General Terms and Conditions
Overview of Terms and Conditions
1. Scope of Application
3. Offer and Contract Conclusion
4. Right of Cancellation
5. Further Information
6. Storage of Contract Text
7. Customer Service
8. Illustrations and Descriptions
10. Shipping Costs
11. Deliveries and Delivery Proviso
12. Payment, Due Date, Late Payment
13. Retention of Title
15. Transportation Damages
17. Battery Redemption
18. Final Provisions, Place of Jurisdiction
These General Terms and Conditions (GTC) apply to all orders of consumers (§ 13 German Civil Code), placed with Outdoor-Climbing / Klaus und Michael Schädel GbR (hereinafter referred to as Outdoor-Climbing). A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to the person’s commercial or self-employed vocational activity. Outdoor-climbing.de does not recognize any conditions that oppose or differ from these General Terms and Conditions and explicitly contradicts them. Outdoor-Climbing does not accept any conflicting terms and conditions of the customer, unless expressly agreed upon their validity in writing.
The purchase agreement is concluded with:
Outdoor-Climbing / Klaus und Michael Schädel GbR
Managing Directors: Klaus und Michael Schädel
VAT ID: DE246066166
If you have any questions, complaints or objections, please contact our customer service on weekdays between 9.00 am and 6.00 pm by calling +49 (0) 7132-9650-20 or by sending an e-mail to the following address: firstname.lastname@example.org.
The presentation of our products in the online shop does not represent a legally binding offer, but a non-binding invitation for the customer to place an order. Errors excepted.
By clicking the “Order” button at the final step of the ordering process, you place a binding order for the chosen products listed on the order page. The purchase contract is concluded when we accept your order through an order confirmation via e-mail, immediately after receiving your order.
You are entitled to revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without giving reasons, or by returning the item, if the item has been already conveyed to you before expiration of the deadline. The period begins upon receipt of these written instructions, however, not before the goods have been received by the recipient (with recurring deliveries of similar items, not prior to the receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246, Paragraph 2 in conjunction with Article 1, Paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB - Einführungsgesetz zum Bürgerlichen Gesetzbuch) as well as our obligations under Article 312e, Paragraph 1, Sentence 1 of the German Civil Code (BGB - Bürgerliches Gesetzbuch) in conjunction with Article 246, Paragraph 3 of the Introductory Act to the German Civil Code (EGBGB - Einführungsgesetz zum Bürgerlichen Gesetzbuch). The deadline shall be observed either by timely dispatch of the declaration of revocation or return shipment.
The revocation must be sent to the following address:
Klaus und Michael Schädel GbR
Fax + 49 (0)7132 9650-60
Consequences of Revocation
If a cancellation is effective, the services received by either party shall be returned and, where appropriate, any benefit yielded from them (e.g. interest) shall be surrendered. If you are unable to return the service received either partially or entirely, or if you can only do so in a deteriorated condition, you are liable to provide appropriate compensation to us. If the item is in worse condition or used, you must reimburse the value only if the use or worsening is due to the handling of the item that goes beyond checking its characteristics or functions. "Checking the characteristics and functions" means testing and trying out the goods as it is possible and usual in a retail shop. Packaged items shall be returned at our risk. You shall bear the return postage costs from Germany, if the goods delivered correspond to the goods ordered and if the cost of the item being returned does not exceed 40 Euros, or, if the cost for this item is higher and you have not yet yielded the service in return or a contractually agreed partial payment at the time of revocation. In all other cases, the return from Germany within 14 days from the beginning of the revocation period is free of charge. Items that cannot be shipped as a parcel will be collected. Obligations to reimburse payments must be met within 30 days. This period begins for you with the dispatch of your declaration of cancellation or the item, and for us, upon its receipt. The buyer has to bear all the costs when returning goods from abroad, regardless of the order value.
End of Revocation Policy
The right of cancellation shall not exist for the delivery of goods that are manufactured according to customer specifications (e.g. tailored rope) or clearly tailored to personal needs or for delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you (e.g. DVD’s, where the cellophane foil was opened).
Please avoid damage and contamination. If possible, return the goods to us in their original packaging including all accessories and all packaging material. If necessary, use an additional protective secondary packaging. If you no longer have the original packaging, please ensure that the goods are sufficiently protected against damage in transit by using suitable packaging.
Please return your parcel as an insured package and keep the post office receipt as proof of shipping. We will send you a free return label or reimburse you for shipping costs incurred by you, if these do not have to be borne by yourself.
When you are returning goods, we kindly ask you to contact us beforehand via email or by calling 0049-7132-9650-20 to inform us about merchandise being returned. In this way, it enables us to perform a product allocation in the fastest way possible or processing the return shipment or exchanging the goods.
Please note that the modalities, mentioned in the paragraphs 5.2 to 5.4, are not a prerequisite for effectively exercising the right to cancel.
