General Terms and Conditions

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The General Business Terms and Conditions of the Garmisch-Partenkirchen Market, GaPa Tourismus Division for online orders at the Internet shop on the web site www.gapa.de

The customer’s contractual partner is the

Garmisch-Partenkirchen Market,

represented by First Mayoress Dr. Sigrid Meierhofer

Abteilung Tourismus

Richard-Strauss-Platz 1a, D-82467 Garmisch-Partenkirchen

Tel: +49 8821 180 700

Fax: +49 8821 180 755

E-mail: tourismusdirektor@gapa.de

(hereafter, “GaPa Tourismus”)


§1 Sphere of validity / Definitions

Exclusively the following General Business Terms and Conditions that are valid at the point in time the order is made shall be effective for the business relationship between GaPa Tourismus and the customer (hereafter, “Customer”). Any deviating terms and conditions of the Customer shall not be recognised unless the Supplier has expressly approved their validity in writing.

(2) The Customer shall be considered to be a consumer insofar as the purpose of the deliveries and services ordered cannot be attributed to his commercial or independent professional activities. However, an entrepreneur is considered to be any natural or juridical person or partnership that is able to conduct legal dealings which involve exercising his commercial or independent professional duties when concluding the agreement.

(3) These AGB [General Business Terms and Conditions] have been drafted in the German language and can be downloaded by the Customer into his main storage device. The AGB can also be printed out by the Customer via the printing function. Upon request, these AGB may be requested in digital or written form at +49 8821 180 733 or by contacting the e-mail address shop@gapa.de.

§ 2 Product selection – ordering processing

The Customer shall have the opportunity to select and order products on the web site www.gapa.de. With regards to individual products, the Customer shall receive a product description upon the respective web site or in conjunction with the naming of the product. The Customer may click on the products upon the web site which he desires. They will be collected in a virtual shopping basket and, at the end of his shopping, the Customer shall receive a list of the products with the total final price including the statutory VAT as well as the shipping costs incurred for the quantity of goods ordered (§ 6 Shipping costs). By clicking upon the “Confirm pucharse” button, the Customer is submitting a binding order to purchase the goods in the shopping basket. Before submitting the order, GaPa Tourismus will give the Customer the opportunity to review the order with regards to the correctness of its contents, particularly with regards to price and quantity and, as required, to correct it. However, the order may be sent and transmitted only if the Customer has accepted these contractual terms and conditions by clicking on the “Accept AGB” button and, by so doing, having incorporated them into his order.

(2) GaPa Tourism will then send the customer an automatic confirmation of receipt per e-mail, in which the customer order and also these general terms and conditions are stated once again and can be printed by the customer using the "print" function. The sample withdrawal form is also already enclosed with the confirmation of receipt in case of a potential withdrawal instruction and can also be printed if so required. The automatic confirmation of receipt shall document merely that the Customer’s order has been received by GaPa Tourismus and constitutes no acceptance of the order (with regards to the conclusion of the contractual agreement, cf. § 4 of these AGB).

§ 3 Prices / Return Costs

The prices shall be valid at the point in time that the order is made as the prices that are listed upon the Internet web pages of GaPa Tourismus. The prices for the individual products are understood to be from the commercial residence of GaPa Tourismus including VAT without costs for packaging and shipping. The costs for packaging and shipping (cf. also § 6) shall be automatically calculated and shall be added, clearly visible, to the total of all goods in the shopping basket.

(2) The customer shall bear the direct costs of the return. Please refer to §5 (withdrawal instructions) also on this matter.

§ 4 Conclusion of the agreement

Orders shall be accepted for the entire EU territory as well as the USA and Canada. GaPa Tourismus reserves the right, in whole or in part, not to carry out the order if the ordered goods are not available. In this case, GaPa Tourismus shall be obliged to notify the Customer of the non-availability of the goods and promptly provide reimbursement for any counter-performances already received from the Customer.

