Terms and Conditions
1. Scope of Application
1.1 For the business relationship between ALPIN LOACKER GmbH, Walgaustraße 33, 6833 Klaus (hereinafter "Seller") and the customer (hereinafter "Customer") for the purchase of sport & outdoor articles, exclusively the following Terms and Conditions in their version valid at the time of ordering shall apply. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purchase of vouchers, these Terms and Conditions apply accordingly, unless expressly otherwise provided.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be predominantly attributed to their commercial or self-employed professional activity (§ 13 BGB).
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to make a binding offer to the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. The customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the Customer's offer is sent and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g., email or fax) after the Customer submits their order together with the present Terms and Conditions. In addition, the contract text is archived on the Seller's website and can be retrieved free of charge by the Customer through their password-protected customer account by providing the appropriate login details, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.6 Before submitting the order via the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation field before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only German and English languages are available for contract conclusion.
2.8 Order processing and contact are generally conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if the Customer uses SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
2.9 You agree that you will receive invoices electronically. Electronic invoices are sent to you in PDF format via email or made available for download within your customer account.
2.10 The invoice amount due must be paid within 14 days. Otherwise, the Seller reserves the right to withdraw the offer.
3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal information.
3.2 Please inspect the goods within 10 days of receipt and report any defects immediately.
4. Prices and Shipping Terms
4.1 All prices stated on the Seller's website include the applicable statutory sales tax.
4.2 After ordering, an invoice in the form of a PDF will be sent to you by email. This will summarize the transaction terms. The Seller undertakes to provide the Customer only with the delivery note upon delivery, but not a copy of the invoice. The invoice can be printed in your personal account.
4.3 In addition to the stated prices, the Seller charges shipping costs for delivery. Shipping costs are clearly communicated to the Buyer on the shipping costs page and during the ordering process.
4.4 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.5 Various payment options are available to the Customer, which are specified in the Seller's online shop.
4.6 The Customer can pay by credit card, sofortüberweisung.de, or PayPal. However, the Seller reserves the right not to offer certain payment methods with each order and to refer to other payment methods.
4.7 If the Customer is in payment default, the Seller is entitled to demand default interest at a rate of 5% above the base interest rate announced by the European Central Bank p.a. If a higher default damage is demonstrably incurred, the Seller is entitled to claim this.
4.8 The Seller is entitled to use the services of trustworthy third parties in the processing of payments. In case of payment default by the Customer, the Seller may assign its claims to a collection agency and transfer the personal data required for payment processing to this third party. In the event of third parties being involved in payment processing, payment is only considered made in relation to us when the amount is made available to the third party in accordance with the contract, so that the third party can freely dispose of it.
4.9 Goods are sold only in commercial quantities. This applies both to the number of goods ordered within an order and to the placement of multiple orders for the same goods, where each order comprises a household-customary quantity.
5. Retention of Title
If the Seller provides advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.
6. Warranty according to § 477 I BGB
The 1-year manufacturer's warranty is granted as of the date of purchase by ALPIN LOACKER GmbH, Walgaustraße 33, 6833 Klaus. It applies throughout Europe. The statutory warranty right (liability for defects) is not limited by the warranty. The warranty covers the assumption of all repair and shipping costs for defects that occur during the warranty period and are not due to wear and tear, normal use, or improper handling. In the event of a warranty claim, please contact the warranty provider mentioned above.
7. Redemption of Vouchers
7.1 Vouchers purchased via the Seller's online shop can only be redeemed in the Seller's online shop via the provided online order form. Redemption by phone, mail, fax, or email is not possible.
7.2 Vouchers and remaining voucher balances can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances are credited to the Customer's voucher account by the expiration date.
7.3 Vouchers can only be used for the purchase of goods and not for the purchase of additional vouchers.
7.4 If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to pay the difference.
7.5 Multiple vouchers can also be redeemed with a single order.
7.6 Cash payment of vouchers or voucher balances is not possible.
7.7 The voucher is transferable. The Seller may perform with a discharging effect towards the respective holder who redeems the voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of authorization, legal incapacity, or lack of authority to represent.
8. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country where the consumer is habitually resident.
9. Notice pursuant to Article 14 ODR Regulation
9.1 CUSTOMERS who are consumers within the meaning of § 13 BGB have the option, in the event of a dispute, to conduct an online dispute resolution procedure on the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_en.htm) with the assistance of a recognized dispute resolution body. To do so, they can use the EU's online dispute resolution platform at the URL: http//ec.europa.eu/consumers/odr/.
9.2 The online dispute resolution procedure is not a mandatory prerequisite for calling upon competent ordinary courts, but rather represents an alternative option for resolving disputes that may arise within the scope of a contractual relationship.
9.3 Other national provisions governing the conduct of dispute resolution procedures remain unaffected by the above regulations in clauses 9.1 and 9.2.
Please note that the online platform provided at http://ec.europa.eu/consumers/odr for out-of-court online dispute resolution (OS platform) by the EU Commission is currently not ready for operation.
Our email address is: bestellung@alpinloacker.at
10. Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a public law special asset located in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer is located outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to call upon the court at the Customer's place of residence.
Modification of Terms of Sale: The Seller reserves the right to make changes to its website and these Terms and Conditions at any time. The Terms and Conditions applicable at the time the Customer places the order shall apply to the order, unless a change to these conditions is required by law or by governmental order (in which case they also apply to orders you have previously made). If any provision in these Terms and Conditions is invalid, void, or unenforceable for any reason, such provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.
Minors: We do not offer products for purchase by minors. Our products can only be purchased by adults. If the Customer is under 18, they may only use the online shop with the participation of a parent or legal guardian.
11. Free Product Promotions
If we offer free products in a promotion, a Customer can purchase or receive one product free per order. These promotions are normally limited, so it would not be fair to other customers if more units could be ordered. Therefore, a Customer is only entitled to one free product.
12.Youth Protection
The sale of alcohol to minors under 18 years is prohibited by law. Our wine selection is therefore exclusively aimed at adults. With your order, you assure us that the recipient of the goods is older than 18 years of age.