March 2023
1. Purpose
These general rental conditions apply without restriction or reservation to all online rentals proposed by the company Oberalp S.p.A. (hereafter referred to as: “Oberalp” or the “Company”) via the website https://rent.mountainshop.com (hereafter referred to as: the “Website”).
The Website is an e-commerce platform through which private clients (hereafter referred to as the “Users”) can rent durable consumer goods (hereafter referred to as: the “Products”) (hereafter referred to as the “Services”).
The intention is to offer the Users a new consumption model for the Products, with emphasis on renting them rather than buying them outright.
The purpose of these general terms and conditions is to define the terms and conditions for the online rental of the Products in addition to the parties’ related rights and obligations. The Services are available in Italy and Austria.
These general terms and conditions are accessible via a direct link at the bottom of the Website page and may be printed at any time.
These general terms and conditions take precedence over all other general or special conditions not expressly approved by the Company.
Where applicable, the general terms and conditions may be accompanied by special terms of use for certain services proposed on the Website or on site at the pick-up of the Products, which are considered additional to these general terms and conditions and, in the event of any contradictions, will take precedence over the latter. The signature proceeding shall be the same.
2. The Company’s identification and contact information
Oberalp is the operator of the Website, registered in the Bolzano Company Register under the number BZ-71005 having its registered office at Via Waltraud-Gebert-Deeg, 4, 39100 Bolzano (BZ).
Oberalp can be reached at rent@mountain-shop.com
3. Legal capacity and acceptance of the general conditions
3.1 Legal capacity
The Website is accessible by:
- any natural person possessing the full legal capacity to enter into a commitment under the terms of these general conditions. A natural person not possessing the appropriate full legal capacity may only access the Website subject to the consent of his/her legal representative.
- any artificial person acting via a natural person possessing the legal capacity to enter into a contractual relationship in the name of and on behalf of the artificial person.
3.2 Acceptance of the general terms and conditions
The acceptance of these general terms and conditions by the User is formally confirmed by means of a tick box in the order form. This acceptance can only be full and complete. Any conditional acceptance will be considered null and void. Any User who does not agree to be bound by these general terms and conditions will not be able place an order on the Website.
At pick-up of the Products the User shall manually sign this terms and conditions on the (electronic) form provided.
4. Product characteristics
Before placing an order online, the User must familiarize himself on the Website with the characteristics of each Product he wishes to order. The information will be provided according to the relevant provisions on consumer protection. At pick-up, the User will sign a declaration form stating he/she received and understood those information.
The Products are proposed for rental subject to available stock or subject to the possibility of ordering them, where applicable.
The User is informed and agrees that the ordered Product is rented ‘as is’, and that it may have already been rented out previously before being reconditioned by Oberalp (or by any third party designated by the Company).
The photographs and descriptions of the Products proposed for rental online are as accurate as possible. They are only binding on Oberalp for those aspects specifically stated.
The User is however informed and agrees that the Product rented and delivered to the User does not correspond to the exact Product model photographed and featured on the Website at the time the order is placed.
5. Orders
5.1 Placing orders online
Any User can place an order for one or several Products without registering on the Website beforehand.
To place an order, the User must select the chosen rental period, then select the Product of his/her/their choice and place it in his shopping cart.
He/she/they may view a summary of the shopping cart at any time until the order has been confirmed and may rectify any possible errors in the entered information.
At confirmation of the order, credit card information will be collected.
The order is considered as being received by Oberalp when the latter can access it.
When placing the order, the User is invited to supply his/her/their contact details for invoicing purposes. He must complete all fields shown as mandatory in the form provided for this purpose. Orders which do not contain all of the required information cannot be confirmed.
The User guarantees that the information he provides in the order form is accurate, up-to-date, truthful and in no way misleading.
The User is informed and accepts that this information constitutes proof of his/her/their identity and is binding upon him once confirmed.
5.2 Order confirmations online
After completing the online order, the User receives an order confirmation e-mail which:
(i) lists the items of the order,
(ii) includes the general conditions applicable on the order date,
(iii) includes the invoice for the order.
The User must ensure that the contact details supplied when placing the order are correct and that these are sufficient for the customer to receive the order confirmation e-mail. Should he not receive it, the User must contact Oberalp using the contact details mentioned in article 2.
Oberalp recommends that the User carefully stores the information contained in the order confirmation.