(2) The offers of GaPa Tourismus upon the web site are non-binding. Thus, GaPa Tourismus is not obliged to render performance in the event that the goods are not available. The conclusion of a contractual agreement and thus a contractual obligation for the individual products shall only then be considered to be valid upon the delivery of the goods to the Customer or in the event that GaPa Tourismus has confirmed the Customer’s order in text form. Any confirmation of receipt for the order that is prepared based upon the Customer’s order shall not yet expressly constitute an acceptance of the contractual offer, i.e. it shall not yet constitute the conclusion of a contractual agreement.

(3) GaPa Tourismus shall be entitled to supply goods that are comparable in quality and price if the ordered goods are not available and the Customer has expressly declared his approval of this policy on the order form. Furthermore, GaPa Tourismus reserves the right to refuse to make a delivery or to conclude a contractual agreement if, for example, a previous order from the Customer could not be carried out owing to reasons for which the Customer was responsible, the Customer has bad credit or the shipping address is located outside of the delivery territory. In these cases, GaPa Tourismus shall promptly notify the Customer of its refusal and return any counter-performances to the Customer which it has already provided to GaPa Tourismus.

(4) Until payment in full of the purchase price is made, the goods shall remain the property of the Garmisch-Partenkirchen Market. The Customer must promptly notify GaPa Tourismus in writing of all third-party claims, particularly of debt enforcement measures as well as other restrictions upon its ownership rights. The Customer must provide compensation to GaPa Tourismus for all damages and costs which it incurs through a violation of this obligation and through any required intervention measures against third-party claims.

§ 5 Right of Withdrawal for Consumers
As a customer you are a consumer (a consumer is any natural person, who concludes a legal transaction with an objective, which can be attributed neither to his commercial activities nor his work (§ 13 BGB [German Civil Code])). If you have concluded a contract with the seller exclusively via telecommunications media, in particular per telephone, e-mail or fax, or via the www.gapa.de website, you have a right to withdraw in accordance with the following:

You have the right to withdraw from the contract within fourteen days without stating any reason.

The withdrawal deadline comes to fourteen days from the day on which you or a third party named by you other than the carrier took possession of the goods. If you ordered several items within the context of a single order and these are delivered separately, the withdrawal deadline comes to fourteen days from the day on which you or the third party named by you other than the carrier took possession of the last goods delivered.

In order to exercise your right to withdraw you have to inform us,

Tourist Information Garmisch-Partenkirchen - GaPa Shop -                

Richard-Strauss-Platz 2 – D-82467 Garmisch-Partenkirchen

Telephone: + 49 (0) 88 21 -180 7733 -  Fax: + 49 (0) 88 21 -180 7755

E-Mail: shop@gapa.de

in the form of an unambiguous statement (e.g. a letter by post, a fax or e-mail) of your decision to withdraw from this contract. To do so, you may use the enclosed sample withdrawal form, though this is not obligatory.

You can also complete and submit the sample withdrawal form or another unambiguous statement in electronic form via our website www.gapa.de/muster-widerrufsformular. If you avail of this option, we will send you immediate confirmation of receipt of such a withdrawal (e.g. per e-mail).

In order to comply with the withdrawal deadline, it is sufficient for you to have sent the communication concerning the exercise of the right of withdrawal before expiry of the withdrawal deadline.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments received by us from you, including the delivery costs (with the exception of additional costs incurred because you chose a form of delivery other than the least expensive, standard delivery offered by us) immediately and at the latest within fourteen days from the date on which we received the communication on your withdrawal from this contract. For this repayment, we will use same payment method used by you in the original transaction, unless otherwise expressly agreed with you; under no circumstances will this repayment be charged.

We can refuse to make the repayment until we have received the goods or until you have provided evidence that the goods have been sent back by you, depending on which comes first.

You are to return or deliver the good to us immediately and any event at the latest within fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is complied with, if you have sent the goods before the period of fourteen days has expired. You bear the direct costs for the return of the goods.

You only bear the costs for any contingent loss of value to the goods, if this loss of value results from handling other than what is necessary to ascertain the nature and functioning of the goods.

Exclusion or Premature Expiry of the Right to Withdraw

The right to withdraw does not exist in the case of contracts

  • for the delivery of goods that are not prefabricated and where an individual selection or specification by the consumer is decisive for their manufacture or which have clearly been tailor-made to meet the personal requirements of the consumer;
  • for the delivery of goods that may spoil rapidly or for which the expiration date is quickly exceeded;
  • for the delivery of alcoholic beverages whose price was agreed on conclusion of the contract, but could only be delivered at the earliest thirty days after conclusion of the contract and whose current value depends on fluctuations in the market over which the seller has no influence;
  • for the delivery of newspapers, periodicals or illustrated magazine, with the exception of subscription contracts.

