Terms & Conditions

LAKS GmbH

Firmensitz:
Sebastianplatz 7/11, 1030 Wien
Tel.: +4317991585
Fax: +4317991066
E-Mail: [email protected]

UID-Nummer: ATU37062405
EORI-Nummer: ATEOS1000061227
Firmenbuchnummer: 103632a
Firmenbuchgericht: Handelsgericht Wien
Rechtsform: Gesellschaft mit beschränkter Haftung

Informationen zu E-Commerce und Mediengesetz

T&C Consumer

1. General

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 ”LAKSPAY.com”).

By using LAKSPAY.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 LAKSPAY.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 LAKSPAY.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 LAKSPAY.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 LAKSPAY.com. 
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, a LAKS representative will contact you to settle the refund.

4. Delivery

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 information about Shipping & Returns at LAKSPAY.com.

If your order does not arrive by the scheduled date, please open a Support Ticket or 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 for the item, the delivery cost will not be refunded. You will find the full Return Policy at LAKSPAY.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
Sebastianplatz 7/11
1030 Wien
AUSTRIA
or via email to [email protected] 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.  

6. Returns

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. Please note that the customer is responsible for the cost of sending the product back to LAKS.

RETURN CONDITIONS

  • If you wish to return a LAKS wearable, this is possible within 14 days of receipt. 
  • For returns or exchanges you must know that:
    • The items you are returning must be in the same condition in which you received them.
    • Please note that you are responsible for any loss or damage to the product in transit to us.
  • 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.
  • 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.

Return address:

LAKS GmbH
Sebastianplatz 7/11
1030 Wien
AUSTRIA
EUROPE

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 LAKSPAY.com shall be limited to the total price of your order.

We strongly advise you to refrain from tampering with your wearables in any manner which is not consistent with the reasonable and ordinary use of the wearables. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH MODIFICATIONS AND TAMPERING and your account may be restricted or closed if the wearables and/or cards linked to your account have been tampered with.

NOTE about LAKS wearables:

  • When you link your payment card to your wearable, a reference to your card is stored. This reference is called a token and and is stored on the wearable.
    Please note, however, that we have no influence on the function of the token and cannot accept any liability for it.
  • LAKS accepts responsibility for defects in materials and workmanship of your wearable purchased from LAKS and we undertake to comply with all applicable statutory warranty provisions.
  • If the bank with which you have your account and to which you have connected your wearable discontinues the service for contactless payments with a wearable, LAKS is not responsible for this and accepts no liability for it. This is beyond the control of LAKS.

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.

8. Colours

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.

9. Guarantee

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:

  • LAKS accepts responsibility for defects in materials and workmanship of your wearable purchased from LAKS and we undertake to comply with all applicable statutory warranty provisions.
  • If the bank with which you have your account and to which you have connected your wearable discontinues the service for contactless payments with a wearable, LAKS is not responsible for this and accepts no liability for it. This is beyond the control of LAKS.

10. Assignment

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.

11. Severance

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 LAKSPAY.com remain with LAKS GmbH and its subsidiaries or licensors. Any use of LAKSPAY.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.

