General Terms and Conditions for Entrepreneurs for the online store https://www.directalpine.com (hereinafter "GTC") of DIRECT ALPINE s.r.o.
1. Basic Provisions
These GTC govern the relationship between the contracting parties of the purchase contract, with DIRECT ALPINE s.r.o., IČ 27277364, DIČ CZ27277364, located at Kateřinská 138, 460 14 Liberec, tel: 482 751 885, email: office@directalpine.com as the seller (hereinafter "Direct Alpine") on one side, and the entrepreneur as the buyer (hereinafter "Buyer") on the other side. These GTC in effect at the time of the conclusion of the purchase contract are part of the contract. The current GTC are available, among other places, on https://www.directalpine.com. Deviations from these GTC, including the buyer's general terms and conditions, are valid only if explicitly confirmed in writing by Direct Alpine. Oral agreements do not exist.
2. Conclusion of the Purchase Contract
Under the purchase contract, Direct Alpine undertakes to deliver the goods that are the subject of the purchase to the Buyer and to transfer ownership of the goods to the Buyer, while the Buyer undertakes to accept the goods and pay the purchase price to Direct Alpine. Typically, the Buyer fills out a registration form for new customers before concluding the first purchase contract. If the provided details change (e.g., contact information), the Buyer is obliged to inform Direct Alpine of the change without delay.
The presentation of products on the website does not constitute a legally binding offer, but only an invitation to place an order. The purchase contract is concluded upon acceptance of the order by Direct Alpine.
Orders can be placed in the following ways:
a) By completing and submitting the order form (hereinafter "Ordersheet"). The Ordersheet generally contains specific conditions for the current season, particularly deadlines for ordering, delivery, and payment terms.
b) By email without using the order form.
c) By ordering through the Direct Alpine B2B portal. The creation of a customer profile and its subsequent approval by Direct Alpine is required. Direct Alpine reserves the right not to approve, deactivate, or delete the customer profile, particularly if it has been inactive for more than twelve months, contains incorrect or outdated information, or if the Buyer breaches their obligations under the purchase contract concluded with Direct Alpine. If the Buyer wishes to change the delivery address, they must request the change via email to office@directalpine.com.
If the ordered goods cannot be delivered, for example, because they are out of stock, Direct Alpine will not send an acceptance statement. In this case, the contract will not be concluded. Direct Alpine may also withdraw from the contract without compensation if the supplier fails to deliver the goods. The Buyer will be informed immediately and any payments already made will be refunded if necessary.
3. Retention of Title
Until the full payment is made, the delivered goods remain the property of Direct Alpine.
4. Rights Regarding Defective Performance and Warranties
Your rights in case of defects and warranties are governed by the relevant provisions of Czech law, unless otherwise agreed.
In case of defects or inquiries, the Buyer should contact:
By mail: DIRECT ALPINE s.r.o., Customer Service, Kateřinská 138, Liberec XVII-Kateřinky, 460 14 Liberec
By email: office@directalpine.com
5. Payment Terms
Direct Alpine accepts the following payment terms:
a) Prepayment by bank transfer,
b) Cash on delivery when the goods are delivered (the carrier collects the payment from the Buyer; the Buyer additionally pays the so-called COD fee – see information on the "Shipping Methods" page).
Ordersheets may contain specific payment terms.
6. Delivery Terms
Delivery is either to the chosen delivery address or through personal pickup. The Buyer pays the shipping costs according to the price list published on the "Shipping Methods" page, unless otherwise agreed. When ordering through the Direct Alpine B2B portal, the specific shipping price will be displayed at the latest during the ordering process before submitting the order. The risk of damage passes to the Buyer at the moment the goods are handed over to the carrier.
Delivery to the delivery address:
In the case of delivery to the chosen delivery address, Direct Alpine will choose the carrier at its discretion.
Personal Pickup:
The goods can only be picked up by the Buyer. This person must identify themselves and provide a valid ID card or passport. Personal pickup is only possible at Kateřinská 138, Liberec XVII-Kateřinky, 460 14 Liberec, and only after prior arrangement by phone at 482 751 885. Personal pickup is free of charge.
Buyer's rights and obligations regarding transport
The Buyer is obliged to immediately check with the carrier the condition of the shipment (number of packages, integrity of the company seal, damage to the box) according to the attached delivery note or received invoice. The Buyer is entitled to refuse to accept the shipment if it does not match the purchase agreement, for example, if the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier or the employee of the pickup point, the damage must be described in the delivery protocol of the carrier/pickup point. Any incomplete or damaged shipment must be immediately reported by email to DA_service@directalpine.com, and a damage protocol should be drawn up with the carrier/employee of the pickup point and sent to Direct Alpine without undue delay by email or mail. In the case of a pickup box, the conditions and instructions of the pickup box must befollowed, and everything must be reported immediately via email to DA_service@directalpine.com.
7. Applicable Law / Jurisdiction
The law of the Czech Republic applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any continuing dispute arising between the contracting parties in connection with this contract, including disputes about its conclusion, termination, or validity, will be definitively resolved in regular court proceedings. The contracting parties agree, in accordance with § 89a of Act No. 99/1963 Coll., Civil Procedure Code, that the court with local jurisdiction for all court proceedings initiated in connection with this contract, including disputes about its validity, is the court with jurisdiction based on the seat of Direct Alpine, with the subject matter jurisdiction of the court determined by applicable legal provisions.
8. Severability Clause
If any individual provisions of this contract become ineffective, invalid, or unenforceable, or if this contract contains gaps, the effectiveness, validity, or enforceability of the other provisions will not be affected. Any ineffective, invalid, or unenforceable provision will be replaced with a modification that corresponds to the economic purpose of this contract. The same applies to any gaps in this contract.
These GTC are valid and effective as of September 27, 2024.