TERMS AND CONDITIONS

1. Introduction

a) These are the General Terms and Conditions (hereinafter referred to as „T&C“) of AlpJagd Stranzinger Limited, Reg.no. 116340p, Gewerbepark 1b, 4950 Altheim, Austria (hereinafter referred to as „AlpJagd”).

b) AlpJagd trades in the areas of hunting clothing and hunting equipment. However, trading with hunting weapons in particular hunting firearms is excluded. The products are imported from producers and middlemen from the European Union as well as third countries and then resold to AlpJagd customers. The offered products are either own brands or third-party brands.

2. Area of application

a) These T&C apply to all commercial transactions of AlpJagd. The majority of AlpJagd´s customers are consumers in the meaning of the Consumer Protection Act (hereinafter referred to as „KSchG“). However, AlpJagd also sells its products to entrepreneurs in the meaning of the Corporate Code (hereinafter referred to as “UGB”).

b) By entering into a purchase contract between AlpJagd and the customer, these T&C are considered as explicitly and irrevocably agreed. The version of these T&C being published on the webpage of AlpJagd (www.alp-jagd.at) or being placed in the store of AlpJagd at the time the purchase contract is concluded, this version applies. AlpJagd enters into a purchase agreement with its customers on the basis of its own T&C only. T&C of customers apply only if their application was expressly confirmed by AlpJagd in writing before conclusion of the purchase contract.

3. Product offer and prices

a) The products sold by AlpJagd are presented in the form of pictures and descriptions on its webpage in the online shop (www.alp-jagd.at), in its product catalog, and in other marketing materials. These product descriptions and presentations serve as information for customers, but do not present an offer of AlpJagd to enter into a purchase contract. Furthermore, products of AlpJagd are also presented in its store at the company headquarter in Altheim, Upper Austria. During the sales conversation with the AlpJagd sales staff, the customer will be informed about all relevant features, functionalities, and aspects of the product.

b) The prices for products sold by AlpJagd can be seen on its webpage in the online shop, in its product magazine, in other marketing materials (e.g. marketing flyers), and in its store in Altheim. Since product magazines are published in certain time periods only and the prices might be changed at any time due to e.g. change of product costs or delivery costs, the prices shown in the product magazines shall be considered as orientation price only. The prices shown in the online shop or in the store of AlpJagd at the time of contract conclusion are considered as agreed since they are updated daily if needed. Other marketing materials have the purpose of promoting special offers, which is why their prices might deviate from those shown in the online shop or in the store. In this case, the prices shown in the other marketing materials are considered as agreed.

c) The prices mentioned before do only apply under the condition that no printing error occured. In such case, AlpJagd is entitled to correct them at any time. AlpJagd is further entitled to change its prices at any time and without prior notice. However, the changed prices will only apply once they are announced in the afore mentioned media or in the AlpJagd store.

4. Order and closure of contract

a) AlpJagd sells its products either through its online shop, by phone or written orders, or at its store in Altheim, Upper Austria. AlpJagd keeps the majority of its offered products on stock, which is why the products are usually ready for shipping to the customer very quickly after order receipt. The customer has not legal right to purchase products from AlpJagd, which is why AlpJagd is entitled to refuse entering into a purchase contract without giving any reason. For all orders applies a minimum order value of Euro 25.00 per order.

b) When purchasing via online trading, the customer visits the online shop on the AlpJagd webpage, selects the desired products, puts them in the shopping cart, enters the personal data (if they are new customers), selects the payment method, accepts these T&C by clicking the button „Terms and Conditions read and accepted,“ and concludes the purchase contract by clicking the button “order with payment.” Afterwards, the customer receives an order confirmation by e-mail. The purchase contract is considered as effectively concluded unless AlpJagd notifies the customer within one working day (e.g. within 24 hours between Monday and Friday excluding public holiday) that AlpJagd cannot or does not want to fulfill this purchase contract.