We store your order and the data associated with your order. If you wish to receive a printed version of your order, you may print the order confirmation for your file. Upon completing the order process and after clicking on “Send Order” at the final step of the ordering process, the following message will appear on your screen: “Thank you very much for placing your order!” This is where you have the opportunity to print all data entered associated with your order. If you have provided us with your email address, you will also receive an order confirmation, including all data entered, by email.
If you have any questions regarding your order or in case of complaints, please contact our service:
via email: email@example.com
by phone: +49 (0)7132-9650-20
by fax: +49 (0)7132-9650-60
No warranty is given for product images and descriptions. They may partially differ from the ordered/delivered products.
The prices listed for Outdoor Climbing.de represent the final prices, generally include any applicable VAT and are exclusive additional shipping costs.
We charge € 3.95 for the delivery within Germany; orders valued above € 60.00 are delivered free of charge within Germany.
Collect on delivery payment within Germany is subject to an additional charge of € 6.00. This fee comprises of € 4.00 COD charge and € 2.00 that is paid directly to the parcel delivery service.
Delivery time within Germany usually takes approximately 2 working days, unless otherwise stated in the offer. This does not guarantee a delivery within 2 days.
If the product is not available due to the fact that we are not supplied with this product from our supplier without any fault on his part, we can withdraw from the contract. In such a case, you will be informed immediately. If no comparable product is available or if you do not desire the delivery of a substitute product, you will be immediately reimbursed to the full extent for any consideration already provided.
We shall be entitled to perform partial deliveries at our expense as far as it is reasonable for the customer. Additional shipping costs incur only if explicitly agreed.
If the shipment cannot be delivered after three attempted deliveries, we are entitled to withdraw from the contract. You will be immediately reimbursed for any payments that have already been made.
We do not ship to Helgoland.
Payment can be either made by advance payment, cash on delivery, PayPal, credit card or direct debit payment. After two orders have been placed, supplying against invoice can be processed. We reserve the right to deliver goods exclusively against advance payment or cash on delivery.
In case of purchase on account, you are obliged to pay the invoiced amount within 7 days after receipt of the ordered goods.
In case of direct debit agreement, the invoiced sum is withdrawn within one month after we have received your order. Direct debit will be initiated on the day of shipment, at the earliest.
If you choose the advance payment option, we will send you our bank data in the order confirmation. The invoice amount must be transferred within 14 days. Otherwise, the order will be cancelled after this period.
If you choose to make payment by direct debit, you will, if applicable, have to bear those costs that incur as a result of the reversal of a payment transaction due to insufficient funds in your bank account or as a consequence of having provided us incorrect bank details.
If you are choosing PayPal as your payment method, upon completion of your order you will be directly forwarded to PayPal in order to process your payment.
When paying by credit card (MasterCard, Amex, Visa), your account will be debited on the date the goods are shipped and a 2% fee will be charged.
In the event of late payment, we shall be entitled to invoice dunning charges.
The goods remain the property of K+M Schädel GbR until receipt of full payment. Prior to transfer of ownership of the goods, pledging, chattel mortgage, processing or redesign of the product is not permitted without our approval.
firstname.lastname@example.org - If items of your order have a material defect according to legal requirements, we are obligated to make supplementary performance as long as we are not entitled to refuse a supplementary performance by legal regulations. An appropriated period of time must be granted to us in order to be able to provide supplementary performance. It is your choice to either have the defect removed or receive a replacement delivery. If we have tried to provide corresponding supplementary performance twice without any success, it is considered as failed. If the supplementary performance has failed or is unacceptable for you, you are entitled to either reduce the purchase price, withdraw from the contract or ask for compensation.
We shall not be liable for any damages and defects resulting from improper use, handling and storage, improper care and careless maintenance, overstress or improper repair by an unauthorized service partner.
If you request a repair or replacement of a defective product, please return the product to us free of charge. In order to do this, please request the relevant return form by calling 07132-9650-0. Please use this return form to ensure a fast and smooth transaction.
If goods are delivered with obvious transportation damages, please immediately file a complaint about such defects with the delivery agent and contact us as quickly as possible by calling 07132-9650-20. Failure to file a complaint or to contact us does not have any influence on your warranty rights. However, they will enable us to assert our own claims against the carrier or his transportation insurance.
We exclude liability for slightly negligent breaches of duty, provided that they do not concern essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies for breaches of duty by our vicarious agents.
Batteries and storage batteries do not belong into the household waste. Consumers are legally obliged to return used batteries. You can return used batteries that you have acquired from us after use. We ensure proper disposal. You can also return your batteries to recycling centers and public collection points in your community / city or wherever batteries are sold. Batteries which contain pollutants are marked as follows: For example, "Pb" stands for lead, “Cd" stands for cadmium, "Hg" for mercury or marked with a crossed-out trash can symbol.
If any provision of these General Terms and Conditions is or becomes invalid, all other provisions of the agreement remain in effect. Instead of the deleted conditions, the relevant legal rules apply.
German law applies.
The place of jurisdiction for all disputes arising from the contractual relationship - including withdrawal – shall be Heilbronn, if the buyer is not a consumer.
Neckarsulm, on 01/11/2011