Terms of service

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 sport & outdoor articles, the following General Terms and Conditions in their version valid at the time of order shall apply exclusively. The incorporation 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 means 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 from the Seller, but serve to make a binding offer to the Customer.

2.2 The Customer can make an offer via the online order form integrated into 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 makes a legally binding contract offer regarding 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 placed their order.

If more than one of the aforementioned alternatives occurs, the contract comes into being at the time when one of the aforementioned 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 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 has sent the offer and ends at the expiration of the fifth day following the sending of the offer.

2.5 When making 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. e-mail or fax) after the Customer has sent their order, together with the current Terms and Conditions. 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 appropriate login details, provided the Customer has created a customer account in the Seller's online shop before sending their order.

2.6 Before making 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 the 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 contract conclusion.

2.8 Order processing and contact are usually conducted 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, if the Customer uses SPAM filters, the Customer must ensure that all e-mails sent by the Seller or 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 e-mail 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 Terms

4.1 All prices indicated on the Seller's website are inclusive of the applicable statutory sales tax.

4.2 After placing the order, an invoice in PDF form will be sent to the Customer by e-mail. 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 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 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 through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred for money transfers if delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.5 The Customer has various payment options available, 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 to not 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 late payment interest at a rate of 5% above the base interest rate published by the European Central Bank per annum. If higher default damage is demonstrable, the Seller is entitled to claim it.

4.8 The Seller is entitled to use the services of trustworthy third parties in processing payment. 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 that third parties are involved in payment processing, payment is deemed to have been made in relation to us only when the amount has been made available to the third party as agreed, 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 goods ordered as part of an order and to the placement of multiple orders for the same goods, where each individual order comprises a household customary quantity.

 

5. Retention of Title

If the Seller provides advance performance, the Seller reserves the right to retain 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 includes the assumption of all repair and shipping costs for defects that occur within 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 designated online order form. Redemption by telephone, mail, fax or e-mail 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 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 with a single order.

7.6 Cash payment of vouchers or voucher balances is not possible.

7.7 The voucher is transferable. The Seller may perform with discharge 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 gross negligent ignorance of the non-entitlement, lack of capacity to act or lack of authority 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 country 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 § 13 BGB have the option of conducting an online dispute resolution procedure in case of dispute via the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) with the involvement 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 requirement for accessing competent ordinary courts, but rather represents an alternative option for resolving differences that may arise in the context of a contractual relationship. 

9.3 Other national provisions for conducting dispute resolution procedures are not affected by the foregoing provisions in Section 9.1 and 9.2. 

We 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 yet operational. 
Our e-mail address is: info@feelgrounds.shop


10. Jurisdiction

If the Customer acts as a merchant, legal entity under public law or public law special property located 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 is located 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 Customer's professional or commercial activity. However, the Seller is in any case entitled to call upon the court at the Customer's place of business in the aforementioned cases.

Modification of Sales Terms: 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 force at the time the Customer places the order shall apply to the order, unless a change to these Terms and Conditions is required by law or by government order (in this 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, such 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 may 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. Then a customer can purchase or buy a product free of charge per order. These promotions are normally limited, which means it would not be fair to other customers if more items 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 prohibited by law. Our wine offering is therefore exclusively directed at adults. With your order, you assure us that the recipient of the goods is older than 18 years of age.