GENERAL TERMS AND CONDITIONS
The version of these General Terms and Conditions valid when the order is placed shall apply exclusively to all deliveries from the ORTOVOX online shop to customers (hereafter the “Customer(s)”).
The Customer is a consumer if they are a natural person who concludes a legal transaction for purposes that can be primarily attributed to neither a trade nor a profession. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is acting in the exercise of their trade or profession. The ORTOVOX online shop is aimed exclusively at businesses with turnover up to the relevant country-specific thresholds at which a small business would need to be registered for VAT. Orders from companies that do not meet this condition and/or orders where a VAT ID no. is provided are not possible. ORTOVOX business customers (e.g. dealers) are subject to separate business conditions; these can be requested from customer services.
Deliveries from the ORTOVOX online shop take place within the EU.
2. Contracting parties, customer service
The purchase agreement is concluded with Ortovox Sportartikel GmbH, Rotwandweg 5, 82024 Taufkirchen, (hereafter “ORTOVOX”).
Should you have any questions or complaints, you can contact ORTOVOX customer services between 9 a.m. to 12 a.m. and 1 p.m. and 5 p.m. Monday to Friday on telephone number: +49 (0) 89 66674-0 or by email at: email@example.com.
3. Deviating terms
Terms imposed by the Customer that deviate from these General Terms and Conditions shall not be acknowledged, unless ORTOVOX expressly agrees to application of such in writing.
4. Offer and conclusion of contract, order process
The customer can select backpacks, mountainwear, avalanche emergency equipment and other products from the ORTOVOX range.
The “Add to Shopping Cart” button allows Customers to put their desired items in a virtual shopping basket. Products can be removed from the cart at any time by clicking the “Remove Item” button. Selected products can be purchased by clicking “Proceed to Checkout”. By clicking “Buy”, the customer makes a legally binding commitment to purchase the goods in the shopping cart.
Customers can view and modify the information they have entered at any time before completing the order to binding effect. In addition, all entries are displayed once more in a confirmation window before binding placement of the order, and can be corrected using the usual keyboard and mouse functions.
Orders can only be placed and transmitted once Customers have placed a check against the General Terms and Conditions. Customers shall be informed of their statutory right of withdrawal, availability of products, delivery times and accepted payment methods before they submit an order. If an item is not available, the Customer has the option to be informed of availability by email.
Receipt of the order is confirmed in an automated
email (confirmation of receipt) immediately after the order is submitted. ORTOVOX will issue a declaration of acceptance in the form of a second email (shipping confirmation).
The purchase agreement shall enter into effect with the issue of the declaration of acceptance (shipping confirmation) by ORTOVOX. The Customer’s order is set out once more in the confirmation of order.
ORTOVOX reserves the right to withdraw from the purchase agreement in the event that a consumer has acted in the exercise of commercial or self-employed activity. Furthermore, ORTOVOX also reserves the right to verify customer details if the scope of the order is not compliant with normal household quantities.
The order confirmation is decisive for the content and scope of the contract. Auxiliary agreements, changes, supplements etc. require separate confirmation, which shall be sent in a separate email.
5. Price and terms of payment
All specified prices include the respective statutory value added tax.
Shipping charges are calculated on a flat-rate basis by country. Further information about precise shipping charges can be found here.
The purchase price and shipping costs shall be clearly indicated to the Customer once again on the order page, in the order confirmation and on the invoice.
Customers can choose between the various methods of payment offered during the order process: Payment by PayPal or credit card (VISA and Master Card is accepted).
For the following payment methods: PayPal and credit card: the purchase price, including shipping costs, shall be due for payment immediately upon conclusion of contract.
Offsetting by the Customer shall only be permitted if its claim is undisputed or has been established under law.
An electronic invoice will be sent with the shipping confirmation. Customers can print out the invoice at any time using the “Print” function.
6. Voucher codes from ORTOVOX
The following additional rules apply in the case of deliveries to Customers with an ORTOVOX voucher code who enter this code during the order process:
ORTOVOX voucher codes are codes that entitle the customer to a discount in the ORTOVOX online shop. The discount is applied in the form of a percentage (%) reduction or absolute reduction (e.g. 10 euros off the final price). ORTOVOX voucher codes can be distributed as part of a general campaign or issued individually. An individually issued ORTOVOX voucher code is non-transferable. Redemption of ORTOVOX voucher codes may be dependent upon a minimum purchase value.