In case an ordered product is not on stock, the customer will be informed of this fact and the estimated delivery date. If the customer accepts the estimated delivery date, the product will be ordered by AlpJagd and sent to the customer immediately after its receipt. In case the customer does not accept the estimated delivery date, the purchase contract will not be concluded. The purchase contract is considered to be effectively closed latest as soon as AlpJagd sends products being on stock to the customer and in case they are not on stock as soon as the customer accepts the communicated estimated delivery date.

c) Orders can also be done verbally over the phone or in writing by post or e-mail. Since the customer chooses the product in the online shop on the webpage or in the product catalog or in other marketing materials, he is aware of the T&C published on the webpage or has been expressly informed of the validity of these T&C in the product catalog or in other marketing materials. In case of verbal orders, the customer will be reminded of the validity of these T&C during the phone call and in case of written orders once more in the invoice. Is the ordered product on stock, it will be sent to the customer as soon as possible. Is the product not on stock, the provisions of point 4, b apply.

d) When selling in the store in Altheim, the customer is comprehensively informed and advised by AlpJagd sales staff about the respective product. Depending on the concrete product, the customer also receives information materials. The purchase contract is concluded verbally on site as soon as the customer presents the product at the cashier and the staff member starts with the payment process for the product. The present T&C are clearly displayed in the check-out area and the entrance area of the store and therefore easily visible to the customer.

5. Payment modalities

a) When purchasing online, the customer can choose between paying via PayPal or with credit card. If the customer is already registered and all necessary data is available, payment can also be made by invoice. In this case, the customer will receive the ordered product together with the invoice and is obliged to pay the within maximum 14 days after the invoice receipt.

b) When ordering verbally or in writing, registered (existing) customers can pay by invoice. In this case, the customer will receive the ordered products together with the invoice and is obliged to pay within maximum 14 days after invoice receipt. A new customer can also pay by invoice, but only for an order value of up to Euro 300.00. If the order value exceeds Euro 300.00, the new customer can only pay in advance. AlpJagd is entitled to demand a deposit from the customer. In this case, AlpJagd will send to the customer the purchase price to be paid and the bank details in writing. As soon as the deposit or the entire purchase price has been received by AlpJagd, the products and the invoice will be sent to the customer.

c) When purchasing in the store, payment must be made immediately on site in cash or by EC-card or credit card. In this case, AlpJagd can also allow the customer to pay by invoice, but the customer has not legal right to get this.

d) In case of late payment, an interest of areas of 4% per year is agreed. Partial payments are in general not possible, but AlpJagd can allow partical payments in exceptional cases. For risk reasons, AlpJagd expressly reserves the right to require payment in advance from customers not being based in Austria. AlpJagd is entitled to charge a flat-rate reminder fee of Euro 5.00 for each written reminder. The customer is obliged to pay the collection costs and legal fees being necessary for AlpJag to collect its claims.

6. Delivery and retention of title

a) If the ordered products are on stock, AlpJagd is obliged to send them to the customers within latest on calendar week. If the ordered products are not on stock, AlpJagd untertakes to order them as soon as possible and to send them to the customer, as far as possible, within the communicated and from the customer accepted estimated delivery period.

b) Shipping to the customer takes place in the form of packages, which are generally sent via post or GLS. If the customer wishes a different or special shipping method, this is generally possible, but subject to payment of the associated costs. The costs of shipping and delivery are listed on the webpage of AlpJagd as general orientation. However, the shipping and delivery costs notified by AlpJagd to the customer after receipt of the product order are those being considered as agreed. This is necessary because the information necessary to determine the shipping and delivery costs such as the product weight, the required type of packaging, the destination country, or the shipping method are only available after receipt of the order. However, the customer is of course entitled to pick-up the products from the AlpJagd store in Altheim, Upper Austria.

c) The delivered and handed-over products remain the unrestricted property of AlpJagd until complete payment of the purchase price.

7. Warranty and liability

a) AlpJagd receives the products in their original packaging from their suppliers in the European Union or a third country. These products are stored unopened in the warehouse until they are either shipped to the customer or presented in the store of AlpJagd. If the products are shipped to the customer, the originally unopened packaging of the individual product will be supplemented with an overpacking by AlpJagd. The customer herewith expressly and affirmatively acknowledges that the products he ordered, and which are sent to him were not checked by AlpJagd.

b) The customer must examine the products after their receipt as soon as possible to check whether they comply with the order and whether there are defects. If the delivery does not correspond with the order, the customer must inform AlpJagd immediately in writing. AlpJagd will replace such products by other products fully corresponding with the order at its own costs. For this purpose, the customer will return the non-conforming products to AlpJagd at AlpJagd´s expense.

