General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online store. A consumer is any natural person who enters into a legal transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. These terms and conditions also apply to future business relationships with companies without the need for us to refer to them again. If the company uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with alca mobil logistics + services gmbh. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by you accepting the offer for the goods contained in the shopping basket by clicking the order button. Immediately after sending the order, you will receive another confirmation by email.
3. Contract language, storage of the contract text
The languages available for concluding the contract are German and English. We save the wording of the contract and send you the order data and our terms and conditions by email. You can view the wording of the contract in our customer login.
4. Delivery terms
Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself. We do not deliver to packing stations.
5. Payment
In our shop, the following payment methods are available to you: Prepayment If you choose the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment. PayPal Plus As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal. If you have selected PayPal as your payment method, you must be registered with PayPal or register first and verify your identity with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process. If you have selected the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be debited immediately after confirmation of the payment instruction and after your identification as the rightful cardholder. You will receive further instructions during the ordering process. If you have chosen the direct debit payment method (only for customers residing in Germany), you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). Once the direct debit mandate has been submitted immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process. If you have chosen the invoice payment method (only for customers residing in Germany), you do not need to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only make payments with debt-discharging effect to PayPal. In addition to our terms and conditions, PayPal's terms and conditions and privacy policy apply to payment processing via PayPal. Further information and PayPal's complete terms and conditions for purchases on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE. The PayPal payment methods by direct debit and by invoice are only available to customers residing in Germany.
6. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you are helping us to be able to assert our own claims against the carrier or the transport insurance company. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the carrier, the freight forwarder or any other person or institution designated to carry out the shipment. The duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply between merchants. If you fail to provide the notification regulated therein, the goods shall be deemed to have been approved, unless the defect in question was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
7. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory right of liability for defects shall apply. When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, 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 to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement on the nature of the goods; we do not assume any liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a warranty to companies, at our discretion, either by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The above restrictions and shortened deadlines do not apply to claims for damages caused by us, our legal representatives or agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty and fraudulent intent in the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed insofar as the scope of application of the Product Liability Act is opened. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
8. Liability
We shall always be liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is established. In the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9. Code of Conduct
We have submitted to the following codes of conduct: Trusted Shops quality criteria http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. Final provisions
If you are a businessperson, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.