Terms and Conditions

I INFORMATION ON DISTANCE SALES AND CONCLUSION OF CONTRACTS IN ELECTRONIC BUSINESS

• 1 CONTRACTUAL PARTNER

The following contractual conditions apply to all contracts concluded via the online shop at the URL https://www.alphacustoms.de/shop/

Alpha Customs

Luis Alexander Schaller

Rosenstrasse 2

89584 Ehingen

Fax +49 (0) 7391 7639267
Email mail@alphacustoms.de

and the customer.

Customers within the meaning of these General Terms and Conditions are exclusively consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

• 2 CONCLUSION OF THE CONTRACT IN ELECTRONIC BUSINESS

The products and services listed within the online shop do not represent binding offers. Rather, they are an invitation to the customer to make a binding offer by placing an order.

As soon as we have received your order, you will receive an automatically generated email confirming that we have received your order and containing its details. We will then check the availability of the items you 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 when we expressly accept the order. 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 delivery to ourselves by suppliers. The liability of Alpha Customs 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 non-availability or only partial availability of the service, Alpha Customs will inform the customer immediately; In the event of withdrawal, the consideration will be refunded to the customer immediately.

For technical reasons, we are unfortunately unable to accept orders by telephone, fax, letter or email. We only accept orders placed via our online shop.

• 3 INFORMATION ABOUT YOUR RIGHT OF CANCELLATION

For distance selling contracts, consumers have a right of withdrawal in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following cancellation policy:

CANCELLATION POLICY / RIGHT OF CANCELLATION

You have the right to cancel this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Alpha Customs, Luis Alexander Schaller, Rosenstraße 2, 89584 Ehingen, Fax: +49 7391-7639267, Email: mail@alphacustoms.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

CONSEQUENCES OF CANCELLATION

If you revoke this contract, we must repay to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

FAIL OR PREMATURE EXPIRATION OF THE RIGHT OF CANCELLATION

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Right of withdrawal / exclusion of withdrawal

According to Section 312g Para. 2 No. 1 BGB, there is no right of withdrawal for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

In addition, there is no right of withdrawal for electronic components that have already been installed or put into operation, such as our Alpha Control flap control, as a return after installation and use is excluded due to the inseparable mixing with the vehicle and the fact that the goods are no longer new.

Please note:

As soon as our Alpha Control flap control has been permanently installed in the vehicle and electrically connected, the right of withdrawal expires. It is not possible to return controls that have already been installed.

ATTACHMENT: SAMPLE FOR THE CANCELLATION FORM

according to Appendix 2 to Art. 246a § 1 Para. 2 Sentence 1 No. 1 and § 2 Para. 2 No. 2 EGBGB

(If you want to cancel the contract, please fill out this form and send it back.)

Alpha Customs

Luis Alexander Schaller

Rosenstrasse 2

89584 Ehingen

mail@alphacustoms.de

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 consumer(s):
• Address of the consumer(s):
• Date:
• Signature of the consumer(s) (only for paper notification)
  (*) Delete what is not applicable

To make the cancellation process easy, please feel free to contact our support team:

Email: mail@alphacustoms.de

A prior agreement on the return via the email address stated in the cancellation policy makes it easier for us to allocate 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) (as of May 2019)

The following conditions apply to all orders via the website https://www.alphacustoms.de/shop. The general terms and conditions valid at the time of the order apply.

• 1 PRICES; DELIVERY AND SHIPPING COSTS

All prices include the currently applicable VAT. In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may be payable by the customer in individual cases. The customer bears the shipping costs. 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 you placed your order. Orders are placed at the current daily price. Please note that we are not bound by an incorrect price. Your order has not yet concluded a purchase contract.

• 2 AVAILABILITY

If one or more items are not available, you will receive a corresponding notification by email. For strictly limited and appropriately marked items, we reserve the right to cancel duplicate orders. We therefore want to ensure that all customers have the same opportunities. We do not support private sales of our items at exorbitant prices on various classifieds portals.