The right to withdraw expires prematurely in the case of contracts

  • for the delivery of sealed goods that are not suitable for return for reasons of health, safety or hygiene, if the seal was removed after delivery;
  • for the delivery of goods, if due to their characteristics these were inseparably mixed with other goods after delivery;
  • for the delivery of sound recordings or video recordings or computer software in sealed packaging, if the seal was removed after delivery."


End of the withdrawal instruction


§ 6 Shipping costs

The delivery of the goods ordered by the Customer shall be made by a company commissioned by GaPa Tourismus to do so. The shipping costs to be paid by the buyer domestically shall amount to a lump-sum amount of 5.90 EUR. In the event that shipments are made to other countries within the EU, the lumpsum shipping costs shall be 15.00 EUR (up to 5 kg – above 5 kg, please submit an inquiry to find out the shipping costs). For Canada and the USA, the lump-sum shipping costs shall be 34.00 EUR (up to 5 kg – above 5 kg, please submit an inquiry to find out the shipping costs). In both cases, the actual costs incurred for packaging and shipping shall only be partially covered through this lump-sum amount. GaPa-Tourismus shall pay the rest.

§ 7 Payment terms and conditions

For all Customers, payment shall be made by making advance payment (in cash / by wire transfer / PayPal). In the event that payments are made via PayPal, PayPal’s terms and conditions must be followed. Prices upon the invoice are always end customer prices including VAT. It is not permitted to take discounts. In the event that payment is late, the Customer who is a consumer shall be obliged to pay payment default interest in the amount of 5 % above the base lending rate (§ 247 BGB [German Civil Code]) to GaPa Tourismus. Insofar as the Customer is late in making payment, a lump-sum amount of five euro shall be charged as a fee for each warning letter that is sent whereby the buyer shall be at liberty to document that no costs or only lower costs have been incurred. The right of the Customer to make an offsetting or withhold payments shall not exist unless the payment claim is undisputed or has been legally upheld in court.

§ 8 Warranty

GaPa Tourismus shall be liable for material defects in accordance with the valid statutory directives, particularly §§ 434 ff BGB. In the event that the Customer is an entrepreneur, the warranty obligation shall be 12 months for goods supplied by the supplier.

(2) In the event that the notification of defects is justified, GaPa Tourismus shall provide a free-ofcharge replacement delivery of comparable goods in a corresponding quantity. In principle, the Customer shall have the right to choose between a rectification of defects and a replacement delivery of flawless goods. Because, owing to the uniqueness of some of the goods supplied by GaPa Tourismus, a rectification of defects is generally not possible or is possible only with unreasonably high expenditures, a replacement delivery shall generally be made. However, in the event that a rectification of defects does not create unreasonably high expenditures in comparison with the replacement delivery option, the Customer may opt for a rectification.

(3) A warranty has been provided for the goods supplied by GaPa Tourismus only if this has been expressly stated on the order confirmation for the respective item.

§ 9 Liability

Claims of the Customer for damage compensation shall be excluded. Excepted from this are damage compensation claims of the Customer owing to the loss of life, physical injury, damage to health or arising from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages which are based upon intentional wrongdoing or gross negligence upon the part of GaPa Tourismus and/or its legal representatives or vicarious agents. Essential contractual obligations are considered to be such obligations, the fulfilment of which is required for the attainment of the object of the agreement.

(2) In the event that there is a violation of essential contractual obligations, GaPa Tourismus shall be liable only for contractually typical, foreseeable damages if they have been caused through simple negligence unless they involve damage compensation claims of the Customer arising from the loss of life, physical injury or damage to health.

(3) The restrictions specified in Paras. 1 and 2 shall also be valid to the benefit of the legal representatives and vicarious agents of GaPa-Tourismus if claims are asserted directly against them.

(4) The directives of the Produkthaftungsgesetz [German Product Liability Act] shall remain unaffected.

