Terms of Service
I INFORMATION ON DISTANCE SALES AND CONCLUSION OF CONTRACTS IN ELECTRONIC COMMERCE
- 1 CONTRACT PARTNER
The following terms and conditions apply to all contracts between, via the online shop at the URL https://www.alphacustoms.de/shop/
Luis Alexander Schaller
89584 Ehingen, Germany
Fax +49 (0) 7391 7639267
and the customer.
Customers within the meaning of these terms and conditions are exclusively consumers. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- 2 FORMATION OF THE CONTRACT IN ELECTRONIC COMMERCE
The products and services listed in the online shop do not constitute binding offers. Rather, it is a request to the customer to submit a binding offer by placing an order.
As soon as we have received your order, you will receive an automatically generated e-mail that confirms that we have received your order and contains its details. We will then check the availability of the items you have ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by email. The contract with the customer is only concluded with the express acceptance of the order by us. We do not assume any procurement risk and reserve the right to release ourselves from the obligation to fulfill the contract in the event of incorrect or improper self-delivery by suppliers. Alpha Customs' responsibility for intent or negligence in accordance with the liability regulations in accordance with Section II 9 of these General Terms and Conditions remains unaffected. In the event of unavailability or only partial availability of the service, Alpha Customs will inform the customer immediately; in the event of withdrawal, the consideration will be immediately reimbursed to the customer.
For technical reasons it is unfortunately not possible for us to accept orders by phone, fax, letter or email. We only accept orders that are placed in our online shop.
- 3 INFORMATION ABOUT YOUR RIGHT OF WITHDRAWAL
Consumers have a right of withdrawal for distance sales contracts in accordance with Section 355 of the German Civil Code. As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following cancellation policy:
RIGHT OF CANCELLATION
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (Alpha Customs, Luis Alexander Schaller, Rosenstrasse 2, 89584 Ehingen, Fax: +49 7391-7639267, Email: email@example.com) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
FAILED OR EARLY EXPIRATION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
APPENDIX: SAMPLE FOR THE REVOCATION FORM
according to Annex 2 to Art. 246a § 1 Paragraph 2 Sentence 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB
(If you want to cancel the contract, please fill out this form and send it back.)
Luis Alexander Schaller
89584 Ehingen, Germany
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*):
- Name of the consumer (s):
- Address of the consumer (s):
- Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable
For a simple processing of the revocation, you are welcome to contact our support team:
A prior agreement on the return via the email address given in the cancellation policy makes it easier for us to assign the shipment. Alpha Customs also points out that prior coordination is not a prerequisite for the exercise of the right of withdrawal.
- 4 VOLUNTARY RIGHT OF RETURN
We do not offer an extended voluntary right of return beyond the 14-day statutory right of withdrawal.
II GENERAL TERMS AND CONDITIONS (GTC) (STATUS: May 2019)
The following conditions apply to all orders via the website https://www.alphacustoms.de/shop. The terms and conditions valid at the time of the order apply.
- 1 PRICES; SHIPPING AND HANDLING COSTS
All prices include the currently applicable VAT. In the case of cross-border deliveries, additional taxes (e.g. in the case of an intra-Community acquisition) and / or duties (e.g. customs duties) may have to be paid by the customer in individual cases. Buyer pays for shipping. The prices you see for the items in your shopping cart are the same as those on the current product information page on the website. We will charge the price that was listed on the website at the time of your order. The order is placed at the current daily price. Please note that we are not bound to an incorrect price. No sales contract has yet been concluded with your order.
- 2 AVAILABILITY
If one or more items are not available, you will receive a corresponding notification by email. In the case of strictly limited and appropriately labeled articles, we reserve the right to cancel double orders. In this way we want to ensure that all customers have the same opportunities. We do not support private sales of our articles at exorbitant prices on various classifieds portals.
- 3 PAYMENT
Alpha Customs accepts the payment methods listed on the respective offer website and provided by the customer for selection. The customer chooses his preferred payment method himself from the available payment methods.
