General terms and conditions
General Terms and Conditions Status: January 2021
The general terms and conditions regulate the conclusion of the contract, obligations of the company Alphacool International GmbH (hereinafter referred to as "Alphacool"), managing director: Fabian Noelte and the user (customer) as well as the processing of the contracts concluded between the user and www.alphacool.de, owner: Alphacool GmbH.
1. scope of application
For the business relationship between Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig (hereinafter referred to as Alphacool) and the Customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Alphacool does not recognize any deviating terms and conditions of the customer, unless Alphacool has expressly agreed to their validity in writing.
2. conclusion of contract
2.1 The presentation of the goods in our online store is not a binding offer to the customer, but only a non-binding online catalog.
2.2 The sending of the customer's order constitutes an offer to conclude a purchase contract for the goods contained in the order at the conditions transmitted with the order.
2.3 Upon receipt of the order, Alphacool will send the customer an e-mail confirming receipt of the order by Alphacool and listing its details (order confirmation). This order confirmation does not constitute an acceptance of the customer's offer, but is merely intended to inform the customer that the order has been received by Alphacool.
2.4 A purchase contract is only concluded when Alphacool ships the ordered goods to the customer and confirms the shipment to the customer with a second e-mail (shipment confirmation), at the latest when the goods are delivered to the customer. No purchase contract shall be concluded for goods ordered from one and the same order that are not listed in the shipping confirmation; the same shall apply with regard to goods not included in the delivery if no shipping confirmation has been sent beforehand and the purchase contract is therefore concluded with the delivery of the goods to the customer.
3. revocation of the contract for consumers
Right of withdrawal: Customers who are consumers are entitled to the following right of withdrawal. A customer is a consumer if the order at Alphacool can be attributed neither to his commercial nor his independent professional activity.
Cancellation Policy Right of Cancellation:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must contact us at.
Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig - Germany
Phone: +49 531 28874 - 0 Fax: +49 531 28874 - 22 Email: firstname.lastname@example.org
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website www.alphacool.de. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return the goods without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract to
Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig - Germany
or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the costs of the return shipment with the exception of parcel returns within Germany via the online return service.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
End of the cancellation policy
3 Registration of the customer, customer account
3.1 In order to be able to shop in Alphacool's online store, it is necessary that the customer registers with Alphacool and creates a customer account.
3.2 Alphacool will send the customer an e-mail with the specified customer information to the e-mail address provided by the customer during registration immediately after completion of the registration.
3.3 The Customer shall ensure that the e-mail account specified by the Customer is accessible and that receipt of e-mail messages from Alphacool in connection with order processing is not precluded due to forwarding, shutdown, spam filter settings or overfilling of the e-mail account. The customer shall secure its customer password against misuse by third parties and shall not disclose it to third parties.
4 Prices and terms of payment
4.1 All prices stated in our online store include the statutory value added tax. All prices are ex works Stukenbrock including packaging and plus all shipping costs and, if applicable, cash on delivery costs for deliveries within the EU. For net deliveries outside the EU (e.g. Switzerland), the shipping costs paid by the sender do not include other costs such as customs and VAT. Please check with your local customs office for the applicable costs (Switzerland: www.ezv.admin.ch) For more information on shipping costs and payment, please refer to the Shipping and Delivery section on the Alphacool homepage www.alphacool.de.
4.2 Payment on the part of the customer can be made by advance payment or cash on delivery. Orders from abroad will only be processed by prepayment or by PayPal upon request.
Payment in advance:
Prepayment payments are made by bank transfer or PayPal. When ordering by prepayment, you will receive an automatically generated order confirmation by e-mail with our bank details and the order number assigned to your order. Please enter this order number together with your first name/last name as reason for payment when transferring the money. Please note that depending on the day of the week and the speed of the respective bank, it may take 1 to 5 days to receive your payment. Your order can only be processed after receipt of payment.
Cash on delivery payment:
Cash on delivery payments are usually made in cash to the package messenger. (Please make sure that the amount is as appropriate as possible to put ready, because the parcel delivery people often do not have change!) Please note that DHL and GLS charge another € 2.00 COD fee in addition to the shipping costs, which is not shown on the invoice we send you.
4.3 The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by us. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same legal relationship.
4.5 Minimum order value: There is no minimum order value for end customers. For commercial customers, we charge a minimum quantity surcharge of 5€ net for orders below 50€ net value of goods.
4.6 Please note that if you are ordering from Switzerland or other countries that charge import duties, Alphacool has no influence on the amount of customs duties or taxes to be paid in your country. In this case, please inform yourself about the costs of an order, which will be charged only when the goods are imported into your country. These fees are NOT charged by Alphacool and are NOT already included in the shipping charges. If VAT is applicable when importing the goods into your country (e.g. Switzerland), you can have the German VAT removed from your order before transferring the money and you do not have to transfer it as well.
5. delivery and transport damages
5.1 Delivery shall be made by shipment ex warehouse to the delivery address provided by the customer or - if agreed - by collection by the customer.
5.2 If Alphacool accepts the Customer's order, the delivery of the goods will be arranged immediately after receipt of the order. In the case of goods whose availability is indicated as "in stock" in the product description in the online store, shipment will regularly take place within the next working day. If the availability is indicated as "available from:" or "in stock", the goods will be shipped as soon as they are available. If goods with different availability are included in one and the same order, shipment shall generally only take place when all goods included in the order are available, unless expressly agreed otherwise.
5.3 Delivery in case of prepayment: In case of orders against prepayment, the delivery will only take place after Alphacool has received the money in full. In case of advance payment orders, Alphacool will not make any reservation of the ordered goods for the customer. Should there be delays in delivery in this context, e.g. because the ordered goods have been sold out in the meantime and have to be ordered again, Alphacool will inform the customer about this immediately.
