Terms of service
This English version is provided for convenience only. The German version is legally binding.
General Terms and Conditions – Website
for the online shop at the URL
operated by
Mountain Squad GmbH
Amtsfeldstrasse 7
38855 Wernigerode
E-mail: info@mountainsquad.com
– hereinafter: provider –
1. Scope
These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter ‘goods’) in the online shop at the above URL, in the version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating general terms and conditions of the customer shall 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 constitute a non-binding invitation by the provider to visitors to the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The goods are ordered via the provider’s online order form. After selecting the desired goods, entering all mandatory information requested 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 takes place by the provider confirming the conclusion of the contract in written form or text form (e.g. by e-mail) (order confirmation) and this order confirmation being received by the customer, or by the provider delivering the ordered goods and these goods being received by the customer, or by the provider requesting payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request being received by the customer; the decisive time for the conclusion of the contract is the time at which one of the alternatives mentioned in the first part of this sentence first occurs.
2.3 Before bindingly submitting the 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. In addition, all entries are displayed once again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will store the text of the contract after the conclusion of the contract and send it to the customer in text form (e.g. by e-mail). The provider does not make the text of the contract accessible 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 are, in principle, entitled to a right of withdrawal in the case of off-premises contracts and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Details can be found in the Information on the right of withdrawal, 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 statutory value added tax (VAT) and are subject to any shipping costs indicated. The customer is informed of the available payment methods in the provider’s online shop.
4.2 If payment by credit or debit card has been agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If payment via ‘PayPal’ has been agreed, the purchase price is due immediately after the conclusion of the contract. Payment is processed by 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’ has been agreed, the purchase price is due immediately after the conclusion of the contract. Payment is processed by Sofort GmbH, Theresienhöhe 12, 80339 München.
4.5 If Giropay has been agreed, the purchase price is due immediately after the conclusion of the contract. Payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of title
The goods purchased remain the property of the provider until the purchase price has been paid in full.
6. Delivery and reservation of self-delivery
6.1 Unless otherwise agreed, delivery is made to the delivery address specified by the customer within the delivery time stated in the online shop. The applicable delivery times can be found in the online shop.
6.2 Collection of the purchased goods by the customer is excluded.
6.3 If the provider is unable to deliver the ordered goods because the provider itself has not been supplied through no fault of its own, despite having concluded a congruent covering transaction (kongruentes Deckungsgeschäft) with a reliable supplier in good time, the provider shall be released from its obligation to perform and may rescind the contract. The provider is obliged to inform the customer without undue delay that performance is impossible. Any consideration already provided by the other contracting party shall be refunded to them without undue delay. Mandatory consumer law remains unaffected by this paragraph.
7. Statutory warranty
The statutory provisions on liability for defects apply.
8. Liability
8.1 The provider shall be liable without limitation:
- for damage resulting from injury to life, body or health which is based on an intentional or negligent breach of duty by the provider or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damage which is based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- on the basis of a promise of guarantee, unless otherwise provided in this respect;
- on the basis of mandatory liability (e.g. under the Product Liability Act (Produkthaftungsgesetz))
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract, by its content, imposes on the provider in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 In all other respects, the liability of the provider as well as the liability of its 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 provisions. Further details can be found in the provider’s privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of the protection of mandatory statutory provisions of the law of the state of their habitual 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 shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found in the heading of these GTC.
General Terms and Conditions – App
General Terms and Conditions of Mountain Squad GmbH, Amtsfeldstrasse 7 38855 Wernigerode (hereinafter ‘provider’), e-mail: info@mountainsquad.com
1. General provisions
1.1 The provider makes an app available to its customers in accordance with these GTC.
1.2 The provider does not recognise general terms and conditions used by the customer that deviate from these terms and conditions, unless it has expressly consented to them.
1.3 Insofar as the app is distributed via an app store, the general terms and conditions of the respective app store additionally apply to the acquisition of the app.
2. Subject matter of the contract
2.1 The provider makes available to the customer an app with which customers can access guided mountain bike routes (so-called tour packages). The digital route guidance comprises a stamp system and the GPS-based display of the position and route, including informative presentations. The actual navigation takes place outside the app. The integration of a shop in which merchandise items can be purchased is planned for future versions.
