Information according to § 5 TMG

ALP BRANDS - FZCO

Digital Park Silicon Oasis, Building A1, Dubai, United Arab Emirates

VAT ID: DE342602900 
Tax numesolution proceedings before a consumer arbitration board. 

§ 1 General

(1) These terms and conditions apply to all contracts, deliveries and other services of ALP BRANDS - FZCO Digital Park Silicon Oasis, Building A1, Dubai, United Arab Emirates (hereinafter: “Seller"), concerning the online store padelyze.com and all sub-domains belonging to the domain. sub-domains. Deviating provisions of the customers shall not apply unless the Seller has confirmed this in writing. Individual agreements between the seller and the customer shall always take precedence.

(2) The business relations between the seller and the customer are subject to the law of the law of the Federal Republic of Germany. For consumers, this choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the country in which the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is the Munich Local Court, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or domicile or habitual residence is not known at the time the action is brought. 

(5) We deliver to the following countries: EU. 

(6) Customers have the option to use alternative dispute resolution. The following link to the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.

(7) The version of these terms and conditions that is authoritative for this website is the one drafted in German. In the event of any discrepancies between the German and English versions, the German version shall prevail.

§ 2 Contract Content and Conclusion

(1) The seller offers new goods for purchase to customers in the online shop padelyze.com.

(2) A purchase contract is concluded when the seller accepts the customer's order. Price listings in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer via email.

(3) The contract text can no longer be viewed after the order has been placed. We therefore request that you save the contract text.

§ 3 Prices, Shipping Costs, VAT, and Payment

(1) For orders placed through the online shop, the prices listed there apply. All prices include the statutory value-added tax (VAT).

(2) Prices are exclusive of shipping and packaging costs, which will be communicated to the customer before placing the order.

(3) Delivery to customers by the seller is made according to the customer's choice of the following payment methods: PayPal, Amazon Pay, Apple Pay, Google Pay, Credit Card, Sofortüberweisung.

(4) If a customer is in default of payment, the seller may claim damages according to statutory provisions and/or withdraw from the contract.

(5) The seller will always issue an invoice to the customer, which will be handed over to the customer upon delivery of the goods or otherwise sent in text form.

§ 4 Delivery and Transfer of Risk

 

(1) The ordered goods will be delivered to the address provided by the customer unless otherwise contractually agreed. Delivery is made from the seller's warehouse.

(2) The availability of individual goods is indicated in the product descriptions. Goods in stock will be dispatched by the seller within 2 working days after payment instruction, unless expressly agreed otherwise (in the case of prepayment by bank transfer: within 2 working days after payment receipt). If the goods are marked as out of stock in the online shop, the seller will make every effort to deliver as quickly as possible. The seller's delivery time statements are non-binding unless, exceptionally, a delivery date has been firmly agreed upon by the seller.

(3) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss, accidental deterioration of the goods, and delay risk passes to the customer as soon as the goods are handed over to the carrier, the freight forwarder, or the person otherwise designated to carry out the shipment.

§ 5 Liability for Material and Legal Defects & Limitation of Liability

No Warranty: 

Please note that unless expressly and in writing agreed otherwise, we do not make any explicit or implied warranties for our products. This includes, in particular, warranties of fitness for a particular purpose or the absence of defects. Our products are sold "as is" and "as available." 

Our liability is limited to the functionality and quality of our products themselves. We do not accept liability for consequential damages, indirect damages, lost profits, or other damages resulting from the use of our products unless such damages are due to gross negligence or intentional misconduct on our part. Any liability for losses or damages arising from circumstances beyond our control or improper use of our products is expressly excluded.

(1) Insofar as defects exist, the customer is entitled to statutory warranty rights according to the following provisions.

(2) Damage caused by improper handling by the customer during setup, connection, operation, or storage of the goods does not constitute a warranty claim against the seller. The customer can find instructions for proper handling in the manufacturer's descriptions.

(3) Defects must be reported by the customer within a warranty period of two years for new items and one year for used items.

