1. Scope

1.1 The business relationship between ALPIN LOACKER GmbH, Walgaustraße 33, 6833 Klaus (hereinafter “Seller”) and the customer (hereinafter “Customer”) for the purchase of sports & outdoor items is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that predominantly are outside his or her trade, business or profession (§ 13 BGB).
 

2. Conclusion of the 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 serve as a basis for submitting a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer for 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 an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the customer has placed an order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the day the offer was sent.

2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller and sent to the customer after submission of his order together with these GTC in text form (e.g. e-mail or fax). In addition, the contract text is archived on the seller’s website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided the customer has created a customer account in the seller’s online shop before submitting his order. 

2.6 Before submitting a binding order via the seller’s online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.

2.7 The contract is available exclusively in German and English.

2.8 Order processing and contact usually take place by e-mail and automated order handling. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

2.9 You agree to receive invoices electronically. Electronic invoices will be sent to you in PDF format by e-mail or made available for download in your customer account.

2.10 The invoice amount payable is due within 14 days. Otherwise, the seller reserves the right to withdraw the offer.
 

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.2 Check the goods within 10 days of receipt and report any defects immediately.
 

4. Prices and shipping conditions

4.1 All prices stated on the seller’s website include the statutory value-added tax applicable at the time.

4.2 After the order has been placed, the customer will receive an invoice in PDF form by email. This document provides a summary of the transaction conditions. The seller undertakes to provide the customer with only the delivery note upon delivery, and not a copy of the invoice. A printout of the invoice can be made in the personal account.

4.3 In addition to the stated prices, the seller charges shipping costs for delivery. The 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 be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for transferring money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.5 The customer has various payment options at their disposal, which are specified in the seller’s online shop.

4.6 The customer can pay by credit card, sofortüberweisung.de or PayPal. However, for each order the seller reserves the right not to offer certain payment methods and to refer to other payment methods.

4.7 If the customer is in default of payment, the seller is entitled to demand default interest at a rate of 5% above the base interest rate p.a. announced by the European Central Bank. If a higher loss caused by delay can be proven, the seller is entitled to claim this.

4.8 The seller is entitled to use the services of trustworthy third parties to process payments. In the event of late payment 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. If third parties are involved in payment processing, payment is deemed to have been made to us only when the amount has been made available to the third party in accordance with the contract so that the third party can dispose of it without restriction.

4.9 Goods are sold only in standard household quantities. This applies both to the number of items ordered within a single order and to multiple orders of the same item where each individual order comprises a standard household quantity.

 

5. Retention of title

If the seller pays in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
 

6. Warranty pursuant to § 477 I BGB

The 1-year manufacturer’s warranty is granted from the date of purchase by ALPIN LOACKER GmbH, Walgaustraße 33, 6833 Klaus. It is valid throughout Europe. The statutory warranty rights (liability for defects) are not limited by this warranty. The warranty covers 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 named above.
 

7. Redeeming vouchers

7.1 Vouchers purchased via the seller’s online shop can only be redeemed in the seller’s online shop using the online order form provided for this purpose. Redemption by telephone, letter, fax or email is not possible.

7.2 Vouchers and remaining voucher balances can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the customer’s voucher account until the expiry date.

7.3 Vouchers can only be used to purchase goods and not to purchase additional vouchers.

7.4 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be used to pay the difference.

7.5 Multiple vouchers can be redeemed in a single order.

7.6 Cash payment of vouchers or voucher balances is not possible.

7.7 The voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the voucher in the seller’s online shop. This does not apply if the seller has knowledge of, or is grossly negligently unaware of, the lack of authorization, legal incapacity or missing power of representation of the respective holder.
 

8. Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on 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 state in which the consumer has his or her habitual residence.
 

9. Notice pursuant to Art. 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 conciliation procedure via the EU portal “Your Europe” (http://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognized conciliation body. For this purpose, they can use the EU online dispute resolution platform at the URL: http//ec.europa.eu/consumers/odr/. 

9.2 The online conciliation procedure is not a mandatory prerequisite for bringing an action before the competent ordinary courts, but represents an alternative option for resolving disputes that may arise in the context of a contractual relationship. 

9.3. Other national regulations governing conciliation procedures remain unaffected by the above provisions in sections 9.1 and 9.2. 

We would like to point out that the online platform of the EU Commission for online dispute resolution (ODR platform), provided at http://ec.europa.eu/consumers/odr, is currently not yet available for use. 
Our email address is: bestellung@alpinloacker.at

10. Place of jurisdiction

If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the seller’s place of business is 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 above cases, however, the seller is in all instances also entitled to bring an action before the court at the customer’s place of business.

Changes to the terms of sale: The seller reserves the right to make changes to his website and these General Terms and Conditions at any time. The General Terms and Conditions that apply to the order are those in force at the time the customer places the order, unless a change to these terms is required by law or official order (in which case they will also apply to orders you have previously placed). If any provision in these General Terms and Conditions is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Minors: We do not offer products for purchase by minors. Our products may only be purchased by adults. If the customer is under 18, they may only use the online shop with the involvement of a parent or legal guardian.

11. Free product promotions

When we offer free products as part of a promotion, a customer may purchase one product per order, i.e. receive one product for free. These promotions are usually limited, so it would be unfair to other customers if more items could be ordered. For this reason, each customer is only entitled to one free product.x

12.Youth protection

The sale of alcohol to minors under 18 is prohibited by law. Our wine selection is therefore aimed exclusively at adults. By placing your order, you confirm that the recipient of the goods is over 18 years of age.