General terms and conditions

 

 

1. General, customers, language

 

(1) All offers, sales contracts, deliveries and services based on orders from our customers via our online shop www.wildalps.com (hereinafter referred to as the “online shop”) are subject to these general terms and conditions.

 

(2) The product range in our online shop is aimed at consumers.

 

(a) For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity.

 

(b) For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.

 

(3) The customer's terms and conditions do not apply, even if we do not separately contradict their validity in individual cases, unless we expressly agree to them in writing.

Written individual agreements remain unaffected by the above regulation.

 

(4) The contracts with the customer are concluded exclusively in German or English. Depending on whether the customer submits the order via the German or English language side of the online shop. If the customer orders via our German website, only the German version of these general terms and conditions is relevant. If the order is placed on our English-language website, only the English version of these General Terms and Conditions is authoritative.

 

2. Protection of minors

 

Our offer is aimed exclusively at people who are over 18 years old.

Selling alcohol to minors is prohibited by law. It is therefore essential to state the age. With this you expressly declare that you are at least 18 years old.

 

We reserve the right to check your details using external databases or to have them checked using the Post-Ident procedure.

 

In addition, our logistics partners are required to only hand over our goods to adults.

 

3. Conclusion of contract and information obligations

 

(1) Our offers in the online shop are non-binding.

 

(2) By placing an order in the online shop, which requires prior registration, acceptance of these general terms and conditions and clicking the "Buy" button, the customer makes a binding offer to purchase the product in question or to purchase the contents of the shopping cart to want. The customer is bound by the offer until the end of the seventh working day following the day of the offer.

 

(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute an acceptance of the offer.

The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer, e.g. by email, or send the goods.

The contract is only concluded with our acceptance.

 

(4) The customer is obliged to provide truthful information when registering his data. If customer data relevant to us, such as name, address, email address and bank details change, the customer is obliged to notify us of this change immediately by changing the information in our online shop.

 

(5) If the customer provides false information about, for example, name, address, e-mail address or bank details, we can withdraw from the contract if a contract has been concluded. The resignation will be made in writing. The written form is also preserved by sending an email.

 

(6) Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation policy that is communicated to him as part of the order on our website and to return the goods.

 

(7) The contract text is saved by us and is available to the customer in a print version after the purchase contract has been concluded.

 

4. Prices and Payments

 

(1) Our prices include the statutory sales tax, but not the shipping costs. Any customs duties for shipping to a third country and similar charges must be borne by the customer.

 

(2) Unless otherwise expressly agreed, we only deliver against prepayment (in the manner specified on the order form).

 

(3) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

 

5. Dispatch of the goods

 

(1) Unless otherwise stated when the customer submits the offer in the online shop, our delivery time is 1 to 3 working days from receipt of payment for the respective order.

 

(2) The deadline for determining the shipping date begins with delivery against prepayment on the day of receipt of the full purchase price (including sales tax and shipping costs).

 

(3) If the goods cannot be delivered or cannot be delivered on time, we will notify the customer of this immediately. If the goods are not available from our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for the payments made to us. The statutory rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only demand compensation in accordance with the special provisions of Section 9 of these General Terms and Conditions.

 

(4) We are entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs caused by this.

 

6. Shipping, insurance and transfer of risk

 

(1) Unless otherwise expressly agreed, we will determine the appropriate mode of dispatch and the transport company at our discretion.

 

(2) If the customer is an entrepreneur, we only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified in the online shop is therefore non-binding. Otherwise, Section 474 (2) sentence 2 BGB remains unaffected.

 

(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred to the customer when the goods are delivered to the transport company.

 

(4) We will insure the goods against the usual transport risks at our expense.

 

7. Retention of Title

 

(1) We reserve the title to the goods delivered by us until the purchase price (including sales tax and shipping costs) has been paid in full for the goods in question.

 

(2) The customer is not entitled to resell the goods delivered by us that are subject to retention of title without our prior written consent.

 

(3) In the event of a possible resale, the customer hereby assigns the claims from the resale up to the amount of the purchase price to be paid to us, regardless of whether the contractual product has been resold without or after processing. We hereby authorize the customer to collect the claims assigned in this way in the normal course of business, whereby we can revoke this authorization at any time in the event of default in payment by the customer.

 

(4) The processing or transformation of the contractual product by the customer is always carried out for us. In this case, the expectant right of the buyer to the converted item continues.

If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to us and keeps the resulting sole or co-ownership for us.

 

(5) We already accept the assignment.

 

(6) If the customer is a merchant within the meaning of the German Commercial Code, we reserve ownership of the delivery item until all payments from the entire business relationship with the customer have been received. (Current account reservation)

 

(7) We undertake to release the securities to which we are entitled at the request of the buyer, insofar as their value exceeds the claim to be secured by more than 20%.

 

8. Warranty

 

There are statutory warranty rights for all goods from our shop.

 

9. Liability

 

(1) Our liability for negligence (with the exception of gross negligence) is limited to an amount of 10% of the respective purchase price (including sales tax) in the event of a delay in delivery.

 

(2) We are not liable (for whatever legal reason) for damage that is typically not to be expected depending on the type of order and the goods and with normal use of the goods.

 

(3) The above limitations of liability do not apply in the event of willful intent or gross negligence.

 

(4) The restrictions of this section 9 do not apply to our liability for guaranteed characteristics within the meaning of § 444 BGB, due to injury to life, body or health or according to the product liability law.

 

 

 

10. Cancellation policy

 

 

(1) Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (The Wild Alps GmbH, Hauptstrasse 25, 9436 Balgach, office@wildalps.com) of your decision by means of a clear declaration (e.g. a letter sent by post or an e-mail) to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

Revocation form (PDF file)

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

 

 

 

(2) Consequences of cancellation

 

If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to our warehouse The Wild Alps GmbH, Hauptstrasse 25, 9436 Balgach, immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the 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 to check the nature, properties and functionality of the goods.

 

 

End of revocation

 

 

 

11. Data protection

 

The data protection provisions are contained in the data protection declaration.

 

12. Property Rights

 

(1) The customer is solely responsible for the content of the transmitted image files. With the order, the customer assures us that no copyrights, trademarks or other property rights of third parties will be violated by the proper order processing. All consequences resulting from a possible violation of these rights are borne solely by the customer.

 

(2) The image data transmitted by the customer will be deleted by us after completion of the order. Image data archived at the customer's request is excluded.

 

13. Applicable law and place of jurisdiction

 

(1) The sales contract between us and the customer is subject to mandatory international private law provisions of Swiss law to the exclusion of the UN Sales Convention.

 

(2) If the customer is a merchant within the meaning of the law, a legal entity under public law or a special fund under public law, the courts at our place of business are exclusively responsible for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer can bring an action before any court competent based on statutory provisions.

©THE WILD ALPS 2020