Alpi Sport

Registered office

Abatex A Sprl.
Route du Lac de Warfa 78
4845 Jalhay
Belgium

Tel: +32 87 47 49 07

VAT : BE0480 089 028
BCE : 0480 089 028
ING account number: BE42 3631 3360 9254

Article 1. DEFINITIONS

In these terms and conditions, the following terms shall have the following meanings:
• Alpi Sport: the company Alpi Sport is part of the Abatex A sprl group;
• Additional agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Alpi Sport or by a third party on the basis of an agreement between that third party and Alpi Sport;
• Reflection period: the period within which the Consumer can exercise his right of withdrawal;
• Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a certain period;
• Durable data carrier: any tool - including email - that enables the Consumer or Alpi Sport to store information addressed personally to him in a way that facilitates future consultation or use for a period that is aligned with the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the Consumer to cancel the distance contract within the cooling-off period;
• Agreement: any agreement between the Consumer and Alpi Sport for the delivery of goods and/or services by Alpi Sport to the Consumer;
• Distance contract: an agreement concluded between Alpi Sport and the Consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used to conclude an agreement, without the Consumer and Alpi Sport having to be together in the same room at the same time;
• Working day: all calendar days with the exception of Saturdays, Sundays, January 1, Easter Monday, Ascension Day, Whit Monday, Christmas Day and Boxing Day, the days that have been or will be declared national holidays by the Government, and the day on which the birthday of the Dutch head of state is officially celebrated.

Article 2. APPLICABILITY

2.1. These General Terms and Conditions apply exclusively to all offers from Alpi Sport to Consumer and to all Agreements between Alpi Sport and Consumer - of whatever nature - and all (other) legal acts, legal relationships and Agreements that may or may not arise from or be related to them.
2.2. The provisions of the previous paragraph also apply to additional or supplementary Agreements between Alpi Sport and Consumer.
2.3. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to Consumer. If this is not reasonably possible, Alpi Sport will indicate before the distance contract is concluded in what way the General Terms and Conditions can be viewed at Alpi Sport and that they will be made available free of charge as soon as possible at the request of Consumer.
2.4. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to Consumer electronically in such a way that it can be easily stored by Consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be made available free of charge electronically or otherwise at the request of the Consumer.
2.5. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, Alpi Sport can always invoke the applicable provision that is most favourable to it.

Article 3. THE OFFER

3.1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.2. Alpi Sport pays a great deal of care and attention to putting product information, descriptions and images online, but in the event of any errors in, or incompleteness of, the information provided, the Consumer cannot derive any rights from this. If Alpi Sport uses images, these are for illustrative purposes only. Mistakes or errors in the offer do not bind Alpi Sport.
3.3. Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are associated with accepting the offer.
3.4. If a product is unexpectedly no longer available after the Consumer has accepted an offer, Alpi Sport will reimburse all payments made by the Consumer, including any delivery costs (except as stated in article 8.3, second sentence), without delay but at the latest within 5 working days.

Article 4. THE AGREEMENT

4.1. Subject to the provisions of paragraph 4, and after the Consumer meets the conditions set therein, the agreement will only be concluded after acceptance of the order by Alpi Sport.
4.2. If the Consumer has accepted the offer electronically, Alpi Sport will confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Alpi Sport, the Consumer may terminate the agreement.
4.3. If the agreement is concluded electronically, Alpi Sport will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer can pay electronically, Alpi Sport will take appropriate security measures to that end.
4.4. Alpi Sport may, within legal frameworks, inquire whether the Consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If Alpi Sport has good reason not to enter into the agreement based on this investigation, it is entitled to refuse an order or request or to attach special conditions to the execution.
4.5. If an offer contains an obviously incorrect price, for whatever reason, Alpi Sport has the right to terminate the Agreement, even if it has already been confirmed. Alpi Sport will reimburse all payments made by the Consumer, including any delivery costs, without delay but no later than within 5 working days.
4.6. Alpi Sport will send the following information to the Consumer, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a) the visiting address of the Alpi Sport branch where the Consumer can file complaints;
b) the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c) the information about guarantees and existing after-sales service;
d) the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e) the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
4.7. In the event of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

