Terms of service
General Terms and Conditions
General Terms and Conditions for store.outdooractive.com
Outdooractive has set itself the goal of offering its customers a unique outdoor experience. Customers of Outdooractive hereby have the opportunity to shop in Outdooractive's online store and purchase outdoor clothing and accessories tested by the Outdooractive team.
For reasons of reader-friendliness, we use the generic masculine in this text. However, it goes without saying that all genders are meant equally.
General Terms and Conditions
These are the general terms and conditions (hereinafter referred to as "GTC") of Outdooractive AG, Missener Straße 18, 87509 Immenstadt, Germany, which govern the use of this offer, the online store www.shop.outdooractive.com.
The store is available under the domain www.shop.outdooractive.com .
§ 1 Operator and scope of application
1. The operator of the store and therefore the contractual partner of the users of this store is Outdooractive AG (hereinafter referred to as the operator).
Missener Street 18
: +49 8323 8006-0
Register court: Local court Kempten
Registration number: HRB 15575
Sales tax identification number according to § 27a UStG: DE 261707005
Chairman of the supervisory board: Mathias Pauli
Management Board: Hartmut Wimmer
2. These GTC contain the conditions and rules of conduct for the use of the store and for all legal transactions and actions similar to legal transactions that are made between customers and the operator. It is possible that for certain special services additional conditions apply. These will be provided to the customers before use in the form of additional conditions. Terms and conditions or conditions of use that deviate from these General Terms and Conditions are not valid unless the Operator expressly agrees to them.
§ 2 Definitions
1. "Works" in the sense of these GTC are all personal intellectual creations in the sense of § 2 UrhG, photographs in the sense of § 72 UrhG and other products protected by ancillary copyright. In particular, "works" in the sense of these GTC are: Texts, images, graphics, brand and company logos, videos, and audio files.
2. "Products" in the sense of these GTC are all offered articles.
3. "Customers" in the sense of these GTC are both consumers and entrepreneurs. Consumers in the sense of the terms and conditions are natural persons who conclude legal transactions for purposes that can predominantly be attributed neither to their commercial nor their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when entering into a contract with the Merchant, act in the exercise of their commercial or independent professional activity.
4. Customers can be persons of full legal capacity from a minimum age of 18 years as well as legal entities. In the case of legal entities, the registration must be made by an authorized representative. It is expressly forbidden to register a user account for third parties without their consent, as well as the multiple use of different accounts by one user. The operator reserves the right to make the admission dependent on the transmission of suitable proof (excerpt from the commercial register, trade certificate, official permits or licenses).
5. The data required for registration must be provided completely and correctly. Changes to the data provided must be notified by the customer without delay or corrected in the account settings. This concerns in particular the indication of a correct delivery and invoice address as well as correct payment data. For business customers, in particular the fact of abandonment of the business or freelance activity, as well as the insolvency or liquidation of the company. The account is not transferable for private as well as for commercial customers.
6. The operator reserves the right to make the use of the store dependent on certain conditions such as the verification of the registration data or the number of positive or negative reviews also on other Internet portals and platforms.
7. For the purchase and redemption of discount codes and vouchers, these GTC apply accordingly, unless a deviating provision has been expressly made.
§ 3 Conclusion of contract
1. The goods offered in the online store do not constitute a binding offer of sale to the user, but is only an invitation to the user to order goods in the online store.
2. By clicking the button "Buy now" the customer makes a binding offer to conclude a purchase contract.
3. A purchase is concluded for all offered payment options with the exception of the payment method Klarna and SOFORT, with the receipt of the purchase confirmation by the customer. If the customer has chosen the payment method Klarna or SOFORT, the purchase contract is only concluded at the time of receipt of the shipping confirmation. In this case, the confirmation e-mail following the customer's order only documents that the operator has received the order.
The operator is not obliged to accept purchase offers from the customer and can refuse acceptance at any time without giving reasons. The operator informs the customer immediately by email about the non-acceptance of the offer. Payments already made by the customer will be refunded in full.
4. After completion of the order process, the operator sends a confirmation of receipt to the e-mail address provided by the customer with an overview of the order data and a link to the general terms and conditions. This automatic confirmation of receipt merely documents that Outdooractive has received the customer's order and does not constitute acceptance of the order.
§ 4 Prices, shipping costs, delivery
1. All prices quoted by the operator include the statutory value-added tax.
2. The shipping costs are stated in the price information in Outdooractive's online store. The price of the goods including VAT and applicable shipping costs is also displayed in the order mask before the customer submits the order.