5.4 Insofar as the delivery is made to the delivery address provided by the customer, Alphacool will use a freight company for this purpose (for domestic deliveries mainly GLS). According to the law, the risk of the goods perishing or being damaged during transport shall be borne by Alphacool in relation to the customer, unless the customer is in default of acceptance.
5.5 In order for Alphacool to be able to secure possible claims against the transport company due to transport damage, externally visible transport damage must be reported to the parcel carrier upon delivery of the order; externally non-visible transport damage must be reported by us to the transport company within 7 days after delivery at the latest, otherwise it will be assumed to the detriment of Alphacool that the order was delivered without transport damage. Alphacool is therefore dependent on your support in this regard.
Externally visible transport damage:
Generally, there is no obligation for you to open the package upon delivery and inspect it for shipping damage. However, if transport damage is reasonably likely, e.g. because the package is visibly severely damaged from the outside, compressed, torn open, or because the contents of fragile goods clink when "shaken", you must open the package in the presence of the parcel carrier and check whether the contents are damaged. However, this inspection obligation is limited to checking the goods for readily apparent transport damage, e.g. whether the goods are broken or deformed or whether goods with casings clink when shaken. If this inspection reveals transport damage, this must be reported to the parcel carrier and confirmed by the parcel carrier. The parcel carrier is obliged to do this. Please leave the goods then - as far as still possible - in the original packaging and do not use it. Please inform us immediately by phone or e-mail of the damage so that we can take care of the settlement.
Transport damage that is not externally visible:
In order for us to preserve our rights against the shipping company, we ask that you unpack the delivered goods within 4 days of delivery at the latest. If you find out during unpacking that the delivered goods are damaged, please leave the goods - as far as still possible - in the original packaging and do not use them. Please inform us immediately by phone or e-mail about the damage, so that we can take care of the processing.
Your warranty claims due to possible transport damages are not affected by the above regulations.
6. reservation of proprietary rights
The delivered goods remain the property of Alphacool until full payment.
7.1 All pictures used for the presentation of goods in Alphacool's online store are only sample photos. They do not represent the respective article true to life in every case, but serve only for illustration, especially with colors there may be deviations due to the different representation on different screens. The technical description of the articles is authoritative.
7.2 Obvious defects must be reported to Alphacool by the customer in text form (e.g. letter, fax, e-mail) within three weeks after receipt of the goods at the latest. A defect is obvious if it must be noticeable to the average customer who is not particularly familiar with the subject matter of the contract (the ordered goods) without special examination effort when objectively assessing the defect. If, on the other hand, a defect can only be detected after expert examination or with a greater expenditure of time and money, it is not obvious.
7.3 The customer is obligated to back up any data on the goods before returning them. Alphacool shall not be liable for any loss of data on devices that are returned.
7.4 If a notice of defect turns out to be unjustified, Alphacool will return the goods to the customer. The costs including the inspection effort shall be borne by the customer. Alphacool is entitled to charge a lump-sum expense allowance of 30.00 EUR in this context. Alphacool reserves the right to claim actual higher expenses. Buyer shall be entitled to prove that Alphacool's expenses were actually lower.
7.5 If Alphacool, through no fault of its own, is no longer able to remedy a defect by replacement delivery of the ordered goods, e.g. because they have been out of stock in the meantime, and if a remedy is not possible or only possible with disproportionate costs, Alphacool shall be entitled to withdraw from the contract vis-à-vis the customer. In this case, the customer will be informed immediately that the ordered goods are no longer available and that a rectification is not possible or only possible with disproportionate costs. Payments already made by the customer shall also be refunded without delay.
7.6 The provisions of Clause 7.5 shall apply accordingly in the event of incorrect deliveries or shortfalls.
7.7 The warranty period shall be 2 years after delivery of the goods to the customer.
7.8 No warranty shall be assumed for damage resulting from improper or unsuitable use, faulty commissioning or assembly, natural wear and tear, negligent or faulty use, failure to observe the maintenance or operating instructions and improper repair work or modifications by the customer or third parties.
8.1 Alphacool shall be liable without limitation in accordance with the statutory provisions for damages of the contractual partner caused by intentional or grossly negligent conduct of Alphacool or its vicarious agents. The same shall apply to damages under the Product Liability Act.
8.2 In all other respects, Alphacool's liability for claims for damages - irrespective of the legal grounds - shall be limited in accordance with the following provisions, unless otherwise stipulated in a warranty given by Alphacool:
- For damages caused by slight negligence, Alphacool's liability is limited to the typically foreseeable damage.
- Alphacool's liability for loss of data and/or programs caused by slight negligence is limited to the typical recovery effort that would have been incurred if the contractual partner had backed up the data regularly and appropriately under the circumstances.
- For delay damages caused by slight negligence, Alphacool's liability is limited to the typically foreseeable damage, but not more than 5% of the total price agreed in the contract concerned.
- Liability is excluded in case of commercial use of the products, as well as in case of non-intended use outside the intended object of use, which is a home computer unless otherwise stated.
8.3 The provisions of the preceding paragraph shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
8.4 The above limitations of liability shall also apply in favor of vicarious agents of Alphacool.
9. data storage
All data collected on this website will be treated in accordance with the provisions of the German Federal Data Protection Act (BDSG), the German Information and Telecommunication Services Act (IuTDG) and the European Data Protection Regulation (DS-GVO).
10. applicable law
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer has its place of residence or registered office abroad.
The billing of the website via credit card is carried out by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.
1, Place du Marché
R.C.S. Luxembourg B 144133
E-mail: info @ hso-services.com