. Then you have the possibility to choose one of the modes of payment offered by us on www.aldecor.at . By confirming and closing, these data are then transmitted to us and we creat for you an account by us which contains your personal login data. With this data you can always access dates and expiration in your purchase orders. In your data you are obligated to give a valid e-mail otherwise it won't be possible to complete a purchase order by us. After a detailed order by us, our system will show you a confirmation page with all your order information and an order number. You will receive this all a little later with all the necessary data on your given e-mail address. A purchase order confirmation with the same details will be sent to the same e-mail address concerning the procedure of your order once we have created for you an account by us and have decided to execute the purchase order. Privacy policy 1. Data collection We collect data by initiating, completing, processing and cancelling of a common contract. This data will be collected, saved, and processed by us. Your visit to our website will be recorded.Basically will be registered from your pc the current used IP address, date and time, browser type and operating system of your PC, as well as the pages you visited. As a rule, it is not possible to identify a person by us, and also not intended. This data will be collected only for data security perposes, and for the optimization of our internet offer. Other data analysis will not occur except for statistical purposes,and if done then strictly anonymous.Furthermore, no personal surf profile or anything of that nature will be created or processed. 2. Data use and transmission Your personal data which you give us for example in a purchase order or per e.mail (eg, your name and address or e-mail address), will be used only to communicate with you and processed only for the purpose for which you provided us with this information. 3. Assurance
We assure you that we will not share your personal data with third parties unless we are required by law or you have previously given us your approval. As long as we are service provider for the realization and handling of manufacturing process, the contractual relationships will be regulated according to the regulations of the data protection law. 4. Agreement and withdrawal If you have conceded us your personal data, you can always remove it again. Data for billing and accounting purposes are not affected by cancellation / withdrawal or deletion. 5. Storage duration Personal information that are given to us through our site www.aldecor.at are only stored until the purpose is fulfilled, for which this information was entrusted to us. So long as the book-keeping and tax-related deadlines are to be considered,the retention period for specific data can be up to 10 years. 6. Customer account When you creat a customer account, you consent that your inventory data such as name, address, e-mail address, bank details and your user data ( user name, password ) will be stored. Thereby you have the possibility with your e.mail address and your personal password to purchase in our online shops. 7. Your rights If you don’t agree with the storage of your personal data, we will arrange the deletion or blocking of your data according to the instructions, or undertake the necessary corrections (so far as it’s possible according to the valid law). You can receive information on the personal data that has been saved in regard to you on request and free of charge. 8. Links to other web pages We occasionally refer to the websites of third parties. Although we carefully select these third parties, we can not accept any responsibility or liability for the accuracy or completeness of the information and data security of any third party's website. Also this privacy policy does not apply to the linked websites of the thrird party. 9. Use of Cookies
The use of our website takes place with the application of cookies. A condition here is that you have enabled cookies in your browser settings. In the cookies it's randomly saved a generated session code, and if necessary your customer ID. This makes it possible to recognize you as a registered customer. In addition, we save if available, an affiliate ID and the page you came from to our website. A condition here is that you have enabled cookies in your browser settings. 10. Changes to this Statement
As far as we introduce new products or services, change our Internet procedures, or if the Internet and the EDP security technology are being further developed, the data protection statement has to be updated. We therefore reserve the right to change or supplement this policy as required. The change will be published at this stage. You should therefore visit this site regularly to be informed on the current state of data protection statement. Right of return for the user
1.Right of withdrawal The following return policy is only available to consumers. Consumers are natural persons who won't acquire our products and / or services for their commercial or independent professional activity. A right of return does not apply for such orders where we manufacture products according to your personal requirements, especially then when we produce a product with your own motive which you transmitted to us or when you order a product (for example, a wooden album or picture frame) with special dimensions which we do not have as a standard by us. A right of return does not apply for such cases where you purchase a product and / or a service by one of our distribution partners. You may cancel your contract within 10 days without giving reasons by writing (eg. letter, fax, e-mail) or by returning the goods if you have got them before the deadline. The time limit begins after receipt of the goods and this instruction does not apply before receipt of the goods by the receiver (clause Council regulation in the Polish Civil Code dated 2 March 2000. You can find this in Article 385.1 to 385.3 of the Civil Code relating solely to consumers ). We also note that in the online shop www.aldecor.at in the upper right part is a print button that gives you the possibility to print the Right of withdrawal of www.aldecor.at . According to Article 384 § 4 of the Civil Code we allow you to print out this right of withdrawal instructions and / or >>> here <<< to download and thus get and download to your own computer our right of withdrawal instructions according to article 384 § 4 of the Civil Code without further diffuculties. In order to ensure that the withdrawal takes place within the respite it is sufficient to send it in time by letter or e.mail or sending the goods back. The revocation must be sent to: lotex24 sp.z.o.o, Zajączek 21A, 68-213 Lipinki Łużyckie, Poland | E.mail : info [ at ] lotex24.com**. 2. Withdrawal consequences In the event of an effective cancellation the mutually provided goods and services are to be returned. