Terms and Conditions
General Terms and Conditions for the Sale of Products from the ALPINA Lifestyle Shop
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as: GTC) shall apply to all contracts concluded via our lifestyle shop between us and you as our customer. The GTC shall apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase agreement shall arise, in particular, from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the agreement is concluded shall be decisive.
(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 agreements
(1) The presentation and advertising of articles in our lifestyle shop shall not constitute a binding offer to conclude a purchase agreement.
(2) By sending an order via the online shop by clicking on the "Send order" button you are placing a legally binding order. However, the offer can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his offer. You shall be bound to the order for a period of two (2) weeks after placing the order; this shall not affect your right, if any, to revoke your order pursuant to § 3.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email shall not yet constitute a binding acceptance of the order, unless it also contains a declaration of acceptance in addition to the confirmation of receipt.
(4) A contract shall only be concluded if we accept your order by a declaration of acceptance or by the delivery of the ordered items.
(5) Should the delivery of the goods ordered by you not be possible, for example because the relevant goods are not in stock, we refrain from issuing a declaration of acceptance. In that case, no agreement is concluded. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the applicable statutory provisions.
(2) If you as a consumer exercise your right of withdrawal in accordance with Clause 1, you have to bear the regular costs of the returning of the goods.
(3) In all other respects, the right of withdrawal shall be governed by the provisions set out in detail in the following
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.
The withdrawal period will expire fourteen days from the date on which you or a third party designated by you other than the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (ALPINA Burkard Bovensiepen GmbH + Co. KG, Alpenstrasse 35-37, D-86807 Buchloe) of your decision to withdraw from this agreement by a clear statement (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the enclosed Sample Withdrawal Form, which, however, is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the extra costs resulting from your choice of a type of delivery other than the lowest-price type of standard de-livery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive the communication concerning your withdrawal from this agreement. We will carry out such reimbursement using the same means of pay-ment as was used by you for the initial transaction, unless we have expressly agreed with you otherwise; in any event, you will not incur any fees as a result of such reim-bursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You have to send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your with-drawal from this agreement to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of the instruction on withdrawal -
(4) The right of withdrawal shall not apply to distance contracts for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or perish quickly or the expiration date of which would be exceeded.
§ 4 Prices and shipping costs
(1) All prices quoted in our lifestyle shop are gross prices including statutory VAT and do not include any shipping costs that apply.
(2) The shipping costs are indicated under the relevant tabs in our lifestyle shop. The price including sales tax and shipping costs is also displayed in the order form before you send the order.
(3) The dispatch of the goods takes place by mail dispatch. Within Germany the dispatch is insured. If you wish to have insured shipping abroad, you must specify this by selecting the appropriate shipping method. The additional costs resulting from this are indicated in the order form and have to be borne by you.
(4) If you effectively withdraw from your contractual declaration in accordance with § 3, you may, subject to the applicable statutory requirements, demand reimbursement of costs already paid for shipment to you (costs of sending) (with regard to other effects of the withdrawal cf. § 3 para. 3).
§ 5 Terms of payment, offsetting and right of retention
(1) You can pay the purchase price and the shipping costs by instant bank transfer, by credit card by Maestro payment procedure (with check number) or by prepayment.
(2) Payment of the purchase price is due upon conclusion of the agreement. You shall be in default of payment at the latest 30 days after due date and receipt of invoice or, if receipt of invoice is uncertain, at the latest 30 days after due date and receipt of goods. In the event of default, if you have ordered as a consumer, you must pay ALPINA default interest at the rate of 5 percentage points above the base interest rate. If you have ordered as an entrepreneur, you must pay ALPINA default interest in the amount of 9 percentage points above the base interest rate in the event of default.
(3) You shall not be entitled to offset our claims unless your counterclaims have been asserted in a legally binding manner or are undisputed. You are entitled to offset against our claims also if you make a notice of defects or assert counterclaims based on the same purchase agreement.
(4) As a purchaser you may only exercise a right of retention if your counterclaim arises from the same purchase agreement.
§ 6 Retention of title
We shall retain title to the goods delivered until complete payment of the purchase price has been made.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered articles in accord-ance with the applicable statutory provisions, in particular §§ 434 et seqq. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years in the case of a purchase by a consumer and one year in the case of a purchase by an entrepreneur, beginning in each case with the delivery of the goods.
(2) Any seller's guarantees given by us for certain articles or manufacturer's guarantees granted by the manufacturers of certain articles shall apply in addition to claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees shall be derived from the guarantee conditions which may accompany the articles.
§ 8 Liability
(1) We shall be liable to you for intent and gross negligence in all cases of contractual and non-contractual liability in accordance with the applicable statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation the performance of which is essential for the proper execution of the agreement and on the fulfilment of which you as the customer are regularly entitled to rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability shall be excluded, subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the German Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
We have copyrights in all pictures, films and texts published in our online shop. Use of these pictures, films and texts is not permitted without our express consent.
§ 10 Applicable law and place of jurisdiction
(1) The agreement shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Sales Convention. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, 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 are domiciled in Germany at the time of ordering, the exclu-sive place of jurisdiction shall be the registered office of ALPINA, Buchloe. In all other re-spects, the relevant statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has established an Internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court resolution of disputes regarding contractual obligations arising from online purchase agreements. 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 mediation body.
§ 11 Online resolution of disputes
Information regarding online dispute resolution: The European Commission has developed an internet platform for the online resolution of disputes. This internet platform acts as a point of central contact for the extrajudicial mediation of disputes relating to contractual obligations arising from online contracts of sales. Customers can reach this platform via the following link: https://ec.europa.eu/odr.