Terms of service

General Terms and Conditions with Customer Information

Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty
8. Applicable Law
9. Jurisdiction
10. Code of Conduct
11. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of CLIMBALL OHG (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, 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 can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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 shop. To do this, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process. By doing so, the Customer submits a legally binding contract offer regarding the goods in the shopping cart.
2.3 The Seller can accept the Customer's offer within five days by
• sending the Customer a written order confirmation or a 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 the Customer has placed their order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending 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 consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, the Seller hereby declares its acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.
2.5 After the contract is concluded, the text of the contract will be stored by the Seller and sent to the Customer in writing (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller will 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 free of charge via their password-protected user account, providing the appropriate login details.
2.6 Before bindingly submitting the order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. The Customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless stated otherwise in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise are separately indicated in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service providers is selected, the payment processing is carried out by the payment service provider. The individual payment methods offered will be communicated to the customer in the seller's online shop. To process payments, the payment services may also use other payment services for which special payment conditions may apply, and the customer may be separately informed of these.
**5) Delivery and Shipping Terms**
5.1 If the seller offers the dispatch of the goods, the delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the order processing of the seller is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons that the customer is responsible for, 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 outward shipment if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provisions made in this regard in the seller's cancellation policy shall apply to the return costs.
5.3 If the customer acts as a businessperson, the risk of accidental loss and deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and deterioration of the sold item generally only passes to the customer upon handover of the item to the customer or a person authorized to receive the item. Deviating from this, the risk of accidental loss and deterioration of the sold item also passes to the consumer as soon as the seller has delivered the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment, if the consumer has commissioned the forwarder, the carrier, or any other person or institution designated to carry out the shipment and the seller has not previously disclosed this person or institution to the customer.
5.4 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 the necessary care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded immediately.
5.5 Pickup for logistical reasons is not possible.
**6) Retention of Title**
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
**7) Warranty**
7.1 Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as a businessperson,
  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from the date of delivery of the goods;
  • for used goods, rights and claims for defects are excluded;
  • the limitation period does not start again if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and the shortening of the limitation period specified above do not apply
  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for businesspeople, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, it has no effect on his legal or contractual claims for defects.
**8) Applicable Law**
For all legal relationships of the parties, the law of the Italian Republic applies, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
**9) Jurisdiction**
If the customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Italian Republic, the exclusive place of jurisdiction for all disputes arising from this contract is the business domicile of the seller. If the customer is domiciled outside the territory of the Italian Republic, the business domicile of the seller 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 professional or commercial activity of the customer. However, in these cases, the seller is also entitled to bring legal action at the customer's place of business.
**10) Code of Conduct**
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
**11) Alternative Dispute Resolution**
11.1 The European Commission provides a platform for online dispute resolution, which you can find at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for 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 obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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Please note that this translation is provided for informational purposes and is not legally binding. For legal matters, it's advisable to consult a professional translator or a legal expert.