General Terms and Conditions
of „Alpentrade GmbH“ — version 1 February 2020
This English text is a translation of the German original provided for your convenience. In the event of any discrepancy, the German version applies:Allgemeine Geschäftsbedingungen.
1. Scope of these Terms
These General Terms and Conditions (GTC) govern the mutual rights and obligations betweenAlpentrade GmbH, FN 530339k, Bucklreuthstraße 3a, 5020 Salzburg, and the customers of Alpentrade GmbH, and apply unless deviating agreements are made in writing. Verbal agreements require written confirmation by Alpentrade GmbH in order to become legally effective. This written form requirement may only be waived by way of a written agreement.
Alpentrade GmbH declares that it intends to contract exclusively on the basis of these GTC. These General Terms and Conditions are deemed accepted upon placement of the order by the customer.
These General Terms and Conditions may be amended at any time. The version applicable in each case is the one in force at the time the customer's order is received by Alpentrade GmbH.
The customer's own general terms and conditions shall apply — even if known to Alpentrade GmbH — only ifAlpentrade GmbH has expressly and, except towards consumers, in writing submitted to them. In the event of conflicting terms and conditions of the customer and of Alpentrade GmbH, the GTC of Alpentrade GmbH shall prevail.
The GTC of Alpentrade GmbH also apply to future transactions between the contracting parties, even if no further reference is made to them upon conclusion of a future contract.
2. Formation of the Contract
2.1. All offers and information relating to offers on the website are at all times subject to change and non-binding with regard to the provision and availability of the goods. Typographical and printing errors cannot be excluded. The language of orders, contracts and business is German or English. The presentation of products on the website of Alpentrade GmbH constitutes merely an invitation to the customer to submit a contractual offer.
2.2. By submitting an order (by completing and sending the online order form, by sending an e-mail, by sending an order card by fax, by post, or by placing an order by telephone), the customer submits an offer. The customer receives confirmation of receipt of the order by e-mail. Where applicable, we will separately notify the customer of any possible errors in the details of the product range on the website and submit a corresponding counter-offer. The contract is formed only upon confirmation or execution of the order by Alpentrade GmbH.
3. Prices and Terms of Payment
3.1. The list prices and conditions published on the website of Alpentrade GmbH at the time of the order shall apply. Payments must be made within 14 days of receipt of the goods.
3.2. All prices stated are in EURO or in the currency indicated and include the statutory value added tax, unless expressly stated otherwise. Shipping is charged at the stated shipping rates.
3.3. For deliveries we accept payment by credit card and by bank transfer in advance.
Payment by invoice is possible only for existing business customers. Alpentrade GmbH expressly reserves the right to grant existing customers the option of paying by invoice.
Payments by advance payment / bank transfer are to be made to the following account, quoting the invoice number and payment reference:
Account holder: Alpentrade GmbH
Bank: Salzburger Sparkasse Bank AG
SWIFT: SBGSAT2SXXX
IBAN: AT50 2040 4000 4252 6673
3.4. In the event of late payment — irrespective of any fault on the part of the customer — Alpentrade GmbH is entitled to charge default interest at a rate of 8 % p.a. above the base rate.
3.5. In the event of default, the customer undertakes to reimburse Alpentrade GmbH for all debt collection costs. Where Alpentrade GmbH conducts the dunning process itself, the customer undertakes to pay at least an amount of € 50.00 per reminder issued.
3.6. The goods remain the property of Alpentrade GmbH until all claims of Alpentrade GmbHagainst the customer in connection with the respective order have been settled in full. Asserting the retention of title constitutes a withdrawal from the contract only if such withdrawal is expressly declared.
4. Dispatch and Delivery
4.1. The goods are dispatched to the customer by a parcel service provider or by Austrian Post as a parcel or letter. Delivery is made with effect against the customer to the customer personally, to the persons named by the customer in the order, or to persons living in the same household as the customer, unless expressly excluded by the customer in the order. If delivery is not possible for reasons attributable to the customer, the customer shall bear the costs of a further delivery attempt.
4.2. The customer expressly consents to the risk of accidental loss of and accidental deterioration of the ordered goods passing to the customer upon dispatch.
4.3. Alpentrade GmbH endeavours, on a non-binding basis, to deliver the ordered goods within 2 working days of confirmation of the offer. The delivery date is, however, not an essential element of the contract, and Alpentrade GmbH accepts no liability for compliance with delivery periods.
4.4. Should delivery of the goods fail for reasons not attributable to Alpentrade GmbH,Alpentrade GmbH is entitled to withdraw from the order. No right to damages against Alpentrade GmbH arises for the customer as a result. In such a case, however, the customer will be informed of the lack of availability and any payment already made will be refunded without delay.
4.5. Where goods cannot be delivered due to unforeseeable demand, the customer has no claim to delivery or subsequent delivery.
5. Subscription
Should a contract be entered into not only for individual deliveries but for repeated deliveries, the following provisions shall apply in addition:
5.1. A fixed-term contract for several consecutive deliveries is automatically deemed extended by the original contract term unless terminated in writing no later than 2 weeks before expiry of the contractual commitment. In the case of consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), written notice will be given before the start of the agreed notice period drawing attention to the need to give notice of termination in order to avoid an extension of the contract.
