General Terms and Conditions, as of 1 September 2020
These terms and conditions govern the use of this website and the purchase of goods via this website. You should read these terms carefully before using the website. By using the site or placing an order through this site, you agree to the terms and conditions. If you do not agree to the terms, you may not use this website. These Terms and Conditions may be amended at any time, thus you are made aware that before placing your order you should read the current applicable version of the Terms and Conditions.
This website is registered under the brand name LMN3 for MISSLRAY EU, an Austrian company with registered offices in Müllnergasse 3/26,1090 Vienna-Austria, with FN 433996F and ATU69618327.
Conclusion of the contract/amendments
The placement of the order by the customer represents an offer. A contract comes into existence only after our acceptance of the order. The customer will be informed of our acceptance by e-mail. An order is only possible if all mandatory fields marked with * have been filled in. If there is missing information or if we can not fulfill the order for other reasons, the customer will be presented with an error message. Prior to the final dispatch of the order, the customer is given the opportunity to correct their order. Supporting detail information is presented to the customer during the order process. As soon as the order process is completed, the customer is informed about this via an on-screen message. Note that this does not represent the acceptance of the customer's offer.
Acknowledgment of receipt
Once the order has been received by us, the customer will be notified of the receipt of their order via the e-mail address they have provided. Note that this communication does not represent acceptance of the customer's offer.
Binding the customer to his offer
The customer's order is binding for a period of 2 days after receipt of their order. The statutory right of withdrawal (right of withdrawal) remains unaffected.
The purchase contract is stored by us and is available after logging in with the order number on our website.
The contract language is English.
Prices and shipping costs
The purchase price of each product corresponds - except in the case of an obvious error - to the price stated on our website. Even though we make every effort to ensure that all prices shown on the website are correct, errors may occur. If we notice a faulty price for a product you have ordered, we will inform you as soon as possible and give you the possibility to confirm the order again at the right price or to cancel your order. If it is not possible for us to contact you, the order will be considered canceled; If you have already paid for the product, you will receive a full refund of the amount paid. There is no obligation on our part to sell any product at a manifestly faulty (lower) price (even if we have already sent you a shipping confirmation) if the mistake in the price is obvious and unmistakable.
All published prices are final prices. They are inclusive of all EEA taxes including VAT and duties but excluding shipping costs. These will be calculated as per our shipping rate table valid at the time the order is placed, and added to the total amount due.
In the case of a delivery to a non-EEA country, the consumer shall bear all import and export charges, including any duties, fees and charges.
Prices are subject to change at any time; However, such price changes do not affect orders placed by you for which we have already sent you a shipping confirmation.
Payment can be made by Visa, Mastercard or American Express credit cards.
You confirm that you are the legitimate holder of the credit card. Credit cards are subject to validity checks and approval by the respective credit institution. If they do not authorize the payment to us, we are not liable for delays or non-deliveries and may not enter into a contract with you.
Due date / Advance payment
Should no other method of payment be agreed, the customer undertakes to pay the purchase price in full at the time the contract is concluded. The delivery of the goods will take place only after receipt of the amount in our bank account.
Right of withdrawal
If you enter into a contract as a consumer, you can withdraw from this contract within 14 days after receipt of the goods. In such a case, you will be refunded the purchase price you have paid for the products as per the regulations listed below under the heading "WITHDRAWAL". Any costs resulting directly from the return of the products are to be borne by you. You may exercise the right of cancellation by any way types applicable as per the law. In any case, this right is deemed to have been exercised as soon as you have sent us the return form which we forward you with each delivery, and have returned the products to us.
All obligations to reimburse payments must be met within 30 days. This period begins for you with the sending of your cancellation notice, and for us with its receipt.
Right of withdrawal: You have the right to cancel your declaration of acceptance of the contract without stating a reason within 14 days after receipt of the goods in writing (e.g. letter, e-mail) or by returning the goods to us. The cancellation period begins the day after receipt of the goods and this cancellation clause in written form. To comply with the stated withdrawal period it is sufficient to dispatch the notice of withdrawal or the goods in this period. The notice of withdrawal or the goods to be returned are to be sent to: MISSLRAY EU, MUELLNERGASSE 3 / 26,1090 VIENNA-AUSTRIA.
Consequences of withdrawal: In case of an effective cancellation,the mutually provided goods and services shall be returned and, if applicable, any benefit(s) enjoyed (e.g. interest) surrendered. In case you cannot return or surrender the received good(s) and service(s) as well as benefit(s) enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, you have to provide compensation for such reduced value. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use of or the deterioration of the goods is due to handling of the goods which exceeds the regular testing of the properties and of the functionality. “Testing of the properties and functionality” means examining and trying out the goods, as would be possible and usual to do for instance in a retail shop. You can thus avoid having to pay compensation if you are not using the goods as your property and if you refrain from doing anything that diminishes the value of the goods. In the case of cancellation, the affected products are to be returned to the following address:
MISSLRAY EU, MUELLNERGASSE 3 / 26,1090 VIENNA-AUSTRIA
End of WITHDRAWAL
Please treat the goods which are in your custody appropriately and keep the original packaging, if possible, until you are sure you are not returning the goods.
