General Terms and Conditions

 

Business Terms and Conditions for the TOP Hotel Hochgurgl Betriebs GmbH & Co KG (valid from 25.07.17)

 

Contract of Sale Agreement

Placing your order at our Online Shop, at TOP Hotel Hochgurgl Betriebs GmbH & Co KG, FN 184086 s, A-6456 Hochgurgl / Ötztal, Tirol, AUSTRIA, hereinafter referred to as “we” or “Shop Crosspoint”, establishes a potential purchase agreement to which you are committed for 7 days. The contract shall only come into force upon confirmation of dispatch or upon delivery of the goods ordered. The receipt of your order, which is automatically sent after the end of the purchase process, does not constitute a commitment to buy. Our general terms and conditions of business become a contract with every order.

 

The merchandise offers in the Online Shop are exclusively for buyers who are 18 years of age and over.

 

The merchandise displayed in the Online Shop does not constitute a binding commitment to the conclusion of a purchase agreement. Rather, it is a noncommittal invitation to order goods in the Online Shop.

 

The language in the contract is in German only.

 

Minimum Order Cost

The minimum order cost is €5. We cannot accept any orders below this amount.

Prices

All prices are inclusive of the fixed VAT without shipping costs and are given in euros at the time of the order. The prices displayed before completion of the order is binding.

Shipping Costs

We deliver to Austria, Germany, Belgium, Italy, Croatia, Luxembourg, Slovakia, Slovenia, the Czech Republic, Hungary, the Netherlands, Great Britain, Poland, Switzerland, France, Sweden, Denmark, Norway, Portugal and Spain. In Austria and Germany, the shipping costs are €6.95 (free of charge for goods over €60) and in the following countries – Belgium, Italy, Croatia, Luxembourg, Slovakia, Slovenia, the Czech Republic, Hungary, the Netherlands, Great Britain, Poland, Switzerland, France, Sweden, Denmark, Norway, Portugal and Spain €6.95 per order, even when the order comprises several packages which have to be delivered separately.

Exchange Rights

If the goods, including the invoice, are returned and received within 30 days, you retain the right to exchange them. The purchase price of the returned goods will be refunded in the form of a TOP Mountain Crosspoint Shop credit note. A cash payment or refund transfer is not possible with exchanges.

Damage in Transport

If goods are delivered with obvious damage in transport, please report the fault immediately to the delivery company and contact us as quickly as possible.

The lack of a satisfactory conclusion, after making a complaint or contact, will not affect your statutory rights. Indeed they assist us in making our own claims against the freight company carrier or against the transport insurance.

Right of Withdrawal (Cancellation)

You have the right to cancel your contract within 30 days without giving reasons. The right of cancellation begins on the day on which you or a third named party took delivery of the goods, with the exception of the transporters who most recently delivered the goods (which, in the case of separate deliveries of a single order, the last package). To exercise your right to cancel – e.g. by letter, fax or email – we suggest you acquaint yourself with our sample cancellation form, if you wish. The deadline is granted if you send notification before expiry of the cancellation period.

Upon cancellation we will refund your payments, including standard delivery costs, within 14 days days of cancellation free of charge, by means of the payment method you use. We reserve the right to refuse a refund until the goods have been returned or we have proof of the goods being returned. The goods must be returned to us within 14 days of cancellation.

We will bear the costs of return postage within Austria and Germany, providing the return label enclosed with the goods is used. Unpaid returns (unpaid packages which also do not bear our return label) will not be accepted. The returned goods must be unused. It is not recognised as usage if you only try the goods, as in a shop. If the goods have been used, we reserve the right to refund the difference in value of the original purchase price. Cancellation or return must be sent to:

TOP Hotel Hochgurgl Betriebs GmbH & Co KG
A-6456 Hochgurgl / Ötztal / Tirol
AUSTRIA
Tel: +43 (0) 5256 6265
Fax: +43 (0) 5256 6265 10
Email: tophotel@tophochgurgl.com

Gift cards, as well as goods which are made according to customer specifications, are excluded from the right to return or exchange.