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement. You may also avoid the obligation to cover the difference in value by not starting to use the merchandise and avoid everything that might impact the value and the original packaging of the merchandise. The goods which are being subject of withdrawal must be sent back to us. The customer carries the costs for sending goods back should they correspond with the original order. Requests for re-compensation for payments must be met within 30 days. For you, the period begins upon dispatch of your statement of revocation or of the goods, for us, upon reception thereof. 3. Financed transactions If you have financed the contract with a loan, and if you revoke the contract that has been financed, then you will no longer be bound to the loan agreement provided both contracts form a single economic unit. This shall be assumed in particular if we are at the same time your lender or if the lender makes use of the cooperation of our company with regard to financing or of the bought subject. If we have already received the loan when the cancellation or the return becomes effective, the lender shall assume our rights and obligations in relation to you with regard to the legal consequences of the cancellation or return. In this case you have to contact your lender for the reverse transaction (so long as we as supplier does not occur as lender). If you wish to avoid being bound contractually as far as possible, revoke both contractual statements separately. 4. Exclusion and expiry of
withdrawal right
The power of revocation does not apply to distance selling contracts for the delivery of merchandise which: is either custom-made to customer's specifications or is clearly custom-tailored to meet personal demands or is not fit for reshipment due to properties and conditions. Or the subject matter of which is the supply of goods or the rendering of financial services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the revocation period, including in particular services in connection with shares, dividend coupons which are issued by an investment management company or a foreign investment company, and other tradeable securities, foreign currency, derivatives or money market instrument. In the case of a service, the right of revocation is also extinguished if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercised his right of revocation, or In the case of a service your right of revocation expires prematurely if your contract partner has begun providing the service before the revocation period is over, either with your permission or if you have arranged for the service to take place. Furthermore we request kindly the return of our product and to use the transport package or to pack the product in other proper way, as well as to not to send it with “freight collect” option. Prices and duty of payment The www.aldecor.at offered on the internet website stated prices are final prices in Euro including VAT. By special orders which go beyond the offered product is to be considered the final price after the conclusion of the contract and the available quotation by you. If you are receiving the product in a third country (excluded are the member states of the european union) you as a receiver have to pay for the possible applicable import duties and / or other fees like (DDU). The purchase price is payable by the collection or before the delivery of goods to you. By tailor-made articles according to your desires and requirements is an upfront payment of the purchase price after the order confirmation on our stated bank account in the order confirmation or on the account of our money receiving representatives. By an order value (cost per order) of more than 2.000.00 EUR (in words: two thousand euros), the prepayment is then reduced to only 70 % of the sum owed and named in the order confirmation. We are not obligated to start the production before the receipt of the payment. Delivery and assumption of risk Delivery will be made exclusively to the address provided by you by our logistics partners for Germany, Austria and Switzerland, lotex24 GmbH. To produce non-standard products, we estimate approximately 14 working days from receipt of your order and payment or deposit. Immediately after the completion of the ordered products, they will be handed over to the shipping company contracted by us. We are taking the full shipping risk towards customers. In all other cases,especially for contracts with companies, you assume the risk of shipping from the time we handed over your ordered products to the transport company to deliver them to you. If you request we send you as a refund for the resulting costs using an insured delivery. Ownership retention The products made and delivered by us remain as our property till the complete payment of your side. 1. Compensation and retention
We retain the ownership of the supplied goods until all claims which have accrued and will still accrue to us from the present business for any legal reason have been met including all current account balance claims. The contract partner is entitled to sell the reserved products within the scope of the ordinary business dealings subject to the proviso that he is not in default. Pledging and chattel mortgage shall be inadmissible. The customer hereby assigns to us as security any and all claims (including all claims to settle a balance of account) related to the goods under retention of title resulting from their resale or any other legal reason (insurance, tort) in full scope. In case of an action of a third party with respect to the goods, in particular in case of seizure of goods, the Customer shall point out our ownership to that person and notify us of such action immediately, so that we are able to enforce our property rights. To the extent that such third person is not capable of refunding our judicial and extra-judicial costs, the Customer shall be liable for these costs. This causes no withdrawal from the contract. Warranty and claims for damages 1. Agreed quality So far as the delivered products comply with the quality rules, which we already pointed out in point product quality number 2 and 3, so it's considered to be a subject to certain quality range. Certain not pretended variations within this quality range represent no defect in our product or service, but rather they are part of the agreed quality. 