Terms and Conditions

Alpine Flair
www.alpineflair.at

A word in advance:

We always strive for a non-bureaucratic processing of contracts with our customers. In the case of complaints, a short telephone call with one of our employees is definitely worthwhile. You can also enter your own phone number so that we can call you back. Providing your contact details ensures fast and secure processing.

I. WEBSITE TERMS AND CONDITIONS OF SUPPLY

II. TERMS OF WEBSITE USE

I. WEBSITE TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.

Please tick the box at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1

We operate the website www.alpineflair.at. We are Alpine Flair, a company registered in Austria.

1.2

To contact us, please email us at info@alpineflair.at.

2. OUR PRODUCTS

2.1

The information contained on our site may only be relied upon to be accurate in the exact circumstances in which it is expressed. Otherwise any illustrations, performance details, examples of installations and methods of assembly and all other technical data contained on our site are based on experience and upon trials under test conditions and are provided for general guidance only. No such information or data shall form part of the Contract unless specially agreed by us in writing.

2.2

We reserve the right to alter the dimensions or composition of the Products supplied to conform to applicable standards or laws or otherwise within reasonable limits having regard to the nature of the Products.

2.3

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.4

Any natural Products we supply may vary from the images or specifications shown on our site.

2.5

The packaging of the Products may vary from that shown on images on our site.

2.6

All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. USE OF OUR SITE

Your use of our site is governed by our Terms of website use https://www.alpineflair.at/en/imprint.html. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy https://www.alpineflair.at/en/imprint.html. Please take the time to read this, as it includes important terms which apply to you.

5. ENTIRE AGREEMENT

5.1

You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2

These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process before submitting your order to us.

6.2

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.

6.3

We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

6.4

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.5

These Terms shall apply to all Contracts for the sale of Products by us to you to the exclusion of all other terms and conditions, including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document.

7. OUR RIGHT TO VARY THESE TERMS

7.1

We may revise these Terms from time to time.

7.2

Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8. DELIVERY

8.1

Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation (if any), unless there is an Event Outside Our Control. If we are unable to meet any estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date, where possible.

8.2

Delivery will be completed when we deliver the Products to the address you gave us.

8.3

You should make all arrangements to take delivery of the Products whenever they are tendered for delivery.

8.4

You shall have no right to damages or to cancel a Contract for failure for any cause to meet any estimated delivery time or quantity of Products stated at the time of the order. Nor shall you be entitled to make, or to purport to make, time for delivery of the essence.

9. ACCEPTANCE OF THE PRODUCTS

9.1

You shall be deemed to have accepted the Products seven (7) days after delivery to you.

9.2

After acceptance you shall not be entitled to reject Products which are not in accordance with the Contract and we shall have no liability whatsoever to you in respect of the Products.

9.3

You may within seven (7) days of delivery reject the Products and return them to us provided they are returned to us in packaging of quality at least as secure as that packing in which the Products were delivered with the cost of carriage fully paid by you. If the correct cost of carriage for the Products is not paid by you, we may reject the delivery and you will remain liable for full payment of our invoice. Upon receipt of the returned Products we shall refund you any payment made for the Products by you less a 10% administration charge. We will provide you with a credit note for 90% of the price. Where you have not paid the invoice prior to the return of the Products the sum of 10% of the original invoice will remain outstanding.

9.4

If you reject any Products, you will have no further rights whatever in respect of the supply to you of such Products or any failure by us to supply Products which conform to the Contract.

9.5

We will not accept the return of any Products which have been tailor made to your specification and you shall be liable for payment as soon as we have commenced manufacture of the Products in accordance with Clause 12.8.

10. TITLE AND RISK

10.1

Title shall pass to you on payment of our invoice (including, for the avoidance of doubt, all delivery charges, VAT, interest and other sums due in respect of the order).

10.2

Risk shall pass to you (so that you are then responsible for all loss or deterioration of the Products or for any damage occurring) on delivery of the Products.

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1

The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.6 for what happens in this event.

11.2

Prices for our Products may change from time to time without notice.

11.3

In the event of any increase in price following receipt of an order we will inform you and you may cancel the order within seven (7) days. Failure by you to cancel within seven (7) days will be deemed to be an acceptance of the increased price.

11.4

The price of a Product excludes VAT. VAT will be charged (where applicable) at the applicable current rate chargeable in Austria or the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.5

The price of a Product does not include delivery charges. When shipping to other European countries, the shipping costs are calculated at the rates of the parcel service or forwarding.

