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Valid from 10/2021
1 Scope of the GTC
1.1 These General Terms and Conditions (GTC) govern the mutual rights and obligations between us as the seller and you as the buyer and apply to all purchase contracts concluded via our online shops. The sale and the entire (contractual) processing shall take place exclusively on the basis of these GTC in the version valid at the time of the order.
1.2 The operator of the online shop and seller of the products and goods presented is Alpin Family GmbH, Sigmund-Thun-Straße 26, 5710 Kaprun. Any contractual relationship shall be concluded with this company.
1.3 By submitting an order, you as the buyer expressly agree to the application of these GTC to your order. Verbal collateral agreements are not valid. All agreements, subsidiary agreements or assurances must be recorded in writing or expressly confirmed in writing by an authorised representative of Toferer Textil GmbH.
2 Industrial property rights and copyright
2.1 All illustrations, sketches, drawings, visualisations, design drafts, laboratory colourings (LabTip), samples or other documents produced by us, in particular also the know-how disclosed, shall remain our exclusive property, as shall catalogues, brochures, illustrations and the like, and shall be protected by copyright without restriction. We are exclusively entitled to all exploitation rights even after transfer to you as the purchaser. Reproduction (in any form whatsoever) or transfer of the documents to third parties is not permitted without our prior written consent. If no contract is concluded, you must return the originals of any documents provided and destroy or permanently delete all (electronic) copies.
2.2 If and insofar as you design products yourself, you as the purchaser must ensure that the logos, graphics or other documents used by you can be used by us for the execution of the order and that no third-party property rights are infringed thereby – in particular also by the form and appearance of the ordered product. You shall fully indemnify and hold us harmless against all claims and/or demands asserted by third parties as a result of an (alleged) infringement of industrial property rights, in particular copyrights or trademark rights.
3 Conclusion of contract
3.1 The products and goods presented in our online shop merely constitute an invitation to you to make a binding offer by submitting an order to us.
3.2 Only orders from customers with residence or habitual abode within the European Union will be accepted. The contractual, ordering and business language is German or English.
3.3 Orders can only be placed by filling in and sending the online form in the online shop.
3.4 By clicking the button “order subject to payment” in the webshop, you declare to place a binding order for the goods listed in the “shopping cart”. Your order constitutes a binding offer to us to enter into a purchase contract with you concerning the goods ordered by you in accordance with these terms and conditions. Your offer will become effective as soon as we have received your order. You will be bound by your offer to us for a period of 21 days from receipt of your order. We are under no obligation to accept your offer.
3.5 Upon receipt of your order, you will receive an automated acknowledgement of receipt, which does not constitute acceptance of your order.
3.6 The purchase contract will only be concluded when we send you an order confirmation to the e-mail address you have provided. If you do not receive this order confirmation – for example, because you have not provided a (valid) e-mail address – the purchase contract is concluded with the execution of your order – i.e. with the handover of the ordered goods to the carrier or our shipping partner.
3.7 In the event that we are unable to accept your offer, for example because an item is not (or is no longer) available, we will contact you immediately and inform you of this circumstance.
4 Delivery and transfer of risk
4.1 All information on availability, delivery time or delivery in the online shop are merely non-binding guidelines. Under no circumstances do such details represent binding or guaranteed delivery dates. Fixed dates must be expressly and separately agreed with us in writing in advance.
4.2 Delivery will be made as soon as possible. If you have chosen payment by credit card or SEPA direct debit, delivery will be made at the latest within 30 days of the conclusion of the purchase contract in accordance with point 3.6 of these GTC. Delivery will only be made to addresses in the European Union that are capable of delivery.
4.3 In the case of orders for several products and goods, the entire order will only be dispatched in one consignment once all products and goods are available. Notwithstanding the foregoing, partial deliveries are also permissible unless you are clearly not interested in them or they are clearly unreasonable for you. In the case of partial deliveries, the shipping costs will only be charged once.
4.4 The delivery of the products and goods, with regard to which the purchase contract has been legally concluded in accordance with point 3.6, shall take place on weekdays during normal business hours to the delivery address provided by you. All costs incurred by us as a result of incorrect or incompletely communicated delivery addresses shall be borne by you as the buyer.
4.5 In the event that we are in default of delivery and are responsible for this, you may withdraw from the contract by setting a grace period of at least 4 weeks. In this case, liability for damages beyond this is limited in accordance with point 10.
