Terms & Conditions
Terms & Conditions (08/2017)
Black Diamond Equipment Europe GmbH
6020 Innsbruck / Österreich
- subsequently provider -
§ 1 Scope of application
(1) The services of the supplier for the online shop at eu.blackdiamondequipment.com are exclusively based on the following general terms and conditions in the version valid at the time of the order.
(2) Our general terms and conditions apply exclusively. The general terms and conditions of the customer which deviate from our general terms and conditions of business are not valid, unless we expressly agree to them.
§ 2 Conclusion of contract
(1) Our offers on the Internet represent a non-committal invitation to the customer to order goods or services. By sending the order (click on the "Buy now" button) on our website, the customer submits a binding offer to a contract conclusion.
(2) The confirmation of the receipt of the order follows immediately after the order has been sent and does not constitute a contract acceptance. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail) In which case the receipt of the order confirmation is decisive for you or by delivering the ordered goods, in which case the access of the goods to you is decisive, or by requesting you to pay after the order has been placed (eg with PayPal payment) . If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If we do not declare the acceptance within the aforementioned deadline, this is considered a rejection with the result that you are no longer bound by your declaration of intent.
(3) When submitting an offer via the online order form of the supplier, the contract text is stored by the supplier and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the provider and can be accessed free of charge by the customer via his password-protected customer account, indicating the corresponding login data, if the customer has created a customer account in the online shop of the provider before sending his order.
(4) Before binding the order via the customer's online order form, the customer can correct his / her input continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
(5) The following languages are available for the conclusion of the contract:
Consumers are generally entitled to a right of revocation. For more information on the right of revocation, please refer to our Cancellation Terms.
The right of revocation shall not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
§ 4 Payment, delay
(1) The prices listed on the website apply at the time of the order. All prices include VAT, plus shipping costs.
(2) The payment of the purchase price is possible by credit card and with PayPal. When you select the payment type "PayPal", payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Service, can be viewed at https://www.paypal.com. When you select the payment type “credit card”, payment processing takes place via the payment service provider Adyen B.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands.
(3) If the customer is in default of payment, we are entitled to demand default interest at the rate of five percentage points above the base rate of the European Central Bank. In the event that we are asserting further default damages, the Purchaser has the opportunity to prove that the alleged damage caused by default is not at all or at least substantially lower.
§ 5 Reservation of title
(1) Compared to consumers, the seller reserves the right to ownership of the delivered goods until full payment of the purchase price owed.
(2) In the case of entrepreneurs, the seller reserves the right to ownership of the delivered goods until full settlement of all claims arising from a current business relationship.
(3) If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the proper business. All claims arising therefrom against third parties shall be paid in advance to the seller in the amount of the respective invoice value (including value-added tax). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The power of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default with payment and no application for opening insolvency proceedings is filed.
§ 6 Delivery
(1) The delivery is generally made within 10 working days after the buyer has commissioned the payment. We may refer to the respective product page for possible differing delivery times. The commencement of the specified delivery time requires the timely and proper fulfillment of the customer's obligations, in particular the correct indication of the delivery address within the scope of the order.
(2) In the case of goods delivered by forwarding agency, delivery shall be "free of charge", that is to say the nearest public curb to the delivery address, unless otherwise specified in the seller's description of the goods and unless otherwise agreed.
(3) In the event that the supplier is unable to fulfill his contractual obligations due to no fault of his own for the delivery of the ordered goods because his own supplier does not fulfill his contractual obligations, the customer will be immediately informed that the ordered goods are not available. Contracts already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.
(4) The risk of the deterioration or the loss of the goods is transferred to the customer as soon as the delivery item has been handed over to the transport company. If the delivery or dispatch is delayed for reasons for which the purchaser is responsible, the risk shall pass to the purchaser on the day of the notification of the readiness for dispatch of the delivery item.
(5) In the case of self-collection, the seller first notifies the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods after consultation with the seller at the seller's place of business. In this case, no shipping costs will be charged.
§ 7 Delay in Acceptance
(1) If the customer is in default of acceptance or if he culpably violates other cooperation obligations, the supplier is entitled to demand compensation for the resulting damages, including possible additional expenses. We reserve the right to make further claims. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, unless the performance had announced a reasonable time before.
(2) The purchase price is to be paid interest during the delay. The interest rate is five percentage points higher than the base rate per anno. In the case of legal transactions between entrepreneurs, the interest rate is eight percentage points above the base rate.
(3) The customer shall, for his part, reserve the right to prove that a loss of the requested amount has not occurred or at least substantially lower. The risk of a accidental loss or accidental deterioration of the purchased goods shall pass to the purchaser at the time at which the buyer is in default of acceptance or default.
§ 8 Warranty
If the purchase is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
(1) For entrepreneurs
- an insignificant defect does not in principle constitute deficiency claims;
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- in the case of used goods the rights and claims due to defects are excluded in principle;
- the limitation period shall not begin again if a replacement delivery takes place within the scope of the defect liability.
(2) For consumers, the limitation period for claims for warranties of used goods is one year from delivery of the goods to the customer, with the restriction of the following number.
(3) The above limitation of liability and limitation periods shall not apply
- for items which have been used for a building according to their usual usage and which have caused their defect,
- for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty on the part of the seller or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the seller,
For other damages which are caused by an intentional or grossly negligent breach of duty on the part of the seller or a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of the user;
- in the event that the Seller has maliciously concealed the defect.
(4) In addition, it is valid for entrepreneurs that the statutory periods of limitation for the recourse claim pursuant to § 478 BGB remain unaffected.
(5) If the customer acts as merchant according to Section 1 of the German Commercial Code (Handelsgesetzbuch - HGB), the commercial obligation to investigate and to notify him is subject to § 377 HGB. If the customer fails to comply with the advertising requirements, the goods shall be deemed approved.
(6) If the customer acts as a consumer, he is asked to complain to the supplier of goods delivered with apparent transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.
§ 9 Liability
The supplier is liable to the customer from all contractual, contractual and statutory, also tortious, claims for damages and expenses as follows:
(1) The Seller shall be fully liable for any and all legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated,
- due to mandatory liability such as the Product Liability Act.
(2) If the seller negligently violates a substantial contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless the liability of the above paragraph is unlimited. Significant contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract at all, and upon which the customer may regularly rely.
(3) In all other cases, the Seller's liability is excluded.
(4) The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
§ 10 Data Protection
§ 11 Final Provisions
(1) Applicable is the right of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, insofar as this choice does not lead to the exclusion of a consumer from compulsory consumer protection standards.
(2) If the contractual parties are merchants, the court is competent at our headquarters in Innsbruck, unless an exclusive court of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union.
(3) Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
§ 12 Information on Online Dispute Settlement / Consumer Protection
The EU Commission provides a platform for online dispute resolution on the Internet at: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The suppliers are not obliged and are unwilling to participate in consumer arbitration proceedings under the CSBG.
Our e-mail address is: email@example.com