1. scope of application
1.1For the business relationship between ALPIN LOACKER GmbH, Kirlastraße 9, 6840 Götzis (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") for the purchase of Sport & Outdoor articles, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2For the purchase of vouchers, these GTC apply accordingly, unless otherwise expressly regulated.
1.3Consumer in the sense of these GTC is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor to his independent professional activity (§ 13 BGB).
2. conclusion of contract
2.1The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer to the customer.
2.2The customer can submit the offer via the online order form integrated in the online store of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, by clicking the button, makes a legally binding contractual offer with respect to the goods contained in the shopping cart.
2.3The seller can 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), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.5When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. by e-mail or fax) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the website of the seller and can be accessed by the customer free of charge via his password-protected customer account by providing the corresponding login data, provided that the customer has created a customer account in the online store of the seller before submitting his order.
2.6Before binding submission of the order via the online order form of the seller, the customer can continuously correct his entries via 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.
2.7Only the German and English languages are available for the conclusion of the contract.
2.8The order processing and contacting usually take place via 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 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.
2.9You agree to receive invoices electronically. Electronic invoices will be emailed to you in PDF format 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
3.1Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the cancellation policy of the seller.
4. prices and shipping conditions
4.1All prices stated on the Seller's website are inclusive of the applicable statutory value-added tax.
4.2 The customer will be sent an invoice in the form of a PDF by email after the order. On this, the transaction terms are summarized. The Seller undertakes to provide the Customer only with the delivery bill upon delivery, but not with a copy of the invoice. A print of the invoice can be completed in the personal account.
4.3 In addition to the stated prices, the Seller charges shipping costs for the 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 may pay by credit card, by sofortüberweisung.de, or by Paypal. However, the Seller reserves the right for each order 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 charge interest on arrears 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 shall be entitled to assert such damage.
4.8 The Seller is entitled to use the services of trustworthy third parties for the processing of payments. In the event of default in payment by the Customer, the Seller may assign its claims to a collection agency and transfer the personal data required to process the payment to this third party. In the event that third parties are involved in the processing of payments, the payment shall only be deemed to have been made in relation to us 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 The goods shall only be sold in quantities customary in the trade. This refers both to the number of goods ordered within the scope of one order and to the placement of several orders of the same goods where the individual orders comprise a quantity customary in the household.
5. retention of title
If the Seller makes advance performance, 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 3-year manufacturer's warranty is granted from the date of purchase by ALPIN LOACKER GmbH, Kirlastraße 9, A - 6840 Götzis. It is valid throughout Europe. The legal warranty right (liability for defects) is not limited by the warranty. The warranty includes 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 consumption or improper handling. In the event of a warranty claim, please contact the previously named warranty provider. After sending in the product and presenting the proof of purchase, the product will then be repaired free of charge or replaced by an equivalent product.
7. redemption of vouchers
7.1Vouchers purchased via the seller's online store can only be redeemed in the seller's online store via the online order form provided for this purpose. A redemption by telephone, letter, fax or e-mail is not possible.
7.2Vouchers and remaining credit balances of vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer's voucher account until the expiration date.
7.3Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.
7.4If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.5Several vouchers can be redeemed in one order.
7.6A cash payment of vouchers or voucher credits is not possible.
7.7The voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the voucher in the online store of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
8. applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9. notice according to art. 14 ODR regulation
9.1 CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option in the event of a dispute to conduct an online conciliation procedure on 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 log on to the EU online conciliation platform at URL: http//ec.europa.eu/consumers/odr/.
9.2 The online conciliation procedure is not a mandatory prerequisite for calling the competent ordinary courts, but is an alternative way to resolve differences that may arise in the context of a contractual relationship.
9.3 Other national regulations for the implementation of arbitration procedures shall 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 out-of-court online dispute resolution (ODR platform) provided for at http://ec.europa.eu/consumers/odr is not yet operational.
Our e-mail address is: firstname.lastname@example.org
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 place of business 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. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
Amendment of the Terms and Conditions of Sale: The Seller reserves the right to make changes to its website and these General Terms and Conditions at any time. The General Terms and Conditions in force at the time the order is placed by the Customer shall apply to the order, unless a change to these Terms and Conditions is required by law or government order (in which case they shall also apply to orders previously placed by you). If any provision of these 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 any 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, he may use the online store only with the participation of a parent or guardian
11.free product promotions
If 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 the other customers if you could order more pieces. Therefore, a customer is only entitled to one free product.x
The sale of alcohol to young people under 18 years is prohibited by law. Our wine offer is therefore directed exclusively to adults. With your order you assure us that the recipient of the goods is older than 18. years.