Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods according to Specific Customer Requirements
- Special Conditions for Repair Services
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Alpenleder International GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
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 for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In this process, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, fax, online contact form, mail, or phone.
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 placed the order.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that finalizes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order is sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process via the usual keyboard and mouse functions until they click the button that finalizes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out 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 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 with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs incurred are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further 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 transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding money transfers may also arise 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.
4.3 The payment option(s) is/are communicated to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller makes an advance payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal, and credit notes.
4.6 When selecting the payment method "purchase on account," the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without any deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to the Customer as follows:
- via e-mail
- by mail
6) Retention of Title
6.1 Vis-à-vis consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.6.2 Vis-à-vis entrepreneurs, the Seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the Customer acts as an entrepreneur, the following also applies:
In the event of processing of the delivered goods, the Seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the Seller acquires ownership in the ratio of the invoice values of its goods to that of the other materials. If, in the event of the connection or mixing of the Seller's goods with an item of the Customer, this is to be regarded as the main item, co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. The Customer is considered the custodian in these cases.
The Customer may neither pledge items under retention of title nor assign them as security. The Customer is only entitled to resell the goods under retention of title in the ordinary course of business. The Customer hereby assigns all claims arising against third parties in the amount of the respective invoice value (including value-added tax) to the Seller in advance. This assignment applies regardless of whether the goods under retention of title have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
The Customer must notify the Seller immediately of any access by third parties to the goods owned or co-owned by the Seller or to the assigned claims. He must immediately transfer any amounts collected by him that have been assigned to the Seller to the Seller, insofar as the Seller's claim is due.
Insofar as the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security rights at the Customer's request.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, the rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and shortening of periods regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal ground
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer may regularly rely.
8.3 Otherwise, any liability of the seller is excluded.
8.4 The above liability provisions also apply to the seller’s liability for his vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer requirements
9.1 If, in addition to the delivery of goods, the contract requires the seller to process the goods according to specific customer requirements, the customer shall provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and shall grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he possesses the right to use the content provided to the seller. He shall ensure, in particular, that this does not infringe upon the rights of third parties, especially copyrights, trademark rights, and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties that these may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. In this context, the customer shall also assume the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the infringement is not the responsibility of the customer. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or violates public policy. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Special conditions for repair services
If the contract requires the seller to repair an item belonging to the customer, the following applies:
10.1 Repair services are provided at the seller's registered office.
10.2 The seller performs his services at his discretion either personally or through qualified personnel selected by him. In doing so, the seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.
10.3 The customer must provide the seller with all information required for the repair of the item, provided that its procurement does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must submit a comprehensive description of the defect to the seller and notify him of all circumstances that may be the cause of the identified defect.
10.4 Unless otherwise agreed, the customer must ship the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.
10.5 The return shipment of the item is at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
10.6 The customer may also bring the item to be repaired to the seller's place of business and collect it from there himself, if this is stated in the seller's service description or if the parties have made a corresponding agreement to this effect. In this case, the above regulations regarding the bearing of costs and risk for shipping and return shipping of the item apply accordingly.
10.7 The aforementioned regulations do not limit the customer's statutory rights regarding defects in the event of the purchase of goods from the seller.
10.8 The seller is liable for defects in the provided repair service in accordance with the provisions of statutory liability for defects.
11) Redemption of promotional vouchers
11.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
11.8 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
11.9 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11.10 The promotional voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless stated otherwise in the voucher.
12.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Several gift vouchers can be redeemed for one order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
12.7 The credit of a gift voucher is neither paid out in cash nor does it earn interest.
12.8 The gift voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.
13) Applicable law
13.1 All legal relationships between the parties shall be 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 only applies 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.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
14) 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 is the seller's place of business. If the customer has his registered office 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 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 call upon the court at the customer's place of business.