§ 1 Scope
(1) The following General Terms and Conditions are part of any contract between The Wild Alps GmbH, Hauptstrasse 25, 9436 Balgach, Schweiz, business location in said place (hereafter: NARTU) and the customer.
(2) NARTU shall render its performances solely on the basis of these general terms and conditions.
§ 2 Conclusion of contract
(1) The presentation of the goods on the internet, in particular, does not constitute a binding offer by NARTU.
(2) By sending the order the customer submits a legally binding offer to purchase the products in the shopping basket and agrees to these GTC. A binding contract shall not be entered before NARTU confirms the offer in writing or delivers the goods.
(1) NARTU shall use the personal data informed by the customer (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of the Austrian Data Protection Act.
(2) These data are no longer available for further use. Furthermore, these personal data will be deleted unless the customer explicitly agreed with the further processing and use of his data. If the customer agrees, he can enquire about his data stored at NARTU at any time and have this data changed or deleted; the customer may withdraw this consent at any time.
(3) If the customerwishes further information or requests the deletion of his data, our support team can be contacted by e-mail at firstname.lastname@example.org
§ 4 Terms of delivery
(1) Unless agreed otherwise in writing, any delivery shall take place ex warehouse. The goods shall be delivered at the expense and risk of the customer, unless otherwise provided for in the policy for delivery costs.
(2) Should additional delivery charges accrue for NARTU due to the indication of an incorrect delivery address or an incorrect addressee, these charges shall be compensated for by the customer unless he/she is not responsible for the incorrect information.
§ 5 Terms of payment
(1) The purchase price will become due immediately on the conclusion of the contract. The costumer is required to pay all amounts charged without deduction not later than 14 days after receipt of the demand for payment. Alternatively, it is possible to pay by means of credit card at conclusion of the contract or on delivery.
(2) All prices have to be understood including the legal sales tax.
(3) All delivery costs, particularly packing, carriage, transport insurance, and deliveries are carried out at the expense of the customer, unless not otherwise agreed in writing. All prices and auxiliary costs shall be calculated according to the price lists at NARTU at the time of provision and the assignment of shipment.
(4) In cases of delayed payment, the customer is obliged to pay default interest in the amount of 5 percentage points above the basic rate to NARTU, if he is a consumer (S. 13 BGB, German Civil Code). If the customer is an entrepreneur (S. 14 BGB, German Civil Code), Section 5 (5) sentence 1 applies subject to the provision that the interest for unpaid amounts shall be charged at a rate of 8 percentage points above the basic interest rate.
(5) Independent of § 5(4), NARTU remains at liberty to prove and claim also a higher default damage and other damages.
(6) The client only has the right to offsetting if his counterclaims are undisputed or have been established as legally binding.
(7) Orders from launch customers exceeding the amount of EUR 250 are made exclusively against prepayment or cash on delivery.
§ 6 Reservation of title
The delivered good shall remain the property of NARTU until full payment has been received.
§ 7 Warranty
(1) In respect of the warranty the legal regulations shall apply, unless contrary agreements have been provided in S. 7 (2-3).
(2) The warranty period shall be 24 months from the date of handing over of the purchased items, unless a shorter expiration date is stated.
If the customer is an entrepreneur (S 1 (1) s. 1 KSchG, German Civil Code), the period is 12 months as of handing over of the items, unless a shorter expiration date is stated.
(3) For entrepreneurs, the legislations and the obligations to inspect and lodge complaints according to the UGB shall apply.
§ 8 Cancellation policy
Information on the right of cancellation and instructions:
You can return the received merchandise without stating reasons within two weeks by sending back the merchandise.
The following cancellation policy applies to contracts for goods that can be sent by post as a package.
Cancellation policy for goods that can be sent by post as a package
As a consumer, you have the right to rescind this contract within 14 days without stating reasons. The revocation period is fourteen days and begins on the day on which you or a third party other than the carrier nominated by you has or have, respectively, taken possession of the last goods.
