General terms and conditions of the company Skimont for the purchase of handmade skis and snowboards and for the implementation of DIY workshops.
Validity, language
(1) All our offers, deliveries and services are subject to these general terms and conditions.
(2) These terms and conditions are valid until revoked.
Conclusion of contract, client, agreements, services
(1) Our offers are subject to change and non-binding and are merely an invitation to submit offers.
(2) The contract concluded in writing, by telex or e-mail, including these General Terms and Conditions, shall be solely authoritative for the legal relationship between us and the Customer. This contract fully reflects all agreements between us and the customer regarding the subject matter of the contract. Verbal promises made by us before the conclusion of this contract are not legally binding. Additions and amendments to the agreement reached, including these Terms and Conditions, must be in writing to be effective. Transmission by fax or e-mail shall be sufficient to comply with the written form requirement. Other telecommunication channels are not sufficient.
Conditions to be guaranteed by the customer
The customer assumes the following obligations: he shall ensure compliance with the safety and care instructions each time he uses our products.
Prices, payment, delivery
(1) Since we are a small business, the VAT will be shown. Our prices do not include transport and packaging costs.
(2) Our store on the website www.Skimont.de offers the payment options PayPal and credit card payment via Stripe and cash payment in case of self-collection, but only for skis & snowboards.
(3) When ordering our handmade skis & snowboards, the delivery time is announced to the customer individually and never exceeds 12weeks.
(4) Delivery will be made only after full payment of the ordered goods.
(5) We are entitled to refuse delivery and service if the customer is in default of payment.
(6) After successful registration for a DIY workshop, the participant will receive the corresponding invoice by e-mail. This must be paid within the next 10 days, unless the DIY Workshop has already been paid via Paypal or bank transfer in the order process on the website www.skimont.de. Only with receipt of the above mentioned payment on our bank account the contract is considered as closed on both sides.
Subsequent changes to an order
Subsequent changes to the order, i.e. changes made after the conclusion of the contract, will be invoiced additionally. Any change to the order data (invoice recipient, delivery address, shipping method, payment method, etc.) shall also be deemed to be a change to an order. Changes at the request of the customer will be charged at an hourly rate of € 80 net, unless otherwise agreed in writing.
Cancellations, costs, reimbursement of expenses
(1) In the event of a cancellation, a cancellation fee is to be paid as follows:
a) Manufacturing process of skis or snowboards:
After a cancellation by the customer after conclusion of the contract or after confirmation of the offer, a cancellation fee of 30% of the agreed total order is due. If an order for the manufacturing process of skis or snowboards has already been triggered, the cancellation fee is 70%.
b) Participation in workshops:
- 30 days to 1 day before the beginning of the workshop: 50% of the workshop fee
- on the day of the workshop or in case of no-show: 100% of the seminar fee
(2) If agreed advance payments are not made by the customer on time after a reminder, this shall be deemed to be a cancellation if we do not receive a response to a further inquiry within 14 days.
Shipment, transfer of risk, place of performance
(1) If we undertake the delivery, we shall determine the appropriate mode of shipment and the transport company.
(2) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment.
(3) Place of performance for all obligations arising from the contractual relationship is Sehmatal-Sehma.
Notification of Transport Damage
(1) The Customer shall notify the carrier of any loss of or damage to the goods in accordance with § 438 of the German Commercial Code (HGB). In the case of externally visible damage or shortages, this must be done at the latest upon delivery, otherwise (hidden defects) within seven days of delivery. The notification must identify the damage sufficiently clearly.
(2) Notification of damage after delivery shall be made in text form. Timely dispatch shall be sufficient to comply with the time limit.
(3) In all other respects § 438 of the German Commercial Code shall apply.
Notification of damage in transit
(1) The customer shall notify the carrier of any loss of or damage to the goods in accordance with Section 438 of the German Commercial Code (HGB). In the case of externally visible damage or shortages, this must be done at the latest upon delivery, otherwise (hidden defects) within seven days of delivery. The notification must identify the damage sufficiently clearly.
(2) Notification of damage after delivery shall be made in text form. Timely dispatch shall be sufficient to comply with the time limit.
(3) In all other respects § 438 of the German Commercial Code shall apply.
Material and personal skills within the scope of DIY Workshops
(1) We provide the workshop participant with special work material. This work material is in the care of the participant until it is returned to us. In the event of loss or damage to the work material, we reserve the right to pass on the costs incurred to the participant who caused the loss or damage.
(2) Our workshops require a high degree of technical understanding, concentration and personal responsibility from the participant. We are entitled to exclude participants from further participation in the workshop if they do not follow our instructions, show serious weaknesses in craftsmanship, damage tools or equipment, or endanger other persons. Exclusion will void all claims to repayment of any fees.
Insurances in the context of the DIY Workshops
Each participant must have liability insurance.
Danger notice and limitation of liability in the context of the DIY Workshops
(1) When booking the DIY Workshop, each participant must be aware that activities in the craft area involve risks. Despite the highest level of safety precautions, every activity in our workshop involves a residual risk that the organizer cannot influence.
(2) Our liability for damages caused by slight negligence, which are not bodily injuries, is limited to three times the seminar price. The same applies to damages caused by the fault of a service provider.
(3) For reasons of liability, ski bindings will be mounted, but we are not able to adjust the ski bindings according to the regulations and refer to a professional adjustment in a sports store.
General liability
We manufacture all our products carefully by hand and pay attention to perfect workmanship.
(1) The customer has to check the contractual conformity of the goods in any case immediately.
(2) For our skis and snowboards we give 12 months warranty on delamination. (Please note an optimal storage temperature between 5 and 35 degrees Celsius)
(3) Damage (such as breakage, compression or binding tear) caused by natural wear and tear, by excessive or improper use, by external influences such as fire, heat, water, etc., by failure to follow the instructions for use, by improper care or lack of or improper maintenance are not considered defects. This is sports equipment that is designed for hard use. Nevertheless, we know very well from our own experience when a ski or snowboard reaches the load limit and can no longer withstand certain forces.
(4) Any textiles are excluded from the warranty.
(5) In case of binding damages we refer to the Customer Support of the manufacturer.
Retention of title
(1) The following agreed retention of title serves to secure all our respective existing current and future claims against the customer arising from the supply relationship for products existing between the contracting parties.
(2) The goods delivered by us to the customer shall remain our property until full payment of all secured claims.
Final Provisions, Applicable Law and Place of Jurisdiction
(1) The contract existing between us and the customer is subject to the law of the Federal Republic of Germany.
(3) If the customer is a merchant within the meaning of § 1 I of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts of Sehmatal-Sehma shall have exclusive jurisdiction over all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
(5) Amendments and supplements to these General Terms and Conditions must be made in writing. This shall also apply to any amendment of this written form clause. Amendments shall only apply if they are countersigned by both partners.
Data protection
For all information in connection with the handling of user data, please refer to our separate data protection declaration.
Severability clause
Should one or more of the above provisions, or parts thereof, be invalid, the validity of the remaining GTC shall remain unaffected.