ORTOVOX voucher codes may only be redeemed at the ORTOVOX online shop. The ORTOVOX voucher code specifies whether it is a one-off code. Only one ORTOVOX voucher code is possible per purchase. An ORTOVOX voucher code may not be combined with other offers or campaigns. Cash reimbursement to the value of an ORTOVOX voucher is not possible.
The ORTOVOX voucher code’s validity period is stated on the voucher. The voucher can no longer be redeemed after this date.
Further details are contained in the individual campaign terms and conditions or voucher codes.
The ORTOVOX voucher code will not be refunded if goods are returned in part or in full.
The ORTOVOX voucher code can only be redeemed prior to completion of the order process. It is not possible to apply a voucher code after ordering.
It is not possible to combine several ORTOVOX voucher codes together, unless we have agreed to such.
If you used an ORTOVOX voucher code when making your purchase, we reserve the right to charge you the original price of the goods you are keeping, in the event that – on account of your withdrawal or of the voluntary returns policy – the overall value of the order falls below or is equal to the value of the ORTOVOX voucher code.
7. Purchase on account
In cooperation with heidelpay GmbH, we offer you the payment option purchase on account. Purchase on account means you never have to reveal your account details and you pay only when you have received the goods. Items purchased on account cannot be delivered to an address different to the billing address. We appreciate your understanding in this matter. If you select the payment on account option, you will receive the goods first and then have 14 days to make the payment. Further information and the T&Cs of heidelpay GmbH are available here.
8. Delivery, handover of goods
Delivery is only possible within the EU. Goods shall be shipped by DHL or DHL Express. ORTOVOX does not offer a collection option.
ORTOVOX shall bear the shipping risk for ordered goods if the Customer is a consumer. If the customer is an entrepreneur, the delivery takes place at its own risk.
Shipping of items is generally within two (2) working days (i.e. Monday to Friday, excluding Bavarian public holidays) following dispatch of the order confirmation. The delivery time up to receipt of the item depends upon the country of delivery and will be communicated during the order process based upon empirical values once country of delivery details are submitted. In individual cases, e.g. peak season, there may be delays, in which case Customers will be informed. Information concerning delivery schedules does not represent legally binding or guaranteed dates for shipping or delivery. Handover of goods shall be by delivery to the address specified by the Customer.
If an ordered product is not available, ORTOVOX will inform the Customer prior to completion of the order. The customer can be informed of availability of goods by email.
If delivery is delayed for more than two weeks, the Customer has the right to withdraw from the contract. In this case, ORTOVOX shall also be entitled to annul the contract. Any payments made by the Customer will be refunded by ORTOVOX without delay.
9. Retention of title
The delivered goods shall remain the property of ORTOVOX until full payment has been made.
10. Statutory warranty rights
The statutory liability for defects shall apply to contracts with consumers.
ORTOVOX takes no responsibility for options selected by the user, such as order quantity or product type.
For technical reasons, deviations in the ordered or delivered goods, particularly in terms of material and color, are reserved.
Any additional warranty exists only if this was stipulated in the order confirmation for the relevant product.
Customer claims to damages are excluded. This shall not include Customer claims to damages based on injury to life and limb, violation of material contractual obligations, or liability for other damage caused by a deliberate or grossly negligent violation of duty by ORTOVOX its legal representatives or its vicarious agents. Material contractual obligations are those that are necessary for fulfilment or achievement of the purpose of the contract.
In the event of violation of material contractual obligations, ORTOVOX shall only be liable for foreseeable damage typical for the contract if caused through simple negligence, apart from in the case of Customer claims to damages based on injury to life and limb.
The limitations shall also apply in favor of the supplier’s legal representatives and vicarious agents if claims are asserted directly against the same.
If the customer is an entrepreneur in accordance with § 14 of the BGB [German Civil Code], the warranty period is twelve (12) months. In the case of contracts concluded with consumers in accordance with § 13 of the BGB [German Civil Code], the warranty period is two (2) years from receipt of the goods.
The provisions of the German Product Liability Act shall remain unaffected.
11. Voluntary returns policy
In addition to your statutory rights (see no. 12) we provide the following voluntary returns policy:
You may return the goods to ORTOVOX within 30 days of receipt, provided the goods are complete and in the same condition as when they were received, and provided none of the grounds for exclusion apply. Underwear and socks are excluded from this returns policy on the grounds of health and hygiene.
For returns, please use our online returns form.
