Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming Promotional Coupons
10. Redeeming Gift Certificates
11. Applicable Law
12. Jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of alps ecom GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.

1.3 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an order is placed via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller will not make the text of the contract available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language options are displayed in the online store.

2.9 Order processing generally takes place automatically via email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the Seller’s online store.

4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller advances payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed-upon payment period or in the agreed-upon payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the merchandise, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.6 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The specific payment methods offered via Shopify Payments are communicated to the customer in the Seller’s online store. To process payments, Shopify may use additional payment services, which may be subject to specific payment terms and conditions that will be separately communicated to the customer, if applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the shipping address provided by the customer, unless otherwise agreed. The shipping address specified in the seller’s order processing system is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s notice of withdrawal regarding return shipping costs shall apply.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to rescind the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the purchase price will be refunded without delay.

5.5 Pickup by the customer is not possible for logistical reasons.

5.6 Gift certificates are provided to the customer as follows:

• by email
• by mail

6) Retention of Title

If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for claims arising from defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened periods set forth above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use in a structure and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal basis

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the customer is a consumer residing in Germany or a business, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation pursuant to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded, unless the Seller bears unlimited liability in accordance with the preceding paragraph.

8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Coupons

9.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Coupons”) may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.

9.3 Promotional coupons can only be redeemed before the order process is completed. Subsequent application of the discount is not possible.

9.4 Only one promotional coupon may be redeemed per order.

9.5 If the promotional voucher specifies a fixed value rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

9.6 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.8 The promotional gift card will not be refunded if the customer returns goods paid for in whole or in part with the promotional gift card under their statutory right of withdrawal.

9.9 The promotional gift card is intended solely for use by the person named on it. Transfer of the promotional gift card to third parties is prohibited. The seller is entitled, but not obligated, to verify the legitimate entitlement of the respective gift card holder.

10) Redemption of Gift Certificates

10.1 Gift certificates can only be redeemed before the order process is completed. Subsequent application of the credit is not possible.

10.2 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.3 The balance of a gift certificate will neither be paid out in cash nor accrue interest.

10.4 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller is aware of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13) Alternative Dispute Resolution

The Seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board but is willing to do so.