Informationspflicht laut §5 E-Commerce Gesetz, §14 Unternehmensgesetzbuch, §63 Gewerbeordnung und Offenlegungspflicht laut §25 Mediengesetz
Sebastianplatz 7/11, 1030 Wien
E-Mail: [email protected]
Firmenbuchgericht: HG Wien
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with LAKS GmbH, Vienna/Austria, hereinafter referred to as “LAKS”, “us” or ”we”, at the LAKS websites, mobile website, or mobile application. (jointly referred to as ”LAKS.com”).
By using LAKS.com and/or Watch2Pay.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
Only persons 18 years or older, who are not under guardianship, and are not acting in a capacity of a company can place an order.
The inclusion of any products or services on LAKS.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on LAKS.com at the time you place your order.
We want to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying our site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
2. Prices and delivery charges
The prices displayed at LAKS.com include the statutory Value Added Tax but do not include a delivery charge.
The cost for each delivery method is clearly indicated during the check-out process. Prices in store, catalogue and online may vary.
3. Ordering/conclusion of contract
The ordering options available to you are via LAKS.com or telephone. Please visit our customer service pages for further information.
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, an LAKS representative will contact you to settle the refund.
We exercise the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address in accordance with your selected delivery option.
LAKS endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 3 to 14 days following confirmation of an order, unless otherwise agreed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.
You will find the full Delivery Policy at LAKS.com.
If your order does not arrive by the scheduled date, please contact LAKS Customer Service via email [email protected]
5. Withdrawal of Order
You may cancel or return your order from the date you place the order until 14 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which will include LAKS standard delivery costs. Should you choose to keep certain items and only partially cancel your order, the delivery cost will not be refunded. You will find the full Return Policy at LAKS.com.
If you wish to cancel or return your order, please provide us with notice in writing either by post, or by sending a letter to:
LAKS Customer Service
or via email to [email protected]; or by filling in and submitting the standard form issued by your local Consumer Rights Authority; and return the item(s) to us.
We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items.
Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.
If the item you have received is defective, please notify us promptly and return the item in accordance with section 6 (Returns) below. We will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.
The right of withdrawal does not apply to orders for LAKS wearables:
o which have been registered with the buyer’s own bank account and/or
o which have been activated with the activation code after receipt.
LAKS guarantees a full refund of the returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.
If you wish to return a LAKS wearable, this is possible within 14 days of receipt. However, we will charge you € 18,00 per wearable for linking the product to your bank account. Upon receipt of your return, you will be refunded the purchase price of the product less the €18.00.
For returns or exchanges you must know that:
o The items you are returning must be in the same condition in which you received them.
o Please note that you are responsible for any loss or damage to the product in transit to us.
o Upon receipt of your parcel, we will check the condition of the items and arrange either an exchange for another size or a refund for the returned items.
o Please note that LAKS does not accept freight collect or C.O.D. shipments and will not be responsible for shipping or return shipping charges.
o Return address:
6.1 Ring size does not fit
Within 14 days from the date of purchase we will exchange your ring to another size free of charge. Simply send the ring with a copy of the delivery note to LAKS GmbH, Sebastianplatz 7/11, 1030 Vienna. As soon as the ring is in our house, you will receive a voucher for a new order.
7. Our Liability
Nothing in these Terms shall exclude or limit LAKS´s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
LAKS accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
LAKS is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on LAKS.com shall be limited to the total price of your order.
If you have a problem with a product that you have purchased from LAKS online, and were not able to settle the complaint with LAKS, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).
The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
If there are defects in the goods you have purchased, LAKS abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay.
NOTE about LAKS wearables:
You can use your wearable for contactless payments for 3 years from the time you linked it to your bank.
After the three years, you can have your wearable personalised again. To do this, you must return the wearable to us. The cost of a new personalisation is € 18.00 plus shipping costs.
LAKS reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
12. Ownership of rights
All intellectual property rights, such as trademarks and copyrights at LAKS.com remain with LAKS GmbH and its subsidiaries or licensors. Any use of LAKS.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of LAKS.