The above limitations of liability do not apply if the seller has fraudulently concealed a defect or assumed a warranty for the condition of the goods. The above limitations of liability also do not apply to claims for damages by the customer, which are aimed at compensation for a physical or health injury caused by a defect attributable to the seller or which are based on intentional or grossly negligent misconduct by the seller or its agents.

The above reductions do not apply to defects in a building or an item that, according to its usual use, has been used for a building and has caused its defectiveness. The above reductions also do not apply if the seller has fraudulently concealed a defect or assumed a warranty for the condition of the goods, and not for claims for damages by the customer aimed at compensation for a physical or health injury caused by a defect attributable to the seller or which are based on intentional or grossly negligent misconduct by the seller or its agents.

(4) If defects are present and have been properly reported, the seller is entitled to rectification. If rectification fails, the customer is entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions apply.

§ 6 Information Obligations for Transport Damage

If goods are delivered with obvious damage to the packaging or contents, the customer should immediately report this to the carrier/freight service without prejudice to their warranty rights and promptly contact the seller by email or other means (fax/mail) so that the seller can assert any rights against the carrier/freight service.

§ 7 Exclusion of Liability

(1) Outside of liability for material and legal defects, the seller is liable without limitation if the cause of damage is based on intent or gross negligence. The seller is also liable for slight negligence in the breach of essential obligations (obligations whose breach endangers the achievement of the contract purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of other than the above obligations.

(2) The above limitations of liability do not apply in cases of injury to life, body, or health, for a defect after assuming a warranty for the condition of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

§ 8 Participation Terms for Competitions

These participation terms govern participation in all competitions organized by ALP BRANDS - FZCO and their implementation, unless explicitly referred to separate participation terms. The organizer of the competition is ALP BRANDS - FZCO, hereinafter referred to as the organizer. By participating in the respective competition, participants accept the following conditions.

(1) Eligibility

a) Eligible to participate are, unless explicitly stated otherwise in the respective competition, natural persons who reside in Germany, Austria, or Switzerland and are at least 18 years old.

b) Employees of the organizer and affiliated companies, as well as employees of cooperation partners involved in the creation or processing of the competition, are excluded. Multiple submissions and participation via an automated mass process or competition associations are not permitted. Participation in the competitions is free of charge. The type of participation and the possibility of winning, as well as the details of the prize, will be communicated with each announcement.

(2) Prize Handling

a) The prize will either be sent to the postal address provided by the participant, or the winners will be informed about the prize, the prize handling, and possibly necessary next steps via the provided email address (in the case of competitions via non-company channels and the organizer's social media pages through an announcement on the respective channel, on the respective page) after the end of the competition.

b) If a participant cannot be reached or does not follow the next steps within the time specified to them, the organizer may determine a new winner. The original winner's claim expires.

(3) Prize

a) The item presented as a prize in the competition may differ from the won item (e.g., in terms of model, color, etc.).

b) A cash payout of the prize is excluded. This does not apply if the prize is a sum of money.

c) The claim to the prize cannot be transferred.

d) Prizes will only be delivered to addresses in Germany, Austria, and Switzerland. The place of performance remains the organizer's headquarters, despite the assumption of shipping costs.

e) In the case of travel prizes, the handling will be between the winner and the organizer or an agency or travel organizer commissioned by the organizer. There is no entitlement to a specific travel date. If the trip is not carried out on the date or within the period specified in the competition for reasons beyond the organizer's control, the winner's claim to the prize expires. Upon confirmation of the trip, the winner is subject to the travel conditions of the travel organizer. Travel to and from the starting point of the trip (airport, train station, etc.) is at the winner's expense unless otherwise expressly agreed in the competition. The same applies to all private expenses incurred during the trip (minibar, telephone, etc.).

f) The original winner's claim expires if the prize is not delivered within one month after the first prize notification due to reasons within the winner's control.

(4) Termination of the Competition

The organizer reserves the right to terminate or end the competition at any time. In such a case, participants have no claims against the organizer.