3. Of several discounts applicable to the order, only the highest applies in each case. Reduced goods are not eligible for discounts.
4. The delivery period is 5 to 7 working days within the Federal Republic of Germany, unless otherwise agreed.
5. The operator reserves the right to accept orders for delivery only to countries of the European Economic Area, Great Britain, Scotland, Wales and Switzerland.
6. The operator reserves the right to individually determine and adjust the order value per recipient country.
7. The operator is entitled to partial deliveries, if this is reasonable for the customer. If we fulfill customer orders by partial deliveries, the customer only incurs shipping costs for the first partial delivery. If partial deliveries are made at the customer's request, we shall charge shipping costs for each partial delivery.
8. For a safe and punctual delivery by the appropriate logistics service provider, it is necessary that the operator in addition to the address of the customer further contact information (eg e-mail address, telephone number) forwarded to them.
9. If the packaging of the delivered goods shows external damage, it must not be opened. An appropriate picture of the damaged packaging is to be sent to the e-mail address: firstname.lastname@example.org. Subsequently, the operator will contact you to resolve the matter.
§ 5 Payment and terms of payment
1. Payment is made optionally to the payment methods mentioned under §5 number 3 using a Pro Alliance discount code or a voucher. The discount code or voucher used may not fully cover the price of the shopping cart including shipping.
2. The Operator reserves the right to change the offered payment methods and to exclude some and refer to the remaining ones.
3. In cooperation with Shopify, the Operator offers payment in Germany via Shop Pay, Google Pay, Apple Pay, Maestro, credit card (Visa, Master or American Express Card), Klarna and SOFORT.
3.5 Maestro: ayment services (technical connection of online payment methods); service provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Website: https://www.mastercard.de/de-de/mastercard-fuer-sie/finden-sie-eine-karte/maestro.html, Datenschutzerklärung: https://www.mastercard.de/de-de/datenschutz.html
3.8 Amex: payment services (technical connection of online payment methods); service provider: American Express Europe S.A.; Zweigniederlassung Deutschland. Theodor Heuss Allee 112, 60486 Frankfurt am Main; Website: https://www.amercianexpress.com/de, Datenschutzerklärung: https://www.americanexpress.com/de-de/firma/legal/datenschutz-center/online-datenschutzerklarung/?inav=de_legalfooter_dataprivacy
3.9 Bancontact: payment services (technical connection of online payment methods); service provider: Bancontact Payconiq Company SA /NV 82, Rue dÀrlon, 1040 Brüssel, Belgien, Website: https://www.bancontact.com/en; Datenschutzerklärung: https://www.bancontactpayconiq.com/files/pr
3.10 EPS: payment services (technical connection of online payment methods); service provider: PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Wien, A, Website: https://www.eps-ueberweisung.at , Datenschutzerklärung: https://eps-ueberweisung.at/de/datenschutz
3.11 ShopPay: payment services (technical connection of online payment methods); service provider: Shopify International Limited, Victoria Buildings, 2. Etage,1-2 Haddington Road, Dublin 4, D04 XN32, Irland; Website: https://www.shopify.de; Datenschutzerklärung: https://www.shopify.de
3.12 iDEAL: payment services (technical connection of online payment methods); service provider: Currence ideal B.V. PO Box 83073 1080 AB Amsterdam, NL, Website: https://www.ideal.nl/en/, Datenschutzerklärung: https://www.ideal.nl/en/privacy-cookie-statement/
3.13 Sofort: payment services (technical connection of online payment methods); service provider: Sofort GmbH, Theresienhöhe 12, 80339 München, Deutschland, Website: https://www.sofort.com, Datenschutzerklärung: https://www.sofort.com/datenschutz.html
4. The payment methods PayPal, Shop Pay, Google Pay and Apple Pay are created as Express Checkout.
5. For foreign orders, Outdooractive also accepts these Express Checkout payment methods as well as the payment methods offered by Shopify in the respective country. These can be viewed under xyz.
6. The customer can enter and redeem the voucher / Pro Alliance discount code in the designated input field in the checkout process. If the discount code is not entered before the checkout process is completed, the discount will not be honored.
7. Customer service: In case of questions, complaints or claims you can reach our customer service at email@example.com.
8. OS platform: The EU Commission has set up an internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform can be reached at http://ec.europa.eu/consumers/odr/. We are obliged to settle disputes with consumers before a consumer arbitration board. Consumers can contact the following consumer arbitration board for this purpose: General Consumer Arbitration Board of the Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, http://www.verbraucher-schlichter.de.