c) If the delivered products have a defect, the customer must inform AlpJagd in writing as soon as possible. The mandatory legal provisions in this regard remain unaffected. AlpJagd will primarily remedy the defect by replacing the product at its own costs. For checking the defect and possibly replacing the products, the customer must return these products to AlpJagd at AlpJagd´s expense. In most of these cases, it is not possible to improve the product. If an exchange and improvement are not possible, the customer is entitled to a reasonable price reduction and, if the defect is not just minor, alternatively also to cancel the purchase contract.

d) AlpJagd takes numerous measures to protect its own webpage and its entire IT system from cyber-attacks, viruses, trojans, etc. In case its webpage or IT system gets nevertheless attacked or completely fails, AlpJagd untertakes to take all possible measure, using economically reasonable means, to restore the full functionality of its webpage and IT system as quickly as possible.

e) AlpJagd´s liability for slight negligence for property damages is mutally excluded. Otherwise, the relevant legal provisions for warranty and liability apply.

8. Exchange of products

AlpJagd voluntarily grants its customers the right to exchange products purchased from AlpJagd for another product within 14 days of receipt. However, this voluntarily granted right of exchange applies only if the products are returned in the original packaging, unused, and undamaged. In case the now chosen product is more expensive, the customer must pay the difference to AlpJagd immediately on request. In case the now chosen product is more inexpensive, the difference will be credited to the customer as credit or if requested, transferred back the customer´s bank account. An exchange of products is excluded in the cases mentioned in point 9.2.c. AlpJagd also reserves the right to withdraw this voluntarily granted exchange right after prior notice at any time.

9. Right of withdrawal/revocation and return of products:

9.1 Customer´s right of withdrawal/revocation as consumer according to KSchG

a) If the costumer has not given his contractual declaration in the rooms used by AlpJagd for his business purposes or at a stand used by AlpJagd for his purposes in a market, he can withdraw from the contract or revoke his contractual declaration. This withdrawal/revocation must be declared within 14 days. The period begins on the day on which the customer comes into possession of the product.

b) The customer does not have the right of withdrawal/revocation, if he himself initiated the business relation with AlpJagd for the purpose of concluding the contract or if the conclusion of the contract was not preceded by a discussion between the parties involved. This also applies if the customer made his contractual declaration in the physical absence of AlpJagd unless he was pressured to do so by it. The declaration of withdrawal/revocation is not bound to any specific form. The withdrawal/revocation deadline is met if the declaration is sent within the deadline.

c) If the customer withdraws from the contract or revokes his contractual declaration, AlpJagd must on one hand – step by step – refund all services received and the customer must on the other hand return the products received and, if necessary, pay AlpJagd a reasonable compensation for the use of the product, including compensation for any associated reduction in the fair market value of the products. If it is impossible or impracticable to return the delivered products to AlpJagd, the customer must reimburse their value. Possible compensation for damages claims remain unaffected.

9.2 Customer´s right of withdrawal/revocation as consumer according to Distance Selling Act and Foreign Transaction Act

a) The customer is entitled to withdraw from a distance contract (entered into online or by phone, e-mail, or post) or from a contract entered into outside AlpJagd business premises within 14 days without giving any reasons. In case of a sales contract, the deadline begins on the day on which the customer acquires possession of the products. If the customer has ordered several products as part of a single order, but these products are delivered separately, the deadline begins on the day on which the customer takes possession of the last delivered product. The declaration of withdrawal/revocation is not bound to any form. The withdrawal/revocation period shall be deemed to have been observed if the declaration is sent within the above period.

b) If the customer withdraws from the contract or revokes his contractual declaration, AlpJagd must refund to the customer all payments made by the customer without delay, but at latest within 14 days of receipt of the declaration of withdrawal/revocation. AlpJagd is entitled to refuse repayment until it has either received the products back or the customer has provided proof of the return shipment. The customer must return the products received to AlpJagd without delay, but latest within 14 days of giving the declaration of withdrawal/revocation. The return deadline shall be deemed to have been met if the products are dispatched within the deadline. The direct costs of returning the products must be borne by the customer.

c) The customer has no right of withdrawal/revocation for products that have been individually manufactured for this customer according to customer specifications and that can spoil quickly, whose expiry date would be quickly exceeded, that have been delivered sealed and the seal has been removed, and for products that are not suitable for return for health protection or hygiene reasons. This also applies to the right of withdrawal/revocation in accordance with point 9.1.