11.6

Our site contains different Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. PAYMENT

12.1

You can pay by bank transfer to the following bank account:

Bank: Raiffeisenbank Neustift
Receiver: Alpine Flair
BIC: RZTIAT22285
IBAN: AT06 3628 5000 0007 5259

You must quote your invoice number as a reference so that we can identify and apply your payment.

12.2

Payment in full for the Products, any applicable VAT and all applicable delivery charges can be made in advance on ordering but in any case shall be due within 14 days of the date, (at our discretion) of our invoice.

12.3

If you order tailor made Products (products made to your specification), you will become liable for payment as soon as we have commenced manufacture of any such Products.

12.4

Where Products are delivered by instalments we may treat each instalment as a separate order, invoice each instalment separately and you shall pay such invoices in accordance with these Terms.

12.5

All payments shall be made by you to us without set-off, counterclaim or deduction whatsoever.

12.6

No disputes (whether arising in relation to the terms of an order, these Terms, by reason of any delivery delays or otherwise) shall interfere with the requirement for prompt payment in full by you to us.

12.7

Time for payment shall be of the essence.

12.8

If you have an outstanding payment beyond the due date, we may be entitled, without prejudice to any right or remedy, to do all or any of the following:
(a) to suspend or cancel any or all future deliveries without notice;
(b) to require you to pay for any future orders in advance;
(c) to charge daily interest on all overdue invoices or other amounts which shall accrue from the date when payment becomes due from day to day until the date of actual payment, at 5% above bank's base rate, such interest being charged as a separate, continuing obligation not merging with any judgment, together with any statutory debt recovery costs;
(d) to charge you for all costs and expenses including without limitation legal and other debt collection expenses incurred by us in recovering and attempting to recover all or any amount due to us from you;
(e) to serve notice on you requiring immediate payment for all Products supplied by us whether or not payment is otherwise due; and
(f) to sue for the price of the Products even though title to such Products may not have passed to you.

13. RETENTION OF TITLE

13.1

Until title to the Products has passed to you under these Terms, you shall possess the Products as our fiduciary agent and bailee. If we so require, you shall store the Products separately from other goods and shall ensure that they are clearly identifiable as belonging to us.

14. MANUFACTURER GUARANTEES AND WARRANTY

14.1

Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

14.2

All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Products, whether express or implied by statute or common law or otherwise, on our part are excluded to the fullest extent permitted by law.

15. LIABILITY

15.1

Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation;

15.2

Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract (whether directly or indirectly) for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect, special or consequential loss (whether or not reasonably foreseeable and even if we have been advised of the possibility of you incurring the same).

15.3

Subject to clause 15.1 and clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.4

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. EVENTS OUTSIDE OUR CONTROL

16.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, shortages of labour or materials, governmental restriction, condition or control, breakdown of machinery, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, act of God, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or any other matter (whether or not similar to the foregoing) beyond our reasonable control.

16.3

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. COMMUNICATIONS BETWEEN US

17.1

When we refer, in these Terms, to "in writing", this will include e-mail.

17.2

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17.3

Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

18. OTHER IMPORTANT TERMS

18.1

We may sub-contract or transfer part or the whole of our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing to such transfer.

18.3

We may terminate a Contract with immediate effect if you become the subject of, or are threatened with, any insolvency proceedings.

18.4

These Terms apply between you and us. No other person shall have any rights to enforce any of these Terms or the terms of any Contract, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. Any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties Act) 1999 is not affected.

18.5

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (in whole or in part), the remaining paragraphs will remain in full force and effect and the unlawful or unenforceable paragraphs shall, where appropriate, be replaced by other paragraphs corresponding as closely as possible with the unlawful or unenforceable paragraphs.

18.6

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any single or partial enforcement of any right or obligation under these Terms shall not prevent any further enforcement of that right or obligation or enforcement of any other right or obligation. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.7

These Terms are governed by Austrian law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.

18.8

We will not file a copy of the Contract between us.

II. TERMS OF WEBSITE USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.alpineflair.at. Use of our site includes accessing or browsing.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

1. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy https://www.alpineflair.at/en/imprint.html, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Privacy Policy also sets out information about the cookies on our site. If you purchase goods from our site, our Terms and conditions of supply https://www.alpineflair.at/en/imprint.html. will apply to the sales.

2. INFORMATION ABOUT US

www.alpineflair.at is a site operated by Alpine Flair ("We"). We are a limited company registered in Austria under Gisa-number 3142467.

3. CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

4. CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5. ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

8. LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Austrian law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
Please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply https://www.alpineflair.at/en/imprint.html..

9. VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

10. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact info@alpineflair.at.

11. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

12. APPLICABLE LAW

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.

13. CONTACT US

To contact us, please email info@alpineflair.at.