9. In order to check creditworthiness, Outdooractive exchanges address and creditworthiness data with credit service companies in justified cases.
§ 6 Pro Alliance discount codes / vouchers
1. The Operator reserves the right to exclude certain goods from Pro Alliance discount codes or voucher discounts.
2. The operator reserves the right to accept only one Pro Alliance discount code or voucher per order.
3. Pro-Alliance discount codes / vouchers are only redeemable for a limited period of time. They lose their validity on the date stated on the discount code. An extension of the period is not possible.
4. If the Pro Alliance discount code / voucher exceeds the invoice amount, the remaining balance will not be refunded.
5. Pro Alliance discount codes / vouchers are not transferable to other persons.
6. Pro-Alliance discount code / voucher redemptions may be subject to minimum order values. Should the customer return goods and subsequently fall below the minimum order value, then Outdooractive reserves the right to cancel the Pro-Alliance discount code.
7. Pro-Alliance discount codes / vouchers will not be refunded if goods are returned. If the customer partially returns the goods, the discount code will be applied to the retained goods in analogy to the purchase transaction.
8. The operator reserves the right to make the redemption of the Pro-Alliance discount codes / vouchers dependent on further conditions. In such cases, the operator will inform the customer in advance of the special conditions for redemption.
§ 7 Defects and returns
1. The Operator shall be liable for defects within the scope of the statutory provisions. However, the Customer shall only be entitled to claims for damages and reimbursement of expenses due to defects insofar as the liability of the Operator is not excluded or limited in accordance with §13 of these General Terms and Conditions.
2. The return period is 14 days from delivery of the goods.
3. Credit notes from returned goods will only be issued for clean, unworn, securely and carefully packed and undamaged goods. Goods that do not correspond to the original condition are excluded from exchange or return per se. Small parts (e.g. pins) must be returned in the original unopened packaging.
4. The returned goods will be carefully checked and if they are not in perfect condition, they will be returned to the customer at the customer's expense.
5. Returns are free of charge for the customer if the enclosed return label is used. Any other use of the return label than for the return of the ordered goods to the operator represents gross misuse and will be charged to the customer with all further costs incurred.
6. Please always return returns to the operator:
Missener Street 18
7. The package to be returned must be properly sealed and stamped. Packages sent freight collect will not be accepted by the operator. Please make sure that the return label is removed or well pasted over. Please do not cover the QR code and barcode fields with adhesive tape.
8. In the event of a return and acceptance of the return by Outdooractive, the refund will be made to the payment method used for the original transaction, less shipping costs..
§ 8 Contract duration
1. The registration in the online store by the customer is for an unknown duration.
2. The conclusion of the contract between the customer and the operator takes place separately for each order. The customer has a right of withdrawal according to §10. If goods ordered by the customer are not available for a longer period of time due to suppliers or in the case of Force Majeur, the operator can withdraw from the contract with written notification to the email address provided by the customer.
3. The right to block customer accounts remains unaffected.
§ 9 Reimbursement of costs for returned goods
1. If the returned goods are in perfect condition, the purchase price will be refunded minus any shipping costs incurred.
2. The refund will be made to the original means of payment deposited at the time of payment. If any fees are incurred, they will be borne by the customer.
§ 9 Retention of title
The goods remain the property of the operator until full payment of the purchase price.
§ 10 Revocation
Cancellation policy: If you are an entrepreneur in the sense of § 14 of the German Civil Code (BGB) and act in the exercise of your commercial or self-employed activity when concluding the contract, the right of cancellation does not apply.
1. Cancellation Policy:
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2. Right of withdrawal
The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods, the withdrawal period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods of his order.
In order to exercise his right of withdrawal, the customer must inform us (company Outdooractive AG, Missener Straße 18, 87509 Immenstadt, telephone number: 0049 832380060, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. For this purpose, he may use the enclosed model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that he sends the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation :
If the customer revokes this contract, we shall reimburse you all payments we have received from the customer, including any delivery costs incurred (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of revocation of this contract. Excluded from this are costs for goods returns. For this repayment, we use the same means of payment that the customer used for the original transaction.
Sample cancellation form
(If you want to cancel the contract, please fill out this form in block letters and send it back).
Missener Street 18
Fax number: +49 83238006190
E-mail address: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
E-mail address with which I/we (*) am/are registered (*):
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication) _____________________________________________________
Date (*) Delete as applicable
The customer expressly agrees that the operator may begin with the execution of the contractually owed service before the end of the revocation period. The customer is aware that by giving his consent he loses his right of withdrawal when the execution of the contract begins.
