GTC

Table of contents

  1. Scope of these General Terms and Conditions.
  2. Conclusion of a contract, storage of the contract text
  3. Prices, shipping costs, payment, due date, default, assignment.
  4. Payment options.
  5. Delivery, transfer of risk, partial delivery.
  6. Retention of title
  7. No guarantee, warranty or liability.
  8. Right of withdrawal of the consumer
  9. Costs for return shipment in the event of revocation
  10. Applicable law, contract language, place of jurisdiction, dispute resolution, miscellaneous

1 Scope of these General Terms and Conditions

These General Terms and Conditions (“GTC”) apply in the version valid at the time of the conclusion of the contract without restriction to all contracts between Mountain Sports Group UG as seller (“Seller”) and a consumer as customer (“Consumer”). A consumer is a natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).

These GTC apply in the version valid at the time of conclusion of the contract for all contracts between the seller and an entrepreneur as customer (“entrepreneur”), insofar as these GTC expressly regulate the corresponding application to entrepreneurs. Otherwise, the law applies. An entrepreneur is a natural or legal person or an association of persons with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity.

2. conclusion of a contract, storage of the contract text

2.1 If the contract is concluded, the contract is concluded with

Mountain Sports Group UG,
Riedackerstrasse 21
69509 Mörlenbach
is realized.

2.2 The presentation of the goods on the seller’s website does not constitute a legally binding contractual offer by the seller, but is only a non-binding invitation to the consumer to order goods.

2.3 The order by the consumer can be placed via the seller’s website(https://www.skratta.eu), by e-mail, by telephone or in writing. An order placed by the consumer constitutes a binding offer to conclude a purchase contract for the goods ordered.

2.4 The seller confirms receipt of the consumer’s order immediately by e-mail (“order confirmation”)

2.5 In the case of payment in advance/bank transfer or on account, the purchase contract is not concluded upon receipt of the order confirmation, but upon dispatch of a separate e-mail or delivery of the goods (“order confirmation”). The seller is entitled to accept the contractual offer contained in the order within 5 working days. In the case of goods ordered electronically, the seller is entitled to accept the order within 2 working days of receipt. The seller can also accept an order by delivering the ordered goods within this period.

In the case of payment by credit card, debit card, direct debit or PayPal, the contract is concluded when the consumer issues the payment instruction.

2. 6 With regard to orders placed via the seller’s website(https://www.skratta.eu) , the following provisionsapply to the conclusion of the contract:

The consumer submits a binding contract offer by successfully completing the designated order procedure as follows.

The order is placed in the following steps:

  • Selection of the desired goods
  • Confirm by clicking the “Add to shopping cart” button
  • Checking the details in the shopping cart
  • Press the “Checkout” button
  • Enter the address data, check the box to confirm the revocation data protection and general terms and conditions.
  • Re-check or correct the respective data entered.
  • Consent to the validity and confirmation of receipt of these General Terms and Conditions, the Privacy Policy and the Cancellation Policy & Cancellation Form, by actively ticking the box and binding submission of the order by clicking the button “Order with costs”.

Before submitting the binding order, the consumer can return to the website on which the consumer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details.

  • The seller confirms receipt of the order immediately by means of an automatically generated e-mail (“confirmation of receipt“).

Section 2.5 also applies

2.7 The order data is stored and processed by the seller in compliance with the statutory provisions. The seller sends the consumer the order data and these GTC by e-mail. The consumer can print out the order data immediately after submitting the order.

3. prices, shipping costs, payment, due date, default, assignment

3.1 The prices quoted by the Seller include statutory VAT and other price components. Added to this are any shipping costs, which the consumer can view before completing the order.

3.2 Invoices are sent by e-mail with the consumer’s consent. Invoices received must be paid within 14 days of the invoice date. The consumer is then in default of payment without the need for a reminder.

3.3 The consumer may only offset his own claims against payment claims of the seller or assert rights of retention insofar as his counter-rights/counter-claims have been legally established or are undisputed. Offsetting or the exercise of a right of retention is also possible, provided that the consumer’s claim and the seller’s claim are legally based on a reciprocal relationship.

4. payment options

4.1 The consumer can generally choose from the following payment options, whereby the seller does not offer all payment options in individual cases.

  • Prepayment/bank transfer
  • Credit card
  • Debit card or
  • When paying via PayPal, the consumer must register at www.paypal.com. The terms of use of paypal.com apply.

