Terms & conditions

GENERAL TERMS AND CONDITIONS FOR myLEWITT

Status: April 2025

myLEWITT enables you, as a registered user, to register your LEWITT products, manage your software licenses, and get access to exclusive multitrack recordings.

LEWITT reserves the right to terminate the use of this website or individual parts thereof by individual users at any time and without prior warning, and to cancel, in whole or in part, their registration for the myLEWITT service, insofar as this is necessary for justified reasons such as violations of legal obligations or the Terms of Use.

LEWITT does not guarantee uninterrupted or error-free access to content provided through the myLEWITT platform.

Registration information:
To be able to use myLEWITT, we require your email address.

Please note that we cannot accept any liability if our email notifications are identified as “spam” by your provider or your local PC and cannot be delivered correctly.

If the personal information provided by you during registration is changed, we ask you to promptly update the information online.

The user is solely responsible for keeping his or her password safe. LEWITT accepts no liability arising from any related misuse of passwords.

We process your personal data for the purpose of conducting our business activities and for marketing purposes. You can find further information on data processing and your rights at https://www.lewitt-audio.com/about/privacy

GENERAL TERMS AND CONDITIONS FOR THE LEWITT WEBSHOP

Status: April 2025

1 Basic information

1.1 Welcome to the webshop of LEWITT Vienna GmbH, Schanzstraße 14, 1150 Vienna, Austria (also referred to as "LEWITT" or "we ").

Corporate details:

Commercial register number: FN 483403m (Vienna Commercial Court),

Telephone: +43 (1) 904 35 45,

e-mail: [email protected]

VAT number: ATU 73231246,

Competent supervisory authority: Magistratisches Bezirksamt für den 6. und 7. Bezirk,

Member of the Austrian Chamber of Commerce (WKO),

Applicable trade regulation(s): Gewerbeordnung ("GewO"), available under this link.

1.2 These GTCs govern your (also referred to as "customer" or "you") and LEWITT's contractual rights and obligations that arise from your use of the LEWITT webshop, your order and/or the conclusion of one or more purchase contracts via the LEWITT webshop.

1.3 If you use the LEWITT webshop or place an order via the LEWITT webshop, you accept these terms and conditions in the version that is valid at the time of your order. You can view, print and/or save the GTC at any time via a link on the homepage of www.lewitt-audio.com/. Since these terms and conditions may change at any time without prior notice, we recommend that you read these terms and conditions each time you use the website or place an order.

2.Who can order in the LEWITT webshop

2.1 The LEWITT webshop is open to both entrepreneurs and consumers as defined in § 1 of the Austrian Consumer Protection Act (KSchG).

2.2 An "Entrepreneur" is a person who makes the transaction in the course of carrying on their business, whereas business refers to any organization, which is intended to be permanent, for the purposes of independent commercial activity, even though it may be a non-profit enterprise. All legal entities governed by public law are deemed entrepreneurs by law.

2.3 A "Consumer" is someone to whom this does not apply, as well as any natural person, who carries out transactions before starting a business in order to create the preliminary conditions for such business.

2.4 These GTC contain certain provisions applicable exclusively to Consumers or exclusively to Entrepreneurs. Such provisions are clearly indicated by the labels "Only for Consumers" or "Only for Entrepreneurs". Any provision without such labeling applies equally to both Entrepreneurs and Consumers.

2.5 If you place an order via the LEWITT webshop, you expressly declare that you are of legal age (= older than 18 years). LEWITT reserves the right that the deliverer will only hand over the goods after the age check has been completed and only to the buyer in person.

2.6 If you are not of legal age or do not wish to accept these terms and conditions, please do not place an order via the LEWITT webshop. Otherwise, LEWITT reserves the right to refuse orders already placed or to cancel such orders. In any case, you shall indemnify LEWITT in this respect for all incurred costs.

2.7 You also expressly declare to use the LEWITT webshop and the corresponding website only within the scope of their intended use. Any legally abusive use of the LEWITT webshop or website, such as unauthorised manipulation, hacking or "Denial of Service" attacks, incorrect indication(s) of data, unauthorised use of third party data, etc., may result in civil and/or criminal prosecution.

