1. Scope of Application
1.1 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 is governed exclusively by the following Terms and Conditions in the version valid at the time of order. 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 self-employed 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 on the part of the Seller, but serve to make a binding offer to the Customer.
2.2 The Customer can submit an offer via the online order form integrated in the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button, the Customer submits a legally binding contract 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 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 acceptance of the offer begins on the day after the Customer sends their offer and ends at the end of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the Seller's online order form, the Seller stores the contract text and sends it to the Customer after dispatch of their order together with the present Terms and Conditions in text form (e.g. e-mail or fax). Additionally, the contract text is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account by providing the appropriate login details, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.6 Before submitting a binding 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 binding submission of the order and can also be corrected there using standard keyboard and mouse functions.
2.7 Only German and English languages are available for the conclusion of contracts.
2.8 Order processing and contact shall take place generally by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, the Customer must ensure when using SPAM filters 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 within your customer account.
2.10 The invoice amount due must be settled 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. More detailed information on the right of withdrawal can be found in the Seller's withdrawal notice.
3.2 Please 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 are inclusive of the applicable statutory sales tax.
4.2 An invoice in PDF form will be sent to the Customer by e-mail after the order is placed. This will summarize the transaction conditions. The Seller undertakes to provide the Customer with only the delivery note upon delivery, but 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. Shipping costs are clearly communicated to the Buyer on the shipping cost 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 are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import-related duties or taxes (e.g. customs duties). Such costs relating to money transfer may also arise 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, by sofortüberweisung.de, or by PayPal. However, the Seller reserves the right not to offer certain payment methods with 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 interest on arrears at a rate of 5% above the base rate announced by the European Central Bank per annum. If a higher default damage can be demonstrated, the Seller is entitled to claim this.
4.8 The Seller is entitled to use the services of trustworthy third parties in processing payments. In the event 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 involvement of third parties in payment processing, payment is only deemed to have been made in relation to us when the amount has been 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 a single 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 provides advance performance, it retains ownership of the delivered goods until full payment of the purchase price owed.
6. Warranty pursuant to § 477 I BGB
The 1-year manufacturer 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 the assumption of all repair and shipping costs for defects that occur during the warranty 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.
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 e-mail is not possible.
7.2 Vouchers and remaining voucher credit can be redeemed until the end of the third year following the year of voucher purchase. Remaining credit is 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 amount.
7.5 Multiple vouchers can be redeemed in a single order.
7.6 Cash redemption of vouchers or voucher credit is not possible.
7.7 The voucher is transferable. The Seller may perform 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 or grossly negligent lack of knowledge of the lack of entitlement, incapacity, or lack of authority to represent 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 afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer habitually resides.
9. Notice pursuant to Art. 14 ODR Regulation
9.1 CUSTOMERS who are consumers within the meaning of § 13 BGB have the opportunity 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. For this purpose, 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 prerequisite for appealing to competent ordinary courts, but rather provides an alternative option for resolving 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 above provisions in paragraphs 9.1 and 9.2.
We note that the online platform of the European Commission provided at http://ec.europa.eu/consumers/odr for out-of-court online dispute resolution (OS platform) is not yet operational.
Our e-mail address is: info@feelgrounds.com
10. Jurisdiction
If the Customer acts as a merchant, legal entity of public law, or public-law special asset 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 shall be the Seller's place of business. If the Customer's place of business is 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 aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's place of business.
Modification of Sales Terms: The Seller reserves the right to make changes to its website and these Terms and Conditions at any time. The Terms and Conditions applicable at the time the Customer places the order shall apply to the order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders you have previously made). 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 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
When we offer free products in a promotion, a customer can purchase or receive free one product 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 supply of alcohol to minors under 18 years of age is prohibited by law. 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.