§ 10 Force majeure

In the event that GaPa Tourismus cannot render its contractual performance owed due to force majeure (particularly wars or natural catastrophes), then it shall be released from its obligations to render contractual performance for the duration of the hindrance. If it is impossible for GaPa Tourismus to carry out the order or supply the goods for longer than one month’s time owing to force majeure, then the Customer shall be entitled to withdraw from the

agreement.

§ 11 Data processing

During the implementation of agreements, GaPa Tourismus shall collect data from the Customer. In so doing, it shall adhere to the directives of the Bundesdatenschutzgesetz [German Data Protection Act] and Teledienstdatenschutzgesetz [German Telecommunication Services Data Protection Act]. Without the Customer’s approval, GaPa Tourismus shall collect, process or use only inventory and usage data insofar as this is required for the implementation of the contractual relationship and for the usage and billing of telecommunication services.

(2) Without the Customer’s approval, GaPa Tourismus shall not use the Customer’s data for advertising or market/opinion research purposes. However, the Customer shall have the option, within the parameters of the ordering dialogue through making an active selection (ticking – opt-in), to approve the use of the data for advertising targeted to the Customer (e.g. information about special offers, rebate campaigns) by post, e-mail and SMS as well as for market research purposes.

(3) Otherwise, reference is made to the below data protection declaration for additional information about the collection, processing and use of data.

§ 12 Final provisions – legal venue

The contractual language shall be German.

(2) The relationships between the Contractual Parties shall be regulated exclusively in accordance with the law that is valid for the Federal Republic of Germany. The applicability of the einheitlichen Gesetzes über den internationalen Kauf beweglicher Sachen [Uniform Convention on the International Purchase of Movable Goods] as well as the Gesetzes über den Abschluss von internationalen Kaufverträgen über bewegliche Sachen [Convention on the Conclusion of International Purchasing Agreements for Movable Goods] shall be excluded.

(3) If the Customer is an entrepreneur, a juridical person under public law or a special foundation under public law, the legal venue for all disputes arising from the contractual relationships between the Customer and GaPa Tourismus shall be Garmisch-Partenkirchen.

Data protection declaration

Thank you very much for your interest in Garmisch-Partenkirchen and our web site. The protection of your personal data during their collection, processing and use arising from your visit to our homepage is very important to us. Your data are protected in accordance with the statutory directives. In the following, you will find information about what data are collected during your visit and how they are used.

Attention: Your personal data are supposed to be saved through the usage of all technical and organisational possibilities in such a manner that they are not accessible to third parties. However, please keep in mind that, when communicating by e-mail, complete data security cannot be guaranteed so that any confidential information should preferably be sent via the postal service.

1. Collection and processing of data

Every accessing of our Internet web page and every retrieval of the file saved there are logged. The saving is for internal system-related and statistical purposes. The following are logged: Name of the file being retrieved, date and time of day of the retrieval, quantity of data transferred, notification that a successful retrieval has been made, Web browser, the inquiring domain as well as the IP addresses of the inquiring computer. More extensive personal data shall be collected only if you provide this information voluntarily, e.g. within the parameters of an inquiry or registration.

2. Use and dissemination of personal data

Insofar as you have provided us with personal data, we shall use them only to answer your inquiries, to implement agreements concluded with you and for technical administration. Your personal data shall be forwarded or otherwise disseminated to third parties – particularly the forwarding of order data to suppliers – only if this is required for the purpose of contractual performance or you have approved this in advance.

3. Right of revocation

You have the right at any time, in whole or in part, to revoke the approval you have issued with validity for the future. The revocation must be sent in writing to:

GaPa Tourismus, Richard-Strauss-Platz 1, 82467 Garmisch-Partenkirchen, phone: + 49 8821 180 733 or e-mail: shop@gapa.de.

The deletion of the saved personal data shall be made if you revoke your approval for the saving of such data, if the knowledge of such data is no longer required for the fulfilment of the purpose being pursued through the saving of such data or if the saving of such data is not permitted owing to other legal reasons.

4. Right to receive information

Upon written request, we will be glad to provide you with information about the personal data saved about you. Please send your information request to the aforementioned address.