The company Skibaumarkt, Joseweg 3, 87459 Pfronten, Germany, carries out your order on the basis of the following General Terms and Conditions (GTC).
The English terms and conditions version has been generated using a translation software. The German version is authoritative. We diclaim liability caused by mistranslation for the entire website of skibaumarkt.de
General terms and conditions with customer information
The following T & Cs also contain legal information on your rights under the rules on contracts for distance sales and e-commerce.
1. Area of Application
1.1. For the business relationship between < Skibaumarkt, Joseweg 3, 87459 Pfronten > (Below “Seller”) and the Customer (Below “Customer”) shall be subject exclusively to the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints from 9 am to 6 pm on the telephone number 08363/2640374 as well as by e-mail at email@example.com
1.3. Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can not be predominantly attributed to his commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and services
2.1. The presentation of the products in the online shop is not a legally binding offer, but a request for an order. Performance descriptions in catalogs as well as on the websites of the seller have not the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks last, unless otherwise stated. Errors and omissions are reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the [in the basket] button in a so-called shopping basket. Afterwards, the customer can go to the end of the ordering process via the [Continue Checkout] button within the shopping cart.
3.2. Via the [Buy] button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the function “print” (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days Has confirmed to the customer within two days with a second e-mail, express order confirmation or delivery of the invoice.
3.4. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If, despite the due date, the payment has not been received by the Seller up to 10 calendar days after the order has been sent, the vendor will terminate the contract with the result that the order has lapsed and the seller does not make a delivery obligation. The order is then completed for the buyer and seller without further consequences. A reservation of the article with prepayment payments therefore takes place for a long time for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller will charge shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
4.3. If you pay with Paypal, an online processing fee of 2% will be charged.
5. Delivery, product availability
5.1. If advance payment has been agreed, delivery will be made upon receipt of the invoice amount.
5.2. Should not all ordered products be in stock, the seller is entitled to partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Possibly. Payments will be reimbursed to the customer without delay.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier without his own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to deliver a comparable product, the seller will immediately refund the customer already compensated.
5.5. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries to specific countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods within the framework and before the completion of the order process. Customers are informed about the available funds on a separate information page.
6.2. If payment is possible by invoice, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with the payment processing, e.g. Paypal. Their general terms and conditions of business apply.
6.4. If the payment is due according to the calendar, the customer is already in default by default. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer ‘s obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Property reservation
The goods delivered remain the property of the vendor until full payment has been received.
8. Guarantee of Quality and Warranty
8.1. The warranty is determined by law.
8.2. There is a guarantee for the goods supplied by the seller only if this has been expressly given. Customers are informed about the warranty conditions before the initiation of the ordering process.
9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Save the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address specified by him. With the order confirmation, the customer also receives a copy of the terms and conditions, including instructions for revocation and the instructions on shipping costs as well as terms of delivery and payment. If you have registered in our shop you can see your orders placed in your profile area. We also store the text of the contract but do not make it available on the Internet.
11. Data protection
11.1. The seller processes personal data of the customer according to the legal requirements.
11.2. The personal data (such as name, e-mail address, address, payment data) for the purpose of ordering goods are used by the vendor to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, on request, to receive information about the personal data that has been saved by the seller about him. In addition, he has the right to correct incorrect data, to block and delete his personal data, insofar as no statutory retention requirement exists.
11.4. For further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller, please refer to the data protection statement.
12. Jurisdiction, Applicable Law, Contractual Language
12.1. Jurisdiction and place of performance shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a public special fund.
12.2. The contract language is German.
This data protection declaration clarifies the nature, extent and purpose of the collection and use of data of visitors and users ( below collectively referred to as “users”) by < Skibaumarkt, Georg Hochkofler, Joseweg 3, 87459 Pfronten, firstname.lastname@example.org> below “provider”) as a data protection authority.
If you have any questions regarding data protection, you can contact us by phone on 08363/2640374 from 9 am to 6 pm and by e-mail at email@example.com
Collection of access data
The provider collects data about every access to the online offer (so-called server log files). The access data include name of the retrieved web page, file, date and time of the retrieval, transmitted data volume, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL, the IP address and the requesting provider .
