General Terms and Conditions of Use
The ALP GOAT GmbH, with seat in Vienna (hereinafter only “ALP GOAT”)
- Scope of application
(1) These General Business Terms and Conditions apply to all sales of goods, legal transactions which are concluded by ALP GOAT as a contractual partner with its customers (hereinafter referred to as the “Customer”) as well as to the use of the ALP GOAT platform.
(2) The deliveries, services and offers are made exclusively on the basis of these General Business Terms and Conditions. Deviating agreements require the express written consent of ALP GOAT. The application of own general business terms and conditions or own contract contents of the customer is excluded in any case.
(3) The currently valid General Business Terms and Conditions are provided on the following websites for retrieval and printing:
- Contractual partner / conclusion of a contract
(1) The contractual partner is the ALP GOAT GmbH with seat in Vienna, Austria.
(2) The webshop is aimed exclusively at consumers, which are natural persons who make the purchase for purposes which are not attributable to their commercial or independent professional activity. The customer has to provide various data during processing (e.g. name, address, age, etc.). ALP GOAT undertakes to use this data exclusively in accordance with data protection declaration which consenting by the user is a prerequisite for the creation of each profile and conclusion of the contract.
(3) The presentation of the goods on the online platform, in sales brochures and other presentations of the goods do not constitute a binding offer to conclude a contract. Herein it is dealt with a non-binding summon and invitation to customers in order to order goods within the framework of the webshop.
(4) Before reaching the end of the ordering process the customer obtains the opportunity to control all his/her details and his/her complete order and to correct them if necessary. Only by clicking on the button “Buy” the customer submits a binding purchase offer.
(5) After receipt of the purchase offer by ALP GOAT the user receives an e-mail, through which ALP GOAT confirms the receipt of the offer and declares its acceptance. This
e-mail constitutes acceptance of the purchase offer, whereby also the conclusion of the sales contract is materialized.
(6) Children under the age of 14 are required the consent of their parents for the valid purchase contract. ALP GOAT reserves the right to demand proof of age or parental consent. ALP GOAT is entitled to do so even after the conclusion of a contract. If a proof of the appropriate age or a parental consent cannot be provided ALP GOAT is entitled to reverse the contract.
- Service description and prices
(1) ALP GOAT offers the sale of goods at unit prices. In each case, the offer shown on the website or the webshop applies.
(2) The prices indicated in the webshop contain the statutory VAT and other price components, such as shipping costs. The price for concluding the contract applies in each case.
- Terms of payment and default
(1) The payment is affected optionally by credit card (Visa, Mastercard), PayPal, immediate transfer or cash in advance.
(2) In paying by credit card, the purchase price is reserved on the credit card at the time of the order (“authorization”). The actual charge on the credit card account is at the time in which ALP GOAT sends the goods to the customer.
(3) If a customer defaults with a payment, so the customer is required to pay default interest of 5 percentage points per annum until payment. For each reminder sent to the customer after occurrence of the default a reminder fee of 5 EUR is charged.
Payment by invoice
In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the invoice as a payment option. When buying on invoice with Klarna you always get the goods first and you always have a payment period of 14 days. The payment is made to Klarna. Please note that purchase on invoice is only available to consumers.The complete General Business Terms and Conditions for Purchase on invoice for deliveries to Germany can be found here and the complete General Business Terms and Conditions for Purchase on invoice for deliveries to Austria can be found here. The online store charges when buying on invoice with Klarna a fee of 0.00 Euro per order.
Klarna checks and evaluates your data particulars and conducts in case of justified interest and purpose a data exchange with other companies and credit reporting agencies. Your personal details are treated in accordance with applicable data protection regulations and in accordance with the data in Klarna’s data protection regulations for Germany/ Austria.
- Retention of title / offsetting
(1) The goods remain the property of ALP GOAT until full payment of the purchase price.
(2) A customer is only entitled to a right to set off if his/her counterclaim is in legal connection with the netted liability, it has been legally established or is not disputed by ALP GOAT.