3. Delivery area & contract language

3.1 Physical Goods:
The LEWITT webshop currently delivers physical goods exclusively to delivery addresses in the following countries:
Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus.

3.2 Software Products:
Software products are made available via electronic download and may be purchased from any country, unless prohibited by applicable trade restrictions or export control laws.

3.3 Contract Language:
You can place orders in the following languages and conclude contracts with LEWITT in the following languages: German, English.

4. Accepted means of payment, due date of the purchase price, retention of title, interest in arrears, prohibition of set-off and exclusion of rights of retention

4.1 Currently, the LEWITT webshop only accepts payment by the following methods of payment: Visa, Mastercard, Maestro, Paypal Express, eps-Überweisung, Klarna Sofort bezahlen. If you are redirected to the website of a payment service provider as part of the payment transaction, the transactions there are solely within the payment service provider's sphere of influence and responsibility or within the sphere of influence and responsibility of the provider of the payment instruments and LEWITT does not accept responsibility for this. LEWITT reserves the right to make changes to payment methods at any time. Furthermore, not all payment methods may be available for you.

Payment processing is performed by external providers and is subject to their terms and conditions. LEWITT is not responsible for any transaction failures, delays, or charges imposed by these providers.

4.2 The purchase price is due upon acceptance of your order by LEWITT. This shall also apply to partial deliveries, where the purchase price shall be paid for the respective partial quantities delivered. The delivered goods remain the property of the Company until full payment of the purchase price.

4.3 In the event of late payment, the Company is entitled to charge statutory interest rates.

4.4Only for Entrepreneurs: Any set-off against our claims with counterclaims of any kind is excluded, unless such counterclaims have been expressly acknowledged by us in writing or have been established by a final and legally binding court decision.

5. Order process and conclusion of the contract

5.1 The purchase agreement between you and LEWITT shall only be concluded once LEWITT has accepted your order (offer). LEWITT will accept your offer solely by sending a confirmation e-mail to the e-mail address you provide when placing your order.

5.2 LEWITT cannot guarantee the availability of all goods displayed in the LEWITT webshop. If, after receipt of your order, it should turn out that an item you have ordered is temporarily out of stock or otherwise unavailable, LEWITT will inform you by e-mail, and no sales contract will be concluded in this respect. Furthermore, deliveries outside of Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery. If payment has already been made, LEWITT reserves the right to withdraw from the contract and refund the full amount without undue delay.

6. Prices

6.1 Prices stated in catalogues, brochures, price lists, etc. are - unless expressly stated otherwise in individual cases - non-binding and qualify as an invitation to you to submit a corresponding offer to LEWITT to conclude a sales contract.

6.2 The final purchase price is composed of the order value, the shipping costs and the applicable value added taxes and other statutory duties, taxes and customs, as applicable.

6.3 Deliveries to destinations outside of Austria may be subject to additional customs duties and/or charges, in particular import or export duties and excise taxes, which may increase the gross prices. Such customs, duties and/or charges shall be borne by you in the respective statutory amount.

8. Shipping, shipping costs, invoice, and shipping verification

8.1 The delivery of the purchased product(s) shall be made exclusively from the LEWITT shipping warehouse as the place of performance to the delivery address provided to you.

8.2 Only for Entrepreneurs: With the handover of the goods to a carrier, the risk is transfers to you.

Only for Consumers: The risk transfers to you as soon as you or a denominated third party, who is not the carrier of the goods, gains possession of the goods.

8.3 The goods purchased by you are generally shipped with the following transport service provider(s): TNT, DPD. Delivery can be made on any working day (Monday to Friday) during normal business hours; depending on your delivery address, delivery can also be made on Saturdays. The delivery time when using standard shipping is usually 1 to 3 business days (Saturday and Sunday are not business days); however, it generally depends on the delivery address you specify. If you are not present at the delivery address at the time of delivery, the following applies: After an unsuccessful delivery attempt, the transport service provider will inform you about the unsuccessful delivery attempt and you can pick up your delivery at the respective pickup location (e.g. post office or parcel store) within a period of time to be determined by the transport service provider.

