General Terms of Use for Registering and Opening a Customer Account
Section 1 General, Definitions
(1) The following Terms and Conditions apply to every business relation between Alpinetrek (hereinafter also referred to as "us/we") and the customer as a consumer (hereinafter also referred to as customer) in connection with the registration and use of a Alpinetrek customer account in their current valid version at the time of registration.
(2) Consumer refers to any natural person who enters into a legal transaction for a purpose that is outside of their trade, business or profession.
Section 2 Registration
(1) Registration and opening a customer account is available for all consumers as long as they have reached the age of majority. The age of majority is determined by the laws of the country in which registration occurs.
(2) The prerequisite is to submit a proper application, including the complete and truthful statement of all information requested during registration. It is prohibited to make third-party data available without their express consent. After registering successfully, the customer receives a confirmation link to activate the email address indicated during registration. Each customer only obtains one account for the email address provided. It is not possible to set up multiple customer accounts under the same email address.
(3) The customer must inform us independently regarding changes to information that was requested during registration. We cannot guarantee an independent review of the data provided regarding accuracy. If inaccurate or incomplete information is provided during registration, we reserve the right to exclude the customer with immediate effect and delete the customer account after prior announcement. We also reserve the right at any time, based on our due discretion, to reject a customer's registration and refuse to provide our services within the context of the customer account.
(4) The customer must save the access data for the customer account in a manner that is protected against third-party access.
Section 3 Scope of services for customer account
(1) By opening the customer account, the customer obtains access to various exclusive discount campaigns, functions and services offered by Alpinetrek. These are outlined in detail on our website and within the customer account. For instance, customers have the option of marking their product selections in a “Shortlist”, accessing their order history or saving their specific product interests. Based on the information provided and settings configured by each customer, customers will also be offered targeted content corresponding to their needs and interests (e.g. in the form of individual product recommendations). Offering a personal experience is an integral component of the services provided within the Alpinetrek customer account. We provide more detailed information regarding how we use the data saved in the customer account in order to offer these personalised functions and services to the customer in our Privacy Policy.
(2) Unless expressly described otherwise, discount or voucher campaigns acquired in the process of opening the customer account refer as a rule to a customer’s first time registering and opening a customer account. In cases of misuse involving multiple registrations, we reserve the right to refuse to redeem discount campaigns or vouchers acquired previously.
(3) We reserve the right to change and/or entirely discontinue the scope or functions offered within the customer account, with due consideration of the customer’s legitimate interests.
Section 4 Saving and sharing content, image upload, customer reviews
(1) As part of the customer account, the customer has the option of submitting product reviews, product complaints or service requests. Customers are given the opportunity to provide Alpine Trekkers with photographs, for instance of products, using the upload function. Customers also have the option of adding their own profile picture to the customer account.
(2) Any customer publishing data or files (i.e. photographs, images, other graphics, or text) (in the following "content") on the Alpinetrek website, such as this customer account, transfers their right, without restriction in terms of time and place, to use the content for the purpose of processing customer requests, in particular to duplicate, disseminate and/or publish this content on Alpinetrek’s websites and social media pages.
(3) If the customer is depicted independently in the content mentioned above, the previously mentioned transfer of rights also includes the right to use the provided image for the purpose of communication and processing customer requests.
(4) The customer is required to ensure that the rights of third parties, and specifically copyright and performance protection rights, trademark, patent, and other ownership and personal rights are not breached or infringed. Insofar as the customer is provided with storage space, the customer shall not use such space for the storage of unlawful, illegal, or irregular content, or any content infringing upon the rights of third parties. It is to be ensured that no content is used, which
a. infringes upon industrial property rights (including but not limited to trademark, patent, utility and design rights), copyrights and performance protection rights, and any other rights (e.g. portrait rights, name and personal rights);
b. is pornographic and liable to corrupt youth;
c. represents propaganda material and products with recognizable icons of unconstitutional organizations;
(5) By submitting the abovementioned content, the customer assures that they have all rights to the submitted content which enable the customer to publish said content, and furthermore that any uploaded photos are unencumbered by third-party rights, no personal rights are infringed by the depiction or representation of people and that the uploaded image was created only by him/her personally. If one or more people are recognisably pictured in a photo, the subjects must agree to the publication of the photo. The customer assures that corresponding declarations of consent will be provided in writing if necessary. The Alpinetrek Guidelines regarding submitted posts and content also apply.
Section 5 Blocking, deletion of content
We reserve the right, in the event of a breach of applicable statutory regulations, or the lawful impairment of third-party rights or a breach of these General Terms and Conditions, to temporarily or permanently block the customer, modify content or take other suitable countermeasures. This also includes the right to delete offers.
Section 6 Release
The customer shall indemnify Alpinetrek and its employees of any claims of third parties made against Alpinetrek based on the infringement of their rights via the content transmitted by the customer to the online database of Alpinetrek and its subsequent publication online. This specifically includes the costs incurred by appropriate legal proceedings in line with statutory compensation and any related costs. The customer shall be required to provide Alpinetrek with a reasonable advance payment. This clause does not apply where the customer is not responsible for the infringement of rights.
Section 7 Limitation of liability
(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistants or agents of Alpinetrek. Alpinetrek is not liable for slightly negligent violation of inessential contractual obligations. However we are liable for the violation of the customer’s essential contract obligated legal positions. Alpinetrek is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the customer shall trust.
(2) The preceding restrictions of liability do not concern customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if we are accusable of personal injury, impairment to health and death of the customer.
(3) We are only liable for the own contents of our online shop on the website. As far as access to other web pages by means of links is possible, we are not responsible for the external content. We do not take ownership of this external content. In case that we are informed about illegal contents on external web pages, we will immediately block the access to those sites.
Section 8 Final provisions, arbitration
(1) This agreement shall be governed by the laws of the Federal Republic of Germany. Concerning consumers who enter into the legal transaction for a purpose that is outside their trade, business or profession, these laws shall be insofar considered if this allowed protection were detracted through the consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. The contract language is German.
(2) Alpinetrek is obligated to inform you that the European Commission is providing a relevant online platform for online dispute resolution. You can find this platform at the following link: https://ec.europa.eu/consumers/odr/. In this context, Alpinetrek is also obligated to communicate the email address. The email address is: service@alpinetrek.co.uk.
(3) Alpinetrek always does its best to mutually resolve any disagreements with the customers that arise from exiting contracts. However, we note that we are not obligated to participate in any consumer arbitration proceedings (according to the VSBG) and we are unfortunately also unable to offer our customers participation in such proceedings.