4.6 The delivery of the products and goods in respect of which the purchase contract has been legally concluded in accordance with clause 3.6 shall be carried out by a delivery service which we shall select at our best discretion. By placing your order, you expressly agree to the shipment by this carrier.
4.7 The risk of accidental deterioration or accidental loss of the goods ordered by you shall be borne by you from the time the goods ordered by you are handed over to you or to a third party named by you who is not the carrier.
5 Prices and shipping costs
All prices are final prices in Euro (EUR or €) and include the applicable statutory VAT. The prices quoted include the shipping costs and any additional fees or charges are not included. These additional charges will be brought to your attention during the ordering process before you complete your order, so that you can cancel the order process if you do not agree with these additional charges. The prices valid at the time of ordering are always decisive.
6 Terms of payment and retention of title
6.1 The purchase price together with the ancillary costs is due for payment immediately after the conclusion of the purchase contract.
6.2 You have the option of paying for your ordered goods by credit card, SEPA direct debit or, if you do not conclude the purchase contract as a consumer, by separate invoice. If you pay by credit card or SEPA direct debit, your credit card or account will be debited when the goods are dispatched. In the case of purchase on account, the final invoice amount must be paid within 30 days of the invoice date (due date) without deduction by bank transfer to our account, whereby the final invoice amount must be credited in full, irrevocably and at our free disposal to our account for unrestricted disposal on the due date.
6.3 Regardless of which method of payment you choose, deductions – for example, fees incurred as a result of settlement through international banks – will not be accepted. You are liable for ensuring that the final invoice amount to be paid is fully, irrevocably and finally at our free disposal.
6.4 All products and goods are delivered subject to retention of title and thus remain the property of Alpin Family Gmbh, Sigmund-Thun-Straße 26, 5710 Kaprun, until full, irrevocable payment has been made. Prior to the transfer of ownership, resale, pledging, transfer by way of security or other disposal is not permitted without our express written consent.
Insofar as you resell the goods subject to retention of title in breach of contract, you shall assign to us your claims arising from the resale with all ancillary rights from the resale of the goods subject to retention of title, even if they have been processed, transformed or mixed, upon conclusion of the sale transaction; insofar as you are an entrepreneur, you undertake to make a corresponding note in your books or invoices. At our request, you shall disclose the assigned claim together with its debtor and provide us with all information and documents required for the collection of the claim and notify the third-party debtor of the assignment. In the event of seizure or other claims, you are obliged to draw attention to our right of ownership and to notify us immediately.
7 Right of cancellation, cancellation period, consequences of cancellation and exclusion of the right of cancellation for consumers within the meaning of § 1 of the Consumer Protection Act (Konsumentenschutzgesetz)
7.1 If you have concluded the purchase contract as a consumer within the meaning of § 1 of the Consumer Protection Act, you have the right to withdraw from the purchase contract with us (Alpin Family Gmbh, Sigmund-Thun-Straße 26, 5710 Kaprun) within 14 (fourteen) days without stating any reasons and to revoke it. The 14-day withdrawal period only begins on the day on which you or a third party named by you, who is not the carrier, have come into possession of the goods (delivery of the goods to you or the third party named by you, who is not the carrier). If we make partial deliveries, the withdrawal period shall only begin on the day on which you or a third party named by you, who is not the carrier, have come into possession of the last goods delivered or the last partial consignment or the last piece.
7.2 In order to exercise your right of withdrawal (right of cancellation), you must inform us (the Alpin Family Gmbh, Sigmund-Thun-Straße 26, 5710 Kaprun by means of a clear declaration (e.g. a letter sent by post or by e-mail at firstname.lastname@example.org) of your decision to withdraw from the purchase contract with us and to revoke it. For this purpose, you can use the form provided by us on www.alpsters.com and marked as Important: If you have expressly opted for a type of delivery other than the cheapest standard delivery offered by us, you shall not be entitled to reimbursement of the additional costs incurred by you.
7.5 You must return or hand over the goods to us without delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal (cancellation) of the purchase contract concluded with us. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. 8.
8 Transport damages
8.1 If goods are delivered to you with obvious damage to the packaging, you are obliged to complain about this immediately to the carrier and to inform us of this.
8.2 Your claims under the statutory warranty shall remain unaffected by the fulfilment of these obligations if you have concluded the purchase contract as a consumer within the meaning of § 1 of the Consumer Protection Act.
