GTC

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 sports & outdoor articles, the following General Terms and Conditions apply exclusively 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 GTC apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).
 

2. conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit 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 store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard 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 an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 his declaration of intent.

2.4 The period for accepting the offer begins on the day after the offer is sent by the customer 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 text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail or fax) after the order has been sent, together with these GTC. In addition, the text of the contract 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 that the customer has created a customer account in the seller's online store before sending his order. 

2.6 Before binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again 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 the German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 to process the order can be delivered.

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

2.10 The invoice amount to be paid must be settled 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 policy.
 

4. prices and shipping conditions

4.1 All prices stated on the Seller's website include the applicable statutory value added tax.

4.2 An invoice in the form of a PDF will be sent to the customer by email after the order has been placed. This invoice summarizes the terms and conditions of the transaction. The seller undertakes to provide the customer with only the delivery bill upon delivery, but not a copy of the invoice. The invoice can be printed 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 the transfer of money 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 the transfer of funds 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 Various payment options are available to the customer, which are indicated in the seller's online store.

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

4.7 If the customer is in default of payment, the seller shall be entitled to demand default interest in the amount of 5% above the base interest rate p.a. announced by the European Central Bank. If a higher damage caused by default 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 the payment. If the customer defaults on payment, the seller may assign its claims to a debt collection agency and transfer the personal data required for payment processing to this third party. If third parties are involved in the processing of payments, the payment shall not be deemed to have been made in relation to us until 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 The goods are only sold in customary quantities. This refers both to the number of goods ordered as part of one order and to the placing of several orders for the same goods, where the individual orders comprise a customary household quantity.

 

5. reservation of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
 

6. warranty according to § 477 I BGB

The 1-year manufacturer's warranty is granted from the date of purchase by ALPIN LOACKER GmbH, Straßenhäuser 59, 6842 Koblach. It is valid throughout Europe. The statutory warranty right (liability for defects) is not restricted by the guarantee. The guarantee covers all repair and shipping costs for defects that occur during the guarantee period and that are not due to wear and tear, normal use or improper handling. In the event of a warranty claim, please contact the aforementioned warranty provider. After sending in the product and presenting proof of purchase, the product will be repaired free of charge or replaced with an equivalent product.
 

7. redemption of vouchers

7.1 Vouchers purchased via the seller's online store can only be redeemed in the seller's online store using the online order form provided for this purpose. Redemption by telephone, letter, fax or e-mail is not possible.

7.2 Vouchers and remaining credit on vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiration date.

7.3 Vouchers can only be used for the purchase of goods and not for the purchase of further 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 can be selected to settle the difference.

7.5 Several vouchers can be redeemed for one order.

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

7.7 The voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
 

8 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
 

9. notice pursuant to Art. 14 ODR Regulation

9.1 CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of conducting an online dispute resolution procedure on the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognized arbitration body. To do so, they can access 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 recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

9.3 Other national provisions on the conduct of arbitration proceedings remain unaffected by the above provisions in sections 9.1 and 9.2.

We would like to point out that the EU Commission's online platform for out-of-court online dispute resolution (ODR platform) provided at http://ec.europa.eu/consumers/odr is not yet operational.
Our email address is: [email protected]

10. place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled 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 if 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 any case entitled to appeal to the court at the customer's place of business.

Changes to the terms and conditions 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 in force at the time of the Customer's order will apply to the order, unless a change to these Terms and Conditions is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any 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 store with the assistance of a parent or legal guardian

11.free product promotions

When we offer free products in a promotion. Then a customer can buy one product per order or buy it for free. These promotions are normally limited, so it would not be fair to other customers if they were allowed to order more. Therefore, a customer is only entitled to one free product.x

12.protection of minors

The sale of alcohol to young people under the age of 18 is prohibited by law. Our wine offer is therefore aimed exclusively at adults. With your order you assure us that the recipient of the goods is older than 18 years.