Your right to return products relates only to those products that are returned in the same state as they were received. Please always return products in their original packaging. You should also return all product information, documents and packaging. Always use the return form that you received at the time of delivery. Products which have been used beyond the opening of the packaging, or are damaged, may not be returned. You should therefore take reasonable care while the products are in your custody. An exchange of a product is limited to the same product in a different size or color; Your statutory rights, in particular your right of cancellation under the section "Right of withdrawal", shall remain unaffected. A summary of the right of withdrawal will be sent to you along with the shipping confirmation.
Please note that you must cover the costs of returning the products to us. If you choose to return the items to us without having first paid for the postage, please note that we are entitled to charge you with the costs incurred to us.
We will review the returned item and inform you if you are entitled to a full refund of the price paid. Reimbursement will be made as soon as possible, in latest 30 days from the date we received your request for a return. The amounts will be refunded using the same method as they were paid to us.
If you have any questions, you can contact us via our web form.
Return of defective articles
If you believe that an item was defective at the time of delivery, you should contact us immediately via our web form and provide details of the item and the defect. We will review the returned product and inform you of your possible legal claim by e-mail within a reasonable period of time. We will fulfill your claims as soon as possible, latest 30 days after we have confirmed acceptance by e-mail. For products returned by you due to a defect, you will receive a full refund of the amount, including shipping costs for the original shipping of the products. The amounts will be refunded using the same method as they were paid to us. Your statutory rights remain unaffected, in particular the "right of withdrawal".
Availability of products
All orders of products are subject to availability; In case of delivery difficulties or if a product is no longer stocked, we reserve the right not to supply the ordered product and to send you information about replacement products of the same or higher quality and price which you may then choose to order. If you do not wish to order such replacement products, we will refund you all the amounts you have already paid for the unavailable products.
Subject to the provisions in the "Availability of Products" section above, and unless exceptional circumstances arise, we will endeavor to provide the products listed in the shipping confirmation at the date of delivery stated in the shipping confirmation, or if no delivery date has been specified within 15 days from the date of the delivery confirmation. Reasons for a delay may be:
- Creation / adaptation of the products according to / to customer requirements;
- Specialized products;
- Unforeseen circumstances;
- Delivery problems.
Should we be unable to meet the delivery date for any reason, we will inform you and allow you to either accept the delivery at a later date or cancel the order and get the total purchase price reimbursed. Please note that we do not deliver on Saturdays or Sundays. For the purposes of these Terms and Conditions, the "delivery" shall be deemed to have been made or an "order" to have been delivered as soon as the acknowledgment of receipt of the ordered products has been signed at the agreed delivery address. A virtual gift card is deemed to have been delivered in accordance with the general terms and conditions for the use of gift cards as soon as it is sent to the e-mail address you have specified.
Right of removal
We reserve the right to remove any product from the website and / or edit any content on this site. Although we always strive to deal with all orders received by us, special circumstances may result in the fact that we have to reject the processing of an order after sending of the order confirmation; We reserve the right to do so at our discretion at any time. We are neither liable to you nor any third parties due to the removal of products from this website, regardless of whether or not they are out of stock, nor due to the removal or processing of any content on this website nor the cancellation of an order after receipt thereof nor after sending an order confirmation to you.
Retention of title
You are liable for the products from the date of delivery. Ownership of the products shall only be transferred to you upon full payment of all amounts due for the products, including transport costs (see section "DELIVERY").
Effect of retention of title
In the event of the customer's default in payment, we shall be entitled to assert our rights under the retention of title. It is agreed that in the assertion of the retention of title there is no withdrawal from the contract, unless we explicitly declare the withdrawal from the contract.
By using this website, the customer agrees that personal data will be electronically processed and stored, processed for the purpose of future "visits" in the webshop or for the personalization of webshop offers. You hereby warrant that all data and information provided by you are correct.
We would like to point out that to enable an easier shopping experience and the subsequent handling of the contract by the webshop operator, the name and address of the buyer will be stored.
Data is not transferred to third parties except for the transfer of credit card information to the bank for the purposes of debiting the purchase price.
Data processing is carried out on the basis of the statutory provisions of § 96 (3) TKG and § 8 (3) (4) DSG.
If you do not wish to accept cookies, please change your browser settings accordingly. Please note that this may restrict the functionality of the website.
Declaration of consent to receive promotional e-mails
The customer agrees to receive our company's information about our products, current offers and other company-related information by means of advertising e-mails, in particular newsletters.
Refusal to receive promotional e-mails
The customer may revoke his / her consent to the receipt of such e-mails at any time by: Return the e-mail to the sender's address with the message
"Please do not send me any further promotional e-mails".
Contact details for customer complaints
Consumers also have the opportunity to contact the EU's online dispute settlement platform:
You can also submit your complaint directly to us at the following e-mail address:
Law and jurisdiction
The use of our website and all contracts for the purchase of products via our website are subject to Austrian law. All disputes arising from or in connection with the use of the website or these contracts are subject to the non-exclusive jurisdiction of Austrian courts. When you conclude a contract as a consumer, this rule does not affect your legally defined rights as such.