5.2. If a fixed-term contract is terminated by the customer before the end of its term, the products already delivered will be invoiced at their respective individual retail price plus a processing fee of € 70.00. Any resulting difference will then be refunded to the customer byAlpentrade GmbH following final review of the termination of the contract.
6. Right of Withdrawal and Returns
Information for consumers in the case of distance contracts and customer information in the case of contracts concluded by electronic means
In accordance with statutory provisions, Alpentrade GmbH grants consumers a right of withdrawal. The consumer may return all items without giving reasons within 14 days of receipt by returning them at the consumer's own risk. To comply with the deadline, it is sufficient for the consumer to notifyAlpentrade GmbH of the wish to return the goods no later than 14 days after receipt of the goods by telephone, fax, letter or e-mail.
The right of withdrawal does not apply, however (pursuant to § 18 para 1 no 5, no 6, no 8 of the Austrian Distance and Off-Premises Contracts Act, FAGG), to sealed goods which are not suitable for return for reasons of health protection or hygiene, where the seal has been removed.
The withdrawal must be addressed in text form to:
Alpentrade GmbH
Bucklreuthstraße 3a
A-5020 Salzburg
Phone: +43 662 434300
E-mail: office@alpentrade.com
The goods must likewise be returned to the above address.
The period begins at the earliest upon receipt of the goods and of this notice; timely dispatch is sufficient to comply with the deadline.
If the goods are not returned, are returned only in part, or are returned in a deteriorated condition, compensation for the value must be paid to Alpentrade GmbH in respect of the damage thereby incurred by Alpentrade GmbH. In the case of goods supplied, this does not apply where the deterioration of the item is attributable exclusively to its inspection — as would have been possible for the customer in a retail shop, for example.
When exercising the right of withdrawal, the consumer is obliged to return the goods if they can be sent by parcel. For an order value of up to 50 euros, the consumer shall bear the costs of return, unless the goods delivered do not correspond to those ordered. For an order value exceeding 50 euros, the consumer shall not bear the costs of return.
The consumer must pay compensation for any deterioration resulting from use of the goods as intended, insofar as such use goes beyond mere inspection. The consumer may examine the goods carefully and diligently. The consumer shall bear the loss in value which, as a result of use going beyond mere inspection, means that the goods can no longer be sold as „new“.
7. Warranty
7.1. The warranty is governed by the statutory provisions.
7.2. No claims for damages whatsoever arise against Alpentrade GmbH on the basis of a defect, unless the cause of the damage is based on intent or gross negligence.
8. Exclusion of Liability
8.1. All verbal and written statements and information regarding possible applications, characteristics and effectiveness of the products serve solely for general information and are non-binding. Alpentrade GmbH expressly points out that the information in question does not under any circumstances replace an examination by a physician. Alpentrade GmbH accepts no warranty whatsoever for the accuracy, completeness and currency of the information and statements in question.
8.2. Alpentrade GmbH accepts no liability whatsoever for damage of any kind arising directly or indirectly from the use of the products in question. Alpentrade GmbH furthermore accepts no liability whatsoever for the effectiveness of the products in question.
8.3. The statutory provisions of the Austrian Product Liability Act remain unaffected hereby.
9. Age Restriction
9.1. By placing an order, the customer expressly declares that they have completed their 19th year of age.
9.2. Alpentrade GmbH expressly declares that it accepts no liability whatsoever for contracts which are in breach of point 9.1.
10. Data Protection
10.1. Data processing is carried out in accordance with the statutory provisions. Customer data is processed solely for the purpose of performing the contract within the scope of the business relationship.
10.2. Alpentrade GmbH reserves the right to further types of data processing insofar as these are permitted by law and are necessary for handling matters within the scope of the business relationship, whereby vicarious agents attributable to Alpentrade GmbH are also obliged to comply with data protection.
11. Assignment of Claims
Claims against Alpentrade GmbH may not be assigned to third parties in the absence of express consent.
12. Formal Requirements
Amendments and additions to these GTC and to other elements of the contract, ancillary agreements etc. require written form. There are no verbal ancillary agreements.
13. Choice of Law
Unless excluded by law, the statutory provisions applicable between undertakings shall apply. This provision does not apply to consumer transactions. Austrian law applies.
14. Place of Jurisdiction
Where the transaction is not a consumer transaction, the court having subject-matter jurisdiction at the registered office of Alpentrade GmbH shall have local jurisdiction to decide all disputes arising from the contract.
For all actions brought against a consumer who has their domicile, habitual residence or place of employment in Austria in respect of disputes arising from this contract, jurisdiction lies with one of those courts in whose district the consumer has their domicile, habitual residence or place of employment.
15. Communications by the Customer
All communications and declarations by a customer relating to this contractual relationship must be made in writing.
16. Changes of Address and Service of Documents
The customer must notify Alpentrade GmbH in writing without delay of any changes to their name or address. If no notification of change is given, documents shall be deemed to have reached the customer if they were sent to the address last notified by the customer.
Electronic declarations shall be deemed received if they were sent to the e-mail address last notified by the customer; in the case of consumers, they shall be deemed served only once the consumer is able to retrieve them under ordinary circumstances.
17. Severability Clause
The possible invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions. The invalid provision shall be replaced — except towards consumers — by a valid provision which comes economically closest to the invalid provision in terms of its meaning and purpose.