AGB

General Terms and Conditions (GTC) and Consumer Information

Status: 06/2020 

General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the online store between Alveda GmbH, Am Stener Berg 41k, 13125 Berlin

- hereinafter referred to as "Seller" - and the customer - hereinafter referred to as "Customer" - are concluded.

§ 1 Scope and general information

(1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.

(2) The customer is a consumer if he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The contract is concluded with the above-mentioned seller or a representative of the same.

(2) The essential characteristics of the goods result from the respective product description posted by the seller.

(3) All offers in the Seller's online store are merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of the order placed with the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the online store of the seller works as follows:

(4) The Customer may select products from the Seller's assortment and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking on the button "Shopping cart" the customer gets an overview of the selected products. By clicking on the button "Order with obligation to pay" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and the entered data at any time by using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the check button "I have read and agree to the terms and conditions of your store" and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by the seller, which is sent with a separate e-mail.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject matter of the contract shall be the goods and services specified by the customer in the order and / or order confirmation at the final prices stated in the online store. Errors and mistakes there are reserved, especially with regard to the availability of goods.

(2) The quality of the ordered goods results from the product descriptions in the online store. Images on the website may only inaccurately reflect the products; colors in particular may differ significantly for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described herein do not constitute defects in the products supplied by the seller.

(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also notify the Customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

§ 4 Delivery, prices, shipping costs

(1) Delivery to the shipping company shall take place no later than two days after receipt of money, in case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller shall indicate any deviating delivery times on the respective product page.

(2) Delivery is made only within the EU.

(3) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer will receive an invoice with VAT shown.

§ 5 Payment

Payment is made in advance (bank transfer) or cash on delivery.

§ 6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is requested to immediately complain about these defects to the delivery agent and to contact the seller as soon as possible.

(2) Failure to make a claim or to contact the Seller shall have no consequences for the Customer's statutory warranty rights, but shall help the Seller to be able to assert its own claims against the carrier or the transport insurance.

§ 7 Warranty for material defects

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.

§ 8 Retention of title

Until full payment, the delivered goods remain the property of the seller.

§ 9 Liability

The statutory regulations apply.

§ 10 Contract text

The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions are sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.

§ 11 Final provisions

(1) The contractual language is German.

(2) Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.

Source: Attorney-at-law Metzler - Attorney-at-law for competition law, trademark law and copyright law

(end of the GTC)