Terms and Conditions with Customer Information

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Special Conditions for the Processing of Goods According to Customer Specifications
Special Conditions for Installation/Assembly Services
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of Kletterkultur GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or business (hereinafter referred to as "Customer") concludes with the Seller concerning the goods displayed in the Seller's online shop. The inclusion of the Customer’s own terms is hereby objected to unless otherwise agreed.

1.2 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. A business, within the meaning of these Terms, is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail.

2.3 The Seller may accept the Customer's offer within five days by:

sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after dispatch of their order in text form (e.g., e-mail, fax, or letter). The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account by entering the corresponding login data.

2.5 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser’s enlargement function, with which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 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 them 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 third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs that may be incurred will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise 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 arise in relation to the transfer of money 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 options will be communicated to the Customer in the Seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the order processing of the Seller is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, the regulations specified in the Seller's cancellation policy shall apply if the right of withdrawal is effectively exercised by the Customer.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

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

7.2 Deviating from this, the following shall apply to used goods: Defect claims are excluded if the defect occurs after one year from the delivery of the goods. Defects occurring within one year of the delivery of the goods can be asserted within the statutory limitation period. The shortening of the liability period to one year does not apply

to 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
if the Seller has fraudulently concealed the defect.

7.3 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller. If the Customer fails to comply, this shall have no effect on their statutory or contractual defect claims.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all contents required for processing, such as texts, images, or graphics in the file formats, formats, image, and file sizes specified by the Seller and grant them the necessary rights of use. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that they are entitled to use the contents provided to the Seller. In particular, they ensure that no third-party rights are infringed, including copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Seller against claims of third parties that these may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content. The Customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. This does not apply if the infringement is not the responsibility of the Customer. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of claims and a defense in the event of a claim by third parties.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular in the event of the transmission of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, or violence-glorifying content.

9) Special Conditions for Installation/Assembly Services

If, according to the content of the contract, the Seller owes not only the delivery of goods but also the installation or assembly of the goods at the Customer's premises and, if necessary, corresponding preparatory measures (e.g., measurement), the following shall apply:

9.1 The Seller provides its services at its own discretion or through qualified personnel selected by the Seller. In doing so, the Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer is not entitled to select a specific person to perform the desired service.

9.2 The Customer must provide the Seller with the complete and truthful information required for the provision of the service owed, unless the procurement of such information is not part of the Seller's obligations according to the contract. The Customer must also inform the Seller immediately of all events and circumstances that are significant for the provision of the service owed. This also applies to the occurrence of further circumstances only known during the service provision.

9.3 The Customer must provide the Seller with access to the facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.

10) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on international sales of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer acts as a business, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is entitled in any case to appeal to the court at the Customer’s seat.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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 involving a consumer.

12.2 The Seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration board.