The provider uses the log data without assignment to the user of the user or other profile creation according to the legal regulations only for statistical evaluations for the purpose of operation, security and optimization of the online offer. However, the provider reserves the right to check the log data subsequently if there is a reasonable suspicion of unlawful use.
Collection and use of personal data
Personal data are collected and used by the provider only if this is legally permitted or the users consent to the data collection. As a rule, it is recognizable for users when using the service which data are stored, such as name, e-mail address and message when using the order form.
The personal data (such as name, e-mail address, address, payment data) for the purpose of ordering goods are used by the vendor to fulfill and process the contract. These data are treated confidentially, transmitted in encrypted form and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
When contacting the provider (via contact form or e-mail), the user’s data are stored for the purpose of processing the inquiry as well as in the event that connection questions arise.
The provider has undertaken organizational, contractual and technical security measures to ensure compliance with the provisions of the Data Protection Act and to prevent accidental or deliberate manipulation, loss, destruction or access by unauthorized persons.
Data forwarding to third parties
The data of the users are only forwarded to third parties, if this is legally permitted or a user has consented to the forwarding.
This is, for example, the case when the data is passed on to fulfill the contractual obligations against the user and the postal address is transferred to a forwarding company after a shop order. Or if the data are requested by competent authorities such as law enforcement agencies.
The personal data of the users are by no means sold or passed on to third parties for advertising purposes or for the purpose of creating user profiles.
The provider uses “cookies” as part of his online offer. Cookies are small files, which can be stored on the user’s computer and can store information for providers. Temporary cookies are deleted after the browser is closed, persistent cookies are kept for a certain period of time, and can be made available when the online offer is accessed again.
Cookies are used on the one hand to facilitate the use of the service. For example, a cookie saves a user’s war basket status.
Information by newsletter
E-mails with promotional information about the provider as well as its services are only sent with an explicit consent of the users. Users can at any time object to receiving the newsletter. A contradiction possibility is found, among other things, In any e-mail.
Prior to sending the newsletter, the e-mail holder receives a confirmation e-mail in which he must confirm the newsletter registration. Unauthorized registrations are automatically deleted within four weeks at the latest.
Non-commercial information includes news in the context of the contractual relationship with the user. This includes the sending of technical information, information on payment processing, queries on orders and similar messages.
Users can subsequently request the removal from the notification list by e-mail to the above mentioned contact options.
In the course of the registration, the provider saves the user’s login, confirmation, and IP address. The provider is legally obligated to log the registrations in order to prove a proper registration.
The provider uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses so-called “cookies”, text files which are stored on users’ computers and which allow an analysis of the use of the website by you. The information generated by the cookie about the use of this website by the users is generally transferred to a Google server in the USA and stored there.
However, in the case of the activation of the IP anonymisation on this website, the IP address of the users of Google will be previously abridged within Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the users to compile reports on the website activities and to provide other services related to the website usage and the internet usage against the website operator.
The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; The provider, however, advises the user that in this case, you may not be able to fully utilize all the functions of this website. In addition, users may prevent Google’s processing of the data (including your IP address) generated by the cookie and the use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link Download and install: http://tools.google.com/dlpage/gaoptout?hl=en.
Using Facebook Social Plugins
Social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), are used on this website. The plugins are visible on one of the Facebook logos (white “f” on a blue tile or a “thumb up” sign) or are marked with the addition “Facebook Social Plugin”. The list and the appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
When a user calls a web page of this online offer that contains such a plugin, his browser builds a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user’s browser and integrated into the website by the browser. The provider has therefore no influence on the extent of the data that Facebook is using this plugin and therefore informs the users according to their knowledge: By incorporating the plugins, Facebook is informed that a user has called the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If a user interacts with the plugins, for example, pressing the Like button or making a comment, the relevant information will be sent directly to Facebook by Facebook and stored there. If a user is not a member of Facebook, there is the possibility that Facebook will find and save his IP address. According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the rights and settings for the protection of the privacy of the users, can be found in Facebook’s privacy statement: https://www.facebook.com/about/privacy/ .
If a user is a Facebook member and does not want Facebook to collect data about him through this online offering, and to link to his or her member data stored on Facebook, he must log out of Facebook before visiting the Internet presence and delete the appropriate Facebook cookies. It is also possible to block Facebook social plugins with add-ons for the browser, for example with the “Facebook Blocker”.