8.4 The shipping costs depend on the order quantity as well as the place of delivery, and the respective shipping costs will be displayed separately in the context of your order placement before submitting your order.

8.5 You will receive the respective invoice from LEWITT by e-mail to the e-mail address you provided during the order process.

8.6 Only for Entrepreneurs: You shall immediately inspect all delivered goods for any defects and notify LEWITT of any defect that you have discovered or should have discovered in the normal course of business after delivery by inspection within a reasonable period of time, but no later than 3 working days. If you fail to notify LEWITT within this period, all warranty claims, compensation for damages due to the defect itself, as well as from an error regarding the goods being free of defects, are excluded. If a defect only becomes apparent at a later date, you must also notify LEWITT within the above-mentioned period; otherwise warranty claims are excluded.

For Consumers only: In order to process your purchase as flawlessly and quickly as possible, you are requested to open each of your deliveries immediately upon receipt and to check them for completeness and possible damage. LEWITT would be grateful if you would address any complaints to the LEWITT support team at [email protected] as soon as possible. This is purely a request from LEWITT; your statutory warranty rights (see point 9, below) remain unaffected.

9. Warranty

Physical Goods

Only for Entrepreneurs: LEWITT warrants that the delivered goods essentially conform to the agreed specifications and at the time of transfer of risk are free from material defects. The warranty period is six months from delivery. Any defects must be notified without undue delay upon discovery, specifying the nature of the defect in reasonable detail. The Company shall fulfill its warranty obligations exclusively by remedying the defect either through improvement (Nachbesserung) or replacement (Austausch), at the sole discretion of the Company. Should both improvement and replacement prove to be economically unreasonable or impracticable for the Company, the Company reserves the right to withdraw from the contract.

The warranty is excluded for defects arising from improper handling, installation, or use contrary to the operating instructions, as well as for wear and tear.

Only for Consumers: You have statutory warranty rights under the Austrian Consumer Protection Act (KSchG) and the Austrian Civil Code (ABGB). LEWITT warrants that the goods are free from defects and suitable for the intended use at the time of delivery. The warranty period is 24 months from delivery (§ 933 ABGB), unless a longer period is required by law. If the goods are defective, you may request improvement or replacement. If this is not possible or would result in disproportionate cost to LEWITT, you may demand a price reduction or cancellation of the contract (Wandlung).

Software Products

Only for Entrepreneurs: The Software is provided “as is” in accordance with the agreed specifications. LEWITT warrants that, at the time of provision, software is free from defects that materially impair its functionality for the contractually agreed purpose. The warranty period is 6 months from provision or access to the software. You must inspect the software promptly and notify any defects in writing without undue delay. LEWITT shall remedy any reproducible defects within a reasonable period. No warranty is assumed for compatibility with third-party systems unless expressly agreed in writing.

Only for Consumers: For software and digital content, your rights are governed by the Verbrauchergewährleistungsgesetz (VGG). LEWITT ensures that digital products comply with the agreed characteristics and functionality at the time of delivery and during the statutory period. This includes the obligation to provide updates unless the parties have explicitly agreed otherwise in accordance with § 8 VGG. The warranty period is two years from the date the software is made available to you.

9.5 Product Illustrations

The product images shown in the LEWITT webshop may differ from the delivered goods, especially with newly introduced products. Minor changes to appearance or specifications that are reasonable do not constitute defects if the goods otherwise match the description.

10. Limitation of liability

10.1 The liability of LEWITT shall be excluded in all cases of slight negligence. This limitation of liability does not apply in cases of willful misconduct, gross negligence, or damages resulting from personal injury or death as well as any liability arising from applicable mandatory Product Liability laws.

10.2 Only for Entrepreneurs: The application of § 1298 ABGB (reversal of the burden of proof regarding questions of fault) is excluded.

LEWITT shall not be liable for loss of revenue, loss of data, loss of use, or any indirect damages.