T&C LAKS Pay App – Wearables

  1. These terms of use govern the LAKS wallet APP by LAKS (hereinafter “APP”). Your downloading, installing, or using the APP indicates that you accept them and agree to abide by them. If you do not agree with these terms of use, do not download, install, or use the APP.
  2. The APP is licensed by LAKS GmbH, with its registered office at Sebastianplatz 7/11 in Vienna, Austria (hereinafter “LAKS”). It is in no way associated with, sponsored, or endorsed by any platform operator, including but not limited to Apple or Google. We grant you a limited, non-exclusive, non-transferable, revocable license to use the APP for your personal non-commercial purposes. You may only use the APP on a device that you own or control and as permitted by the respective store’s Terms of services.
  3. We reserve the right to amend these terms of use at any time. We will notify you of any changes via an APP notification or via eMail. Continued use of the application after notification of amendments means acceptance of the thus amended terms of use.
  4. The APP provides user interface and respective functionality on the mobile device of the wearable owner in order to manage the payment card tokenization on the wearable item.
  5. You agree to comply with any instructions for the use of the APP made available by us.
  6. Provision of the APP does not include any devices or other equipment required for its use. To use the APP, you will require a compatible wearable, a mobile device meeting the technical requirements as specified on the website of LAKS (www.LAKSPAY.com), and internet connectivity. To the greatest extent permitted by law, we will not be liable for any telephone, internet, or other costs you may incur in connection with your use of the APP.
  7. We do not guarantee uninterrupted, timely or faultless access to the APP. This access can, in fact, be temporarily or permanently suspended or withdrawn at any time; in case of a permanent suspension or withdrawal, you shall be notified via an APP notification or via eMail.
  8. We do not warrant that the APP will be compatible with all hardware and software that you may use.
  9. We do not guarantee that the data or materials coming from you or 3rd parties (e.g. from your payment card issuer) available in the APP provided by LAKS are correct, accurate, complete, current or tailored to the given purpose. We shall not be liable in this matter to the maximum extent permitted by law.
  10. You agree not to reproduce, duplicate, copy, or sell the APP or any part thereof without our prior written approval or that of our licensors.
  11. You agree not to damage, interfere with, or disrupt any part of the APP or any equipment or network on which it is stored.
  12. You agree not to use the APP in a way that (i) violates any laws, regulations, etc.; (ii) infringes the rights of any third parties; or (iii) is otherwise unlawful, illegal, or prohibited.
  13. You agree not to extract, change, re-code or re-engineer the APP or any of its underlying technology, including but not limited to the source code. You agree not to access the APP by any other means than by what the APP is designed to be accessed with. You agree not to tamper with the achievements or the rankings on the APP.
  14. You agree not to use the data or materials available on the APP for any commercial purposes without our prior written approval or that of our licensors.
  15. You also assume sole responsibility from your use of the APP payment system.
  16. You must agree with the terms and conditions of your payment card issuer in order to generate a token which will be stored on the secure element of your wearable item. LAKS is not your contracting party with respect to your payment card. LAKS shall in other words not be liable for any payment card added to the system or for the identification and verification process between you and your payment card issuer. Your payment card issuer is entitled to suspend a particular tokenized card and solely decides if and when your payment card is eligible into the APP payment system.
  17. LAKS takes the security of your payment information seriously. No information related to a payment card is stored on the wearable or on our servers, nor transferred to the merchant when a purchase is made. LAKS does not collect any information related to the card added to the APP, nor any data related to any transaction concluded through the wearable item. Only the Token Card ID and associated metadata (such as card type) are stored locally by the APP on your phone. Transaction information resulting from the use of the wearable item is only transmitted to the merchant, bank and/or card issuer. If your card issuer allows to display the last transactions, these are displayed in real time from the token service provider gateway and are stored neither by LAKS nor locally on your phone. See our privacy policy for more information about which personal data are transmitted and/or stored when using the LAKS payment system.
  18. You agree and accept that LAKS has the right to disconnect or disable your account on the APP should LAKS have reason to believe that you have not complied with these terms of use or for any security issue. We will notify you of this via an APP notification or via eMail.
  19. We and/or our licensors are the exclusive owners of any intellectual property rights in the APP. No such rights are granted, assigned, or transferred to you under these terms of use.
  20. To the greatest extent permitted by law, we and our affiliates exclude all liabilities, claims, damages, losses, and expenses incurred by you as a result of or in connection with your downloading, installing, or using the APP or not being able to do so.
  21. You agree to indemnify and hold us harmless from all liabilities, claims, damages, losses, and expenses incurred by us or our affiliates as a result of your breach of these terms of use.
  22. These terms of use are governed by and will be construed in accordance with the laws of Switzerland, without regard to any conflict-of-law rules. Any claims, disputes, etc. arising out of or in connection with them or the APP will be subject to the exclusive jurisdiction of the courts of Lucerne, Switzerland.
  23. If you have any questions about the APP or these terms of use, please contact us using the form available at www.LAKSPAY.com. For any interaction on LAKS.com the privacy policies for the respective countries` websites apply.
  24. Our APP operates with wearables containing a chip with a contactless payment function via NFC (Near Field Communication) with the same level of security as your payment card. The codes added to the wearable will be written into the secure element of the chip.
  25. The Perso-Box is only used to activate your wearable and to help you remove the payment information from the wearable when needed; it will not store card details or any other personal information.
  26. Carry out the activation process alone to minimize risk. If you have any problems during the activation process, ask LAKS for assistance. If you are activating a wearable, ask the employees of participating stores for assistance, but do not ask them to do the activation for you and do not provide them with your payment card information or other personal information.
  27. Please add only your own payment card to the APP.
  28. LAKS and the manufacturer/seller of your wearable are not responsible for any payment and/or transaction dispute arising from the use of the payment function of the wearable. Please contact your bank and related merchants directly to settle any disputed charges.
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