If you return goods in compliance with this voluntary returns policy, we will refund the purchase price of the goods but not the shipping costs of your original purchase. In addition, you will bear the transportation risk and return shipping costs.
Should, as a result of the return, the overall value of the original order fall below the threshold for free shipping, we reserve the right to charge you standard delivery shipping costs (DHL standard delivery).
In the event of any deterioration or loss in value of the goods, you may be obliged to pay compensation. You can avoid any obligation to pay compensation by refraining from doing anything that may cause depreciation of the value of the goods, and by refraining from treating the goods as your own property. Otherwise, you should only try on or check the goods in a manner that would have been possible in a shop. The goods must be complete and in the same condition as they were found upon receipt; furthermore, the goods must not have been used, soiled or washed. Please note: product packages, such as protective bags, constitute a part of the ordered goods. It may cause significant deterioration of the goods if these product packages are not returned with the goods.
This voluntary returns policy does not restrict your statutory rights nor your statutory right of withdrawal as set out below.
12. Statutory right of withdrawal for consumers
Consumers have the right to withdraw from this Purchase Agreement within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date upon which the consumer or a third party appointed by the consumer, who is not the carrier, takes possession of the delivered goods.
In order to exercise the statutory right of withdrawal, the consumer shall notify ORTOVOX in a clear declaration (e.g. letter, fax, online form or email) of his/her decision to withdraw from the Purchase Agreement.
The notice of withdrawal has to be addressed to:
ORTOVOX Sportartikel GmbH
Telephone number: +49 (0) 89 66674-0
The consumer may use the withdrawal form attached for this purpose; however, it is not obligatory to do so. The attached withdrawal form or any other clear declaration can be completed and submitted electronically via the ORTOVOX website (www.ortovox.com/rma).
The consumer must return or hand over the goods to ORTOVOX without delay and no later than fourteen (14) days from the date upon which he/she notifies us of withdrawal from this Purchase Agreement. The deadline is deemed to be met if the consumer sends the goods before the expiry of the fourteen-day (14) deadline.
Goods are returned to ORTOVOX at the company’s risk. Return costs are borne by the customer.
The withdrawal deadline shall be deemed to be met if the notification concerning the exercise of the right of withdrawal is sent before expiry of the deadline.
If the Purchase Agreement is withdrawn, ORTOVOX must reimburse the consumer for any payments received by ORTOVOX from the consumer (including delivery costs (shipping charges) at the cheapest standard delivery rate offered by us (DHL standard delivery), without delay, but no later than fourteen days after the day upon which ORTOVOX receives notice of withdrawal of this Purchase Agreement. The seller will use the same payment method the consumer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed with the consumer; under no circumstances will the consumer be charged a fee for this refund. ORTOVOX may withhold the reimbursement until it has received the returned goods or until the consumer has provided proof that he/she has returned the goods, whichever is earlier.
The consumer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods that is not deemed necessary in order to verify the condition, features and functioning of the goods (e.g. the goods are incomplete or not in the same condition as upon receipt, the goods have been used, soiled or washed).
13. N.B.: Exclusions from the statutory right of withdrawal
Regulations for underwear and socks
Underwear and socks may not be returned for reasons of health and hygiene if their seal or packaging has been removed after delivery. In accordance with § 312g para. 2 item 3 BGB, the statutory right of withdrawal does not apply to such goods.
Claims against ORTOVOX that the Customer accrues from the business relationship may not be assigned.
14. Note on data processing
ORTOVOX processes Customer data as part of the processing of purchase agreements. ORTOVOX undertakes to treat Customers’ personal data as confidential in accordance with data protection legislation, in particular the GDPR, the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
15. Final provisions
German law applies under exclusion of the UN Convention on the International Sale of Goods (CISG) and conflict of laws provision. If you are a consumer ordinarily resident in the EU, you also enjoy protection afforded by the mandatory provisions of the law of the country in which you habitually reside. Any claim arising from consumer protection standards relating to these General Terms & Conditions may be submitted either in Germany or in the EU state in which you reside.
The European Commission provides an Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr/. ORTOVOX prefers to resolve Customer concerns directly and, therefore, does not take part in consumer arbitration processes. Please contact ORTOVOX directly if you have any questions or problems.
Should one of the foregoing provisions be unworkable in full or in part, this shall not affect the validity of the remaining provision(s) or of the contract as a whole.
Insofar as the Customer is a merchant, a legal entity under public law or a public law entity with special public funds, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Supplier is the Supplier’s registered office.
AS OF: February 2020