Terms and Conditions
1. Scope
We base all business relationships – and all orders in our online shop in particular – on these Terms and Conditions of Delivery and Business (T&C) in the interests of ensuring orderly and fair relations with our customers. The T&C shall be deemed to have been agreed with us at the beginning of each business relationship. The inclusion of third-party terms and conditions or the customer’s contractual conditions customer is excluded, unless Alpine Naturprodukte GmbH has explicitly recognised their validity in writing. The written form requirement can only be waived by mutual agreement as expressed in a written declaration to this effect.
2. Contracting party
The contracting party to the customer is Alpine Naturprodukte GmbH, Anichstraße 19/13, A-6020 Innsbruck, Austria. Email: info (at) kaufhausderberge.at, fax: +43-5412-61262 Commercial register number: 250569 i Commercial register court: Regional Court Innsbruck VAT ID number ATU58091479
3. Conclusion of contract
The presentation of goods in our online shop does not constitute a binding offer. Where an order is placed in our online shop, you may temporarily save the goods you require – including details of the quantity of items – by clicking on the Add to Cart button in our shop system. You can view a list of your saved items by clicking on the My Cart button. The order process is continued by selecting the Go to Checkout button. The next step involves selecting the billing address, shipping address and payment method and entering the necessary payment details. If you select external payment services such as PayPal or Sofortüberweisung, you will be redirected to the payment service provider’s external website. Before the final order is placed, the relevant data is presented in an Order Overview. You now have the opportunity to review and, if necessary, to change the details in the order overview before sending your order to Alpine Naturprodukte GmbH by clicking on the Pay Now button. By clicking on Pay Now, you are placing a binding offer to purchase the goods you selected.
When we receive your order, we will immediately send a message by email confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your purchase offer, rather merely informs you that we have received your order. A purchase contract is only concluded when we ship the ordered product to you and confirm shipping to you in a further email (shipping confirmation). In the event that your order is shipped in more than one parcel, you may receive separate shipping confirmation for each parcel. In this case, a separate purchase contract is concluded between you and Alpine Naturprodukte GmbH for the products as detailed in each shipping confirmation.
It is also possible to conclude a purchase contract between you and Alpine Naturprodukte GmbH in the sales rooms of Alpine Naturprodukte GmbH or by telephone or letter. In this case, the offer to conclude a purchase contract is made by you. When Alpine Naturprodukte GmbH accepts this offer, a legally binding purchase contract is concluded between you and Alpine Naturprodukte GmbH. We explicitly point out that when orders are placed by telephone, liability will not be accepted for any misunderstandings and consequent incorrect deliveries.
4. Customer account
You are invited to create a customer account in our online shop. It is at your discretion to enter your preferred login credentials (email address, password). After registering your customer account, you can access your order details in the online shop under My Account. In all other cases, Alpine Naturprodukte GmbH will not store a copy of the contractual text when the contract is concluded. The content of the contract concluded between you and Alpine Naturprodukte GmbH shall then be based on the order confirmation sent by email and the declaration of acceptance or the email sent after conclusion of the contract.
5. Prices
The prices as quoted at the time of ordering shall apply. All prices are retail prices and include VAT but not any shipping costs or payment charges.
Despite our best efforts, it is possible that an incorrect price may be indicated for a product in our online shop. We check the prices when processing your order and before charging for payment. Where the incorrect price has been indicated for a product and the correct price is higher than the one shown in our online shop, we will – prior to proceeding with order processing – ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and ship the product to you.
6. Delivery
We take the greatest possible care when accepting and fulfilling your order. Unless otherwise agreed, delivery will be made to the delivery address stated by the ordering party. We would like to point out that all information in our online shop regarding the availability, shipping or delivery of a product is only an estimate and an indicative guide. These details shall not constitute any binding or guaranteed shipping or delivery date. In most cases our deliveries within Austria are made within approx. 3 to 5 working days from the order. Deliveries and orders within the European Union are possible within approx. 7 to 14 working days. We will do our best to assist you if you request delivery in a third country outside the European Union. Kindly take note that we only sell products in standard household quantities. This refers both to the number of products ordered as part of single order and to the placing of multiple orders for the same product, even if the individual orders are each for a standard household quantity. Once the goods have been handed over or delivered to the address as stated by the customer, we have fulfilled our obligation under the purchase contract and, in case of doubt, the purchase price shall be due immediately.
