General terms and conditions with customer information
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects warrantyg)
- Redemption of campaign vouchers
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These general terms and conditions hereinafter referred to as "GTC" ofr Alphabrothers OHG (hereinafter referred to as "seller", apply to all contracts for the delivery of goods that a consumer or entrepreneur subsequently concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.bart.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2 conclusion of contracts
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form, fax or e-mail, whereby the customer's receipt of the order confirmation is decisive, orer
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg in the following: Amazon, subject to the Amazon Payments Europe user agreement, available at https: // payments .amazon.de / help / 201751590. If the customer selects Amazon Payments as the payment method as part of the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.slöst.
2.6 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent. B. E-mail, fax or letter. Any further provision of the contract text by the seller does not take place.t.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3 right of withdrawalt
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4 Prices and Terms of Paymentn
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions, e.g. transfer fees, exchange rate fees or import duties or taxes, e.g. customs duties. Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.mmt.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If you select the SOFORT payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, hereinafter called SOFORT. In order to be able to pay the invoice amount via SOFORT, the customer must have an online banking account activated for participation in SOFORT, identify himself accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can find more information about the SOFORT payment method on the Internet at https://www.klarna.com/sofort/.sofort/ abrufen.
4.6 If you choose one of the payment methods offered by the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as "Stripe". The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services, for which special terms of payment may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.r.
4.7 If you choose the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as: Stripe. Stripe reserves the right to carry out a credit check and to reject this type of payment in the event of a negative credit check.nen.
4.8 If you select a payment method offered by the "Klarna" payment service, the payment will be processed by Klarna Bank AB publ, Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter referred to as Klarna. More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address: sind:
5 Delivery and Shipping Conditionsn
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 Pickup is not possible for logistical reasons.
6 Reservation of Titlet
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7 Liability for Defects Warrantyng)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8 Redemption of campaign vouchersn
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer, hereinafter referred to as "promotional vouchers", can only be redeemed in the seller's online shop and only within the specified period.n.
8.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the campaign voucher.
8.3 Promotion vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9 Applicable Lawt
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. 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.
10 place of jurisdictiond
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
11 Alternative Dispute Resolutiong
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.