General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Lupaan GmbH) via the website www.eightpins.com  close. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information again, change it (also using the “back” function of the internet browser) or cancel the purchase. By submitting your order using the “order for a fee” button, you are submitting a binding offer to us. You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) only comes about through our express declaration or the dispatch of the goods. If the contract does not come about, payments already made will be refunded immediately.

(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory warranty guidelines exist.

(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following warranty provisions apply:

a) Only our own information and the manufacturer's product description are deemed to be agreed as to the condition of the item, but not other advertising, public praise and statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

– for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
– if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
– for items that were used for a building in accordance with their normal use and caused its defects;
– in the event of legal recourse claims that you have against us in connection with defect rights.

§ 5 Choice of law, place of performance, place of jurisdiction

(1)  Austrian law applies.
For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2)  The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Austria or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller

Lupaan GmbH
Kristein 2
4470 Enns
Austria
Telephone: +43 660 8107143
Email: shop@eightpins.at

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data Frame a binding offer will be sent in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you. 

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under appropriate information in the article on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

Right of withdrawal for consumers 
(A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.)

Cancellation policy

Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons. For ours seatposts NGS 1, NGS 2, H01 you have an extended right of withdrawal of 30 days. 


The cancellation period is 14 days (or seatposts 30 days) from the day

– on which you or a third party named by you who is not the carrier has or has taken possession of the goods, provided that you have one or more goods in the Frame have ordered a uniform order and this is or will be delivered uniformly;

– on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have several goods in the Frame ordered a single order and these are delivered separately;

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you revoke this contract, we will repay to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than 14 days from the day on which we receive notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts

– for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
– to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

– To Lupaan GmbH, Kristein 2, 4470 Enns

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
  the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
– Date

(*) Delete what is not applicable.