(5) Usage Rights, Indemnification, and Responsibility

If creative contributions are submitted as part of the competition (e.g., photos, videos, or stories), the following applies:

a) The organizer is not obligated to check the content provided by participants for potential violations of third-party rights. However, the organizer is entitled to reject content if it is, in their opinion, illegal or violates public decency. By uploading content, particularly images, participants declare that these are free from third-party rights, that the content either originates from them or they have obtained the consent of the copyright holders and the persons depicted in images and videos, and that these individuals are at least 16 years old. Participants indemnify the organizer from all third-party claims arising from the content provided. They agree to support the organizer in any reasonable way in defending these claims.

b) Participants agree that their submissions may be used, distributed, and made publicly accessible by the organizer in online and offline media in connection with the competition, the drawing, processing, and presentation of participant contributions. For these purposes, the organizer is also allowed to edit the submissions and, if necessary, grant third parties rights to use them. The granting of usage rights includes the possibility to make the image material available for online retrieval by third parties and to archive the images. The granting of rights is free of charge and without spatial, content, or temporal restrictions.

c) The participant waives any possible right to name the author according to § 13 UrhG (German Copyright Act) and the complete naming of their name in connection with their submissions.

(6) Availability of the Competition

The availability of the competition cannot be guaranteed. It may be terminated or removed due to external circumstances or constraints without participants being able to assert claims against the organizer. This includes, among other things, technical problems, rule changes, or decisions by external platforms such as Facebook, if the competition is conducted in connection with these.

(7) Disclaimer of Liability

The organizer is not liable for damages caused by disruptions to technical equipment, delays or interruptions in transmissions, or damages in connection with participation in the competition or the acceptance and use of the prize, unless the organizer or its agents act with intent or gross negligence. This does not affect any compensation claims due to injury to life, body, and health, as well as essential contractual obligations. In the case of a breach of essential contractual obligations, the organizer's liability is limited to foreseeable, contract-typical damage.

(8) Additional Disclaimer for Travel Defects

a) If the prize is a trip where the organizer is exceptionally considered a travel organizer, and the competition participant has provided a genuine consideration (e.g., submission of texts, photos, songs, or videos), the following applies in addition to clause 7: The contractual liability of the organizer for damages that are not bodily injuries is limited to three times the travel price, insofar as the participant's damage was not caused intentionally or by gross negligence by the organizer or the organizer is solely responsible for a damage incurred by the traveler due to a fault of a service provider (e.g., airline, hotel). The organizer is not liable for service disruptions, personal and property damage in connection with services that are merely mediated as third-party services if these services were not recognizable as part of the organizer's travel services for the traveler. This does not apply if a damage to the traveler is caused by a breach of the organizer's duty to inform, clarify, or organize.

b) It is noted that the organizer's liability for travel defects is generally excluded, provided the organizer is not acting as a travel organizer.

(9) Data Protection Notices

The organizer collects and uses the participant's personal data only to the extent that the participant has consented or it is otherwise legally permitted. Further details are explained in the participation form. The organizer's privacy policy should also be observed.

(10) Notices and Conditions from External Platforms

If the competition is offered or promoted by the organizer via an external platform (e.g., Facebook, Instagram, YouTube, or Pinterest), the following applies:

a) In addition to these participation terms, the relationship between the organizer, the participant, and the third platform is governed by the participation terms and data protection rules of the platform operator.

b) Participants cannot assert claims against the external platform that arise in connection with the use of the competition application or participation in the competition.

c) Participants acknowledge that neither the competition application nor the competition is sponsored, supported, or organized by the external platform, nor is it connected to the external platform.

d) All inquiries and notices regarding the competition must be directed to the organizer and not to the external platform.

(11) Miscellaneous
 

a) The organizer reserves the right to exclude persons from the competition. In particular, persons who use unauthorized aids or otherwise gain advantages through manipulation are excluded. The organizer may also subsequently declare such exclusions, revoke prizes, or reclaim them. The organizer is free in this assessment.

b) Should a provision of these participation terms be or become invalid, the validity and enforceability of the remaining provisions of the participation terms, as far as legally permissible, shall not be affected. The parties shall replace the invalid or void clause with a provision that comes closest to the intention pursued by the parties with the invalid or void provision.

c) The law of the Federal Republic of Germany applies. The legal process is excluded with regard to the drawing of winners.