Article 5. RIGHT OF WITHDRAWAL

For products:
5.1. The Consumer can dissolve an agreement regarding the purchase of a product during the cooling-off period without giving reasons. Alpi Sport may ask the Consumer for the reason for cancellation, but the Consumer is not obliged to state his reason(s).
5.2. The cooling-off period for sale products is 14 days, for all other products a period of 30 days applies
. 5.3. The cooling-off period mentioned above commences on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the carrier, has received the product, or:
a) if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, has received the product in question. Alpi Sport reserves the right – in the event of different delivery times – to postpone the delivery of the order until the entire order can be delivered in one go.
b) if the delivery of a product consists of different shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part;
c) in the case of agreements for regular delivery of products during a specific period: the day on which the Consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible medium:
5.4. The Consumer can terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within 14 days without giving reasons. Alpi Sport may ask the Consumer for the reason for withdrawal, but the Consumer is not obliged to state his reason(s).
5.5. The cooling-off period referred to in paragraph 4 commences on the day following the conclusion of the agreement.

Article 6. OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

6.1. During the cooling-off period, the Consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
6.2. The Consumer shall only be liable for any depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
6.3. The Consumer shall not be liable for any depreciation of the product if Alpi Sport has not provided him with all the legally required information about the right of withdrawal before or upon concluding the agreement.

Article 7. EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS RELATING THERETO

7.1. If the Consumer exercises his right of withdrawal, he shall report this to Alpi Sport unambiguously within the cooling-off period. 
7.2. As soon as possible, but within 30 days (14 days in the case of sale items) from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorised representative of) Alpi Sport. This is not necessary if Alpi Sport has offered to collect the product itself. The Consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
7.3. The Consumer shall return the product with all accessories supplied, if reasonably possible in the original condition and including packaging, and in accordance with the reasonable and clear instructions provided by Alpi Sport.
7.4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
7.5. The Consumer shall bear the direct costs of returning the product, unless Alpi Sport indicates in writing that it will bear the costs itself.
7.6. If the Consumer from outside the EU revokes, costs arising from import duties, or other taxes, fees or levies imposed by customs or other authorities in the country of receipt, will not be reimbursed to the Consumer by Alpi Sport.
7.7. If the Consumer revokes after having first expressly requested that the performance of the service in a limited volume or certain quantity commence during the cooling-off period, the Consumer shall owe Alpi Sport an amount that is proportional to that part of the obligation that Alpi Sport has fulfilled at the time of revocation, compared to the full fulfilment of the obligation. 
7.8. The Consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a) he has not expressly agreed, prior to the delivery thereof, to the commencement of the performance of the agreement before the end of the cooling-off period;
b) he has not acknowledged that he loses his right of withdrawal when giving his consent.
7.9. If the Consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 8. OBLIGATIONS OF Alpi Sport IN CASE OF REVOCATION

8.1. If Alpi Sport makes it possible for the Consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.
8.2. Alpi Sport will reimburse all payments charged by Alpi Sport to the Consumer for the returned product, immediately but no later than 5 working days following the day on which Alpi Sport received the product returned by the Consumer. 
8.3. Any shipping costs charged to the Consumer will only be reimbursed if all items ordered together are returned. In the event that, by returning one or more of the items in an order, the remaining order value falls below the threshold for free shipping, Alpi Sport is entitled to deduct the shipping costs from the amount to be refunded to the Consumer.
8.4. Alpi Sport will use the same payment method used by the Consumer for reimbursement, unless the Consumer agrees to a different method. The reimbursement is free of charge for the Consumer, except for any costs charged by the Consumer's own bank.
8.5. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Alpi Sport does not have to refund the additional costs for the more expensive method.

Article 9. EXCLUSION OF RIGHT OF WITHDRAWAL

Alpi Sport excludes the following products and services from the right of withdrawal:
9.1. Service agreements, after full performance of the service, but only if:
a) the performance has begun with the express prior consent of the Consumer; and
b) the Consumer has declared that he will lose his right of withdrawal once Alpi Sport has fully performed the agreement;
9.2. Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;
9.3. Products that spoil quickly or have a limited shelf life;
9.4. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9.5. Products that are irreversibly mixed with other products after delivery due to their nature;
9.6. Alcoholic beverages, the price of which has been agreed upon at the time of concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which Alpi Sport has no influence;
9.7. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
9.8. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
9.9. The delivery of digital content other than on a tangible medium, but only if:
a) the performance has begun with the express prior consent of the Consumer; and
b) the Consumer has declared that he thereby loses his right of withdrawal.