§ 11 Rights of use
All logos, photographs and other images in the store are protected by trademark and/or copyright. Any use without the consent of the operator, including unauthorized download of these, is prohibited and will be prosecuted under civil or criminal law.
§ 12 Warranty
1. The legal warranty rights apply. The Operator's liability for damages is limited in accordance with the provisions of Section 13.
2. The Operator does not guarantee that the Shop will be available at all times without interruption or error.
§ 13 Liability of the Operator
1. The Operator shall be liable without limitation for damages caused by it, its legal representatives or its vicarious agents resulting from injury to life, body or health (personal injury) as well as for all damages caused intentionally or by gross negligence.
2. The Operator shall be liable without limitation in the event of fraudulent concealment of defects and in the event of the assumption of a guarantee of quality.
3. The operator is only liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is violated. Material contractual obligations are obligations that protect the Customer's material contractual obligations, which the contract is intended to grant the Customer according to its content and purpose; furthermore, material obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the Customer has regularly relied or may rely, e.g. the Operator must hand over the item to the Customer free of material defects and defects of title and procure ownership of it. In these cases, however, the liability is limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for the contract.
4. Any statutory strict liability and the provisions of the Product Liability Act shall remain unaffected by the above limitation of liability.
5. The Operator shall not be liable for delays or breaches of contract if the delay or breach is caused by Force Majeur and is beyond its control. Events beyond the Operator's control are in particular strikes, lockouts or other industrial events, civil uprisings, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters or failures of private or public telecommunication networks, rail transport, sea freight, air freight, forwarding or other public or private transport.
§ 14 Blocking of users, deletion of content
1. The Operator has the right to permanently block Customers and to deny them renewed access to the Platform. A permanent blocking by the Operator is possible in particular in the case of gross violations of these GTC, in the case of violations of the obligation to truthfully provide the required personal data or in the case of gross violations of the prohibition of posting inadmissible content. Furthermore, a permanent blocking for another important reason, in particular in case of loss or suspected misuse of the access data by a third party, may be considered. The User will be notified of the permanent blocking in text form.
2. In the event of violations of these General Terms and Conditions, the Operator may also temporarily block the User as a milder measure in order to urge the User to comply with his obligations. The User will be notified of a blocking in text form. In the event of a blocking of the member account, the User is prohibited from re-registering with the platform and opening a new member account until the Operator has given its express prior consent.
3. In addition, the Operator may, as an even milder measure, delete such offers that violate legal regulations or these GTC. When choosing the measure, the Operator shall take into account the legitimate interests of the User, in particular whether the User is responsible for the violation.
§ 15 Data protection
1. The collection of customer data serves to provide a user-friendly, efficient and secure store offer.
2. All information on data protection and data security can be found in the data protection regulations of the operator: www.shop.outdooractive.com.
3. By concluding the contract, the customer agrees that he has read and accepted the operator's data protection regulations.
§ 16 Functional changes, contract takeover
1. The Operator reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of the store.
2. The Operator is entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks. The customer is entitled to terminate the account at any time.
§ 17 Changes to the General Terms and Conditions
1. Outdooractive is entitled to make changes to the General Terms and Conditions at any time. Outdooractive will only make these changes for good cause, in particular due to changes in the law, legal requirements or other important reasons.
2. The current General Terms and Conditions valid at that time shall apply to each purchase.
3. Outdooractive will record the time of the change at the beginning of each revision of these General Terms and Conditions.
4. Outdooractive will notify customers of significant, i.e. not merely editorial, changes to the General Terms and Conditions with sufficient advance notice via the website/app or by e-mail. Consent is deemed to have been granted if a customer does not object to the new GTC by the specified period of time before the new GTC take effect. The objection must be in text form. If a customer does not agree with the changes, then he can terminate his account without notice and free of charge before the new GTC come into effect. Customers will be informed of this again in the notification. If no objection is received from the customer, the GTC will automatically become the basis for the account and all future purchases. Alternatively, Outdooractive may also obtain the customer's express consent to the changes to the GTC.
§18 Severability clause
Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by the statutory provisions.
§ 19 Final provisions
1. The contractual relationship between the Customer and the Operator as well as these General Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The application of German international private law is excluded.
2. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
3. Verbal collateral agreements do not exist.
4. Insofar as the Member is an entrepreneur within the meaning of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, Kempten shall be the exclusive place of jurisdiction for all disputes arising from the User Agreement and these GTC.