Deutscher Alpenverein - Kletterverband Bayern

Our General Terms and Conditions

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 of all the goods in your shopping basket has been completed by clicking on the button “Place order”. 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.

1.3 The customer has to undergo the following technical steps to submit an offer via our online-shop:
- Add the desired item to the virtual shopping basket;
- Log-on to the online-shop by entering the user identification and password or – in case there is no existing account – new registration with or without opening an account;
- Entering of billing and delivery address;
- Selection of payment method;
- Summary of order data;
- Placement of order.
Our acceptance of said purchase is carried out in accordance with clause 1.2 (see above).

1.4 When submitting an offer via our online-shop, the wording of the contract will be saved by us and sent to the customer along with the terms and conditions at hand in text form (e. g. email, fax or letter) after placing the order. Additionally, the wording of the contract is archived on our website and can be accessed by the customer free of charge via his/her password-protected account after entering the relevant log-in data, provided that the customer created an account on our online-shop before placing the order.

1.5 Before placing a binding order in our online-shop, the customer is able to continuously correct his/her entries via the keyboard and mouse. Furthermore, all entries are displayed once again in a confirmation window before placing the order and can be corrected by the common keyboard and mouse.

2. Prices

The price to be paid by the customer is determined according to the web shop prices on the homepage www.dein-klettershop.de. 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. Method of Payment, Shipping and Delay of Payment

The goods will be shipped after payment in advance, unless a "purchase on account" is made. We will inform the customer of our bank details by email after the contract is concluded. As soon as the invoice amount has been credited to the notified account, we will dispatch the purchased goods. The customer will be notified by email once the payment has been credited to our account as well as of the transfer to our mail-order firm. We also offer delivery by cash on delivery, at which the amount is collected when the parcel is delivered by the commissioned mail-order firm.

In case of direct debit payment, the invoice amount to be paid shall be debited by us from the account specified by the customer. In the event of the revocation of the direct debit or an insufficient cover of the account, we will additionally charge the bank charges (currently 10.00 EUR) caused by the return debit note plus the internally incurred costs to the customer, at least however the total of 20.00 EUR. Irrespective of this, we are entitled to withdraw from the purchase contract.

In case of the payment method "purchase on account" via PayPal, the purchase contract about the goods is concluded between the customer and us. We are responsible for the processing of the purchase contract as well as general customer requests (e. g. questions about the product, delivery time, dispatch etc.), returns, complaints, warranty claims, etc.

In regards of the payment processing / invoicing, the service provider "PayPal (Europe) S.à.r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal) emerges. For this reason we resign our purchase price claim against the customer to PayPal when the product(s) have been “purchased on account”. After the purchase price has been paid, payments with a debt-free effect can only be made to PayPal. The purchase price to be paid to PayPal is due 14 (fourteen) days after receipt of the goods.

As soon as the customer has selected the payment option "purchase on account" via PayPal, PayPal carries out a risk check and decides whether a payment is possible by means of the payment option selected by the buyer "purchase on account" via PayPal. Further details on the risk check (identity and credit check) can be found in our data protection notes.

Further detailed information about the processing of the payment option "purchase on account" via PayPal can be found on the pages of PayPal under the point of terms of use (in particular under point 6a of the terms of use): https://www.paypal.com/en/webapps/mpp/ Among others / useragreement-full. 

Also in the case of further payment methods offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the Paypal terms of use. These can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or if you do not have a PayPal account under the conditions of payment for PayPal without PayPal, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.

