GTC

General Terms and Conditions

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the website operator "Gipfelfreund" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone or e-mail.

2.3 The seller can accept the customer's offer within ten days,

• by sending the customer a dispatch confirmation in text form (fax or e-mail), whereby the receipt of the dispatch confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

2.4 If the payment method "PayPal Express" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Cancellation is no longer possible once the order has been placed. The statutory right of revocation according to §13 BGB and our revocation instruction applies .

2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.10 When ordering tobacco products, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him may accept the goods.

3) RIGHT OF REVOCATION

3.1 Consumers are generally entitled to a right of withdrawal in accordance with §13 BGB.

3.2 Products that come with a 30-day money-back guarantee can be refunded within 30 days of purchase without giving any reason. The right of withdrawal remains unaffected.

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from completion of the order. You must return the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The refund will be processed after the items have been received and checked at our return address.

3.3 Further information on the right of withdrawal can be found in the seller's withdrawal policy .

3.5 If the revocation is explained too late and the return shipment arrives late at the returns warehouse, the return shipment can be destroyed free of charge or, depending on the weight and size of the package, returned to the customer at the customer's expense.

3.6 The shipping costs incurred when registering a return shipment are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, which is why we cannot bear the additional return costs.

3.7 The goods registered by the customer for withdrawal must be returned to us complete and in as-new condition. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality. Used or damaged goods are excluded from withdrawal. 

3.8 A revocation and warranty service is excluded for products that are due to improper use of the products, wear and tear or wear and tear through use. These are not covered by our right of withdrawal or warranty services and cannot be claimed as such by the customer. 

3.9. The Customer acknowledges and agrees that any taxes, duties or fees incurred in connection with the return of purchased items are the sole responsibility of the Customer and not the Seller. In addition, the customer is responsible for the delivery costs associated with returning the item to the seller. This includes any shipping charges or costs associated with the return. By initiating a return, the customer agrees to bear these costs and understands that the seller is not liable for any such costs incurred in the return process.

4) PRICES AND TERMS OF PAYMENT

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. The customer is responsible for any additional fees incurred. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries or returns, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 You are responsible for reading the full product list before you purchase a product. By confirming your purchase, you agree to pay all applicable fees, taxes, shipping charges and other amounts associated with your purchase (shipping or return). In addition, you acknowledge that you are responsible for sales tax, VAT and customs duties, if applicable. You agree that you may act as the importer of record for the products purchased and hereby authorize us to appoint a carrier to act as your direct agent and pay sales tax, VAT and customs duties on your behalf. Please note that sales tax, VAT, duties and similar charges levied at the time of purchase are estimates and are subject to change depending on applicable law. If additional amounts are charged, you will be responsible for them. We are not liable if customs clearance of a product is delayed or denied because you have not paid these amounts. If a purchase is made pursuant to a shipping contract, risk of loss and title to the product will pass to you upon delivery of the product to the carrier.

4.5 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.6 When paying by means of a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. If the delivery address provided proves to be incorrect and the shipment cannot be delivered, the service shall nevertheless be deemed to have been rendered and the customer shall bear the delivery costs (depending on the weight and size of the package) for the unsuccessful shipment.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered. If the goods are returned, the customer undertakes to bear the transportation and delivery costs (depending on the weight and size of the parcel).

5.3 Self-collection is not possible for logistical reasons.

5.4 The delivery time can be found in our shipping information . The delivery times are estimates and may vary due to external factors (corona pandemic). In most cases, the order will reach the customer after 5-10 working days. In certain cases, the delivery time may take 45 days. All orders are shipped directly to the customer by our international business partners. Any customs duties incurred are the responsibility of the customer.

5.5 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, which is why we cannot bear the return costs.

5.6 If delivery to the customer is not possible, the goods will be stored in our warehouse for 3 days and can be delivered to the customer free of charge. If we do not receive a response confirming the address despite a request to do so, the customer must bear the storage and shipping costs incurred depending on the weight and size of the parcel. 

5.7 Delivery to Germany is free of charge. Delivery costs may be incurred for deliveries to other countries. These are displayed to the customer during the ordering process. By submitting the order, the customer agrees to the delivery costs.  

6) RETENTION OF TITLE

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) LIMITATION OF LIABILITY

The seller's liability is limited to a sum of €1000 for all operational activities. 

8) LIABILITY FOR DEFECTS (WARRANTY)

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 Notwithstanding the above, the limitation period for claims for defects for used goods is one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, and
• in the event that the seller has fraudulently concealed the defect.

8.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8.4 Defects in the goods caused by improper use of the products, wear and tear or wear and tear through use are not covered by our warranty for defects and cannot be claimed by the customer as defects.

9) REDEMPTION OF DISCOUNT CODES

9.1 Discount codes that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer can only be redeemed in the seller's online store and only during the specified period.

9.2 Discount codes can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount if a corresponding restriction results from the content of the discount code.

9.4 Discount codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one discount code can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the discount code. Any remaining credit will not be refunded by the seller.

9.7 If the value of the discount code is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The credit balance of a discount code is neither paid out in cash nor does it bear interest.

9.9 The discount code will not be refunded if the customer returns the goods paid for in full or in part using the discount code within the scope of their statutory right of withdrawal.

9.10 The discount code is only intended for use by the person named on it. The discount code may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective discount code holder.

10) APPLICABLE LAW

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11) ALTERNATIVE DISPUTE RESOLUTION

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.