Conditions of Sale and Delivery
§ 1 Validity of Conditions
Our special offers, deliveries and service are made on the basis of these terms of sale and delivery only. Thus, these terms will be valid for any future business relations, even if not additionally agreed.
§ 2 Conclusion of Contract
1. In our online
catalogue, brochures, adverts etc. our special offers and price information
are non-binding and subject to change. Errors and omissions excepted
2. Specific offers are binding for 10 days, unless otherwise stated.
3. The purchase constitutes the buyer's offer to the vendor and is binding for
four weeks. The purchase becomes a binding contract upon the vendor's acceptance,
confirmation by the vendor is required. If the vendor does not refuse the purchase
order within four weeks it is deemed to be confirmed and will become a binding
contract.
§ 3 Prices
1. Prices are quoted
including Value Added Tax (VAT) and are payable net.
2. If there are more than 6 months between the completion of the contract and
the declared and/or the final date of delivery, the prices at the time of delivery
are valid. If this price has risen 10%, the buyer is entitled to cancel the
contract.
§ 4 Delivery
1. Delivery takes
places within 2 - 3 working days using "Deutsche Post" and is subject
to availability.
2. Delivery outside Germany takes place for cash in advance only.
3. Delivery is made only after cash in advance, credit card payment (plus 4%
fee), advance cheque or cash on delivery.
4. The buyer must give notice of transport damages immediately after accepting
the delivery.
§ 5 Returns
1. The buyer has
the right to exchange goods (undamaged and in original packaging with instruction
leaflets) within 10 days after accepting delivery with production of a valid
sales receipt without stating reasons.
2. Excluded from replacements are custom-made products and safety related climbing
goods (ropes, climbing harnesses, carabiners).
3. Return postage is at the expense of the buyer, unless the value of goods
exceeds the amount of 40 EUR. In this case, postage is at the expense of outdoor
works.
4. Non-prepaid returns will not be accepted.
5. The refund of the purchase price and the postage occurs within 7 working
days via credit transfer.
§ 6 Guarantee
1. Basis of any
guarantee is the presentation of a valid sales receipt.
2. In case the purchased good is defective or becomes defective during the guarantee
period, the vendor will deliver at its own discretion a replacement or will
repair the defective good. Multiple solutions are possible.
3. The guarantee period of all available goods is 2 years from date of delivery.
4. Obvious defects have to be indicated immediately at the latest within ten
days after acceptance of delivery. The defective goods have to be returned in
the same condition as at the time of delivery.
5. If repair or exchange of goods is not possible in an adequate timeframe,
the buyer may choose either a discount or the cancellation of the purchase.
§ 7 Liabilities
Compensation claims through default in performance of contract, non-performance, default when the contract is concluded and illegal action are excluded, unless the vendor acts deliberately or negligently. As far as our liability is excluded this shall also cover possible personal liability of our staff members and employees. The liability exclusion does not apply to claims for compensation from inaccurate product descriptions, for which the buyer should protect themselves against the risk of consequential injury caused by a defect.
§ 8 Retention of Title
The goods remain the property of the vendor until receipt of payment of all existing and due receivables resulting from the business relationship with the buyer.
§ 9 Acceptance of Goods
1. If the buyer
does not receive the ordered goods, the vendor is allowed a respite of eight
days. After the expiration of this respite the buyer may cancel the purchase
and claim compensation due to non-fulfilment.
2. It is not necessary to set a respite if the buyer definitely refuses acceptance
or is not able to pay the purchase price.
3. If the buyer requests compensation it will amount to 20% of the agreed purchase
price. Compensation may be higher or lower if the vendor proves there is more
severe damage or if the buyer proves there is less damage.
§ 10 Effectiveness
If individual conditions are or become ineffective or if omissions arise from the contract this does not detract from the remaining content of the contract.
§ 11 Place of Fulfilment and Court of Jurisdiction
Place of fulfilment
and court of jurisdiction for both parties is Wilkau-Haßlau with regard
to rights and obligations indirectly or directly involved with the contract.