9.3 Right of withdrawal of AlpJagd

a) AlpJagd is entitled to withdraw from the purchase contract if it becomes apparent after conclusion of the purchase contract that AlpJagd is unable to deliver the ordered products to the customer without own gross fault. This is the case e.g. if it is no longer supplied by the producer of the products for what reason ever or if the producer is unable to provide a delivery date. AlpJagd is also entitled to withdraw from the contract if the customer does not fulfill his obligations from the purchase contract in particular the payment of products despite a written demand and setting a grace period of 14 days.

b) In this case, the customer and AlpJagd are obliged to mutually return the respective services received to the other contracting party latest within 14 days after the declaration of withdrawal. The customer is obliged to compensate AlpJagd for the damage caused by them.

9.4 Exercising the right of withdrawal by the customer as consumer

Exercising the right of withdrawal is in principle not bound to a certain form. However, it must be a clear declaration with which the customer withdraws from a clearly defined contract.

This withdrawal has to be directed to:
AlpJagd Stranzinger Limited, Gewerbepark 1B, 4959 Altheim, Austria
Phone: 0043 (0)7723 42963
E-Mail: office@alp-jagd.at

The customer is entitled to use the following standardized withdrawal formulation for exercising his withdrawal/revokation right:

„To the AlpJagd Stranzinger Limited
Gewerbepark 1B
4950 Altheim

I herewith withdraw the purchase contract regarding the following product concluded by me on ………………………:

  • Product: ……………………………….
  • Ordered/purchased on: …………………………….…
  • Received on: ……………………………….
  • Name of consumer: ……………………………….
  • Address of consumer: ……………………………….
  • Place and date: ……………………………….
  • Signature of consumer
  • (if in paper form) ………………………………“

10. Data protection and secrecy

a) AlpJagd is obliged to strictly comply with all data protection laws and standards. AlpJagd has developed a comprehensive data protection concept and implemented it in its company. Further details on data protection can be found in the data protection declaration also published on the AlpJagd webpage (www.alp-jagd.at).

b) The customers herewith already expressly agree that AlpJagd is entitled and obliged to collect, store, if necessary, adapt and change personal data of the customers such as name, address, contact details, date of birth and bank details, to retrieve them and to transmit them to third parties to the extent necessary. These third parties are for example courts and tax consultants.

c) The customers herewith already expressly agree that their personal data will be stored in accordance with the statutory provisions and subsequently deleted. The customers may revoke this consent under data protection law at any time. In addition, the customers are entitled to obtain information about the data processing, to request correction, deletion, and restriction of the same, and in general to object to the data processing.

d) AlpJagd is obliged to treat all information, data, etc. made available to it in the context of the business relationship with the customers as strictly confidential and not to transmit or make it available to third parties. However, AlpJagd is entitled to make such information, data, etc. available to employees to the extent necessary. However, these employees must first be contractually bound to strict confidentiality. The confidentiality obligation shall apply for an unlimited period of time.

11. Others

a) In the event of any complaint, the customer is entitled to contact the AlpJagd Stranzinger Limited (address: Gewerbepark 1b, 4950 Altheim; phone: 0043 (0)7723 42963; e-mail: office@alp-jagd.at). No costs will be charged to the complainant for the handling of complaints.

b) Supplements and/or modifications of these T&C require the explicit written consent and signatures of both contracting parties. Notifications between the contracting parties require the written form unless these T&C determine something different.

c) If one or several provisions of these T&C become or are invalid, this does not affect the remaining provisions. The invalid provision will be replaced by an effective provision which is as close as possible to the economic purpose of the invalid provision.

d) The place of fulfillment is Altheim in Austria. The application of Austrian law is expressly agreed. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any legal disputes, the competent court at the registered seat of AlpJagd is agreed as the competent court. The contractual language is German.

e) The provisions of these TC& apply unless cogent law e.g. consumer protection law determines something different. 

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