General Terms and Conditions for the Sale of Products from the ALPINA Shop
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our store between us and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our store does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the store by clicking on the "Send order" button, you are submitting a legally binding order. However, the order can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in their order. You are bound by the order for a period of two (2) weeks after placing the order; this does not affect your right to cancel your order in accordance with § 3.
(3) We will immediately confirm receipt of your order placed via our store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with section 1, you must bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following withdrawal policy shall apply to the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (ALPINA Burkard Bovensiepen GmbH + Co. KG, Alpenstrasse 35-37, D-86807 Buchloe) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You 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 their condition, properties and functionality.
- End of the withdrawal policy -
(4) The right of withdrawal does not apply to distance selling contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded.
§ 4 Prices and shipping costs
(1) All prices quoted in our store are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated under the corresponding tabs in our store. The price including VAT and shipping costs will also be displayed in the order form before you send the order.
(3) The goods are dispatched by post. Shipping within Germany is insured. If you wish insured shipping abroad, you must indicate this by selecting the appropriate shipping method. The resulting additional costs are indicated in the order form and are to be borne by you.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other consequences of revocation).
§ 5 Terms of payment and offsetting and right of retention
(1) You can pay the purchase price and shipping costs by credit card (VISA, MasterCard), PayPal or ApplePay.
(2) When paying via the IP InfinitePay payment methods "purchase on account", "direct debit", (depending on which payment methods are offered), the purchase price claim is assigned to Financial Management Solutions GmbH (under the IP InfinitePay brand), (hereinafter referred to as "IP InfinitePay"). The data required for payment processing will be transmitted to IP InfinitePay. The purpose of the data transfer is, among other things, to enable IP InfinitePay to carry out an identity and credit check to process your purchase with the payment method you have requested. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR from the legitimate interest in offering various payment methods and the legitimate interest in protection against payment default. You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on Article 6(1)(f) GDPR by notifying us. You can find IP InfinitePay's privacy policy here: https://www.fms-mainz.de/datenschutzhinweise. If you wish to receive information about the use of your personal data, you can contact datenschutz@fms-mainz.de at any time. The provision of the data is necessary for the conclusion of the contract with the payment method you have requested. Failure to provide the data means that the contract cannot be concluded with the payment method you have requested.
(3) Payment of the purchase price is due upon conclusion of the contract. You shall be in default no later than 30 days after the due date and receipt of the invoice - or, if receipt of the invoice is uncertain, no later than 30 days after the due date and receipt of the goods. In the event of default, if you have ordered as a consumer, you shall pay ALPINA default interest in the amount of 5 percentage points above the base interest rate. If you have ordered as an entrepreneur, you shall pay ALPINA default interest in the amount of 9 percentage points above the base interest rate in the event of default.
(4) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(5) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects shall be two years for purchases by a consumer and one year for purchases by an entrepreneur, in each case beginning with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
We hold the copyright to all images, films and texts published in our store. Use of the images, films and texts is not permitted without our express consent.
§ 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of ALPINA, Buchloe. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Dispute resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://ec.europa.eu/odr. We are not obliged to participate in arbitration proceedings before a consumer dispute resolution body and do not offer to participate in such proceedings.