1. Scope
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 products, the following General Terms and Conditions apply exclusively in their 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 Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stated otherwise.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code).
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 enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into 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 contractual offer for the goods 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 email), whereby receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the order has been placed.
If several of the above alternatives apply, the contract is concluded at the time when one of the above 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 result that the Customer is no longer bound by their declaration of intent.
2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close 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 in text form (e.g., email or fax) along with these Terms and Conditions after the order is placed. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the appropriate login details, provided the Customer has created a customer account in the Seller's online shop before placing their order.
2.6 Before submitting the order via the Seller's online order form, the Customer can continuously correct their entries using standard keyboard and mouse functions. In addition, all entries are displayed again in a confirmation field before the order is finally submitted and can also be corrected there using standard keyboard and mouse functions.
2.7 Only German and English are available for the conclusion of the contract.
2.8 Order processing and communication generally take place 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, when using spam filters, the Customer must ensure 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 to 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 is due 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 cancellation policy.
3.2 Please inspect the goods within 10 days of receipt and report any defects immediately.
4. Prices and Shipping Conditions
4.1 All prices listed on the Seller's website include the applicable statutory VAT.
4.2 After placing an order, the Customer will receive an invoice in PDF format by email. This will summarize the transaction terms. The Seller undertakes to provide the Customer with only the delivery note upon delivery, not a copy of the invoice. The invoice can be printed from the personal account.
4.3 In addition to the listed 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 apply in individual cases, which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also apply to money transfers even if the 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 listed in the Seller's online shop.
4.6 The Customer may pay by credit card, instant bank transfer (sofortüberweisung.de), or 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 charge default interest at a rate of 5% above the base interest rate announced by the European Central Bank per annum. If a higher default damage can be proven, the Seller is entitled to claim this.
4.8 The Seller is entitled to use the services of trusted third parties for payment processing. In the event of 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. If third parties are involved in payment processing, payment to us is only considered made when the amount has been made available to the third party in accordance with the contract so that the third party can freely dispose of it.
4.9 Goods are only sold in commercially reasonable quantities. This applies both to the number of items ordered within a single order and to multiple orders of the same product, where each individual order comprises a household-typical quantity.
5. Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until full payment of the purchase price owed.
6. Warranty pursuant to Section 477 I of the German Civil Code
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 rights (liability for defects) are not limited by the guarantee. The guarantee covers all repair and shipping costs for defects that occur during the warranty period and are not due to wear, normal use, or improper handling. In the event of a warranty claim, please contact the above-mentioned guarantor.
7. Redemption of Vouchers
7.1 Vouchers purchased through the Seller's online shop can only be redeemed in the Seller's online shop via the designated online order form. Redemption by phone, letter, fax, or email is not possible.
7.2 Vouchers and remaining voucher balances can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer's voucher account until the expiration date.
7.3 Vouchers can only be used to purchase goods and not to purchase 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 may be selected to pay the difference.
7.5 Multiple vouchers may 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 may make payment 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 ignorance of the lack of authorization, legal incapacity, or lack of authority to represent the respective holder.
8. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their 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 have the option to conduct an online dispute resolution procedure with the assistance of a recognized dispute resolution body via the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm). 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 filing a case with competent ordinary courts, but rather represents an alternative way to resolve differences that may arise in the course of a contractual relationship.
9.3 Other national provisions for conducting dispute resolution procedures 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 fully operational.
Our email address is: info@feelgrounds.com
10. Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law, or 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 Seller's place of business. If the Customer is based 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 from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is always entitled to bring action before the court at the Customer's place of residence.
Amendment of Terms and 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 that are in effect at the time of the Customer's order shall apply to the order, unless a change to these conditions is required by law or official order (in which case they also apply to orders you have previously placed). If any provision of these General Terms and Conditions is invalid, void, or unenforceable for any reason, 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 involvement of a parent or guardian.
11. Free Product Promotions
When we offer free products in a promotion, a customer may purchase or receive one free product per order. These promotions are normally limited, so it would not be fair to other customers if one could order more than one. Therefore, each customer is only entitled to one free product.
12.Youth Protection
The sale of alcohol to minors under 18 is prohibited by law. Our wine selection is therefore exclusively aimed at adults. By placing your order, you confirm that the recipient of the goods is over 18 years of age.