Terms and Conditions
General Terms and Conditions of Business
1. scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
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 articles. 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 clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
The following payment methods are available in our shop:
payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
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 data, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, in order to be able to pay the invoice amount, you must be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and your legitimacy as a legal cardholder and your card will be debited. You will receive further information during the ordering process.
If you have chosen the payment method direct debit (only for customers residing in Germany), you do not have to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). PayPal asks its bank to initiate the payment transaction, submitting the direct debit mandate immediately after confirmation of the payment order. The payment transaction will be executed and your account debited. You will receive further information during the ordering process.
If you have chosen the payment method invoice (only for customers residing in Germany), you do not have to be registered with PayPal to be able to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. In addition to our general terms and conditions, PayPal's general terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_EN.
Only customers residing in Germany can use the PayPal payment methods by direct debit and invoice.
6. transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranties and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods may 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 subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage 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 or fraudulent intent
- breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance 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 has been opened up.
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- - insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
9. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
10. settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
The General Consumer Arbitration Office of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
If you are an entrepreneur, German law applies 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 is our place of business.