GENERAL TERMS AND CONDITIONS

1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS. The following terms and conditions (the “Terms and Conditions”) govern the sale of any climbing holds (“Products”) supplied by Climbingholds.shop (“Climbingholds.shop”) to a customer (“Customer”) and the provision by Climbingholds.shop of any related services (such as installation services) to the Customer, as applicable, to the exclusion of any other terms and conditions that the Customer may attempt to impose on Climbingholds.shop under any purchase order or otherwise, unless such other terms and conditions are expressly agreed upon in writing by Climbingholds.shop.
2. PURCHASE ORDERS. The receipt by Climbingholds.shop of a purchase order in any form, title or name, (a “purchase order”) from the Customer shall be deemed to be the Customer’s acknowledgment and acceptance of these Terms and Conditions. Any purchase order submitted through the standard order form on this website constitutes an offer to Climbingholds.shop to buy Products. References to “purchase order” herein shall mean any document other than the Terms and Conditions negotiated or executed by Climbingholds.shop and the Customer for the purchase and sale of Products and/or services.
3. DUTIES AND TAX FOR WORLDWIDE (Except the 27 countries of European Union).
   Unless Climbingholds.shop and the Customer agree otherwise in writing, delivery of all Products shall be EXW trade terms for Climbingholds.shop’s goods.
   You may be charged customs duties and taxes for something purchased online because:

   – Duties and taxes are not included in the price of the goods you purchase online, and might not be included in the overall shipping costs you pay to the online retailer.

   – When purchasing goods online, some or all of these goods may not originate in the country you reside in, therefore are subject to a customs duty, which is a tariff or tax imposed on goods when transported across international borders.– When goods are not shipped domestically (within your country) or within a single customs union, such as the European Union, you are liable to pay any inbound duties and taxes which your local customs authority deems appropriate.

   – Once the duties and taxes are fully paid the goods will be delivered to you

   – What is payable, if anything, depends on where the goods are sent from, the type of goods, their transactional value and the weight of the package

   – In case the customers do not pay the duty and tax requested in their country, no refund from the customer can be requested from climbingholds.shop.

   – Any additional costs applied to climbingholds.shop (Company E-climbing group Sp zoo) caused by a late payment by the customer to the tax office of his country, a refusal to pay the mandatory taxes requested by are country or for any other reason related to the law of the taxes in force in the country of the customers: all these costs will be asked to be refunded by the customers to climbingholds.shop (Company E-climbing group Sp zoo).

4. ACCEPTANCE OF ORDERS. All Customer purchase orders are subject to acceptance by Climbingholds.shop, which acceptance shall be at Climbingholds.shop’s sole discretion. No purchase order shall be binding on Climbingholds.shop unless and until it has been accepted in writing by Climbingholds.shop.
5. PRICES. Depending on the Customer’s location, prices are quoted in either U.S. Dollars or Euro and are subject to change without prior notice. All taxes (including VAT), transportation costs, duties and other charges, if any, are in addition to the quoted price.
6. PAYMENT. Unless Climbingholds.shop and the Customer agree otherwise in writing, payment for all Products and services shall be made through the payment facilities on the website or by bank wire transfer prior to delivery, free of all bank charges. Climbingholds.shop reserves the right to change the payment methods at any time.
7. DELIVERY in EU. Unless Climbingholds.shop and the Customer agree otherwise in writing, delivery of all Products shall be EXW trade terms for Climbingholds.shop’s goods. Times for delivery are estimates Between 1 and 5 weeks in whole Europe. Climbingholds.shop shall not be liable for any damages arising out of any delay in delivery for any reason. Delivery to the Customer’s site constitutes delivery to the Customer, regardless of whether the Customer or his agent is at the site at time of delivery or signs a delivery receipt. Any claims for shortages or improper delivery must be made in writing within five (5) days of delivery, failing which such claims shall be deemed waived by the Customer.
8. WORLDWIDE DELIVERY TERMS. Unless Climbingholds.shop and the Customer agree otherwise in writing, delivery of all Products are EXW trade terms for Climbingholds.shop’s goods. Times for delivery are estimates Between 1 and 12 weeks in WORLDWIDE DELIVERY TERMS. Climbingholds.shop shall not be liable for any damages arising out of any delay in delivery for any reason. Delivery to the Customer’s site constitutes delivery to the Customer, regardless of whether the Customer or his agent is at the site at time of delivery or signs a delivery receipt. Any claims for shortages or improper delivery must be made in writing within five (5) days of delivery, failing which such claims shall be deemed waived by the Customer.
   WORLDWIDE DELIVERY TRADE TERMS include the terms of delivery: The goods are delivered when the goods entrance in the country of the recipient and not when the recipient has paid the tax and duties or delivered to the address of the recipient.
   No delay on the deliveries can be applied to climbingholds.shop due to the Duties and tax of the country, or the delay of payment of those taxes and duties.
9. EXW – Ex Works termsThe seller makes the goods available at their premises. EXW means that a buyer incurs the risks for bringing the goods to their final destination. The buyer arranges the pickup of the freight from the supplier’s designated ship site, owns the in-transit freight, and is responsible for clearing the goods through Customs. The buyer is also responsible for completing all the export documentation, all tax and duties.

   Most jurisdictions require companies to provide proof of export for VAT purposes. In an EXW shipment, the buyer is under no obligation to provide such proof, or indeed to even export the goods.

10. INSTALLATION. Unless Climbingholds.shop and the Customer agree otherwise in writing, Climbingholds.shop shall have no responsibility for the installation of any Products.
11. OWNERSHIP AND RISK OF LOSS. Ownership of the Products shall pass to the Customer when Climbingholds.shop receives full payment of all sums due in respect of the Products, including taxes and delivery charges. The risk shall pass to the Customer upon delivery.
12. WARRANTIES. Climbingholds.shop warrants only its title to the Products. All other warranties are those of the manufacturer. Climbingholds.shop disclaims all expressed and implied warranties of merchantability or fitness for particular purpose. Climbingholds.shop shall assign to the Customer any warranty provided by its supplier and by the manufacturer. The Buyer waives any right to legal action against Climbingholds.shop in respect of damages caused by the Products.
13. RETURN AND REFUND. If your parcel is still not shipped, we will refund you 100% of the purchase, including the shipping cost.

    If your order is already shipped and you are not 100% satisfied with your purchase, simply send it back within 14 days and we’ll refund the full cost of the item minus shipping costs.
    Return shipping cost is 100% on the charge of the buyer.
    Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.
    Any product that will be damaged or not received in the original package, will not be refunded.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, SHALL Climbingholds.shop BE LIABLE FOR INDIRECT, LIQUIDATED, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. Climbingholds.shop’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY Climbingholds.shop.
15. GOVERNING LAW. These Terms and Conditions and any agreement for the sale of Products, or for the provision of related services, shall be construed in accordance with the laws of the Republic of Poland.
16. EXCLUSIVE JURISDICTION. Any and all disputes arising out of or relating to any purchase order shall be resolved exclusively by the Polish courts.
17. COMPANY.
    Climbingholds.shop is a brand and all their copyright belongs to:
    E-climbing Group Sp zoo
    Gajowa 20
    62-800 Kalisz
    Poland
    VAT: PL6182165045
18. FAST DELIVERY AND COVID19 – MARCH/MAY 2020
    Normally the production time of climbing holds is about 20 – 30 days, but with our Super Express production, we can ship with a preparation time 5 – 10 working days + shipping time delivery, this will give about 10-14 days before receiving your order in the whole Europe (except if the governments decide to suspend the goods’ transport) and about 15 – 20 days for Worldwide delivery.