11. Only for Consumers: Withdrawal from the contract

11.1 You have the legal right to withdraw from any purchase contract from the LEWITT webshop within fourteen days without giving reasons. If you have ordered several goods in combination for a lump sum price, you may only exercise your right of withdrawal with respect to the entire combination of goods.

11.2 The withdrawal period is fourteen days from the day:

11.2.1 on which you or a third party designated by you, not acting as carrier, acquire possession of the goods,

11.2.2 If you have ordered several goods under a single order which are delivered separately, the date on which you or a third party designated by you and not acting as carrier takes possession of the last delivered goods,

11.2.3 In the event of delivery of goods in several partial consignments, on the day on which you or a third party named by you and not acting as carrier obtain possession of the last partial consignment.

11.3 If you wish to withdraw from a purchase contract, you must inform LEWITT of your decision to withdraw from the contract by means of a clear statement (e.g. by letter or e-mail). You can also use the sample withdrawal form attached to these terms and conditions without being obligated to do so. You can submit your declaration of withdrawal to LEWITT to LEWITT's contact details, which are also listed in section 1.1 above.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. To do so, please contact our technical support at the following e-mail address: [email protected]. LEWITT will then inform you of the return address as soon as possible, since this depends on your place of delivery, especially since the place of delivery depends on it. You must bear the direct costs of returning the goods.

11.7 All goods returned to LEWITT in this manner must be in the same condition and packaging as when you received them. You may open the product packaging for inspection and verification purposes, but all returned goods must be undamaged and properly packaged. If you have damaged and/or improperly packaged any goods, LEWITT shall be entitled to compensation for the resulting reduction in the market value of the goods, unless such reduction in value is due to handling of the goods and/or packaging that is necessary to check the condition and/or properties of the goods and/or the appropriate functioning of the goods.

11.9 If you no longer have a right to withdrawal (e.g. after expiry of your withdrawal period) and you still exercise your no longer existing right of withdrawal, you must bear the costs of returning the goods and sending them to you again, and the purchase contract remains unaffected.

11.10 Only for digital content (software):

In accordance with § 18 FAGG, your right to withdrawal expires once the download of the software has started and you have expressly consented to the loss of this right before downloading, and we have confirmed this to you.

12. Only for Consumers: Alternative Dispute Resolution

12.1 This entire point 12. applies only to Consumers.

12.1 The EU Commission has provided an online platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/.

12.2 If an amicable resolution cannot be achieved, the consumer may submit the dispute to the competent alternative dispute resolution (ADR) body. In Austria, consumers can contact the Internet Ombudsstelle (www.ombudsstelle.at) or the Verbraucherschlichtung Austria (www.verbraucherschlichtung.at).

12.3 LEWITT is not obligated to participate in any alternative dispute resolution procedure and LEWITT shall not participate in such procedures.

13. Final provisions, choice of law and place of jurisdiction

13.1 Only these General Terms and Conditions shall apply. Your own general terms and conditions and your own other contractual conditions are expressly and completely excluded. This shall apply in particular even if (i) you have informed LEWITT of such terms and conditions, (ii) you have provided LEWITT with such terms and conditions in any manner whatsoever, (iii) LEWITT provides or fulfils any services or obligations under a contract with knowledge of your terms and conditions, or (iv) your terms and conditions appear in your communications or are otherwise stated and are not contradicted by LEWITT.

13.2 Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the parties to the contract had pursued with the invalid or unenforceable provision. The above provisions shall also apply accordingly in the event that the GTC prove to be incomplete.

13.3 This Agreement shall be governed by and construed in accordance with the laws of Austria, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Only for Consumers: If you are a consumer and your habitual residence is in a Member State of the European Union, you also enjoy the protection of the mandatory consumer protection provisions of the law of your country of residence.

13.4 Only for Entrepreneurs: The exclusive place of jurisdiction shall be the commercial court that is competent for the first district of Vienna, whereby LEWITT shall, however, be entitled at any time to take legal action against you at any other competent court.