The order confirmation is considered as being received by the User when the latter is able to access it.
5.3. Placing orders on-site
Any User can place an order for one or several Products at the locations to be found on the Website (https://rent.mountainshop.com). In this case, a tablet will be provided to the User in order to complete the online rental procedure via the Website.
6. Prices and payment terms
6.1 Prices
The rental prices for the Products are displayed on the Website.
These are displayed in euros, inclusive of tax (VAT and other applicable taxes).
Oberalp reserves the right to present promotional offers or price reductions, at its sole discretion and subject to conditions unilaterally prepared and approved by Oberalp.
The applicable price is the one displayed on the Website at the time the User’s order is booked.
6.2 Payment terms
The total rental price for the Product selected by the User is payable at the time the order is placed, for any one-off rental.
Payment for on-line rental can be made online:
- by bank card, using the secure online payment service indicated on the Website,
- PayPal,
- or by any other means of payment indicated on the Website at the time the order is placed.
Payment can also be made in store at pick-up of the rented Products.
The User warrants to Oberalp that he possesses the necessary authorizations to use the chosen means of payment.
Oberalp reserves the right to suspend or cancel any order in the event of the non-payment of any sum payable by the User, in case of payment-related incidents or in case of fraud or attempted fraud concerning the use of the Website.
Penalties equivalent to 1.5 times (one and a half times) the official interest rate in the relevant country will automatically be applied to any sums remaining unpaid following the initial presentation of formal notice to comply by registered letter with proof of receipt.
6.3 Invoicing
The purchase invoices are sent to the User by e-mail, with a link enabling him to view these general terms and conditions at any time.
7. Pick-up of online rental orders
7.1 Pick-up
Products ordered on the Website will be available for pick-up at the location chosen on the Website.
7.2 Availability
For each Product proposed for rental, the Website mentions the earliest availability time of the Product.
If the contract is cancelled by Oberalp the User will receive a refund for all sums he has paid at the latest within the 14 (fourteen) days following the date on which the contract was cancelled at the conditions stated in article 8.
Oberalp reserves the possibility in all circumstances to contact the User to propose alternative solutions to the reimbursement of the rental price of the Products. The User must clearly express his/her/their acceptance of the choice of an alternative reimbursement method on a durable medium.
7.3 Conditions for returning Products
The User must return the rented Product to the Company in accordance with the conditions stated on the Website at the time the order was placed.
If the Product is returned late, the User must pay the Company the rental price for the whole time he/she/they had the Products in his/her/their possession up to the day of return.
If the Product is not returned or is returned damaged beyond repair, the User will be charged for the sales price of the rented Product less the amount already paid for the rental. If the product is returned damaged, Ober Alp reserves the right to charge for any costs incurred for reparation.
8. Right of withdrawal (cooling-off period)
The User may cancel the order up to 24 (twenty four) hours before the he/she/they may exercise this right by contacting the Company’s customer service team through the contact form of the website, duly completed, or stating any other unambiguous declaration expressing their wish to withdraw, to the contact details mentioned in article 2 before the expiry of the above-mentioned.
The User will be reimbursed as soon as possible, and at the latest within the 14 (fourteen) days from the date on which Ober Alp actually receives the withdrawal request. The refund will be for the full sum the User paid for his/her/their order, following the deduction, where applicable, if the withdrawal occurred later than 24 (twenty four) before the start of the rental period
9. Statutory guarantees
The User benefits from the statutory guarantees against non-compliance and latent defects concerning the rented Products.
If the User finds that the Product rented to him suffers from a defect or a conformity issue he must inform the Company at the pick-up of the Product, stating the nature of the defect or the nonconformity noted. In case of hidden defects or conformity issues that arose after the start of the rental period and during the use of the Product, the User must inform Oberalp at the earliest convenience after discovering such defect or conformity issue using the contact details mentioned in article 2 above. In this case, the communication shall be accompanied, if possible, by items of proof in the form of photographs.
10. Users’ obligations
Users bear sole liability for their use of the Products. It is their responsibility to verify the suitability of the Products for their specific requirements before renting the said Products. When confirming the order User declares (tick box) to have read the instruction manual and declares to possess the necessary skills to use the rented Product.
They are also informed and accept that the rented Product is not in an ‘as-new’ condition and that it has been reconditioned prior to being rented.
