General Terms and Conditions (GTC)
Alturos Destinations GmbH – Skiline Online Shop – General Terms and Conditions (GTC) and consumer information
Version: October 1, 2019
These General Terms and Conditions (GTC) govern the contractual relationship between you as a customer and Alturos Destinations GmbH (seller) for all orders placed in the Skiline Online Shop. ALTUROS reserves the right to change these GTC at any time without prior notice. The version at the time of booking (application for contract conclusion by the customer) is decisive.
The operator of the Online Shop and your contract partner is: Alturos Destinations GmbH, Lakeside B03, A-9020 Klagenfurt am Wörthersee. E-Mail: email@example.com
2. Conclusion of Contract
2.1 Offer by the Customer
The product descriptions contained in the Online Shop of the seller do not constitute binding offers by the seller but serve for a binding offer to be made by the customer.
The customer may submit the offer via the online order form integrated in the Online Shop of the seller. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic order process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button concluding the order process.
2.2 Acceptance by the Seller
The seller may accept the offer of the customer within five days by sending the customer a written order confirmation, whereby the receipt of the order confirmation by the customer shall be decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer shall be decisive, or by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
The period for accepting the offer begins on the day following the date on which the offer was sent by the customer and concludes at the end of the fifth day after the offer was sent.
When placing an offer via the online order form of the seller, the order confirmation is stored by the seller and sent to the customer after his order has been forwarded in writing (for example, email).
For the conclusion of the contract, German and English are the only languages available.
2.3 Order Processing and Initial Contact
The order processing and initial contact usually take place via email and automated order processing. The customer must ensure that the email address specified by him for the order processing is correct so that the emails sent by the seller can be received at this address. In particular when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Prices and Payment Terms
3.1 Stated Prices
Unless the seller’s product description indicates otherwise, the stated prices are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description or in the shopping cart.
3.2 Additional Costs
In case of deliveries to countries outside the European Union, additional costs that the seller is not responsible for and that must be borne by the customer may be incurred in individual cases. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
3.3 Payment Options
The customer has various payment options available, which are specified in the Online Shop of the seller.
4. Delivery and Shipping Terms
4.1 Delivery Address
The delivery of goods is made by mail to the delivery address specified by the customer unless otherwise agreed. When processing the transaction, the delivery address specified by the customer for order processing by the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment through PayPal is decisive.
4.2 Return Shipping Costs
If the shipping carrier sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of unsuccessful shipping.
5. Liability for Defects (Warranty)
5.1 Statutory Liability for Defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
5.2 Warranty Claims for Used Goods
Notwithstanding this, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
to other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller as well as
in the event that the seller has fraudulently concealed the defect.
5.3 Shipping Damage
The customer is requested to take up complaint for goods delivered with obvious shipping damage with the shipping carrier and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual warranty claims for defects.
6. Release from Violation of Third-Party Rights
If, based on the contract, the seller owes the processing of the goods in accordance with the customer’s specifications in addition to the delivery of the goods, the customer must ensure that the content provided to the seller by him for the purpose of processing does not violate the rights of third parties (for example, copyrights or trademark rights). The customer releases the seller from claims of third parties which they may assert against the seller in connection with a violation of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the information necessary for the verification of the claims and a defense.
7. Applicable Law
All legal relationships between the parties shall be governed by the law of the country in which the seller has his place of business, to the exclusion of the UN Convention on the International Sale of Goods. The exclusive place of jurisdiction for any disputes arising from this contract is the seller’s place of business.
8. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
9. Final Provisions
Should individual provisions of these GTC be ineffective or lose their effectiveness due to circumstances arising later on, this shall not affect the effectiveness of the concluded contract. A provision that comes closest to what the contracting parties would have wanted had they considered the relevant point shall replace the ineffective provision.