§ 1 Applicability

The present general terms and conditions (GTC) apply to all contracts concluded between you and us, the Alformet GmbH, Trinkbornstr. 10, 56281 Dörth, via this online shop and directly via us, unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.

§ 2 Proof of your entrepreneurial status

Our online shop is directed exclusively at entrepreneurs within the meaning of section 14 BGB. We may therefore demand that you provide us with sufficient proof of your entrepreneurial status prior to conclusion of the contract, e.g. by stating your VAT ID number or other suitable proof. The information required for proof shall be given by you complete and truthful.

§ 3 Processing of your personal data

In our online shop you may order goods or services. For information on the processing of your data, please read our data protection information, which you can find under the following link

https://shop.alformet.com/en/Information/Privacy-Policy/

§ 4 Conclusion of Contract, Contract Language

(1) The presentation of the products and services in our online shop and in catalogues, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents – including in electronic form – does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Submit order“ in the last step of the order process in the online shop, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order receipt, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.

(3) By placing an order outside the online shop, your order is a binding offer to purchase or book the goods and/or services specified in you order. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a email or dispatch the goods or otherwise.

(4) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§ 5 Technical steps up to the conclusion of the contract and correction of input errors in the online shop

(1) Before you order the goods in the online shop, you need to configure the goods in individual configuration steps. You can familiarise yourself with the configuration process before configuring the goods. As part of this configuration process, you will be guided through several configuration steps. In the individual configuration steps, you will select the geometric requirements for the goods, certain material configurations and the required quantity from the specified parameters. Once you have made a configuration selection in the respective configuration step, clicking on the ‘Next step’ button takes you to the next configuration step. Clicking on the ‘Back’ button takes you back to the previous configuration step and gives you the opportunity to modify your configuration selection.

(2) Once you have selected all configurations, you will find a summary of the configuration and quantity you have selected. You can now place the goods with this required configuration and quantity in the shopping basket. At this stage, you can also change the required configuration and quantity at any time or remove selected goods completely. If you have placed goods in the shopping basket, clicking on the ‘To checkout’ or ‘To basket’ buttons will first take you to a page where you can enter your personal information and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, information, configuration, or the required quantity) by clicking on the ‘Edit configuration’ button next to the relevant field.

(3) If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking the ‘Submit order’ confirmation button, your declaration becomes binding within the meaning of Section 4 (2) of these GTC.

§ 6 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.

§ 7 Payment Conditions

The purchase price is due immediately after placing the order. Payment of the goods is made by immediate bank transfer (“Sofortüberweisung”) or in advance. Our bank details for advance payments are

IBAN: DE02 5605 1790 0006 6250 57

BIC: MALADE51SIM

§ 8 Retention of Title

(1) The goods shall remain our property until full payment.

(2) You are entitled to resell the goods under retention of title within the ordinary course of business. However, you may not pledge the reserved goods or assign them as a security. In this case, you already now transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. We accept this assignment. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long as and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets has occured and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.

§ 9 Delivery Conditions

We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.

§ 10 Warranty in case of purchasing goods

(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.

(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.

§ 11 Limitation of Liability

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

§ 12 Final Provisions

(1) Amendments or supplements of these terms and conditions require the written form to be binding.

(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) Venue of performance is Frankfurt am Main. The courts of Frankfurt am Main. shall have exclusive jurisdiction for dispute, in connection with this contract. However, we shall be entitled to file suit at any other competent court that has jurisdiction in the matters at hand.

(4) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.

Last Updated: August 2024