Warranty/Disclaimer

The statutory provisions on the guarantee apply; the warranty period shall be 24 months from the date of purchase of the goods. Claims for replacements from damage and expenses are excluded, except for personal injury, damage caused by us or gross negligence on our part, as well as product liability claims.

Payment

You can pay by credit card, Paypal, Maestro Bankomat card or SOFORT transfer. We do not deliver COD (cash on delivery).

Credit or Prepaid Cards

We accept VISA, Mastercard and Maestro.

Online payments are processed via our Payment Partner Six subject to current security standards. After the order process, you will be forwarded to the Six website to complete payment.

Once you have selected the credit card/prepaid card option, you will be redirected to a secure page where you can select your chosen credit or prepaid card type. For completion, the correct credit card information must be entered and the payment confirmed. We check the validity of the credit card, the funds available for the order purchase and the accuracy of the address data. The charge to your credit card account is made with the completed order details. Shipping follows after receipt of payment.

SOFORT Transfer

With this method of payment, SOFORT Ltd. acts as a technical provider, who transmits the data you enter into the secure payment form to your bank. The details given for the online banking access data and the transaction-related TAN is made exclusively by the secure payment form of SOFORT Ltd. and not by the trader. Shop Crosspoint can neither access the information you have entered, nor your account. Thanks to the transaction confirmation, your order can be sent immediately – faster than usual with prepayment. Immediate transfer is, of course, obligatory to comply with the statutory data protection regulations. On the following link, you can find out more about the data protection regulations of SOFORT Ltd: https://www.sofort.com.

Right of Ownership

The goods will remain our property until full payment has been received.

Declaration of Consent for Data Usage

You allow us, TOP Hotel Hochgurgl Betriebs GmbH & Co KG, A-6456 Hochgurgl, Ötztal / Tirol, Austria, on receipt of your order, access to the personal data (in particular name, address, telephone number, email address) provided by you for the purpose of shipping, bookkeeping, reminders, customer service and advice, as well as purposes of market observation and the optimization of the distribution system and advertising campaign, also for our customer cards, to be stored and processed electronically. In addition, access is permitted to our logistics partner, who is responsible for the execution of the order, and to the payment service providers, according to the type of payment of your choice. Our DVR no. Is 4018423 according to the Data Protection Act 2000.

We will not pass your information on to third parties for advertising purposes. The information will only be passed on to third parties such as service providers who are commissioned by us to handle the intended uses, in particular – if you subscribe to our newsletter – to liebkind content & communication, Ferdinand-Weyrer-Strasse 13, A-6020 Innsbruck, who are responsible for the dispatch of newsletters. In our newsletter, we would like to keep you up to date with offers and the latest trends. Of course, we also respect your privacy in this context and will only send you our newsletter if you expressly wish. You can unsubscribe at any time by clicking on the “Unsubscribe” link, which features in all our mails, as well as the contact options listed below.

In placing your order, you agree that you may be contacted by us for the conveyance of advertising and proposal of service offers for our goods and services by email, SMS or telephone. You may revoke this consent at any time by post under tophotel@tophochgurgl.com or by telephone at +43 (0) 5256 6265 910. You can also send enquiries to the latter web address regarding the details, accuracy, and deletion of your personal data, as well as all information requests.

 

Legal Terms

Austrian law applies exclusively, within the UN Purchase Law.

Arbitration Board

We subordinate consumers to an alternative dispute settlement procedure at the Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna, www.ombudsmann.at.

For the settlement of disputes with our company, the online dispute settlement platform of the EU Commission can also be used: http://ec.europa.eu/odr, our email address: tophotel@tophochgurgl.com.

Provider Identification

TOP Hotel Hochgurgl Betriebs GmbH & Co KG, A-6456 Hochgurgl / Ötztal / Tirol, AUSTRIA

Company Registration No: 184086 s

Company Court Registration: Regional Court, Innsbruck

VAT Identification No: ATU 47420401

Legal Status: GmbH

Headquarters: Hochgurgl