We will notify you without delay if delivery is not possible because the ordered goods are not in stock or if a delivery is delayed for other reasons. Either party shall be entitled to withdraw from the contract if the causes of delay persist for longer than 4 weeks after conclusion of the contract.
The customer shall bear the costs of unsuccessful delivery if delivery fails because the customer is not present at the delivery address they stated, although the delivery time was announced to the customer with a reasonable period of notice.
7. Shipping costs
You will find all information about the shipping costs and delivery times on this page.
8. Right of withdrawal for consumers
You will find all information withdrawal rights on this page.
9. Consequences of withdrawal
If you withdraw from this contract as a consumer, we shall, without undue delay, reimburse to you all payments received from you, including the costs of delivery (with the exception of additional costs incurred due to your choice of a delivery method other than the least expensive standard delivery offered by us), and in any event not later than fourteen days from the date on which we were notified of your decision to withdraw from this contract. Unless explicitly agreed otherwise with you, reimbursement will be provided by the same means of payment that you used for the original transaction; under no circumstances will you be charged any fees for this reimbursement. We may refuse reimbursement until you have returned the goods to us or have provided proof that you have returned the goods, whichever is earliest.
You must return or hand over the goods to us without undue delay and in any case within fourteen days at the latest from the date on which you notified us of your withdrawal from this contract. Dispatching the goods to us before the end of this fourteen day period shall be sufficient for compliance. You bear the direct costs of returning the goods.
You will only be charged for a depreciation in the value of the goods if this depreciation is due to handling the goods in a manner that would not be necessary to check their condition, properties and good working order. This includes, for example, an inspection as would have been possible in a retail outlet. In addition, you can avoid the obligation to pay compensation by refraining from using the items as if they were your property and by avoiding any actions that might impair their value.
10. Complaints
Where goods are delivered with obvious damage to the packaging or contents, we request the customer to open the parcel in the presence of the carrier so that damage can be reported immediately on site (transport insurance). You must also notify us, der Alpine Naturprodukte GmbH, without undue delay. Where the customer is a trader, they must inspect the goods upon receipt. Complaints concerning the quantity or packaging of goods and damage will only be legally effective if they are recorded in writing within one day. Where defects are identified at a later date, we must be notified without undue delay after their discovery. The goods shall otherwise be deemed accepted, despite the defect.
Warranty claims must be exercised within the statutory periods.
11. Rücksendungen
In the event of an effective withdrawal or complaint, you must return the goods without undue delay and in any case within fourteen days from the date on which you notified us of the return. The goods must be sent to the following address with a return note and in the original packaging:
Alpine Naturprodukte GmbH, Dorfstraße 40a, 6471 Arzl, Pitztal, Austria
The deadline is met if you send the goods before the fourteen-day period expires. Please ensure that you obtain confirmation of the return from the supplier and keep this confirmation safe until the goods have been credited to your customer account.
The customer bears the direct costs of returning the goods, in particular if they can be returned by regular mail. The return costs for consumers for goods that cannot be sent by parcel service are estimated at no more than €150. You are invited to coordinate the preferred shipping method with us in advance to avoid unnecessary costs (e.g. when transporting bulky goods).
12. Terms of payment
We accept advance payment, Sofortüberweisung, credit card or PayPal for orders that are placed in our online shop. Where payment is made by credit card, we will ship the goods once the transaction is complete. Advance payment transactions must be completed within one week, as we are otherwise unable to reserve the goods. Where we have agreed payment on account, you must settle the invoice without delay after receipt of the goods and no later than within 14 days. Payments by consumers will be deemed to have been made in good time if the bank transfer takes place on the due date. The customer is not permitted to offset counterclaims or exercise any rights of retention.
Statutory default interest for consumers or traders shall apply if you are in default of payment for any reason. If you are in arrears with the payment of even a partial amount, the entire purchase price shall immediately become due and Alpine Naturprodukte GmbH shall not be obliged to provide you with further services – including with regard to other contracts concluded with you – until the outstanding amount has been settled. Alpine Naturprodukte GmbH is entitled to withdraw from some or all contracts concluded with you in the event of default of payment.
