General terms and conditions

Last updated: 1 July 2022

This English text is a courtesy translation. In case of any discrepancy, the German version is legally binding.

§ 1 About these terms

The general terms and conditions of Lunar Lupus e.U. (the “Terms”) define the rights and obligations of the seller, Lunar Lupus, and the buyer for all orders of products and/or services placed both online via our website and by direct commission.

The terms of sale apply in conjunction with the privacy policy and terms of use published on the website (together the “legal provisions”). Please read them carefully before ordering and keep a copy for future reference. The legal provisions may be amended at our discretion at any time; the updated version applies to all new orders from the moment it is published.

Lunar Lupus is an Austrian company with the registered address Ligist 137, 8563 Ligist, Austria, commercial register number FN 584199 t and VAT ID ATU78119037. General enquiries can be directed to +43 660 4416 466 or office@lupetti.at.

To purchase products from us you must (1) be 18 years or older, (2) have an active email address and telephone number at which we can reach you, and (3) provide complete, truthful and correct contact details. If we suspect that any of these conditions is not met, we reserve the right to refuse acceptance or delivery of an order.

§ 2 Validity

These Terms apply to all current and future deliveries and services to our customers in all contract stages. Conflicting purchasing or other conditions of the customer are not recognised by Lunar Lupus; confirmations referring to the customer's own business and purchasing conditions are hereby objected to.

Individual services and deliveries are agreed in separate contracts to which these Terms apply. Contracts require written form. Deviating arrangements only become effective if confirmed in writing by Lunar Lupus.

§ 3 Prices

All prices displayed and offered are payable in the currency shown, are exclusive of VAT at the applicable rate and apply only to the specified products and services. Quotations issued are tied to the respective customer account and are not transferable in terms of price.

Should we discover an error in a price display, we will contact you as quickly as possible. You may then confirm your order at the corrected price or cancel it. If you cancel after having already paid in advance, you will receive a full refund, in any case within 30 days of cancellation.

§ 4 Offer and acceptance of orders

Offers from Lunar Lupus are non-binding and subject to change. Orders are deemed accepted only upon written confirmation.

All orders become legally binding for the customer upon receipt by Lunar Lupus and may be placed verbally, by telephone or in writing. The purchase contract comes into effect upon verbal or telephone notification, upon dispatch of the written order confirmation, or upon mutual signing of a purchase contract document.

When using our service hotline, telephone assistance or remote maintenance, the currently valid service prices apply, billed by actual time spent. By calling, you agree to these Terms.

Lunar Lupus reserves the right to technical and design deviations from descriptions and information in catalogues, brochures and written documents. The customer cannot derive any rights from changes or deviations.

Registrations for seminars only become binding once the full course fee has been paid before the event begins and written confirmation has been issued. The course fee is owed by the person or company that received the written registration confirmation and raised no objection. If payment obligations are not met, Lunar Lupus may exclude the participant from the event.

For in-house and company training, 100 % of the costs are due after written acceptance of an offer, regardless of when a cancellation is made; exceptions are possible in individual cases. Postponing an in-house or company appointment up to 14 days before the seminar start incurs processing costs of € 150.00 excl. VAT.

Booked service appointments can be cancelled free of charge up to 5 days before the appointment. Thereafter a processing fee of € 150.00 excl. VAT is charged.

Lunar Lupus accepts no liability for data loss in the course of repair, maintenance and/or inspection. Backup of data by the customer is assumed; restoration is the customer's responsibility. Data recovery work is billed by effort, not on success.

§ 5 Execution, delivery and shipping

The delivery period stated in the order confirmation forms the basis for delivery obligations. Delivery periods are binding on the condition that no delays arise from importing goods or from suppliers. With software, customer requests may cause delays in development.

In the event of a delay in delivery, the contracting party is entitled to withdraw from the contract by setting an appropriate grace period of at least six weeks and providing a written statement. In this case the contracting party waives any claims for damages arising from the withdrawal.

Unless agreed otherwise, the item purchased is to be collected from Lunar Lupus. Shipping at the contracting party's request takes place at their cost and risk, including shipping, packaging and any transport insurance costs.

The contracting party is obliged to accept partial deliveries; the payment conditions agreed for the overall order apply accordingly. Upon collection, risk passes on handover; with shipping, upon handover to the carrier.

The client must provide appropriate power connections and on-site cabling for any network installation in good time and at their own expense. On request Lunar Lupus will assist with preparing the installation site against reimbursement of costs. Installation costs are borne by the client.

If a customer defaults on payment, Lunar Lupus is entitled, without prejudice to other rights, to take back the hardware, software and all other products delivered. From the onset of default, at the latest 30 days after performance, interest may be charged at an appropriate rate, but at least 4 % above the relevant European Central Bank reference rate plus statutory VAT.