9.1 The contractually owed quality of the products and goods, with regard to which the purchase contract is concluded, results from the descriptions, which can be taken from the respective product pages. Please note, however, that the colour and specific design on the respective product image may differ from the actual product.
9.2 If you have concluded the purchase contract as a consumer within the meaning of § 1 of the Consumer Protection Act, the following shall apply:
The general statutory warranty rules apply. Alpin Family Gmbh, Sigmund-Thun-Straße 26, 5710 Kaprun, as seller of the products and goods, therefore warrants to you by law that the products and goods sold are free from any defects and comply with the contract at the time of transfer of risk, thus in accordance with point 4.7 of these GTC at the time of transfer of the goods to you as buyer or to a third party named by you who is not the carrier. The warranty period is 2 years from the transfer of risk.
9.3 In deviation from this, the following is agreed exclusively for business transactions with entrepreneurs:
The warranty period shall be limited to one year. The warranty period shall commence at the time of the transfer of risk in accordance with clause 4.7 of these GTC, whereby you must inspect the products and goods for completeness, correctness and freedom from defects immediately upon receipt. Any defects must be reported in writing to Alpin Family Gmbh, Sigmund-Thun-Straße 26, 5710 Kaprun, stating the exact details and description of the alleged defects, including photos, without delay, at the latest within 3 days of receipt (obligation to inspect and report defects). If you do not comply with this obligation or do not comply with it in due time, there is no claim to warranty, compensation due to the defect itself or avoidance of the contract due to error about the defect-free nature of the item.
After (timely) written notification of the defect and receipt of the notice of defect, we shall examine the defect to determine whether it is justified.
If the defect complained about is to be acknowledged on the merits, you will be informed of this and we will at the same time inform you whether the defect will be remedied by replacement or improvement at our discretion. In the event of a timely notification of defects, payments may only be retained by you to such an extent as corresponds to the extent or the relationship to the defects that have occurred/are claimed.
9.4 In the case of both consumers and entrepreneurs, there is in any case no case of warranty for damage that is either due to wear and tear, unauthorised changes, the influence of third parties, improper use or treatment of the item, overuse, overvoltage or chemical influences. The same applies to normal wear and tear. In these cases, any warranty is excluded.
10 Exclusion or limitation of liability
10.1 Any contractual or non-contractual liability on our part shall only exist insofar as we or a vicarious agent employed by us have caused the damage intentionally or through gross negligence and shall thus be excluded in the case of slightly negligent conduct. This limitation of liability shall also apply in particular to such damages which represent loss of profit, indirect damages or consequential damages or which have arisen as a result of a delay in delivery for which we are responsible. This shall not affect our liability for personal injury; in this case the aforementioned limitation of liability shall not apply and we shall be liable for any culpable cause.
If you are an entrepreneur, the burden of proof for the existence of gross negligence lies with you. If you are an entrepreneur, the period for asserting claims for damages is also limited to one year from the transfer of risk in accordance with section 4.7 of these GTC.
10.2 Liability for breaches of our contractual obligations due to events of force majeure or other circumstances beyond our control (for example strikes, epidemics, etc.) is excluded.
10.3 Insofar as liability is excluded or limited, this shall also apply to the liability of our employees and vicarious agents.
10.4 Liability towards consumers under the Product Liability Act shall remain unaffected by the aforementioned limitations of liability.
11 Offsetting prohibition
You are not entitled to set off your own claims against our claims unless
we are insolvent; oryour claims have been legally established by a court of law;
or your claims have been expressly recognised by us in writing.
12 Applicable law, place of jurisdiction and place of performance
12.1 These General Terms and Conditions as well as all sales contracts concluded in accordance with these General Terms and Conditions shall be governed exclusively by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 For all disputes arising from or in connection with these GTC and the purchase contracts concluded in accordance with these GTC, it is agreed that the court with subject-matter jurisdiction for the city of Salzburg shall have exclusive jurisdiction. We reserve the right to bring an action before the court having jurisdiction for your place of residence. In all other respects, § 14 of the Consumer Protection Act (KSchG) shall apply to consumers.
12.3 The place of performance for all orders is the company headquarters in 5710 Kaprun.
13 Other provisions
13.1 If any provision in these GTC or the purchase agreements concluded in accordance with these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.
13.2 There are no verbal collateral agreements. Supplements, collateral agreements or amendments shall only be effective if they have been made in writing.
This shall also apply to any waiver of the written form requirement.
14 Online Dispute Resolution pursuant to Art. 14 (1) ODRVO
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.