General Terms and Conditions

Overview of Terms and Conditions

1. Scope of Application
2.Contractual Partner
3. Offer and Contract Conclusion
4. Right of Cancellation
5. Further Information
6. Storage of Contract Text
7. Customer Service
8. Illustrations and Descriptions
9. Prices
10. Shipping Costs
11. Deliveries and Delivery Proviso
12. Payment, Due Date, Late Payment
13. Retention of Title
14. Warranty
15. Transportation Damages
16. Liability
17. Battery Redemption
18. Final Provisions, Place of Jurisdiction

1. Scope of Application

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.

2. Contractual Partner

The purchase agreement is concluded with:

Outdoor-Climbing / Klaus und Michael Schädel GbR
Managing Directors: Klaus und Michael Schädel

Friedrichstr. 2a
74172 Neckarsulm
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: anfragen@outdoor-climbing.de.

3. Offer and Contract Conclusion

3.1

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.

3.2

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.

4. Instructions on the right of withdrawal and model withdrawal form

The following withdrawal instructions apply to consumers entering into distance contracts for the purchase of goods.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire fourteen days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods.

If you have ordered multiple goods in a single order and these are delivered separately, the withdrawal period will expire fourteen days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the last item.

If goods are delivered in multiple lots or pieces, the withdrawal period will expire fourteen days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the last lot or piece.

To exercise your right of withdrawal, you must inform us,

Klaus Schädel & Michael Özbek GbR
Outdoor-Climbing
Friedrichstraße 2a
74172 Neckarsulm
Germany
Phone: +49 7132 3699230
Email: info@outdoor-climbing.de

of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not mandatory.

You can also exercise your right of withdrawal online at www.outdoor-climbing.de/widerruf-formular. If you use this online function, we will send you an acknowledgement of receipt on a durable medium, for example by email, without undue delay. This acknowledgement will include information about the content of your withdrawal declaration and the date and time it was received.

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 contract, we will reimburse all payments received from you, including delivery costs, except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us. We will make this reimbursement without undue delay and no later than fourteen days after the day on which we are informed of your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.

You must send back the goods or hand them over to

Klaus Schädel & Michael Özbek GbR
Outdoor-Climbing
Friedrichstraße 2a
74172 Neckarsulm
Germany

without undue delay and in any event no later than fourteen days after the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To:

Klaus Schädel & Michael Özbek GbR
Outdoor-Climbing
Friedrichstraße 2a
74172 Neckarsulm
Germany
Email: info@outdoor-climbing.de

I/We () hereby give notice that I/We () withdraw from my/our () contract for the sale of the following goods () / the provision of the following service (*):

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

5. Further information

5.1 Exceptions to the right of withdrawal when purchasing goods

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and whose production is determined by an individual choice or decision made by the consumer, or goods that are clearly personalised.

The right of withdrawal also does not apply to contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

5.2 Packaging and handling of goods

Please avoid damaging or soiling the goods and package them securely for return. Where possible, please return the goods in their original packaging with all accessories.

Using the original packaging is not a requirement for exercising your right of withdrawal.

5.3 Return shipping and return labels

You may arrange the return yourself and choose a suitable shipping provider.

If we offer you a paid return label for a return following withdrawal, its use is voluntary. The cost will be disclosed to you and agreed with you before you order the label. You are not required to use our return label.

Please keep any proof of posting until the return and reimbursement process has been completed.

5.4 Identifying your return and contacting us

To help us identify your return, please include your order number. You do not need our prior authorisation to return the goods.

If you have any questions, you can contact us at info@outdoor-climbing.de or by phone on +49 7132 3699230.

5.5 No additional requirements for withdrawal

The guidance and requests in sections 5.2 to 5.4 are not requirements for validly exercising your right of withdrawal.

5.6 Statutory rights in the event of defects

The provision requiring consumers to bear return shipping costs applies to withdrawal. Your statutory rights in the event of defects remain unaffected.

We bear the transport costs necessary to remedy defects in accordance with the applicable statutory provisions.

5.7 Right of withdrawal for equipment rentals booked for a fixed period

For contracts concerning the rental of climbing and mountaineering equipment for leisure activities, there is no statutory right of withdrawal under section 312g(2), no. 9 of the German Civil Code (BGB) if a specific rental period is agreed on a binding basis when the contract is concluded and equipment from our limited rental stock is reserved for that period.

This provision applies exclusively to the corresponding rental contracts. The statutory right of withdrawal when purchasing goods and your statutory rights in the event of defects remain unaffected.

5.8 Summary of the main exceptions when purchasing goods

There is no right of withdrawal for individually manufactured or personalised goods where the conditions set out in section 5.1 are met.

For sealed goods, the right of withdrawal is lost after the seal has been removed only if the goods are unsuitable for return for reasons of health protection or hygiene.

The classification of a product as personal protective equipment (PPE) does not, by itself, exclude the right of withdrawal. Merely opening the original packaging is also insufficient to exclude this right.

Your statutory rights in the event of defects remain unaffected.

6. Storage of Contract Text

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.

7. Customer Service

If you have any questions regarding your order or in case of complaints, please contact our service:

via email: anfragen@outdoor-climbing.de
by phone: +49 (0)7132-9650-20
by fax: +49 (0)7132-9650-60

8. Illustrations and Descriptions

No warranty is given for product images and descriptions. They may partially differ from the ordered/delivered products.

9. Prices

The prices listed for Outdoor Climbing.de represent the final prices, generally include any applicable VAT and are exclusive additional shipping costs.

10. Shipping Costs

10.1

We charge € 4.95 for the delivery within Germany; orders valued above € 100 are delivered free of charge within Germany.

10.2

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.

11. Deliveries and Delivery Proviso

11.1

Delivery time within Germany usually takes approximately 2-5 working days, unless otherwise stated in the offer. This does not guarantee a delivery within 2 days.

11.2

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.

11.3

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.

11.4

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.

11.5

We do not ship to Helgoland.

12. Payment, Due Date, Late Payment

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.

12.1

In case of purchase on account, you are obliged to pay the invoiced amount within 7 days after receipt of the ordered goods.

12.2

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.

12.3

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.

12.4

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.

12.5

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.

12.6

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.

12.7

In the event of late payment, we shall be entitled to invoice dunning charges.

13. Retention of Title

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.

14. Warranty

anfragen@outdoor-climbing.de - 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.

14.1

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.

14.2

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.

15. Transportation Damages

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.

16. Liability

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.

17. Battery Redemption

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.

18. Final Provisions, Place of Jurisdiction

18.1

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.

18.2

German law applies.

18.3

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 27/01/2024