In the event of payment default or concrete indications of imminent insolvency, Lunar Lupus is entitled to suspend work on all orders and to demand immediate advance payment or securities.

§ 6 Retention of title

The purchased item remains the property of Lunar Lupus until the purchase price, including any default interest and costs, has been paid in full.

If the contracting party resells an item still subject to retention of title or enables its transfer to third parties, the agreed purchase price becomes due immediately regardless of other payment terms, and any proceeds obtained must be remitted without delay.

If third-party rights are established, in particular executory and contractual liens, Lunar Lupus must be notified in writing within three days.

§ 7 Warranty and guarantee

The guarantee for goods is between 6 months and 2 years depending on the guarantee conditions of the respective supplier and is to be honoured by the manufacturer. Lunar Lupus handles the guarantee claim on the customer's behalf. The guarantee covers rectification of the fault or replacement of defective parts; delivery costs for such parts and any travel time are borne by the customer. The guarantee lapses if repairs or modifications are carried out by unauthorised persons.

The warranty period with the burden of proof on the seller is 6 months from delivery unless agreed otherwise in writing. Statutory periods apply for private consumers.

Complaints must be raised without delay. In the case of a justified complaint, Lunar Lupus will remedy the defect within a reasonable period at its own discretion by repair, supplementary delivery, replacement, price reduction or taking back the item against refund.

Any claims for damages due to delivery not in conformity with the contract or breach of duties of care are limited to the purchase price of the service complained about. Warranty claims lapse if the item is used improperly or contrary to its purpose.

When several programs are used, incompatibilities may arise that require a full reinstallation. For this reason no guarantee can be given for software installations. Lunar Lupus is not liable for damages or costs arising from failure of devices or software.

For devices handed in for repair, the customer receives a cost estimate after a hardware inspection covering the components that need replacing. Where components are impaired but still functional, we inform the customer, who decides. Liability and warranty for repairs are limited to the components installed and their value.

Lunar Lupus accepts no liability for indirect or consequential damages, for example due to ingress of moisture, drop damage or wear-related impairment, for lost profits, or for the provision of free replacement devices.

The contracting party must report defects by registered letter within 7 days of becoming aware of them at the latest, and present the device for inspection within that period. If a product proves to be fault-free, or a possible defect cannot be reproduced due to a missing or imprecise fault description, Lunar Lupus reserves the right to charge a processing fee of € 50.00.

§ 8 Right of withdrawal

Withdrawal is excluded for business customers. As a consumer you have the right to withdraw from the purchase contract without penalty and without giving reasons within 14 calendar days from the date of invoice, provided the goods are unopened and in their original packaging. Items ordered specifically on the customer's behalf are excluded from exchange or return.

To withdraw, please inform us in writing by email before the end of the 14th calendar day after receipt of the goods and return the goods within that period. Return shipping costs are borne by you; unpaid returns will not be accepted. If the returned products are not in the defined condition, Lunar Lupus may refuse to accept them. Refunds are made within 14 days of receipt of the goods.

§ 9 Cancellation conditions

If participation fees are not settled before an event begins, participation cannot be guaranteed; the cancellation fees below nevertheless fall due.

Cancellation is free of charge up to 21 days before the course starts. For cancellation between 7 and 14 days before the start, 60 % is due; within the last week before the date, 80 %. Registrations for separate examination dates can be cancelled up to 10 days beforehand; thereafter 50 % of the examination costs apply.

Exceptions apply in cases of force majeure (such as illness or accident) upon presentation of appropriate evidence. Other reasons such as dissatisfaction or programme changes do not entitle you to a refund.

If an event is cancelled due to force majeure, participants cannot assert claims for costs incurred. If a seminar does not reach a required minimum number of participants, we reserve the right to postpone or cancel it; you will be informed no later than 5 days before the seminar start.

§ 10 Place of jurisdiction and applicable law

Graz is agreed as the place of jurisdiction under these Terms. Austrian law applies, supplemented by the Austrian Civil Code (ABGB). The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded as far as permissible.

§ 11 General contractual provisions

If rights defined in the legal provisions are not exercised, exercised leniently or exercised late, this does not constitute a waiver of those rights.

The invalidity or unenforceability of any provision of these Terms does not affect the validity of the remaining provisions. An invalid provision, or a gap, is replaced by an appropriate, permissible arrangement that comes closest to the meaning and purpose of the Terms.

No verbal side agreements have been made. Subsequent additions or amendments require written form; a verbal waiver of the written form requirement is excluded. Unless expressly stated otherwise, all provisions apply analogously to services to be rendered by us.

You may not assign, transfer or delegate your rights and obligations under these Terms to a third party without our prior written consent. It is at our discretion to assign, transfer, delegate or subcontract our rights and obligations under these Terms, whereby your rights are not affected.