2.2 The provider performs the services in accordance with the respective state of the art. It continuously develops the app further and will improve it through ongoing updates and upgrades. The availability of the app is 98.5% on an annual average, including maintenance work; however, availability may not be impaired or interrupted for more than two consecutive calendar days. This does not apply to necessary regular maintenance work or to periods in which availability is restricted due to events for which the provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).
3. Obligations of the customer
3.1 The customer is obliged to keep the data provided on registration up to date at all times and to refrain from breaches of these GTC and of applicable law. The customer must ensure that their account is used only by themselves. They must treat their access data and the data they have stored confidentially and ensure that third parties have no access to their data. If the customer culpably breaches this obligation, they shall be responsible for any damage resulting therefrom.
3.2 The customer is obliged to use the app only for its intended purpose and to comply with all contractual and statutory provisions when using the app. Any use beyond the purpose of the user relationship is prohibited. In particular, the customer is not entitled to permit a third party to use the app or the storage space provided, in whole or in part, whether against payment or free of charge.
3.3 The app is used – subject to the provisions on ‘Liability and indemnification’ below – at the user’s own risk. This applies in particular to the decision to undertake the tours offered in difficult weather conditions. Insofar as the provider issues corresponding safety instructions, the user must comply with them.
3.4 In the case of team challenges, serious breaches of the provider’s requirements, in particular severe or repeated breaches that lead to an increased risk for the other participants, may result in the exclusion of the user. As a rule, an exclusion must be preceded by a warning that has gone unheeded.
4. Processing on behalf of the customer
Insofar as the provider processes personal data of message recipients, it acts as the customer’s processor within the meaning of Art. 28 GDPR (General Data Protection Regulation). The processing relationship is governed by the following paragraphs.
5. Support
Application or software problems are dealt with by the provider as part of its support. In order to ensure the fastest possible processing, support services must be requested via the communication channels provided for this purpose or via the ticket system, where available. Support requests are, as a rule, processed during regular business hours in chronological order, according to the order in which they are received by the provider.
6. Suspension and blocking of content
6.1 No content may be stored in the app that is insulting, extremist, glorifies or trivialises violence, constitutes incitement to hatred (volksverhetzend), is right-wing extremist, discriminatory, anti-constitutional, harmful to minors or pornographic, that infringes the rights of third parties (e.g. trade mark law and copyright) or other applicable law or accepted principles of morality (in particular criminal law and the law on administrative offences), or that contains malicious code or malware. If the provider becomes aware that inadmissible content within the meaning of this paragraph may have been stored on the storage space provided within the app, it will proceed as follows:
- The provider will carry out a summary review of the content concerned without undue delay. Should the summary review show that inadmissible content cannot be ruled out, the provider may, at its own discretion, provisionally block that content or take other measures appropriate to the level of risk, up to and including deletion of the content. The provider will invite the customer to comment and will grant them a reasonable period of time to do so.
- As soon as the customer’s statement has been received, or if the customer has not submitted a statement within the period granted, the provider will make a final decision on how the content concerned is to be dealt with.
- The provider will inform the customer of the assessment, its outcome and the measures decided upon, insofar as there are no legal reasons to the contrary.
7. Liability for defects
The provider guarantees the functionality and operational readiness of the app in accordance with the provisions of this contract and otherwise in accordance with the statutory provisions on liability for defects.
8. Liability and indemnification
8.1 Where the app is offered to the customer free of charge, the provider shall only be liable for intent and gross negligence (§ 521 BGB (German Civil Code)).
8.2 The app is used – subject to the following provisions – at the user’s own risk. This applies in particular to the decision to undertake the tours offered in difficult weather conditions. Insofar as the provider issues corresponding safety instructions, the user must comply with them.
9. Confidentiality, secrecy and data protection
The provider is obliged to treat all personal data that it processes within the app confidentially and in accordance with the provisions of data protection law. Details can be found in the privacy policy.
10. Final provisions
10.1 The contracts concluded between the provider and the customers are governed by the substantive law of the Federal Republic of Germany, to the exclusion of the CISG.
10.2 If the customer is a merchant or has no general place of jurisdiction in Germany, the parties agree that the provider’s registered office shall be the place of jurisdiction for all disputes.
10.3 The provider is entitled to amend these GTC for objectively justified reasons.
11. Information on online dispute resolution / consumer arbitration
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 consumer dispute resolution proceedings.
11.3 The provider’s e-mail address can be found in the heading of these GTC.
As of: December 2024