Article 10. THE PRICE

10.1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates or other government levies.
10.2. Price increases for long-term agreements, within 3 months after the conclusion of the agreement, are only permitted if they are the result of statutory regulations or provisions.
10.3. Price increases from 3 months after the conclusion of the agreement are only permitted if Alpi Sport has stipulated this and: 
a) they are the result of statutory regulations or provisions; or
b) the Consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
10.4. The prices stated in the offer of products or services include VAT.

Article 11. COMPLIANCE WITH AGREEMENT AND WARRANTY

11.1. Alpi Sport guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the agreement was concluded. 
11.2. In the event that the products and/or services do not comply with the specifications as described in paragraph 1, the Consumer will notify Alpi Sport of this as soon as possible, but at least within 30 days (14 days in the case of sale items or items with a limited shelf life) in an unambiguous manner.
11.3. The Consumer will return the product as soon as possible, but at least within the period stated in paragraph 2, or hand it over to (an authorised representative of) Alpi Sport. This is not necessary if Alpi Sport has offered to collect the product itself.
11.4. Alpi Sport is entitled, in the case of safety equipment, to rely on the judgment of its supplier, manufacturer or importer with regard to the soundness of the product. The judgment of the manufacturer is binding in these cases, for both Consumer and Alpi Sport.
11.5. In the event that the products and/or services do not meet the specifications as described in paragraph 1, Alpi Sport will, in consultation with Consumer, ensure the delivery of replacement products and/or services (provided that these are still in stock), or reimburse all payments, including the costs of the return shipment.
11.6. In the event that the ordered products have been shipped, but are unexpectedly not delivered, Consumer must report this within 30 days. If Consumer fails to report the non-delivery within this period, all rights to compensation will lapse.
11.7. Any shipping costs charged to the Consumer will only be reimbursed if all items that were ordered together are returned. In the event that, by returning one or more of the items in an order, the remaining order value falls below the threshold for free shipping, Alpi Sport is entitled to deduct the shipping costs from the amount to be refunded.
11.8. An additional guarantee provided by Alpi Sport, its supplier, manufacturer or importer never limits the statutory rights and claims that the Consumer can assert against Alpi Sport under the agreement if Alpi Sport has failed to fulfil its part of the agreement.
11.9. An additional guarantee is understood to mean any obligation of Alpi Sport, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 12. LIABILITY

12.1. Alpi Sport is not responsible and/or liable for any loss, damage, whether direct, indirect, consequential or otherwise, personal injury, or costs of any nature whatsoever, which the Consumer or third parties may suffer, caused by the use of products or information provided by Alpi Sport and/or caused by access to and use of the Alpi Sport website(s) or caused by Alpi Sport's failure to comply with these General Terms and Conditions, unless such loss and/or damage is the result of intentional acts or omissions, or gross negligence on the part of Alpi Sport.
12.2. If the above-mentioned limitations of liability do not apply, Alpi Sport's liability is always limited to the amount charged for the products.

Article 13. DELIVERY AND EXECUTION

13.1. Alpi Sport will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
13.2. The place of delivery is the address that the Consumer has made known to Alpi Sport.
13.3. Taking into account what is stated in article 3 of these General Terms and Conditions, Alpi Sport will process accepted orders with due speed, but no later than within 14 days, unless a different processing period has been agreed. Deliveries of the order to the Consumer by third parties cannot be guaranteed by Alpi Sport within a specific period, although delivery within 30 days may be expected under normal circumstances. The provisions of article 11.6 remain fully applicable. If an order cannot be processed or can only be processed partially, the Consumer will be notified of this no later than 14 days after placing the order. In that case, the Consumer has the right to terminate the agreement without costs.
13.4. Alpi Sport cannot be held liable for the consequences of late delivery, other than as described in the previous paragraph.
13.5. After termination in accordance with the third paragraph, Alpi Sport will immediately refund the amount paid by the Consumer.
13.6. The risk of damage and/or loss of products rests with Alpi Sport until the moment of delivery to the Consumer or a previously designated representative made known to Alpi Sport, unless expressly agreed otherwise.
13.7. For deliveries outside the BeNeLux, the Consumer may have to pay import duties or other taxes, fees or levies imposed by customs or other authorities in the country of receipt. These costs and/or levies are borne by the Consumer. 
13.8. If the Consumer refuses a delivery or if an order cannot be delivered due to incorrect addressing, the Consumer is responsible for the costs incurred.

