General Terms and Conditions with Customer Information

Table of Contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Information on online dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Alfa-Service Hurtienne GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these GTC 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 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 on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, email or post.

2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after submission of the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the payment method “PayPal Express” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax or letter) together with these GTC after submission of the order. In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account by entering the corresponding login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting the order.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer may correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to binding submission of the order and may also be corrected there using the usual keyboard and mouse functions.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided for order processing 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 third parties commissioned by the Seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the Customer confirms by submitting the order that they have reached the legally required minimum age and undertakes to ensure that either they themselves or an adult person authorized by them is permitted to accept the goods.

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 withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value added tax. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to money transfers if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method(s) are communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.

4.5 If payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the SEPA direct debit payment method is selected, the invoice amount is due after issuance of a SEPA direct debit mandate, but not before expiry of the period for advance notice of payment. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before expiry of the period for advance notice. Advance notice (“pre-notification”) is any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided that the Customer is responsible for this.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 In the case of goods delivered by freight forwarder, delivery is made “curbside”, i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.

5.4 In the case of self-collection, the Seller shall first inform the Customer by email that the goods ordered by them are ready for collection. After receipt of this email, the Customer may collect the goods at the Seller’s place of business by arrangement with the Seller. In this case, no shipping costs will be charged.

6) Retention of title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 By way of derogation, the limitation period for claims for defects in the case of used goods is one year from delivery of the goods to the Customer. However, the reduction of the limitation period to one year does not apply

• to items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• to claims for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
• to other damages which are based on an intentional or grossly negligent breach of duty by the Seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Seller, as well as
• in the event that the Seller has fraudulently concealed the defect.

7.3 The Customer is requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8) Applicable law

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

8.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

9) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer’s place of business.

10) Information on online dispute resolution

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

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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