To exercise your right of withdrawal, you have to inform us,
The Wild Alps GmbH, Hauptstrasse 25, 9436 Balgach, Switzerland , email@example.com
about your decision to withdraw from the contract by means of a clear statement (e.g. by means of a letter sent by post or by e-mail).
For this, you can use our sample withdrawal form, which is, however, not mandatory. To observe the revocation period it is sufficient for you to dispatch the communication concerning the exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you rescind this contract we shall reimburse any payments we received from you, including the delivery costs (with the exemption of additional costs that will resultfrom the fact that you chose a different way of delivery than the cheapest standard delivery offered by us), immediately and within forteen days at the latest from the day on which we were notified of your withdrawal from the contract. For reimbursement we shall use the same payment method used by you for the original transaction, unless specifically agreed otherwise with you; under no circumstances you will be charged in connection with this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have proven that you have returned the goods, whichever is the earliest.
You shall return the goods immediately and, in any case, within fourteen days at the latest from the day you notified us of your withdrawal from the contract, to our EU depot, NARTU AG c/o Cargo Care GmbH, Augartenstrasse 27, A-6890 Lustenau (Austria). The deadline is met if you return the goods prior to the expiry of the deadline. The direct cost of returning the goods shall be borne by you.
Contracts for delivering goods that are not standard and for the production of which an individual choice or specification has to be made by the costumer or that are clearly tailored to the personal needs of the customer cannot be withdrawn.
The right of withdrawal does not apply to the following contracts:
- Contracts for delivering goods that are not standard and for the production of which an individual choice or specification has to be made by the costumer or that are clearly tailored to the personal needs of the customer,
- Contracts for delivering goods that can perish quickly or whose best before date would be exceeded in short time,
- Contracts for delivering goods that are sealed and that are not suited for return on the grounds of health protection or for hygienical reasons, if they have been unsealed after delivery,
- Contracts for delivering goods that were, by reason of their nature, inseparably mixed with other goods after delivery,
- Contracts for the supply of alcoholic beverages, the price of which was agreed on upon conclusion of the contract, which can, however, be delivered no earlier than 30 days following conclusion of the contract and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader,
- Contracts for the supply of sound and video recordings or computer software in a sealed package that has been unsealed after delivery,
- Contracts for the supply of newspapers, periodicals or magazines with the exeption of subscription contracts.
Click here for downloading a sample withdrawal form.
End of the information about rights of withdrawal
§ 9 Cost paying agreement
In case of exercising your right of withdrawal, you have to bear the costs of return if the delivered goods correspond to the ordered ones and if you have not yet effected payment or partial payment as agreed upon in the contract by the time of withdrawal.
§ 10 Limitation of liability
(1) Except for any damages caused by injury to life, body and health, NARTU shall only be liable with regard to damages caused intentionally or grossly negligent. This also applies for indirect consequent damage, e.g. in particular lost profit.
(2) With the exemption of intentional or grossly negligent behaviour or damages caused by injury to life, body and health, liability is limited to the reimbursement of foreseeable damages typically appearing upon conclusion of the contract and shall not exceed the average amount typical under this kind of contract. This also applies for indirect consequent damage, e.g. in particular lost profit.
(3) The limitations of liability set out in paragraph 2 and 3 shall apply accordingly to the benefit of employees and vicarious agents of NARTU.
(4) Claims for a liability due to the product liability law remain unaffected
§ 11 Closing provisions
(1) The law of the Principality of Liechtenstein shall apply with the exclusion of UN purchasing law.
(2) Place of performance shall be that of the registered office of NARTU.
(3) Any possible disputes regarding this contract are under the jurisdiction of the Executive Court of Lichtenstein.
(4) If individual provisions of these terms and conditions are declared to be void or conflict with legal provisions, the rest of the contract remains unaffected.Thecontracting parties shall replace the invalid clause by mutual agreement by a clause which approaches as nearly as possible the economic intention and purpose of the invalid clause in a legally effective way.The above provision shall also apply in case of an omission.
(5) If these terms and conditions are translated, solely the wording of the German version shall be binding; a translation is for information purposes only. Likewise, in questions of interpretation the German version shall prevail.