Users also agree:
- to provide Oberalp with valid information concerning their last name, first name and e-mail address;
- that they will not seek to obtain any rights of ownership concerning the Product;
- not to sub-rent the Product or transfer their rights and obligations under these general terms and conditions to a third party;
- to use the Product responsibly and for its intended purpose;
- to return the product within the period mentioned on the Website at the time the order is placed, failing which the late compliance penalties mentioned in article 7.3 will apply;
- to keep the Product in in the condition in which it was issued to them;
- to only use the Product on a personal basis, except the User signs the provided form for rental on behalf of others. In this case, the User will be held responsible for the use by others.
Under no circumstance will the Company be held liable for any damage occurred to the User in case of violation of the Users’ obligations.
11. Company’s liability
11.1 Oberalp agrees to regularly perform checks to verify the operation of and access to the Website. For this purpose, Oberalp reserves the right to temporarily interrupt access to the Website for maintenance reasons. Similarly, Oberalp may not be considered liable for any difficulties in accessing or inability to access the Website due to circumstances outside its control, to force majeure events, or due to problems with telecommunications networks.
11.2 Oberalp provides the User with no guarantee concerning the Products’ suitability for his/her/their requirements, expectations and constraints.
11.3 Oberalp may not be considered liable for any non-performance or late performance of the rental contracts due to circumstances outside its control or to cases of force majeure, it being expressly stated that in addition to those usually accepted by the case law of the courts in the relevant country, the following circumstances will be considered as cases of force majeure: exceptionally bad weather, natural disasters, fires and floods, lightning, terrorist attacks, outages or blockages concerning telecommunications networks, means of transport or postal services, including due to strikes, loss or damage caused by viruses which the security measures existing in the marketplace were unable to eradicate, in addition to any public-order or legal or statutory requirements imposed by the relevant authorities and having the effect of substantially modifying these general conditions.
11.4 In all circumstances, the liability that may be incurred by Oberalp under the terms of this agreement is expressly limited only to the direct losses suffered by the Users
12. Intellectual property rights
The systems, software, structures, infrastructure, databases and content of all forms (text, images, graphics, music, logos, brands and trademarks, databases, etc.) used by Oberalp on the Website are protected by all applicable intellectual property rights or database producers’ rights. Any disassembly, decompilation, decryption, extraction, reuse, copying or more generally any act of reproduction, representation, circulation and use of any of these factors, whether wholly or partially, without Oberalp’s consent are strictly prohibited and may result in legal action.
13. Personal data
Oberalp implements a personal data protection policy, the details of which are explained in the document entitled “Charter for the protection of personal data”, which the User is expressly invited to familiarize himself with.
14. Prohibited behavior
14.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or impede the satisfactory operation of the Website, (ii) any intrusions or attempted intrusions in Oberalp’s systems, (iii) any misuse or misappropriation of the Website’s resources, (iv) any actions likely to disproportionately overload the latter’s infrastructure, (v) any attempt to circumvent security or authentication measures, (vi) any acts likely to adversely affect the rights and the financial, business or moral interests of Oberalp or of the Website’s users, (vii) any practices involving the use of Website for any purposes other than those for which it was designed, and finally, more generally (viii) any failure to comply with these general conditions or the applicable laws and regulations.
14.2 Similarly, it is strictly prohibited to trade, rent, sell or assign all or part of the access to the Website and the information it contains.
14.3 In the event of infringement of any of the provisions of this article or more generally any infringements of laws and regulations, the Company reserves the right to take all appropriate measures and to take legal action.
15. Modifications
Oberalp reserves the right to modify these general terms and conditions at any time. In this case, the applicable conditions will be those in force on the date the User places the order.
16. Language
If these general terms and conditions are translated into one or several languages, the language for the interpretation of the conditions will be the English language in the event of any contradiction or disputes concerning the meaning of any term or provision.
17. Mediation
The User has the right to have recourse, free of charge, to the platform of the European Commission for Online Dispute Resolution: http://ec.europa.eu/consumers/odr/ for the amicable resolution of any dispute with Oberalp arising out of this agreement
18. Applicable law and jurisdiction
These general conditions are governed by the law of the respective country of rental.
In the event of any dispute concerning the validity, interpretation and/or performance of these general conditions, the parties agree that the courts of the seat of the Company will have exclusive jurisdiction to hear the case, unless mandatory procedural rules to the contrary apply.