General Terms of Business of Leica Camera Classics GmbH
Westbahnstraße 40, 1070 Vienna
Tel.: +43 1 523 56 59
FN 100602 w
Commercial Court of Vienna
UID number ATU15208004
1. Scope of these General Terms of Business
1.1. All offers, deliveries, and services of Leica Camera Classics GmbH (‘LCC’) connected with purchasing high-end used cameras, optical devices, and accessories (‘Vintage Models’) through the Leica Vintage Online Shop (‘Vintage Shop’), on the business premises, or through eBay are based exclusively on these General Terms Of Business (‘GTB’). These terms and conditions apply equally to sales of our own vintage models and vintage models taken on commission.
1.2. LCC will not be bound by any of the customer’s deviating or supplementary terms of business unless LCC has expressly consented to them in writing.
1.3. In LCC’s relationships with customers who buy on eBay, LCC will give precedence to these GTB over eBay’s GTB.
2. Offers and contract formation
2.1. LCC’s product presentations and descriptions do not constitute offers, but a nonbinding invitation for the customer to make an offer by placing an order.
2.2. LCC may change the offers contained in the Vintage Shop at any time. LCC may change, supplement, or delete parts of the pages or the entire offer without separate announcement; or temporarily or permanently discontinue publication.
2.3. LCC cannot influence and is not responsible for eBay changing search engine settings, making deletions, temporarily hiding offers, or restricting its services; or unauthorized eBay users manipulating LCC’s offers and prices.
2.4. To place an order in the Vintage Shop, the customer adds the selected product to the shopping cart, finishes shopping, goes to the checkout, selects the payment and shipping conditions, rechecks the order, then sends the order by actuating the command ‘order and assume liability for payment’.
2.5. By sending the order, the customer is making LCC a binding offer to enter into a contract.
2.6. When LCC receives the order, it will transmit to the customer an electronic order message and the order date. That order message informs the customer that LCC has received the order—not that LCC has accepted the offer.
2.7. The contract is formed when LCC accepts the customer’s offer in writing or electronically (order confirmation). Only LCC’s written or electronic order confirmation is determinative for the contract content.
2.8. LCC shall store the contract text and, on request, shall give the customer a copy.
3. Prices and shipping costs
3.1. All prices are gross prices in euros (including VAT).
3.2. The prices do not include costs for transport packaging or package shipping by Österreichische Post AG or UPS or the respective shipping costs and insurance that apply for those companies.
3.3. LLC is not responsible for incorrect prices entered into the Vintage Shop, for electronic transmission errors, or for typos in price lists.
4. Payment conditions; Shipping
4.1. Payments may be made by credit card (Visa, Mastercard), PayPal, or bank transfer. On the business premises, we also accept cash and bank cards.
4.2. Unless otherwise indicated in the order confirmation, on the invoice, or in the product description in the Vintage Shop, the purchase price is due for payment within three (3) business days from receipt of the invoice at the latest. If the customer picks up the product on the business premises, the invoiced amount will be due when that pickup is made.
4.3. If a payment is late, LCC may charge default interest even if the delay is not the customer’s fault.
4.4. Within three (3) business days after receiving the full invoiced amount, LCC shall send the order to the delivery address the customer indicated in that order unless a longer delivery period is specified in the product description in the Vintage Shop.
4.5. The package will be shipped at the customer’s discretion, using either Österreichische Post AG or UPS, for the respective shipping prices that apply for those companies. The customer shall bear the shipping costs. The shipping costs are not included in the gross price and will be charged in addition to that price.
5. Retention of title
5.1. All products delivered in advance of payment will remain LCC’s property until LCC receives payment for the complete invoiced amount.
6. Warranty and liability
6.1. Unless otherwise regulated in the following, LCC shall be liable in accordance with the applicable statutory provisions, with the following proviso due to the special aspects of used products (Vintage Models):
6.2. The warranty period amounts to two years from handover, in accordance with the statutory provisions, unless a shorter warranty period of one year is indicated in the product description due to the special aspects of individual Vintage Models on a case-by-case basis.
6.3. Every Vintage Model is tested, using defined testing steps, regarding its individual technical functionality and visual appearance (depending on age and use). LCC includes the test results in the product description. Any restricted technical functionality, wear and tear, or damage (depending on age and use) described in the product description for the individual Vintage Model constitutes an agreed quality under the contract and is therefore not a defect. A defect must deviate from those descriptions and must exist on handover.
6.4. LCC is not liable for defects that cannot be identified with the available testing methods.
6.5. LCC shall test the technical functionality of the Vintage Models if this is possible without interfering with their mechanical systems. No warranty is given for wear parts or damaged parts in the mechanical systems that cannot be identified without such interference.
6.6. LCC ensures that the information regarding the manufacturer, model, type, and serial number is correct.
6.7. LCC cannot conclusively check the ownership status of the Vintage Models and will therefore assume no liability or warranty in that regard.
6.8. LCC will not be liable for defects caused by the customer’s (or anyone’s) improper handling of the Vintage Models.
6.9. If a defective product is delivered, LCC must be informed of the defect and the defect must be verified. In the event of a warranty case, the customer may first demand improvement by LCC within a reasonable period. Only after that improvement fails, or a grace period specified by the customer for improvement expires to no avail, will the customer be entitled to either price reduction or, if the defect is more than minimal, to withdraw from the contract.