5 Delivery, transfer of risk, partial delivery

5.1 The Seller only delivers to the following countries, unless the parties expressly agree otherwise: Germany, Austria, Netherlands, Italy, Sweden, Denmark, Finland, Czech Republic, Spain, Poland, Portugal, France.

5.2 In principle, the items offered are in stock and ready for dispatch, unless the seller has stated otherwise in the description of the goods.

5.3 Delivery shall be made within 5 working days at the latest. In the case of payment in advance/bank transfer or invoice, the delivery period shall commence on the day after receipt of payment and for all other payment methods on the day after conclusion of the contract.

If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.

5.4 The risk of accidental loss and accidental deterioration of the item sold shall not pass to the consumer until the item is handed over to the consumer, even in the case of sale by dispatch.

5.5 The Seller shall be entitled to make partial deliveries insofar as this is reasonable for the consumer. The consumer will definitely not incur any additional costs as a result of partial deliveries.

6. reservation of title

6.1 The Seller retains title to the goods until the purchase price has been paid in full.

6.2 If the consumer is in default of payment, the seller is entitled to withdraw from the contract under the statutory conditions and to demand the return of the goods if the consumer has not paid the consideration in full.

7. no guarantee, warranty and liability

7.1 The Seller does not assume any guarantee, in particular that the goods will personally suit the consumer or third party users or have any desired effect, unless the Seller expressly promises a guarantee in individual cases.

7.2 The warranty is generally provided in accordance with the statutory provisions of the Federal Republic of Germany. In the event of a defect in the goods, the consumer therefore has the statutory options of rectification (e.g. delivery of defect-free goods), withdrawal, reduction in price and compensation for damages, taking into account the restrictions set out in Section 7.3. Warranty rights or claims are excluded if the consumer asserts a “defect” that is attributable to disregard of the instructions for use or inappropriate external influence. Intended wear and tear does not justify any warranty rights or claims.

The warranty period is generally 2 years.

7.3 The Seller’s liability for damages due to defective goods is limited. Irrespective of the type of damage, liability for damages is generally excluded, unless otherwise specified below:

The Seller shall be liable for damages solely in accordance with the statutory provisions if the consumer asserts claims for damages based on intent or gross negligence on the part of the Seller, including intent or gross negligence on the part of the Seller’s representatives or vicarious agents. The seller shall also be liable solely in accordance with the statutory provisions if the damage is based on a culpably committed material contractual obligation. An essential contractual obligation in this sense is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the consumer regularly relies and may rely. The Seller shall also be liable solely in accordance with the statutory provisions in the event of culpable injury to life, limb or health, also in the event of liability due to fraudulent concealment of a defect, also in the event of liability due to non-fulfillment of a quality guarantee and also in the event of liability under the Product Liability Act.

The above liability provisions in this clause 7.3 also apply to a contract with an entrepreneur.

8. right of withdrawal of the consumer

Consumers have the following statutory right of withdrawal if they have purchased goods by way of a distance selling contract in accordance with Section 312c BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).

9. costs for return shipment in the event of revocation

The consumer shall bear the direct costs of returning the goods in the event of withdrawal.

10 Applicable law, contract language, place of jurisdiction, dispute resolution, miscellaneous

The above provision in this clause 10.1 also applies to a contract with an entrepreneur.

10.2 In the case of a contract with an entrepreneur, the place of jurisdiction for all disputes arising from this contract is the competent court at the seller’s place of business, provided that the entrepreneur is a merchant, a legal entity under public law or a special fund under public law. In this case, however, the seller is also entitled to sue the entrepreneur at another competent court.

10.3 The seller hereby informs the consumer that the European Commission provides a corresponding online platform with regard to the so-called online dispute resolution. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/ .

The seller shall always endeavor to resolve any disagreements with the consumer with regard to existing contracts by mutual agreement. However, the seller is not obliged to participate in a consumer arbitration procedure (according to VSBG) and will not suggest the consumer to participate in such a procedure.

10.4 The seller hereby informs the consumer of the e-mail address at which the seller can be contacted. This is: info@mountain-sportsgroup.com.

GENERAL TERMS AND CONDITIONS AND REVOCATION POLICY OF THE COMPANY MOUNTAIN SPORTS GROUP UG | 04. MAY 2022 | 10:09