Terms of service
Table of content
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Alfaforge GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or business entity (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 A consumer, as defined in these GTC, is any natural person who enters into a legal transaction for purposes that predominantly do not relate to their commercial or self-employed professional activity.
1.3 A business entity, as defined in these GTC, is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer can submit the offer through the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer, by clicking the button that concludes the ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart.
2.3 The Seller can accept the Customer's offer within five days by:
If several of the aforementioned alternatives exist, the contract is concluded at the time when 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 with the expiration of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the specified period, this is considered a rejection of the offer, and as a result, the Customer is no longer bound to their declaration of intent.
2.4 If the Customer chooses a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE . If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process. The linked legal agreements apply to users in Germany. Agreements for a different country or region are available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_DE
2.5 The Seller stores the text of the contract after the conclusion of the contract when the offer is submitted through the online order form and sends it to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not provide any further access to the contract text.
2.6 Before bindingly placing the order through 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication usually occur via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, 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 for order processing can be delivered.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal
3.2 Further information on the right of withdrawal can be found in the seller's revocation policy.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, the prices specified are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise are separately indicated in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 When selecting a payment method offered through the "Shopify Payments" payment service, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply and which the customer may be separately informed of. Further information on "Shopify Payments" can be accessed on the internet at https://www.shopify.com/legal/terms-payments-de.
5. Delivery and Shipping Conditions
5.1 If the seller offers the shipment of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding the return shipping costs, the regulations made in the seller's revocation policy apply when the customer effectively exercises their right of withdrawal.
5.3 If the customer acts as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or another person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. However, in deviation from this, the risk of accidental loss and deterioration of the sold goods also passes to consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or another person or institution designated to carry out the shipment, if the customer has instructed the carrier, freight forwarder, or other person or institution to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery.
This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care.
The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be promptly informed, and the consideration will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
6. Retention of Title
If the seller provides goods in advance, he reserves ownership of the delivered goods until the full payment of the purchase price owed.
7. Warranty for Defects
Unless otherwise specified in the following regulations, the provisions of statutory warranty apply. Deviating from this, for contracts involving the delivery of goods:
7.1 If the customer is acting as a business entity:
7.2 The liability limitations and deadline reductions specified above do not apply to:
7.3 Additionally, for business entities, the statutory limitation periods for any existing legal recourse remain unaffected.
7.4 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (Handelsgesetzbuch - HGB), the customer is subject to the commercial duty to inspect and give notice under § 377 HGB. If the customer fails to fulfill the notification obligations specified there, the goods are deemed approved.
7.5 If the customer is a consumer, they are requested to report obvious transport damages to the carrier and inform the seller. Failure to do so has no effect on the customer's legal or contractual warranty claims.
8. Special Conditions for the Processing of Goods according to Customer Specifications
8.1 If, according to the content of the contract, the seller is obligated to process the goods according to specific customer specifications:
The customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formats, and image sizes specified by the seller, and grant the necessary usage rights.
The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller, ensuring that no third-party rights are violated, especially copyrights, trademarks, and personal rights.
8.2 The customer indemnifies the seller from third-party claims arising in connection with a violation of their rights through the contractual use of the customer's content by the seller:
The customer also covers the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the customer is not responsible for the legal violation.
In case of third-party claims, the customer must promptly, truthfully, and fully provide all information to the seller that is necessary for examining the claims and mounting a defense.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or goes against good morals:
This includes instances of providing content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence
9. Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller within the scope of promotional activities with a specific validity period and provided free of charge, not available for purchase by the customer (hereinafter "Promotional Vouchers"), can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, as long as such a restriction is evident from the content of the Promotional Voucher.
9.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.5 Only one Promotional Voucher can be redeemed per order.
9.6 The order value must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The credit of a Promotional Voucher will not be paid out in cash or bear interest.
9.9 The Promotional Voucher will not be refunded if the customer returns the goods paid in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.10 The Promotional Voucher is transferable. The seller can fulfill its obligations to the respective holder who redeems the Promotional Voucher in the seller's online shop. This does not apply if the seller is aware of, or grossly negligently unaware of, the holder's lack of authorization, legal incapacity, or lack of authorization to represent.
10. Applicable Law
For all legal relationships between the parties, the laws of the Federal Republic of Germany apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11. Alternative Dispute Resolution
In the event of legal disputes with consumers (as defined in § 13 of the German Civil Code - BGB), Alfaforge GmbH is prepared to participate in consumer arbitration proceedings in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz - VSBG).
The competent body is the Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany (https://www.verbraucher-schlichter.de).
