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GTC

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General Terms and Conditions of Obpacher GmbH (as of 01.09.2017)

Table of contents

§ 1 Scope of application and contractual partners/seal of approval
§ 2 Delivery area and clientele
§ 3 Conclusion of contract
§ 4 Offer of goods and ordering
§ 5 Storage of the contract text
§ 6 Prices and limited special offers
§ 7 Delivery times and costs
§ 8 Warranty
§ 9 Payment
§ 10 Cancellation policy
§ 11 Instructions for the smoothest possible processing of returns
§ 12 Return costs
§ 13 Place of jurisdiction
§ 14 Address/Imprint

§1 Scope of application and contractual partners/seal of approval

(1) The following terms and conditions of sale shall apply exclusively to all our deliveries. Deviating terms and conditions shall only be binding for us after express acknowledgement.
(2) Your contractual partner for all orders is Obpacher GmbH (for address for service see end of GTC)

§ 2 Delivery area and clientele

Orders and deliveries are only possible within Europe. If you require delivery outside of Europe, we will be happy to help you. Please call our service hotline on +49 (0)8503 92429-0.

§ 3 Conclusion of contract

Contracts in our online store can only be concluded in German.
You submit a binding offer when you have gone through the online ordering process by entering the information requested there and click on the "Send order" button in the last order step. After you have sent your order, we will send you an e-mail confirming receipt of your order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute Acceptance of your offer, but is only intended to inform you that we have received your order. You will receive all customer information from us, which you should print out for your records, at the latest by the time the goods are delivered. The purchase contract is not legally binding until the goods have been delivered.

§ 4 Offer of goods and ordering

(1) Please note that offers in our online store may be limited in time. Details can be found in the respective product description.
(2) You order in our store by
1) placing items in the shopping cart
2) entering your delivery and payment details
3) confirming the accuracy of your details on the check page and then clicking on the “Send order” button.

You can find more information on the ordering process on our “How to order” help page

§ 5 Storage of the contract text

The data required for the transaction will be stored in compliance with the applicable data protection regulations. The order text is not stored beyond this and cannot be retrieved separately after the sale has been completed. However, you can print out your contract data immediately after the end of the sale.

§ 6 Prices and limited special offers

All prices quoted are end consumer prices and include statutory VAT (19%) and do not include shipping costs. The price at the time of ordering applies. The period of validity of our limited offers can be found where they are displayed in the store. Despite careful stocking, it may happen that a promotional item sells out more quickly than expected. We therefore do not guarantee delivery.
The following applies: Only while stocks last.

§ 7 Delivery times and costs

(1) Delivery by us is subject to the proviso that we ourselves are supplied correctly and on time and are not responsible for the lack of availability. Unless otherwise agreed or otherwise stated on the item, we will deliver - subject to stock - within 2 - 4 days of receipt of your order. Information on the delivery period is non-binding, unless the delivery date has been promised as binding in exceptional cases.
(2) If the standard delivery time cannot be met, we will inform you automatically by e-mail. Partial deliveries will not be made. Should you wish this, please contact us by e-mail.
(3) Replacement delivery: If, exceptionally, we are unable to deliver an ordered item and we have not yet accepted your contract offer, we reserve the right to offer you an item of equivalent quality and price. If you do not wish to accept the offer, no contract will be concluded. Of course, your statutory right of withdrawal applies in the event that you accept the replacement offer.
(4) We charge a flat-rate shipping fee of EUR 6.95 per order.
(5) From an order value of EUR 100.00 we deliver free of charge. If you choose the cash on delivery payment method, the delivery company will charge an additional fee of EUR 6.95 on delivery.
(6) For customers outside the EU: Please note that shipping may be subject to considerable customs duties. Details can be found in the overview of shipping costs.

§ 8 Warranty + Guarantee

(1) The limitation period for statutory claims for defects is 2 years and begins on the date of delivery, i.e. receipt of the item by the buyer.
(2) In addition to the statutory warranty, the warranty provisions attached to the item shall apply.
(3) If delivered items have obvious material or manufacturing defects or transport damage, please report such defects immediately to us or the carrier delivering the items. The customer is not obliged to do so and this is not a prerequisite for the assertion of your claims. However, we cannot otherwise assert any claims against the carrier. Compliance with the above provision shall not affect your statutory claims if you have ordered for private purposes as a consumer.

§ 9 Payment

We offer the following payment methods:

- prepayment
- credit card (VISA + Mastercard)
- sofortüberweisung.de
- paypal
- Amazon Payments

Payment processing in XSPO.ch is carried out by:

Ski Total GmbH
Löberenstr. 30
6300 Zug
UST-IdNr.: CHE-161.209.937


§ 10 Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must send us

OBPACHER GmbH
Hartham 16
94152 Neuhaus/Inn
email: service@xspo.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Failure to accept the ordered goods shall be deemed to be an exercise of the right of withdrawal.

Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.


You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired."

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy

§ 11 Instructions for the smoothest possible processing of returns

Use our return service with DHL for returns within Germany.
Click on RETURNS in the footer of our online store under Services.

A page will open with a direct link to the DHL returns portal. Enter your address and email here, print out the return label and stick it on the parcel. You can now hand in the parcel free of charge at any post office. The postal charge is already covered for you. When you receive your refund, € 6.00 will be deducted for this service. For bulky goods returns (over 120 cm parcel length) € 26.00 will be deducted. As compensation, you will receive a € 10.00 voucher code, which is included in the returns receipt email and is valid for your next purchase of € 100.00 or more.

Alternatively, you can also send the parcel to us yourself by post/DHL or another logistics provider. You will also receive a € 10.00 voucher code for the postage costs incurred, which is included in the returns receipt email and is valid for your next purchase of € 100.00 or more.

In this case, please be sure to return the package FREE. Unpaid returns will not be accepted.

Please return textiles in the outer packaging (foil). If the goods have deteriorated, compensation may be demanded.

E-mail address for questions regarding returns: retoure@xspo.de

Please generally enclose the return slip with the return shipment and note your account number here (for reimbursement of payments made).
With the payment methods PayPal, Amazon Payments, credit card and sofortüberweisung.de no bank details need to be entered.

We must exclude from the return/exchange option goods that have been specially tailored for you (skis specially fitted to your measurements).

Returns address Germany:
XSPO - Obpacher
Hartham 16
94152 Neuhaus/Inn
Germany


§ 12 Return costs

You bear the direct costs of returning the goods.

§ 13 Place of jurisdiction

In the case of a mutual commercial purchase, the place of jurisdiction shall be the registered office of the seller.

In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, insofar as consumer law provisions are mandatory. If a private end consumer is not domiciled within the European Union, our place of business shall be the place of jurisdiction.

§ 14 Address/Imprint

Customer service:
- service@xspo.de
- Tel. +49 (0)8503 92429-0
- available Mon - Fri, 10.00 - 16.00

Managing Director:
Bernd Geiling

Commercial register: HRB 6897 Passau
UST-IdNr.: DE 814 441 772

Address:
Obpacher GmbH
Hartham 16
94152 Neuhaus
Germany
Phone: +49 (0)8503 92429-0

Opening hours of our store in Neuhaus/Inn
by appointment only CLICK HERE