• 3 PAYMENT

Alpha Customs accepts the payment methods listed on the respective offer website and provided for selection by the customer. The customer chooses his preferred payment method 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 payment methods offered by PayPal Europe, such as direct debit, credit card and purchase on account, are activated for the customer after a short check. Payment by sending cash or check is not possible. Alpha Customs excludes liability in the event of loss. Bank charges may apply to international transfers, which must be borne by the customer.

Payment for the order must be made within 14 days of receipt of the order confirmation. For orders without registered receipt of payment, we reserve the right to cancel the reservation of the ordered items after setting a further written deadline of 14 days. This excludes orders with purchase on account offered through PayPal Plus. When purchasing on account, PayPal Europe sets a payment deadline of 30 days after placing the order.

• 4 DELIVERY TERMS

The delivery times are displayed on the product page or under shipping times & costs. The information refers to the immediate payment instruction during or immediately after placing the order. Items will only be dispatched after receipt of payment has been registered.

Delivery is made to the delivery address specified by the customer. You will be informed about shipping by email. Shipping route and means are at our discretion. Shipping is currently carried out via DHL.

The risk of accidental loss of the ordered goods passes 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 para. 2 BGB).

• 5 ACCEPTANCE OF THE GOODS

We use DHL to ship your order within Germany. If a delivery of goods arrives damaged, we would like to ask you to do the following: If possible, report the damaged goods immediately to the shipping company's employee 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 buyer's legal rights in the event of defects in the (purchased) item - remain unaffected by the above regulations. These therefore do not include any exclusion period for the customer's rights in accordance with Section II 8 of these General Terms and Conditions.

• 6 RETENTION OF TITLE

We reserve ownership of all goods delivered by us until full payment has been made. In order to assert our retention of title, we are entitled to demand the immediate return of the reserved goods, excluding any right of retention, unless these are legally established or undisputed counterclaims.

• 7 FORCE MAJEURE

In the event that we are unable to provide the service owed due to force majeure (particularly natural disasters), we are released from the obligation to perform for the duration of the hindrance. If it is impossible for us to carry out the order or deliver the goods for longer than one month due to force majeure, you are entitled to withdraw from the contract.

• 8 WARRANTY

When you purchase goods, you have statutory liability rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the item, subject to the following regulations.

Alpha Customs’ warranty is otherwise governed by the following paragraphs. We generally do not give any guarantees of our own; The mere presentation of the items in the online shop is therefore fundamentally to be viewed as a pure service description.

There is no warranty for damage caused by improper handling or use of the goods by the customer. The same applies to so-called intentional wear and tear and changes to the delivery condition.

Improper handling includes, but is not limited to, 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 subsequent performance if and to the extent that the requirements of the statutory provisions regarding rights in the event of defects are met.

As part of the subsequent performance, consumers have the choice of whether the subsequent performance should take place either through repair or replacement delivery. However, we are entitled to refuse the chosen type of subsequent performance if this is only possible at disproportionate costs and the other type of subsequent performance does not cause significant disadvantages for the consumer.

If it is necessary to return the defective purchased item, we will cover the costs of the return in the form of a return label provided or, if agreed in advance, by refunding the return costs to the customer's bank account if a corresponding postal receipt has been 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 for the return is presented or no prior agreement has taken place.

The European Commission provides, in accordance with Regulation (EU) No 524/2013, a European platform for the resolution of disputes between consumers resident in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services, via an interactive website accessible electronically in all the official languages ​​of the institutions of the European Union (so-called OS platform / URL:http://ec.europa.eu/consumers/odr/). In order to file a complaint on this so-called OS platform, consumers must fill out an electronic complaint form. The specific information to be provided when lodging a complaint is set out in the Annex to Regulation (EU) No 524/2013.

• 9 Disclaimer

• 10 CONTRACT LANGUAGE/STORAGE OF THE CONTRACT TEXT

The contract language is German.

The contract text is not stored by us and can no longer be accessed after the ordering process has been completed. However, you can print out your order details immediately after submitting the order.