Terms of service

Terms and Conditions

1. Scope and Coverage

(1) The present Terms and Conditions shall apply to all contracts between Alpha Impex, owner Waldemar Strack (hereinafter referred to as: Alpha Impex) and its commercial customers. The Terms and Conditions shall also be valid for future business, even though they do not explicitly refer to these Terms and Conditions.

(2) Different Terms and Conditions of the customer shall not apply even if they are not explicitly rejected.

(3) Alpha Impex reserves the right to change the Terms and Conditions at any time with effect for the future. The valid version upon completion of contract shall be decisive.

 

2. Conclusion of Contract

(1) Any Alpha Impex offers shall be subject to change and non-binding. The ordering of goods by the Customer shall constitute a binding offer to conclude a purchase contract. The customer shall be bound to his offer for 14 days.

(2) The confirmation of receipt shall proceed via e-mail immediately upon receipt; it is not a declaration of acceptance of the application. The declaration of acceptance shall be issued separately, by post or e-mail, by sending an invoice.

 

3. Commodity Prices, Packaging and Shipping Costs

(1) All prices quoted are net prices in EUR; VAT of currently 19% as well as packing and shipping charges will be added.

2) The purchase price and the cargo are due upon conclusion of contract and payable in advance, the goods are shipped after receipt of payment.

 

4. Delivery Dates, Delivery, Transfer of Risk

(1) Stated delivery times are not binding.

(2) Partial deliveries are permitted.

(3) The risk of accidental loss and accidental deterioration of the goods shall be transferred to the contracted delivery company upon delivery to the buyer.

 

5. Retention of Title

(1) The goods shall remain the property of Alpha Impex until complete fulfilment of all liabilities resulting from the business relationship. The Buyer shall notify the Seller without delay about any third party access to information regarding the delivered goods and send a copy of the attachment record.

(2) Upon completion of contract, the Buyer shall transfer all claims that he acquires from a resale with respect to his customers, as security, in their full amount, to Alpha Impex.  The Buyer shall be revocably authorized to collect the claims in his own name. Alpha Impex will only revoke this collection authorization if the Buyer is behind schedule with his payment obligations towards the Seller, or if insolvency proceedings are opened against the Buyer's assets.

(3) Upon request of the Buyer, Alpha Impex shall release assigned claims to the extent that their value exceeds the secured liabilities by more than 20%. Selecting the released claims shall be the responsibility of Alpha Impex.

 

6. Warranty and Liability

(1) In case of defects of the purchased item, Alpha Impex shall, at its own discretion, provide subsequent performance either by eliminating the defect or delivering an item which is free of any defects. The warranty period shall be one year calculated from the delivery of the item. The provision of 479 BGB remains unaffected. This warranty period shall not apply in the case of wilful misconduct or fraudulent concealment of a defect, and not if Alpha Impex has, in individual cases,  taken a guarantee for the quality of the goods; moreover, it shall not apply in the event of injury to life, body or health, and to claims according to the Product Liability Law, in cases of gross negligence or culpable violation of contractual obligations.

(2) Alpha Impex shall be liable for intent and gross negligence, for all damage arising therefrom. For slight negligence, Alpha Impex is only liable for breach of a contractual obligation, and only for the contractually typical, foreseeable damage and at the date of establishment of the contractual relationship. Liability for all other damages, caused by ordinary negligence, in particular indirect damages, consequential damages and lost profits, shall be excluded, unless a compelling legal liability exists. Any statutory liability regarding bodily and personal injury as well as under the Product Liability Law shall remain unaffected.

 

7. Assignment, Compensation and Right of Retention

(1) An assignment of warranty and compensation claims shall be excluded.

(2) The Buyer shall only be entitled to compensation with undisputed or legally established claims.

 

8. Image Rights

Unless otherwise specified, the rights to any product images are held by Alpha Impex or its partners. Any use without express permission is prohibited.

 

9. Place of Performance and Fulfilment, Jurisdiction, Applicable Law

(1) The place of performance and fulfilment shall be Ettlingen.

(2) The jurisdiction for all obligations arising from the business relationship shall be Ettlingen. However, Alpha Impex can make claims against the Buyer also at its own place of residence or place of business.

Terms and Conditions of this Online Shop

Allgemeine Geschäftsbedingungen dieses Online-Shops