General Terms and Conditions

ARTICLE 1 – DEFINITIONS

The following definitions apply in these General Terms and Conditions:

Withdrawal period: The period during which consumers can exercise their right of withdrawal.

Consumer: A natural person who does not act within the scope of their commercial or professional activity and concludes a distance contract with the entrepreneur.

Durable medium: Any medium that enables the consumer or entrepreneur to store personally addressed information in a way that allows access for later use and unchanged reproduction.

Right of withdrawal: The consumer's ability to withdraw from the distance contract within the withdrawal period.

Entrepreneur: The natural or legal person who offers products and/or services in distance selling.

Distance contract: A contract in which, within a distance selling system organized by the entrepreneur, exclusively means of distance communication are used until the contract is concluded.

Means of distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur being at the same place at the same time.

General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – COMPANY INFORMATION

Alpenlinie.at
Address: Kleinbodenerstraße 39, 6263 Kapfing, Schwaz District, Tyrol, Austria
E-mail: info@alpenlinie.at
Phone: +41 755 730 527‬

ARTICLE 3 – SCOPE

These General Terms and Conditions apply to every offer of the entrepreneur as well as to every contract concluded between the entrepreneur and the consumer via means of distance communication.

Before concluding a distance contract, the consumer will be provided with the text of these GTC. If this is not reasonable, a notice will be given before the contract is concluded indicating where the GTC can be viewed and that they will be sent to the consumer free of charge upon request.

If the contract is concluded electronically, the GTC will be made available to the consumer in a way that allows them to save it. If this is not possible, it will be indicated where the conditions can be accessed electronically and that they will be sent upon request.

Additional conditions for individual products or services apply additionally. In case of contradictions, the consumer is entitled to the regulation most favorable to them.

Should any clause of these GTC be invalid or become invalid, the remaining provisions remain valid. The invalid clause will be replaced by a regulation that comes closest to the economic purpose of the original.

Unclear or unregulated situations are to be interpreted in accordance with these conditions.

ARTICLE 4 – OFFER

If an offer is limited in time or subject to conditions, this will be explicitly stated in the offer.

All offers are non-binding. The entrepreneur expressly reserves the right to make changes.

The product descriptions in offers are as accurate as possible so that the consumer can properly assess the products. Illustrations serve for visualization and may slightly differ from reality. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All product images, details, and information are non-binding and do not establish any liability.

Each offer contains information by which the consumer can clearly recognize their rights and obligations, in particular:

• The final price (plus any possible import duties and customs costs to be borne by the customer).
• The delivery costs (if applicable).
• The procedure of the ordering process and how a contract is concluded.
• Whether a right of withdrawal exists or is excluded.
• The payment methods, delivery conditions, and contract processing.
• The validity period of the offer or the price commitment.
• The costs of remote communication if they differ from the basic rate.
• Whether and how the contract is stored and accessible to the consumer.
• How the consumer can identify and correct input errors before concluding the contract.
• The languages in which the contract can be concluded.
• Codes of conduct to which the entrepreneur is subject and how the consumer can access them.
• The minimum term for recurring delivery of products or services.

ARTICLE 5 – CONCLUSION OF THE CONTRACT

Subject to the provisions of Article 4, a contract is concluded as soon as the consumer accepts the entrepreneur's offer and the specified conditions are met.

In the case of electronic acceptance of the offer, the entrepreneur immediately confirms receipt electronically. Until this confirmation has been made, the consumer may withdraw from the contract.

If the contract is concluded online, the entrepreneur ensures appropriate technical and organizational measures to protect the data and provides a secure transaction environment. For online payments, the entrepreneur implements corresponding security precautions.

The entrepreneur may – within the legal framework – obtain information on the consumer's creditworthiness and check all relevant data for a responsible contractual relationship. If this leads to a justified reason for refusal, the entrepreneur may refuse the order or impose additional conditions – stating the reasons.

After conclusion of the contract, the consumer receives the following information in writing or on a durable medium:

1. The business address of the entrepreneur for complaints;
2. Information on the right of withdrawal or its exclusion;
3. Information on existing warranties and customer services;
4. The information referred to in Article 4(3), insofar as it has not already been provided;
5. The termination conditions for open-ended contracts or those with a term of more than one year.

For recurring delivery of goods or services, the above information applies only to the first delivery.

All contracts are subject to the availability of the ordered products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving reasons. The period begins the day after the consumer or a designated third party receives the goods.

During this period, the consumer should only examine the product to the extent necessary to assess its properties and function. When exercising the right of withdrawal, the return must include all accessories and preferably be in the original packaging – according to the clearly communicated return instructions from the entrepreneur.

The exercise of the right of withdrawal must be declared in writing or by email within 14 days of receipt. Subsequently, the consumer has another 14 days to return the product. Timely return shipment must be verifiable (e.g., by delivery receipt).

If no declaration or return is made within these periods, the contract remains in effect.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

The consumer bears the return shipping costs in the event of withdrawal.

If the consumer has already paid, the amount will be refunded no later than 14 days after receipt of the return or proof of shipment.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal can be excluded for the products mentioned in paragraphs 2 and 3 – but only if the exclusion was clearly communicated before the contract was concluded.

An exclusion of the right of withdrawal is possible for products:

1. that have been made according to customer specifications;
2. that are clearly personalized;
3. that are not suitable for return for hygienic reasons or due to their nature;
4. that can spoil quickly;
5. whose price is subject to market fluctuations beyond the entrepreneur's control;
6. such as newspapers or magazines (excluding subscriptions);
7. for audio, video, or software products with broken seals;
8. for sealed hygiene products whose seal has been opened.