Article 14. DURATION TRANSACTIONS: TERMINATION, EXTENSION AND DURATION

Termination:
14.1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services, at any time, taking into account the agreed termination rules and a notice period of one month.
14.2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of one month.

Extension:
14.3. An agreement entered into for a definite period and which provides for the regular delivery of products or services may be tacitly extended or renewed for a definite period.
14.4. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the Consumer may terminate it at any time with a notice period of one month. The notice period is three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Duration:
14.5. If an agreement has a duration of more than one year, the Consumer may terminate the agreement at any time after one year with a notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15. PAYMENT

15.1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Consumer must be paid in advance. In the case of an agreement to provide a service, a payment term of 14 days commences on the day after the Consumer has received confirmation of the agreement.
15.2. The Consumer has the obligation to report any inaccuracies in the payment details provided or stated to Alpi Sport without delay.
15.3. If the Consumer does not meet his payment obligation(s) on time, he will owe statutory interest on the amount still owed after Alpi Sport has informed him of the late payment and Alpi Sport has granted the Consumer a term of 14 days to still meet his payment obligations, and if payment is not made within this 14-day term, Alpi Sport will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €60. Alpi Sport may deviate from the stated amounts and percentages to the benefit of the Consumer.

Article 16. FORCE MAJEURE

16.1. Without prejudice to its other rights, Alpi Sport shall have the right, in the event of force majeure, to suspend or terminate the execution of the Consumer's order, at its own discretion, by notifying the Consumer of this in writing without delay, but no later than within 14 days, and without Alpi Sport being liable for any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
16.2. Force majeure is understood to mean any shortcoming that cannot be attributed to Alpi Sport, because it is not due to its fault and is not its responsibility under the law, legal act or generally accepted views. Force majeure is understood to mean in any case, but not limited to: collapse of buildings, fire, flooding, severe weather, explosion, accidents, war, terrorism, labor disputes (not involving Alpi Sport employees), actions of local or central governments or other competent authorities, interruption or failure of utilities, interruption or failure of Alpi Sport's website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers and supply companies.

Article 17. COMPLAINTS PROCEDURE

17.1. Complaints about the performance of the agreement must be submitted to Alpi Sport within a reasonable time after the Consumer has discovered the defects, fully and clearly described.
17.2. Complaints submitted to Alpi Sport will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Alpi Sport will respond within the period of 30 days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
17.3. The Consumer must give Alpi Sport at least 60 days to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 18. DISPUTES

18.1. Agreements between Alpi Sport and Consumer to which these General Terms and Conditions apply are exclusively governed by Belgian law.
18.2. All disputes that may arise as a result of the Agreement to which these General Terms and Conditions apply will (in the first instance) be settled exclusively by the competent court within the district where Alpi Sport is established, or pursuant to the statutory provisions by the competent subdistrict court, without prejudice to Alpi Sport's right to have any dispute settled by another competent authority.
18.3. If there is any ambiguity regarding the interpretation of one or more provisions of these General Terms and Conditions, the interpretation must be 'in the spirit' of these provisions. Alpi Sport's interpretation is leading in this regard.
18.4. If a situation arises between the parties that is not covered by these General Terms and Conditions, this situation must be assessed in the spirit of these General Terms and Conditions. Alpi Sport's interpretation is leading in this regard.

Article 19. FINAL PROVISIONS

19.1. Alpi Sport has the right to amend and/or supplement these General Terms and Conditions at any time.
19.2. If one or more provisions in these General Terms and Conditions are null and void or are annulled, the other provisions of these General Terms and Conditions will remain fully applicable. Alpi Sport and the Consumer will then consult in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provision will be taken into account if and to the extent possible.
19.3. If Alpi Sport does not always require strict compliance with these conditions, this does not mean that these General Terms and Conditions would no longer apply or that Alpi Sport would lose the right to require strict compliance with these General Terms and Conditions in future cases, whether or not similar.