- Delivery / shipping costs
(1) Unless otherwise agreed, the goods are delivered from the warehouse to the address indicated by the customer.
(2) Currently ALP GOAT delivers to the following countries: Germany, Austria and Switzerland. The respective costs are listed transparently before completion of the ordering process.
(3) In order to facilitate the smooth delivery, our forwarding partner needs a telephone number under which you can be reached during the day (see mandatory field in the shopping basket).
- Distance Selling / revocation
As a consumer you have a right of revocation in accordance with the following provisions.
You have the right to revocate this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us
ALP GOAT GmbH
Hainburgerstrasse 44 Top 1/2
E-mail address: email@example.com
Telephone number: +43 660 4725819
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) on your decision to revoke this contract. You can use the attached model revocation form which is however not prescribed. In order to maintain the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must repay all payments, that we have received from you, including delivery costs (with the exception of the additional costs, resulting therefrom, that you have chosen a different kind of delivery than the offered by us, cheapest standard delivery), immediately and no later than within fourteen days from the date on which the notice of your revocation of this contract was received by us. For this repayment we use the same means of payment, that you used in the original transaction, unless it was otherwise expressly agreed with you; In no case will you be charged fees for this repayment. We can refuse the repayment, until we get the goods back or until you have provided a proof that you have returned the goods, depending on which is the earlier time.
You must return or hand over to us the goods immediately and at the latest within fourteen days from the day on which you inform us on the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of the return delivery.
You must pay for any loss of value of the goods only if that value loss can be attributed to unnecessary handling of the goods for examination of their condition, characteristics and functionality.
(1) Model of the revocation form
Model – withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
— To: ALP GOAT GmbH
Hainburgerstrasse 44 Top 1/2
E-mail address: firstname.lastname@example.org
— I / we (*) hereby revoke the contract concluded by me / us on the purchase of the following goods (*) / the provision of the following service (*)
— Ordered on (*) / received on (*)
— Name of the consumer (s)
— Address of the consumer (s)
— Signature of the consumer (s) (only in case of notification on paper)
(*) Delete as appropriate.
- Warranty / Liability
(1) Unless expressly agreed otherwise, your warranty claims are based on the respective statutory provisions of the country.
(2) A warranty that goes beyond the legal warranty rights is not given.
(3) Any possible claims of the customer for damages are excluded. Exceptions to this are claims for damages of the customer resulting from injury to life, body, health or from the breach of essential contractual obligations, as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by ALP GOAT, its legal representatives or performing agents. Significant contractual obligations are those which fulfilment is necessary to achieve the objective of the contract.
- Transport damage / customer service
(1) If goods are delivered with obvious transport damages, if the goods are incomplete or obviously faulty, so customers are asked to make complaints about such defects immediately to the deliverer and to contact ALP GOAT as soon as possible.
(2) In the case of a return delivery it is necessary to avoid damages and contaminations. If possible, it is necessary to return the goods to ALP GOAT in their original packaging with all accessories and all packaging components. If this is no longer available, the customers are asked to pack the goods in such a way that further damages and impurities are avoided.
(3) The modalities mentioned in the preceding subparagraphs 1-2 are not a prerequisite for the effective exercise of the right of revocation or asserting of the warranty right. They help ALP GOAT but, to enable asserting own claims towards the carrier or the transport insurance entity.
(4) In case of revocation according to point 7 a refund of the purchase price takes place only step by step against returning of the goods received by the customer. Both the return delivery of the goods and refund of the purchase price must be done within 14 days from the declaration of withdrawal or return of the goods.
- Data protection
(1) The user authorizes ALP GOAT by sending the order, to process, to store, to evaluate and to use the data received in connection with the business relationship in the sense of the data protection laws.
(2) The customer has a right to information as well as a correction, blocking and deletion of his / her stored data.
(3) The user expressly states by confirmation that he/she has read, understood and accepted the separately published data protection declaration.
- Final provisions
(1) Austrian law applies with the exclusion of UN sales law as agreed. This choice of law excludes the mandatory consumer protection regulations of the respective country, in which the customer has his habitual residence.
(2) Contract language is German