Our General Terms and Conditions / Cancellation Policy / Legal Notice

1. Conclusion of Contract and Subject-Matter of Contract

1.1 Our deliveries, services and offers are subject to these terms and conditions. You have the options to conclude your purchase contract in German or in English.

1.2 The display of the products in this online-shop does not imply a legally binding offer, but shall be considered as a non-binding online brochure. A binding order can be placed by phone, email, fax or post. The confirmation about the receipt of your order will be sent together with the acceptance of your order by automated email immediately after placing your order. The contract is concluded with this email confirmation.

2. Prices

The price to be paid by the customer is determined according to the web shop prices on the homepage www.alpidex.com. The price stated is the total amount including the legal VAT. The prices of furniture and furnishings, which require assembling, do not include the assembly. An assembly until ready for use is possible, however, this requires a separate assembly agreement which must be concluded. A quotation for the assembly will be provided upon request. Shipping charges will be billed in addition to the purchasing price. The amount of shipping charges can be viewed on the shipping page of our homepage.

3. Payment, Delivery and Default of Payment

The goods are sent against prepayment by insured delivery only. Our bank account details are sent to the customer by email after conclusion of contract. As soon as the amount invoiced has been credited on the communicated account, we will prompt the delivery of the purchased items. The customer will be informed by email about the payment received and the transfer to our delivery company. Additionally we offer cash on delivery, which means that the amount invoiced will be collected in cash upon delivery by the assigned delivery company.

In case of payment made by direct debit the amount payable will be deducted by us from the bank account communicated by the customer. In case of cancellation of the payment made by direct debit or insufficient bank account balance, a bank fee for return debit notes (currently 10.00 EUR) plus an additional fee for internally generated expenses, but at least a total sum of 20.00 EUR will be charged to the customer. Irrespective of the latter, we have the right to cancel the purchase contract.

Credit card payment is accepted via VISA and MasterCard. The credit card communicated by the customer will be charged with conclusion of contract. The payment is processed via a SSL-secured connection. In case of cancellation or insufficient bank account balance, a bank fee for return debit notes (currently 35.00 EUR) plus and additional fee for internally generated expenses, but at least a total sum of 60.00 EUR will be charged to the customer. Irrespective of the latter, we have the right to cancel the purchase contract.

Furthermore we accept the customer’s payment by the following payment services: PayPalExpress, Giropay, SOFORT Überweisung, Skrill, eWallet, and cash upon collection. The handling of payments is determined by the terms of the payment service. The delivery will be prompted after the payment amount has been credited by the relevant payment service, respectively after the payment service has declared the bank transfer to our account.

By payment via Klarna, a standardised fee of 0.35 EUR and additionally 1.5 % of the turnover will be charged. Failure to pay will result in a dunning charge of 5.00 EUR as well as interest for default according to section 288 German Civil Code. In case the customer’s creditworthiness is not warranted, Klarna AB has the right to refuse the payment method “Payment on Account” and has to advise of alternative payment methods.

If the buyer is an entrepreneur according to section 14 German Civil Code, delivery on account is possible pursuant to a separate agreement. The buyer has to pay the invoiced purchasing price inclusive of the respectively valid VAT within 14 days provided that no other written agreement has been concluded. The determining factor in whether or not the due date is met is the receipt of the payment on the seller’s communicated account.

We reserve the right to accept other methods of payment depending on the individual case, particularly for customers living abroad, respectively deliveries abroad. Furthermore, we reserve the right to accept only particular payment methods of the above mentioned and to exclude all others depending on the individual case.

The buyer undertakes to pay interest for default in case of default of payment in the amount of 5% above the base rate – in the amount of 9% above the base rate if the buyer is an entrepreneur according to section 14 German Civil Code – of the invoice amount in default. Additionally, a fee of 5.00 EUR will be charged each with the first dunning letter as well as with the second dunning letter. The buyer has the right to proof a minor damage.

4. Process of Buying

No later than 1 hour after the purchase, the customer will receive an email advising all for the implementation of the contract relevant data. In case no email is received, he/she will inform us accordingly in order to ensure the delivery of said email.

5. Customer’s Participation

The customer has to ensure that his/her personal data as advised when ordering and concluding the contract, especially the reachable email address and delivery address, are correct. Furthermore, the customer has to ensure that it is technically possible for the email to be received on the provided email address and will not be precluded by forwarding, suspension, exceeded capacity, etc.

6. Claim for Defects

Legal warranty regulations apply in case the by us delivered goods are faulty. In the first instance the customer has the right to demand supplementary performance. In case the supplementary performance fails, the customer has the choice between further legal warranty rights. The customer shall declare the defect(s) of the good as detailed as possible. Sofern es sich beim Kunden um einen Unternehmer im Sinne des § 14 BGB handelt, gilt: Wir als Verkäufer haben die Wahl der Art der Nacherfüllung. Ansprüche wegen Mängeln verjähren in einem Jahr ab Übergabe / Ablieferung der Kaufsache an den Kunden.

7. Customer’s Right of Withdrawal

When operational disruption leads to a delay in delivering the purchased goods of more than 14 days after receiving the payment, the customer has the right to withdraw from the contract. Others, especially legal rights of withdrawal, which the customer is entitled to, shall hereof not be affected.

8. Customer’s Right of Cancellation

The customer has the right of cancellation according to clause 13. However, the right of cancellation according to clause 13 does not apply for contracts concerning the delivery of goods, which are manufactured according to customer’s specifications or clearly custom-tailored to the customer’s individual needs or not suitable for reconsignment due to their character (section 312 g paragraph 2 number 1 German Civil Code). BB Sport GmbH & Co KG explicitly indicates this kind of contracts for individualised goods and customisation as such in the confirmation of the order.