2. Warranty Warranty for consumers takes place according to the legal regulations, ie; the consumers have the right to a subsequent fulfilment, removal of defects, or a new delivery and ( as far as the legal requirements exist) the right to reduction, or withdrawal and compensation. In relation to companies warranty for consumers takes place according to the legal regulations with the restriction, that the choice of subsequent fulfilment, removal of defects, or new delivery is done exclusively by us. 3. Regulations The warranty period is 6 months and beginning with the the date of delivery. Complaints and defects of the delivered goods are to be immediately submited at latest however within one week after receiving the goods in writing otherwise warranty claims of the customer are impossible. Then we are entitled to rectification or replacement (also several times ), whereby for current out of stock goods is the obligation of postage free delivery, excluded are however Postage costs which would arise by punctual delivery. If rectification or replacement would fail, the customer can require for free choice changing or reduction. Only our immediate contract partner is entitled to any warranty or guarantee claims against us and these are not transferable. The above mentioned paragraphs contain all points for guarantee and exclude other warranty claims of any kind. Excluded are claims for damages. This does not apply to claims of damages from assurances of certain features which were intended to protect the client from the risk of any knock-on or consequential damage. This restriction does not apply to damages arising from injury to life, body or healt and / or damages arising from the violation of contractual cardinal obligations / essential contractual obligations, and / or by the intentional actions or gross negligence by us or our legal representatives or agents. In these cases the compensation is absolute. The liability of the product liability law remains unaffected. 4. The obligation of examination and rebuke of the reported deficiencies If you are a customer we ask you to inform us as soon as possible about any transport damages or other external, direct, evident damages of the goods sent to you, and to protectorate it with the deliverer. This procedure is not to be understood as a condition and does not affect the warranty or the compensation claims for the consumer. For entrepreneurs or persons who in this case are acting like entrepreneurs are obligated to examine goods for faults and make complaint in accordance with § 377 HGB providing that a professional examination of the delivery has to be done and detected defects have to be sent per e-mail on the e-mail address: reklamation@lotex24.de or with fax and / or post with a precise description of every detected defect within 10 working-days starting with the day of receipt of goods. Rebuke can only be submitted in a written form. If deficiencies are detected later which were not detected by a proper examination or should have been detected so these defects have to be respectively (at latest however within 5 working-days from the detection) notified. Otherwise the goods are considered to be approved as free of defects. 5. The lump sum compensation If you refuse the acceptance of the products
being ordered by you and by us produced and refuse the payment of their
value we generalise the resulting damages as follows: as long as we can
require compensation for damages instead of fulfilment of obligation,
then this compensation amounts 40 % of the purchase price unless you
prove that no damages occurred or that the damages did not amount this
value. For special orders and customized products according to your
specifications, the compensation package under the same conditions
mentioned in the section above amounts 90%. Incidentally all our claims
against you comply with the lawful rules of the contract and / or the
breach of contract.
Force majeur The events of majeur force as well as significant, unpredictable and beyond our control obstructions, for example strikes, lockouts, operational, sales or supply disorders because of energy, raw materials, or labour shortage, delivery time overrun, delivery failures from sub-contractors, difficulties in the providing of means of transport, traffic disturbance, decrees of public authorities by us or by our sub-contractors free us from our contractual obligations according to the duration of such action and obstacles. We are also not to answer for the above-mentioned circumstances, if they arise during an already existing delay. The beginning and end of such obstacles are in serious cases to be notified by us to the buyer. If the delivery is delayed by such action and obstacles.more than 8 weeks, both of the contracting parties are entitled to withdraw from the contract. In case of cancellation due to force majeure resulting events already paid benefits will be refunded immediately. Any further claims shall be excluded. Copyrights and other ancillary copyrights All copyrights, registered designs, and other related rights for our products, also as far as they contain design projects and / or other layouts remain by the ALDECOR manufactory and the parent company lotex24 Sp.z.o.o as its trade partner. This may not be used for commercial or industrial purposes of any kind, unless you have an express written permission. For all the data which you transmitted to us (motives, designs, photos, designs etc.) the copyrights, registered designs, trademarks and / or other related rights on our finished product become our property also so far as you possess the right to the data being transmitted to us. A finished product by us with the data which you have transmitted to us gives us the right to the product as a whole and can be used for commercial purposes and releases us from moral rights and similar rights for the data being transferred from you to us,as all of this is merged as a whole in the final product. For example a photo album with your photo. At the express wish of the client we resign from this right, insofar as the client expresses this to us in writing. Place of jurisdiction and clause Council Directive All disputes arising from this contract are subject to the laws of the Republic of Poland, the UN Convention on the International Sale of Goods (CISG) is excluded. Place of jurisdiction is Zielona Gora as far as the buyer is a merchandiser. Incidentally in particular for claims brought by or against consumers, are to be applied the legal regulations of clause Council Directive in the Polish Civil Code, of 2 March 2000. You can find this in Article 385.1 to 385.3 of the Civil Code According to Article 384 § 4 of the Civil Code applies in particular to consumers as follows: we point to the available print button in the upper right part ot the page which gives you the possibility to save the general business terms and conditions during the mutual proper actions. Furthermore you can >>>download here<<< our general business conditions without further difficulties and save them on your own computer so that you can refer to them anytime want. These general business terms and conditions are according to article 384 § 4 of the Civil Code. **For safety reasons, the @
sign in the e-mail addresses displayed is replaced by the sign [at].
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