Terms and Conditions for the Website
for the online shop at the URL
operated by
Mountain Squad GmbH
Amtsfeldstrasse 7
38855 Wernigerode
Email: info@mountainsquad.com
- referred to as: Provider -
1. Scope
These Terms and Conditions (T&Cs) apply, upon their inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as “goods”) in the online shop under the above-mentioned URL in their version valid at the time of conclusion of the contract. These T&Cs apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of the Contract
2.1 The offers in the online shop are a non-binding invitation from the provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods is made via the provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer’s offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g., by email) and this confirmation is received by the customer, or when the ordered goods are delivered and received by the customer, or when the provider requests payment (e.g., invoice or credit card payment during the ordering process) and the payment request is received by the customer; the decisive time for the conclusion of the contract is when one of the aforementioned alternatives first occurs.
2.3 Before submitting a binding order via the provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual input functions.
2.4 The provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g., by email). The provider does not make the contract text available beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details are provided in the withdrawal policy, which is made available to every consumer no later than immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory VAT and any shipping costs listed. The customer is informed about the available payment options in the provider’s online shop.
4.2 If payment by credit or debit card is agreed, the purchase price is due immediately upon conclusion of the contract.
4.3 If payment via “PayPal” is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.4 If "Sofortüberweisung" is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.5 If Giropay is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out via paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the provider until full payment of the purchase price.
6. Delivery and Self-Supply Reservation
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times are listed in the online shop.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the provider cannot deliver the ordered goods because they were not supplied to them without fault despite a timely congruent covering transaction with a reliable supplier, the provider is released from their obligation to perform and may withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The provisions of statutory defect liability apply.
8. Liability
8.1 The provider is fully liable:
- for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages based on an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- due to a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g., under the Product Liability Act)
8.2 If the provider negligently violates an essential contractual obligation, their liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations imposed on the provider by the contract according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.
8.3 Otherwise, the provider’s liability as well as the liability of their vicarious agents and legal representatives is excluded.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the provider’s privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer with their habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s registered office is responsible, provided no exclusive jurisdiction exists for the dispute. This also applies if the customer does not have a residence within the European Union. The location of our company is indicated in the header of these T&Cs.
10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the header of these T&Cs.
Terms and Conditions App
Terms and Conditions of Mountain Squad GmBH, Amtsfeldstrasse 7 38855 Wernigerode (hereinafter referred to as “Provider”), E-Mail: info@mountainsquad.com
1. General Provisions
1.1 The Provider offers its customers an app subject to these terms and conditions.
1.2 Any terms and conditions deviating from these, used by the customer, will not be recognized by the Provider unless expressly agreed otherwise.
1.3 Insofar as the app is distributed via an app store, the terms and conditions of the respective app store also apply to the purchase of the app.
2. Subject of the Contract
2.1 The Provider offers an app that allows customers to access guided mountain bike routes (so-called tour packages). The digital route guidance includes a stamp system and GPS-supported display of position and route, including informational presentations. The actual navigation takes place outside the app. In future versions, a shop will be integrated to purchase merchandise items.
2.2 The Provider performs its services in accordance with the state of the art. It continuously develops the app and improves it through ongoing updates and upgrades. The availability of the app is 98.5% annually, including maintenance, but availability may not be impaired or interrupted for more than two consecutive calendar days. Excluded are necessary regular maintenance and periods where availability is limited due to events outside the Provider's control (e.g., force majeure, actions of third parties, technical issues, or changes in the legal situation).
3. Customer Obligations
3.1 The customer must keep their registration data up-to-date and refrain from violating these terms or applicable law. The customer must ensure that their account is used only by themselves and that their login credentials and data remain confidential. If the customer breaches this obligation, they are responsible for any resulting damages.
3.2 The app must only be used for its intended purpose. Any use beyond the intended purpose is prohibited. The customer is particularly not authorized to partially or entirely transfer the app or the provided storage space to third parties for use, whether for a fee or free of charge.
3.3 The use of the app is at the customer's own risk, particularly regarding the decision to undertake offered tours under difficult weather conditions. The customer must adhere to any safety instructions provided by the Provider.
3.4 In team challenges, serious or repeated violations of the Provider’s rules, especially those increasing the risk for other participants, may result in the customer’s exclusion after an unsuccessful warning.
4. Data Processing Agreement
If the Provider processes personal data of message recipients, it acts as the customer’s processor within the meaning of Art. 28 GDPR. The data processing agreement is governed by the following sections.
5. Support
Application or software issues are handled by the Provider's support. Support requests should be submitted via designated communication channels or the available ticket system. Support inquiries are generally processed in chronological order during regular business hours.
6. Blocking and Restriction of Content
6.1 The app must not store content that is offensive, extremist, glorifies or trivializes violence, incites hatred, is right-wing extremist, discriminatory, unconstitutional, harmful to minors, or pornographic; infringes third-party rights (e.g., trademark and copyright); or contains malicious code. If the Provider becomes aware of prohibited content, the following measures will apply:
- The Provider will promptly review the content and, if necessary, block or take appropriate actions up to deletion.
- The customer will be notified and given an opportunity to respond within a reasonable timeframe.
- The Provider will inform the customer about the assessment and measures unless legal reasons prevent this.
7. Warranty
The Provider guarantees the functionality and operability of the app according to the terms of this agreement and statutory warranty provisions.
8. Liability and Indemnification
8.1 If the app is offered free of charge, the Provider is only liable for intent and gross negligence (§ 521 BGB).
8.2 The app's use, particularly regarding decisions to undertake tours under difficult weather conditions, is at the customer’s own risk. Customers must follow any safety instructions provided by the Provider.
9. Confidentiality and Data Protection
The Provider is obligated to handle all personal data processed via the app confidentially and in compliance with data protection regulations. Details are outlined in the privacy policy.
10. Final Provisions
10.1 Contracts between the Provider and customers are subject to the material law of the Federal Republic of Germany, excluding the UN Sales Convention.
10.2 If the customer is a merchant or has no general place of jurisdiction in Germany, the Provider’s place of business shall be the venue for all disputes.
10.3 The Provider may amend these terms and conditions for objectively justified reasons.
11. Online Dispute Resolution / Consumer Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
11.2 The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.3 The Provider’s email address can be found in the header of these terms and conditions.
Version: December 2024
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