General terms and conditions
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTNER, FORMATION OF CONTRACT, CORRECTION FACILITIES
The contract is concluded with Alfa GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. CONTRACT LANGUAGE, SAVING OF THE CONTRACT TEXT
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our General Terms to you by e-mail. You may also view the text of the contract in our customer login area.
4. DELIVERY CONDITIONS
All prices include VAT. Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
You are entitled to collect your order from Alfa GmbH, Weisweilerstr. 20-22, 52379 Langerwehe-Heistern, Deutschland during the following hours of business: 7.00-15.00 Uhr
The following payment methods are basically available in our online shop:
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have selected the PayPal payment type, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions. You will receive additional information during the ordering process.
Credit card via PayPal
If you have selected the credit card payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
Direct debit via PayPal
If you have selected the direct debit payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. You will receive additional information during the ordering process.
Invoice via PayPal
If you have selected the invoice payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. After a successful address and creditworthiness check and placement of your order, we will assign our claim to PayPal. In this case, you may only pay to PayPal with a debt-discharging effect. For payment processing via PayPal – in addition to our Terms– the GTC and data protection policy of PayPal shall apply. Additional information and the complete GTC of PayPal for invoice purchase can be found here: https://www.paypal.com.
6. RIGHT TO CANCEL
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Traders are not granted any voluntary right to cancel.
7. RETENTION OF TITLE
The goods shall remain our property until full payment is made.
For traders, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. DAMAGE DURING DELIVERY
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. WARRANTY AND GUARANTEES
We are under a legal duty to supply products that are in conformity with this contract.
Statutory rights shall apply with respect to liability for defects.
For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to traders, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we may initially choose, with respect to businesses, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty, as well as fraud
• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
• within the context of a guarantee commitment, where agreed.
Information about additionally applicable guarantees and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
Customer service: Du erreichst uns unter email@example.com oder unter 02423/9045670
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
11. ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolutios (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/ [https://ec.europa.eu/consumers/odr/]. Consumers have the possibility to use this platform for resolving their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.universalschlichtungsstelle.de. We will participate in a dispute settlement procedure before this authority.
12. FINAL PROVISIONS
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.