+1 Google+ button
In this offer, the buttons of the Google+ social network (e.g., “+1” button) operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”) are used. When a user visits a web page of this online offer that contains such a button, the browser establishes a direct link to Google’s servers. The content of the buttons is transmitted by Google directly to its browser and is integrated into the website. Therefore the provider has no influence on the extent of the data that Google collects with the buttons.
According to Google no personal data are collected without a click on the button. Only when members of Google+ are logged in, such data, including the IP address, are collected and processed. The purpose and scope of the data collection and the further processing and use of the data by Google, as well as the rights and preferences of the users to protect your privacy, can be found in Google’s Privacy Notice on the “+1” button: http://www.google.com /intl/en/+/policy/+1button.html and the FAQ: http://bit.ly/r3Qmer. If a user is a Google+ member and does not want Google to collect data about him through this Internet presence and link it to your member data stored on Google, the user must log out of Google Plus before visiting this site and Google’s cookies within the browser Erase.
Use of Twitter buttons
The Twitter service buttons are used on this website. These buttons (e.g., “twists” or “sequences”) are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.
Use the Pinterest buttons
The buttons (“Pin It”) of the service Pinterest, http://pinterest.com, are used on this offer. With the help of the buttons it is possible for the users to share the articles of the provider on their “Pinterest Boards”.
When a user visits a Web page that contains a “pin it” button, his browser connects directly to Pinterest’s servers. The content of the “Pin It” button is sent by Pinterest directly to the user’s browser. The provider therefore has no influence on the extent of the data that Pinterest collects with the help of the “Pin It” button and informs the user according to his knowledge. After this, only the IP address of the user as well as the URL of the respective web page is transmitted, but only for the purpose of displaying the “Pin It” button and sharing the content. For more information, visit the Privacy Statement at Pinterest at http://pinterest.com/about/privacy/.
Revocations, changes, corrections and updates
The user has the right, on request, to receive free of charge information about the personal data that was stored by the provider about him. Contact details can be found in the provider’s imprint.
In addition, the user has the right to correct incorrect data, blockage and deletion of his personal data, in so far as no statutory retention requirement exists.
Changes to data protection
Belehrung über das Widerrufsrecht für Verbraucher
Right of Revocation Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed predominantly to their commercial or self-employed occupation. Right of revocation You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. In order to exercise your right of revocation you must revoke this agreement by means of a clear declaration (eg a letter or e-mail sent by mail) to Skibaumarkt, Georg Hochkofler, Joseweg 3, 87459 Pfronten, firstname.lastname@example.org, inform. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of the revocation If you revoke this agreement, we have paid you all the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have a different type of delivery than the one offered by us, Most favorable standard delivery), to be returned immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days. They bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods. If you wish to revoke the contract, please send a letter with the following details to Skibaumarkt, Georg Hochkofler, Joseweg 3, 87459 Pfronten, email@example.com – I / we (*) hereby revoke the / us (*) / Received on (*) – name of the consignee (s) – the address of the consumer (s) (S) – Signature of the consumer (s) (only for communication on paper) – Date —————————– ———- (*)
Exclusion or premature termination of the right of revocation
The right of revocation does not exist in the case of contracts – for the supply of goods which are not prefabricated and whose production is subject to an individual selection or provision by the consumer or which are clearly tailored to the personal needs of the consumer; – for the supply of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
The modalities mentioned in this section “Returns” are not a prerequisite for the effective exercise of the right of withdrawal pursuant to Art. The section “Teaching about the Right of Revocation for Consumers”. Customers are asked to notify the return at the seller before return, Skibaumarkt, Georg Hochkofler, Joseweg 3, 87459 Pfronten, firstname.lastname@example.org to announce the return. In this way, they enable the vendor to assign the products as quickly as possible. Customers are asked to return the goods as a prepaid package to the seller and to keep the receipt document. The seller shall reimburse the customer in advance the portokosten, if these are not to be borne by the buyer itself. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in original packaging with all accessories. If the original packaging is no longer owned by the purchaser, another suitable packaging should be used to ensure adequate protection against transport damage and to avoid possible claims for damages due to poor packaging.