Exclusion of the right of withdrawal for services:

1. Accommodation, transport, catering, or leisure offers with a fixed execution date;
2. if the service has begun with the express consent before the end of the withdrawal period;
3. in gambling and lotteries.

ARTICLE 9 – PRICES

Within the validity period stated in the offer, prices do not change unless there are legal changes to the VAT rates.

By way of exception, the entrepreneur may offer goods or services at variable prices if these are subject to price fluctuations beyond their control (e.g., stock market prices). In such cases, the non-binding nature of the prices is expressly pointed out.

Price changes within three months after contract conclusion are only allowed if they are based on legal regulations.

Price increases after three months are only possible if this has been contractually agreed and:

1. they are based on legal requirements, or
2. the consumer has the right to terminate the contract before the price change takes effect.

According to § 5 UStG (Austria, Germany, Switzerland), the place of origin of the delivery is considered the place of taxation. In the case of delivery outside the EU, the post office or courier service charges import duties and customs fees. Therefore, the entrepreneur does not charge VAT.

Price information may contain printing or typing errors. The entrepreneur is not liable for resulting consequences. There is no delivery obligation in case of erroneously incorrect price information.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur guarantees that the delivered products and/or services comply with the contract, the specifications stated in the offer, and the legal requirements at the time of contract conclusion.

In addition to the statutory warranty, a manufacturer's warranty may exist without restricting the consumer's rights.

Defects or faulty deliveries must be reported in writing within 14 days of receipt. Returns must be unused, complete, and preferably in the original packaging.

The warranty period corresponds to that of the manufacturer. The entrepreneur is not liable for individual suitability for use or for advisory errors by third parties.

The warranty expires if:

• the consumer makes changes or repairs to the products (either themselves or through third parties),
• the products were used improperly or contrary to the instructions,
• a defect is due to legally required changes regarding material or construction.

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur strives to execute received orders carefully and punctually.

The delivery address is the one provided by the consumer during the ordering process.

According to Article 4 of these GTC, delivery – unless otherwise agreed – takes place within 14 days. If this is not possible, the consumer will be informed in time and can withdraw from the contract or demand a replacement.

In the event of withdrawal, a full refund will be made no later than within 14 days.

If the ordered product is not available, an equivalent replacement delivery can be made. The consumer will be informed of this no later than at delivery. In this case, the right of withdrawal remains. Return costs are borne by the entrepreneur.

The risk of damage or loss of the goods is borne by the entrepreneur until delivery to the consumer or a person authorized to receive designated by the consumer.

ARTICLE 12 – CONTRACT DATA: DURATION, TERMINATION, AND EXTENSION

Termination

Contracts for an indefinite period with regular delivery of goods (including electricity) or services can be terminated by the consumer at any time with a notice period of no more than one month.

For fixed-term contracts with regular delivery, the consumer can terminate at the end of the term with a notice period of up to one month.

• Termination can occur at any time and is not subject to special timing.
• It can be done in the same way as the contract conclusion.
• The notice period must not be longer than the one the entrepreneur grants themselves.

Extension

Contracts with a fixed term must not be automatically extended, except:

• For newspaper/magazine subscriptions with an extension of up to 3 months, provided the consumer can terminate with a notice period of 1 month.
• Contracts for an indefinite period can be terminated with a notice period of up to 1 month (or 3 months for deliveries less than monthly).
• Trial or sample subscriptions end automatically and do not renew silently.

Duration

Contracts with a duration of more than one year can be terminated by the consumer after the first year with a notice period of up to one month, unless fairness requires otherwise.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period according to Article 6 paragraph 1. For services, this period begins upon receipt of the contract confirmation.

The consumer is obliged to immediately report errors in payment data to the entrepreneur.

In case of payment default, the entrepreneur is entitled – within legal limits – to charge the consumer previously announced reminder fees and collection costs.

ARTICLE 14 – COMPLAINTS

Complaints about contract fulfillment must be submitted fully and comprehensibly to the entrepreneur within a reasonable period after the defect is discovered.

The entrepreneur responds to complaints within 14 days of receipt. If processing takes longer, the consumer will receive confirmation within this period indicating the processing time.

Complaints do not lead to suspension of contractual obligations unless the entrepreneur agrees to this in writing.

If a complaint is recognized as justified, the entrepreneur will replace or repair the product free of charge at their discretion.

ARTICLE 15 – APPLICABLE LAW

For all contracts between the entrepreneur and the consumer, only the law of the Federal Republic of Germany applies, even if the consumer resides in another country.

ARTICLE 16 – SMS MARKETING

By consenting to SMS marketing when placing an order, you agree to receive regular SMS messages (e.g., regarding orders, cart reminders, offers, or feedback requests) from Alpenlinie – even if your number is registered on a national or EU-wide blacklist. The message frequency varies. Consent is not a condition for purchase.

If you no longer wish to receive SMS messages, you can unsubscribe at any time by replying "STOP" to an SMS or by using the unsubscribe link contained in the message. Other forms of unsubscribing (e.g., your own wording) are not considered effective.

The use of this service is free of charge; however, your mobile provider may charge fees for SMS or data connections. The user is solely responsible for any fees.

If you need help, send "HELP" to the number from which you receive our messages, or contact us via our contact page at: https://www.alpenlinie.at/pages/kontakt.

We reserve the right to change phone numbers or short codes at any time. You will be informed of such changes. Messages sent to old numbers may no longer be delivered, which is beyond our responsibility.

To the extent permitted by law, we accept no liability for failed, delayed, or inaccurate SMS deliveries or for actions taken based on transmitted information.

Further information on data protection and the use of your data can be found in our privacy policy: https://www.alpenlinie.at/pages/datenschutzerklarung.