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 General Terms and Conditions in their version valid at the time of order apply. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purchase of vouchers, these Terms and Conditions apply accordingly, unless expressly stated otherwise.
1.3 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent 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 by the Seller, but rather serve as the basis for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding 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 Customer's order has been placed.
If multiple of the aforementioned alternatives apply, the contract is concluded at the point in 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 their declaration of intent.
2.4 The period for accepting the offer begins on the day following the Customer's submission of the offer and ends at the expiration of the fifth day following the submission 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 after submission of their order together with the present Terms and Conditions in text form (e.g. email or fax). Additionally, 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 corresponding login details, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.6 Before conclusively submitting the order via the Seller's online order form, the Customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation field before the conclusive submission of the order and can also be corrected there using standard keyboard and mouse functions.
2.7 For the conclusion of the contract, only German and English languages are available.
2.8 Order processing and contact take place regularly 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, the Customer must ensure, when using SPAM filters, 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 will be sent to you in PDF format by 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 generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal notice.
3.2 Inspect 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 are inclusive of the applicable statutory sales tax.
4.2 After the order is placed, an invoice in the form of a PDF will be sent to you by email. This will summarize the transaction conditions. The Seller undertakes to provide the Customer only with the delivery note upon delivery, but not a copy of the invoice. A printout of the invoice can be completed 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 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 customs duties and taxes (e.g. tariffs). Such costs may also incur in relation to money transfers if 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, with 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 default interest at 5% above the base interest rate announced by the European Central Bank per annum. If 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-party involvement in payment processing, payment is only considered made in relation to us when the amount is provided 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 commercial quantities. This applies both to the number of ordered goods within an order and to the placement of multiple orders for the same goods, where the individual orders comprise a household 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 from 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 restricted by the 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 case of 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 telephone, mail, fax, or email is not possible.
7.2 Vouchers and voucher balances can be redeemed until the end of the third year following 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 selected to cover the difference.
7.5 Multiple vouchers can be redeemed with a single order.
7.6 Vouchers or voucher balances cannot be redeemed for cash.
7.7 The voucher is transferable. The Seller may perform payment to the respective holder who redeems the voucher in the Seller's online shop with the effect of releasing the Seller from its obligation. This does not apply if the Seller has knowledge or gross negligence of the lack of entitlement, incapacity to contract, or lack of authority to represent of the respective holder.
8. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, 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 their habitual residence.
9. Notice pursuant to Art. 14 ODR Regulation
9.1 CUSTOMERS who are consumers within the meaning of § 13 BGB have the possibility in case of dispute to conduct an online dispute resolution procedure on the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) with the assistance of a recognized dispute resolution body. To do this, 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 requirement for contacting competent ordinary courts, but rather constitutes an alternative option to resolve differences that may arise within the framework of a contractual relationship.
9.3 Other national provisions for conducting dispute resolution procedures are not affected by the regulations in section 9.1 and 9.2 above.
We would like to point out that the online platform provided at http://ec.europa.eu/consumers/odr for out-of-court online dispute resolution (dispute resolution platform) by the EU Commission is currently not yet ready to operate.
Our email address is: bestellung@alpinloacker.at
10. Jurisdiction
If the Customer acts as a merchant, legal entity under public law, or public special assets with a place of business 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 has its place of business 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 if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, the Seller is nonetheless entitled in all cases to bring an action before the court at the Customer's place of business.
Amendment of Terms 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 that are in effect at the time the Customer places the order apply to the order, unless a change to these terms is required by law or government order (in which case they also apply to orders you placed previously). If any provision in these General Terms and Conditions is invalid, void, or unenforceable for any reason, that 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, then a customer can purchase or receive one product free per order. These promotions are normally limited, which would be unfair 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 of age is legally prohibited. Our wine offering 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.