As a customer, you undertake to reimburse Alpine Naturprodukte GmbH for all reminder and collection charges incurred due to late payment or that become necessary for legal action.
13. Retention of title
The delivered goods shall remain our property until all claims against the customer arising from the purchase contract have been settled in full.
14. Voluntary compliance clause
We would like to point out explicitly that we do not send alcoholic beverages to minors. By accepting the T&C during the order process, you confirm that you are over 18 of age and provide assurances that you are permitted to purchase alcoholic beverages. When selling alcoholic beverages, we reserve the right where necessary to withhold delivery until proof of age has been submitted. All shipping partners have been instructed to refrain from providing alcoholic beverages to minors. Alcoholic products will be returned to our warehouse in the event that the shipping partner does not encounter a person of legal age at the time of delivery.
15. Disclaimer of liability
Alpine Naturprodukte GmbH shall only be liable for damages caused by intent and gross negligence in connection with use of the online shop or legal transactions concluded with us by the customer. This does not apply to personal injury, product liability claims or consumer transactions. It applies also to indirect consequential damages, in particular to loss of profit. The customer must prove the existence of slight or gross negligence, unless it is a consumer transaction.
16. Place of fulfilment
For registered traders, the registered office of Alpine Naturprodukte GmbH, 6410 Telfs, shall be the place of delivery and payment and therefore the place of fulfilment for all obligations arising from the purchase contract.
17. Contractual language
German is explicitly agreed as the contractual and negotiation language. Alpin Naturprodukte GmbH undertakes in all cases to provide information, offer customer services and handle complaints in German.
18. Privacy
Alpine Naturprodukte GmbH uses the personal data provided by you (name, address, email address, telephone number, account details and other contact details) in accordance with the applicable provisions of Austrian data protection law.
All of your personal data will be treated confidentially as a matter of principle. The personal data required for business transactions and other data provided voluntarily is stored, processed and used electronically by Alpine Naturprodukte GmbH for the fulfilment of orders, to manage the customer relationship, deliver goods, process payments and to prevent bad debts. Where necessary, your personal data will be transferred to external service partners of Alpine Naturprodukte GmbH (e.g. shipping service providers or banks and financial services providers). Moreover, data is used exclusively for our own advertising and marketing purposes, for example to disseminate informative, customer mailings, promoting our services and/or recommendation advertising (also known as direct advertising). Alpine Naturprodukte GmbH may use your email address to send you promotional offers, unless you have objected to this use. Alpine Naturprodukte GmbH will obtain any necessary consent in advance. Furthermore, you will only be contacted by telephone for marketing purposes if you have given explicit consent.
You are entitled at any time to object to the use and processing of your data for our own advertising and marketing purposes with effect for the future by sending a message to this effect to
Alpine Naturprodukte GmbH, Anichstraße 19/13, A-6020 Innsbruck, Tyrol, email: info (at) kaufhausderberge.at, phone: +43-5412-64128 fax: +43-5412-61262.
You may also withdraw any consent you have issued for the use of your data, also with effect for the future.
Furthermore, you have the right at any time to obtain without charge information from Alpine Naturprodukte GmbH about the personal data stored concerning you (Article 15 GDPR) and, in accordance with Article 16 GDPR, to obtain the rectification or, in the case of unauthorised data processing in accordance with Article 17 GDPR, the erasure or blocking of individual personal data. You also have the right to obtain restriction of processing pursuant to Article 18 GDPR. For further information about our privacy policy, visit www.kaufhausderberge.at/datenschutz
19. Place of jurisdiction and applicable law
The place of jurisdiction for contracts with traders shall be exclusively the competent court at the registered office of Alpine Naturprodukte GmbH, 6020 Innsbruck. In regard to contracts with consumers from a Member State of the EU, the consumer may choose between the court at their habitual place of residence and the court at the registered office of Alpine Naturprodukte GmbH, 6020 Innsbruck. Austrian law shall apply to the exclusion of its conflict of law rules. The applicability of the Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
20. Online dispute resolution in consumer matters
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. Customers should be advised that participation in proceedings before a consumer arbitration board is voluntary. They can, of course, contact us directly with complaints by sending an email to info (at) kaufhausderberge.at.