We reserve the right to exclude certain payment methods in individual cases. Alpha Customs has no influence on whether the direct debit, credit card and purchase on account payment methods offered by PayPal Europe are activated for the customer after a brief check. Payment by sending cash or checks is not possible. Alpha Customs excludes liability in the event of loss. For international transfers, bank fees may apply, which are to be borne by the customer.
Payment for the order must be made within 14 days of receipt of the order confirmation. We reserve the right to cancel the reservation of the ordered items for orders without a registered receipt of payment after setting a further written deadline of 14 days. This excludes orders with the purchase on account offered by PayPal Plus. PayPal Europe sets the customer a payment term of 30 days after the order has been placed.
- 4 TERMS OF DELIVERY
The delivery times are displayed on the product page or under shipping times & costs. The information relates to immediate payment instructions during or immediately after placing the order. Articles are only dispatched after receipt of payment has been registered.
The delivery takes place to the delivery address given by the customer. You will be informed of the dispatch by email. The route and means of dispatch are left to our choice. Shipping is currently carried out by the company DHL.
The risk of accidental loss of the ordered goods is transferred to the customer as soon as the goods are handed over to him (§ 446 sentence 1 BGB) or if he is in default of acceptance (§ 300 paragraph 2 BGB).
- 5 ACCEPTANCE OF THE GOODS
We use DHL to send your order within Germany. Should a delivery of goods arrive damaged, we would like to ask you for the following: If possible, complain about the damaged goods directly to the employee of the shipping company and document the degree and extent of the damage. Otherwise it is almost impossible to settle the damage if the contents of the package are damaged. You can refuse to accept damaged goods.
Any rights and claims of the customer - especially the legal rights of the buyer in the event of defects in the (purchased) item - remain unaffected by the above regulations. These therefore also do not include a deadline for the customer's rights in accordance with Section II 8. of these GTC.
- 6 RESERVATION OF TITLE
We reserve title to all goods delivered by us until they have been paid for in full. In order to assert our retention of title, we are entitled to demand the immediate surrender of the reserved goods, excluding any right of retention, unless the counterclaims are legally established or undisputed.
- 7 FORCE MAJEURE
In the event that we are unable to provide the service owed due to force majeure (in particular natural disasters), we are released from the obligation to perform for the duration of the hindrance. If it is impossible for us to execute the order or to deliver the goods for more than a month due to force majeure, you are entitled to withdraw from the contract.
- 8 WARRANTY
When purchasing goods, you are entitled to statutory warranty rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the item, taking into account the following provisions.
The Alpha Customs warranty is otherwise based on the following paragraphs. In principle, we do not give our own guarantees; the mere presentation of the articles in the online shop is therefore basically only to be regarded as a pure description of services.
There is no guarantee for damage caused by improper handling or use of the goods by the customer. The same applies to so-called deliberate wear and tear and changes in the delivery condition.
Improper handling includes removing or damaging the Alpha Control adhesive tape, opening the housing, removing the electrical leads and other mechanical interventions.
If the purchased item is defective, the customer is entitled to supplementary performance if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met.
In the context of supplementary performance, consumers have the choice of whether the supplementary performance should take place either through repair or replacement. However, we are entitled to refuse the selected type of supplementary performance if this is only possible with disproportionate costs and the other type of supplementary performance does not have any significant disadvantages for the consumer.
If it is necessary to return the defective purchase item, we will bear the costs of the return in the form of a return label provided or, if discussed in advance, by reimbursing the return costs to the customer's bank account if a corresponding postal receipt was submitted by email. We reserve the right not to reimburse any return costs incurred if the return label provided has not been used, no receipt is provided for the return or no prior agreement has been made.
In accordance with Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers living in the European Union and via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union available to entrepreneurs established in the European Union who result from the online sale of goods or the online provision of services (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/ ). In order to submit a complaint on this so-called OS platform, consumers have to fill out an electronic complaint form. The individual information that must be provided when filing a complaint is listed in the annex to Regulation (EU) No. 524/2013.
- 9 Disclaimer of Liability
- 10 CONTRACT LANGUAGE / STORAGE OF THE CONTRACT TEXT
The contract language is German.
The text of the contract is not saved by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after submitting the order.