9. Liability

The following liability regulations also apply to the liability of BB Sport GmbH & Co KG, for its’ attorneys, employees and vicarious agents unless clearly stated otherwise below.

The following liability limitations also apply pursuant to customer’s direct claims against attorneys, employees and vicarious agents of BB Sport GmbH & Co KG.

BB Sport GmbH & Co KG is liable

- according to legal requirements when designated by mandatory legal requirements (e. g. Product Liability Law), for culpable injury to life, body and health, as well as for deliberate and grossly negligent induced damage.

- by material and financial damage for negligent breach of cardinal obligation or an essential contractual obligation for each damage causing incidence on the foreseeable damage typical of contract. A foreseeable damage typical of contract is a damage of no more than 500.00 EUR per individual case.

Apart from that, BB Sport GmbH & Co KG’s liability for material and financial damages is excluded.

Customer’s contributory negligence has to be imputed.

10. Applicable Law and Jurisdiction

10.1 The legislation of the Federal Republic of Germany is applicable for all legal relations between parties to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law is only applicable for consumers insofar the guaranteed protection through mandatory regulations of the legislation of the state, in which the consumer has his/her main residence, will not be withdrawn.

10.2 In case the buyer is an entrepreneur according to Section 14 German Civil Code, the jurisdiction and place of fulfilment for all litigation resulting from concluded purchase contracts between BB Sport GmbH & Co KG and the buyer is 84453 Mühldorf am Inn.

11. Final Provisions

Amendments or addenda to the concluded purchase contract must be in writing; this also applies to the waiver of the written form agreement itself. There are no ancillary agreements.

12. Partial Invalidity

In case of invalidity of individual regulations, the validity of all other regulations remains unaffected. Apart from that, the distance selling law in its most resent version applies without restrictions.

13. Cancellation Policy

Consumer’s Right of Cancellation

Consumers have the right of cancellation according to the following stipulation, in which consumer is any natural person, who concludes a legal transaction with purposes, which predominantly neither can be accounted to their commercial nor self-employed professional activities: 

                                                     Cancellation Policy

Right of Cancellation

You have the right to cancel the contract within fourteen days without declaration of any reasons. The cancellation period is fourteen days from the day,

- on which you or a third person named by you, who is not the carrier, have/has taken possession of the good(s), when a good or several goods were ordered within the scope of one single order and the good(s) is/are shipped in one single delivery;

- on which you or a third person named by you, who is not the carrier, have/has taken possession of the last good, when several goods were ordered within the scope of one single order and the goods are shipped separately;

- on which you or a third person named by you, who is not the carrier, have/has taken possession of the last partial delivery or the last good, when several were ordered, which are shipped in several partial deliveries.

In case more than one of the before mentioned alternatives apply, the right of cancellation begins only when you or a third person named by you, who is not the carrier, have/has taken possession of the last good or the last partial delivery, respectively the last item.

To exercise your right of cancellation, you have to inform us

BB Sport GmbH & Co KG
Söderbergstr. 14
84513 Töging am Inn
Germany

Phone: 0049 (0)8631 - 9882021
Fax:    0049 (0)8631 - 9882020

Email: service@alpidex.com

 

about your decision to cancel the contract via a precise declaration (e. g. a letter sent by post, fax or email). For this you can use the attached cancellation form template, however, this is not obligatory.

In order to preserve the cancellation deadline it is sufficient for you to send the note about the exercise of the right of cancellation before the cancellation deadline expires.

Cancellation Consequences

When you cancel this contract, we immediately and no later than 14 days after receiving your note of cancellation of the contract have to refund your payment, including all shipping costs (excluding additional costs resulting from your choice of a different kind of delivery over the cheapest standard delivery offered by us). For the refund we use the same method of payment as you have used in your original transaction, unless explicitly agreed otherwise; fees for the refund won’t be charged at any point.

We can refuse the refund until the goods are returned to us or until you have provided proof that the goods are sent to us, depending on which occurs first.

You have to return the goods immediately and in any case no later than fourteen days after advising us about the cancellation of contract. The deadline is met when the goods are sent before the deadline of 14 days has expired. We bear the costs for returning the goods.

You only have to compensate for a possible loss in value when this loss in value is caused by a not necessary handling for the examination of the composition, characteristics and operating mode of the good(s).

End of Cancellation Policy

Template - Cancellatioin Form

If you want to cancel your contract, please fill in the form below and return it to us:

BB Sport GmbH & Co KG
Söderbergstr. 14
84513 Töging am Inn
Germany

Phone: 0049 (0)8631 - 9882021
Fax:    0049 (0)8631 - 9882020

Email: service@alpidex.com

I/we (*) herewith cancel the by me/us (*) concluded contract for the purchase of the following goods (*)/supply of service (*)

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Ordered on (*) / received on (*):          ________________________________________

Name of the consumer(s):           _________________________________________

Address of the consumer(s):       ________________________________________

____________________________

Consumer’s signature (only for paper notes)

_______________

Date

(*) Please cross the inapplicable.

 

14. Battery return

Batteries are not suitable to be disposed in your domestic waste. Consumers are legally obliged to return used batteries. You may return the batteries purchased from us after use free of charge. We will then dispose the batteries accordingly: BB Sport GmbH & Co KG, Söderbergstr. 14, 84513 Töging am Inn, Germany. You may also give your old batteries free of charge to public collection points in your municipality / city or anywhere where batteries are sold. Contaminant-laden batteries are labelled as follows: Pb = contains lead; Cd = contains cadmium; Hg = contains mercury or by a stylized waste container with two crossed lines.

14. Information nach § 36 VSBG

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