1. Scope
1.1 The following General Terms and Conditions in their version valid at the time of order shall apply exclusively to the business relationship between ALPIN LOACKER GmbH, Walgaustraße 33, 6833 Klaus (hereinafter "Seller") and the customer (hereinafter "Customer") for the purchase of sport & outdoor items. The seller hereby objects to the inclusion of the customer's own terms and conditions 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 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 shop do not constitute binding offers by the Seller, but serve to submit a binding offer to the Customer.
2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. By clicking the button after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart.
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, 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 has submitted their order.
If more than one of the aforementioned alternatives applies, 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 shall be deemed a rejection of the offer, with the result 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 following the sending of the offer by the Customer and ends with the expiration 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 after sending 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 via 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 sending their order.
2.6 Before binding submission of 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 box before the binding 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 are typically 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, the Customer must ensure when using SPAM filters that all emails sent by the Seller or by third parties commissioned with 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 are generally entitled to a right of withdrawal. Further information on the right of withdrawal is provided in the Seller's withdrawal information.
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 An invoice in PDF form will be sent to the Customer by email after the order is placed. This invoice 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. A print of the invoice can be obtained 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 in the course of 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 the Customer must bear. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import-related duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not to a country outside the European Union, but the Customer makes 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, 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 is entitled to demand default interest at a rate of 5% above the base rate announced by the European Central Bank per annum. If higher default damage is demonstrably incurred, the Seller is entitled to assert this.
4.8 The Seller is entitled to use the services of trustworthy third parties in processing payments. In case of the Customer's payment default, the Seller may transfer its claims to a collection agency and transfer the personal data required for payment processing to this third party. In the event that third parties are involved in payment processing, payment is only considered performed 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 Goods are sold only in customary 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 each individual order comprises a household quantity.
5. Retention of Title
If the Seller acts in advance performance, it retains ownership of the delivered goods until full payment of the owed purchase price.
6. Warranty according to Section 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 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 use, or improper handling. In case of warranty, please contact the aforementioned warranty provider.
7. Voucher Redemption
7.1 Vouchers purchased via the Seller's online shop can only be redeemed in the Seller's online shop via the designated online order form. Redemption by telephone, mail, 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 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 chosen to settle 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 can perform with exonerating effect to 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 ignorance of the holder's lack of entitlement, incapacity to act, 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 afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9. Notice pursuant to Article 14 ODR Regulation
9.1 Customers who are consumers within the meaning of Section 13 BGB have the option of using an online dispute resolution procedure under the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_en.htm) in case of dispute with the involvement of a recognized dispute resolution body. To do this, they can use the EU's online dispute resolution platform at the following URL: http//ec.europa.eu/consumers/odr/.
9.2 The online dispute resolution procedure is not a mandatory prerequisite for calling on competent ordinary courts, but rather represents an alternative option for eliminating disputes that may arise in the context of a contractual relationship.
9.3 Other national provisions for conducting dispute resolution procedures remain unaffected by the preceding regulations in paragraphs 9.1 and 9.2.
We would like to point out that the online platform provided at http://ec.europa.eu/consumers/odr by the European Commission for out-of-court online dispute resolution (OS platform) is currently not operational.
Our email address is: info@feelgrounds.com
10. Place of Jurisdiction
If the Customer is a merchant, legal entity under public law, or public law special fund with 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 Seller's place of business. If the Customer has its registered office 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 is in any case entitled to call upon the court at the location of the Customer's registered office.
Amendment of Sales Conditions: 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 applicable to the order are those in effect at the time the order is placed by the Customer, unless a change to these conditions is required by law or by official 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 or 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 free one product per order. These promotions are normally limited, so it would not be fair to other customers if they could order more units. 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 offer is therefore exclusively directed at adults. By placing your order, you assure us that the recipient of the goods is older than 18 years of age.