6.10. If a customer is an entrepreneur who is purchasing products in the Vintage Shop as a company-related transaction, they shall meet their obligation to inspect the delivery and give notice of any defects without undue delay, failing which they shall not assert any warranty claims or claims for damages due to defectiveness under § 377 of the Austrian Commercial Code (‘Unternehmensgesetzbuch’, ‘UGB’). That obligation to inspect and give notice does not apply to consumers.
6.11. LCC shall be liable for financial loss only if it was caused by intent or gross negligence.
6.12. In general, LCC is not liable for loss of potential profit or for unforeseeable damage, provided such a disclaimer can be permissibly agreed.
6.13. That disclaimer does not affect LCC’s liability for damage arising from injury to life, limb or health; or its liability under the Product Liability Act.
7. Information on online dispute resolution (ODR) for consumer complaints
7.1. Consumers can lodge complaints on the European Commission’s online dispute resolution platform (www.ec.europa.eu/consumers/odr).
7.2. Alternatively, consumers can direct their complaints directly to LCC (email@example.com).
7.3. LCC does not participate in alternative dispute resolution in accordance with the Alternative Dispute Resolution Act (‘Alternative-Streitbeilegung-Gesetz’, ‘AStG’).
8. Right of withdrawal
8.1. Customers who are consumers for the purposes of the Consumer Protection Act (‘Konsumentenschutzgesetzes’, ‘KschG’) may withdraw from contracts on purchasing products through the Vintage Shop within fourteen (14) days, without giving reasons (§ 11 of the Austrian Law on Long-Distance or Door-to-Door Transactions (‘Fern- und Auswärtsgeschäfte-Gesetz’, ‘FAGG’).
8.2. No right of withdrawal exists for orders whose order value, including shipping costs, is 50 euros or less (§ 1(2)(1) FAGG).
8.3. The 14-day withdrawal period begins when the consumer or its delegate (other than the conveyer) takes possession of the order.
8.4. The consumer exercises its right of withdrawal by sending a clearly worded declaration of its withdrawal (that must indicate its name, address, the product, the order date, and the delivery date) by post or email to the address indicated above. The consumer may (but is not obligated to) use the Sample Cancellation Form retrievable in the store for this purpose. The declaration of withdrawal is deemed on time if the consumer issues it within the withdrawal period.
8.5. If a customer issues a declaration of withdrawal, LCC shall reimburse them for all payments LLC has received based on the contract within fourteen (14) days after receiving that declaration, and the consumer shall send back the received products no later than fourteen (14) days after issuing it. The return shipment is deemed on time if the consumer sends the received products back within the 14-day period. LLC shall bear the costs for the return shipment.
8.6. LCC may refuse to provide reimbursement until the products are received or until the return shipping has been verified.
8.7. If the products have lost value, the consumer shall pay for that loss only if it came about because the products were handled in a manner that was not necessary to inspect their quality, characteristics, and functionality.
8.8. This Information on the Right of Withdrawal and the Sample Cancellation Form are retrievable in the Vintage Shop.
9. Data protection
9.1. As the controller for the purposes of Art. 4(1) of the General Data Protection Regulation (‘GDPR’), LCC processes personal data the customer gives them as part of the order in the Vintage Shop, in the manner and extent necessary to fulfil the contract in accordance with the GDPR and the Federal Data Protection Act (‘Datenschutzgesetzes’, ‘DSG’), including the customer’s name, date of birth, address, telephone number, email address, and bank details.
9.2. The customer provides the personal data as part of the order. This means that the data are processed based on the customer’s express consent, which can be revoked at any time (Art. 6(1)(1)(a) GDPR). Furthermore, LCC processes the aforementioned personal data to process the order, thus based on the lawful grounds of contract fulfilment (Art. 6(1)(1)(b) GDPR), and if data storage is necessary to fulfil the accounting and retention obligations under the UGB and the Federal Fiscal Code (‘Bundesabgabenordnung’, ‘BAO’), to fulfil statutory obligations as well (Art. 6(1)(1)(c) GDPR).
9.3. The customer’s personal data will not be forwarded other than to fulfil the aforementioned purposes.
9.4. The personal data will be stored for the duration of the business relationship, and beyond that for customer records (until the customer demands that they be erased), and, if the storage is necessary to meet statutory retention obligations under the UGB and the BAO, for the duration of the retention obligation.
9.5. In light of the customer’s personal data, and since the customer is the data subject for the purposes of Art. 4(1) GDPR, the customer has the right to information, rectification, erasure, restriction of processing, and portability of its personal data; and may object to the processing of its personal data or lodge a complaint with the competent data protection authority; in accordance with the statutory provisions, including the GDPR.
10. Choice of law and forum
10.1. All contracts into which LCC enters are governed by Austrian law, under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) and Austrian and European conflict of law rules, unless compulsory consumer protection provisions of the country of residence of a customer who is a consumer apply.
10.2. The court having subject matter jurisdiction in Vienna’s first district will decide on disputes arising from or in connection with contracts entered into with LCC, unless the courts of the country of residence of a customer who is a consumer apply under compulsory provisions.
11. Severability clause
11.1. Finding a provision of these General Terms of Business to be fully or partially invalid, now or in the future, will not invalidate the other provisions of these General Terms of Business or the contracts based on them. Any invalid provision must be replaced with a legally permissible provision that comes as close as lawfully possible to the economic purpose pursued by the invalid provision.
Status January 2021