Conditions

Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Offers and service descriptions
  6. Redeeming promotional vouchers
  7. Delivery and shipping conditions
  8. Retention of title
  9. Liability for defects (warranty)
  10. Applicable Law
  11. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of the sole proprietorship "alamea" (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the seller regarding goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.

1.3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into 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 contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
  • 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 their order.

If several of the aforementioned alternatives are present, 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 customer sends the offer 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 considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. b Email, fax or letter). The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before submitting 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Only the German language is available for concluding the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More information on the right of withdrawal can be found in the seller's cancellation instructions .

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

5) Offers and service descriptions

5.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not constitute an assurance or guarantee. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.

5.2 The discounts do not apply to delivery costs incurred.

5.3 Alamea reserves the right to change the conditions of the offers at any time without notice. This happens in the online shop.

5.4 If there is a refund, the discount price will be taken into account.

6) Redeeming promotional vouchers

6.1  Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only can be redeemed in the seller's online shop and only within the specified period.

6.2  Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

6.3  Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

6.4  Only one promotional voucher can be redeemed per order.

6.5  The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

6.6  If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

6.7  The balance of a promotional voucher is neither paid out in cash nor bears interest.

6.8  The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

6.9  The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

7) Delivery and shipping conditions

7.1 If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

7.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

7.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller delivers the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment has. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

7.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

7.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

8) Retention of title

If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

9) Liability for defects (warranty)

9.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

9.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • For new goods, the limitation period for defects is one year from delivery of the goods;
  • In the case of used goods, rights and claims due to defects are excluded;
  • The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

9.3 The limitations of liability and shortening of deadlines regulated above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that were used for a building in accordance with their normal use and caused its defects,
  • for a possible existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

9.4 In addition, for entrepreneurs, the statutory limitation periods for a possible existing legal recourse rights remain unaffected.

9.5 If the customer acts as a merchant i.Sd § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

9.6 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 with this, this will have no impact on his legal or contractual claims for defects.

10) Applicable law

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. 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.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point 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 take part in a dispute resolution procedure before a consumer arbitration board.