We accept payment by the credit cards VISA and MasterCard. We use the payment provider Heidelberger Payment GmbH (hereinafter: Heidelpay) to process the credit card payment. For more information on this service provider, please visit: www.heidelpay.de. The credit card stated by the customer will be debited with the conclusion of the purchase contract. The payment is processed via an SSL-secured connection. The SSL (Secure Socket Layer) is a standard protocol, which is recognized on the internet and ensures a secure data exchange. Heidelpay shall receive the personal data and payment data entered by the customer for the purpose of carrying out the payment. Please refer to our privacy policy for further details. The accounting via credit card is made by: Huellemann & Strauss Onlineservices S.à.r.l., 1, Place du Marché, L-6755 Grevenmacher, R.C.S. Luxembourg, B 144133, info@hso-services.com, managing director: Dipl. Vw. Mirko Mantelmann, Heiko Strauß. In the event of a revocation or an insufficient cover of the account, we will additionally charge the bank charges (currently 35.00 EUR) caused by the return debit note plus the internally incurred costs to the customer, at least however the total of 60.00 EUR. Irrespective of this, we are entitled to withdraw from the purchase contract.

We also accept the customer’s payment by using the payment services PayPalExpress and "purchase on account" via PayPal, Sofortüberweisung, Klarna Invoice, Klarna Installment Payment, Amazon Payments, cash on delivery and cash at collection. The settlement of the payment depends on the respective regulations of the payment service. These can be viewed under the following websites of the respective payment services:

PayPal: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
Sofortüberweisung: https://www.sofort.com/ger-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/
Klarna: https://www.klarna.com/de
Amazon Payments: https://payments.amazon.de/home

The dispatch will take place after the payment has been credited on our account by the corresponding payment service or after their notification of the money transfer / transfer to us.

In case of payment by Klarna Invoice, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price has to be paid within 14 (fourteen) days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. If the customer's creditworthiness is guaranteed, after verification by Klarna, the payment is executed in cooperation with Klarna AB, to whom we assign our payment request. After the assignment with debt-free effect, the customer can only pay to Klarna AB. In addition, the general terms and conditions of Klarna AB apply. For further information about payment by Klarna Invoice, please visit:
https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_en/invoice?fee=0.

In case of payment by Klarna, a fee of 0.35 Euro and an additional 1,5% of the purchase value are charged per purchase. In the case of a default in payment, a dunning charge of EUR 5.00 plus interest on arrears pursuant to § 288 BGB shall be due.

If you pay by Klarna Installment Payment, you also receive the goods first. Your purchases will then be collected on an invoice at the end of next month. You can then pay this invoice in flexible installments, but you can also pay the total amount at any time. For further information about Klarna financing service, please visit: https://cdn.klarna.com/1.0/shared/content/legal/terms/24406/en_account

For further information about the financing service Klarna Installment Payment, please visit: https://cdn.klarna.com/1.0/shared/content/legal/terms/24406/de_de/account

The complete terms and conditions of Klarna Installment Payment can be viewed on: 
https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf

Please note that Klarna Invoice and Klarna Installment Payment a delivery to an address other than the invoice address is not possible.

If you pay by Amazon Payments you have the possibility to pay your purchase in our online shop via an existing Amazon customer account. You can execute the payment process completely via Amazon and use your payment and shipping information saved there. For more information, please visit: https://payments.amazon.de/home

In case the buyer is an entrepreneur in accordance with § 14 of the German Civil Code (BGB), we shall also deliver on acocunt to the entrepreneur after separate agreement. The buyer has to pay the purchase price shown in the invoice including the applicable VAT within 14 days upon receipt of the invoice unless otherwise agreed in writing. Decisive for meeting this deadline is the crediting of the money on the seller’s account.

We reserve the right to accept additional methods of payment depending on the individual case, in particular with customers from abroad or with delivery abroad. In addition, we reserve the right to accept, depending on the individual case, only one of the above-mentioned payment methods and to exclude the remaining ones.

In case of default of payment, the buyer commits to pay interest on arrears in the amount of 5% -points above the base interest rate - if the buyer is an entrepreneur in accordance with § 14 of the German Civil Code (BGB) in the amount of 9% -points above the base interest rate of the invoicing amount in default. Additionally, a fee of 5.00 EUR each will be charged for first reminder as well as the second reminder. The buyer may prove a lower 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.

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 - 988200
Fax:    0049 (0)8631 - 9882020

Email: service@dein-klettershop.de

 

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 - 988200
Fax:    0049 (0)8631 - 9882020

Email: service@dein-klettershop.de

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.