Terms and Conditions
§ 1 Inclusion of General Terms and Conditions
1.1 In the contractual relationship between Alusteck and the customer, only the General Terms and Conditions used herein, in their current version applicable at the time of contract conclusion, shall apply.
1.2 In individual cases, special conditions of ALUSTECK® or the respective cooperating partner company shall apply in addition to these General Terms and Conditions. These special conditions will be indicated separately in each case.
1.3 The inclusion of any General Terms and Conditions of the customer existing outside of this agreement is expressly excluded. It shall not take place even if ALUSTECK® remains silent or does not expressly object to a declared inclusion, for example, through notes on business stationery, delivery notes, or similar.
1.4 Consent to the inclusion of the customer's General Terms and Conditions is also not implied by the provision of the agreed service, its unreserved acceptance, or payment of the agreed remuneration.
§ 2 Conclusion of Contract
2.1 The order confirmation sent by ALUSTECK® to the customer does not constitute acceptance of the order.
2.2 The contract becomes binding when ALUSTECK® accepts the offer, e.g., by a separate email announcing the dispatch, or by dispatching the goods themselves. Furthermore, a cancellation is only possible if the production of the goods has not yet started.
§ 3 Catalog Information
3.1 Prices in the catalog are gross, including the applicable statutory value-added tax.
3.2 Should an incorrect price labeling of the goods offered in the online catalog become apparent, ALUSTECK® is entitled to withdraw from the contract, irrespective of any existing statutory right of rescission.
3.3 The delivery times and availabilities stated in the ALUSTECK® online catalog are based on information from ALUSTECK®'s suppliers and refer to working days from Monday to Friday. They are non-binding statements about estimated delivery times and availabilities.
3.4 Dimensions always refer to the largest outer dimension, as longitudinal cuts are made before miter cuts are created.
3.5 For orders under €75.00, we reserve the right to charge a small quantity surcharge of €6.90.
§ 4 Right of Return
4.1 The customer has a special right of return for the delivered goods for a period of 14 days after receipt, as long as they are in their original packaging and, if applicable, sealed (exceptions see 4.2). This special right of return exists in addition to the statutory warranty and is at the customer's expense. The customer must contact ALUSTECK® customer service before sending the goods (for more details, see 4.3). After receipt and inspection of the goods, the customer will receive a credit note for the value of the goods, and payments already made will be refunded.
4.2 The following products are not covered by point 4.1 of this agreement:
- Products that are no longer offered by ALUSTECK® 5 days after purchase (end-of-life products).
- Products that have been altered according to customer specifications in such a way that they no longer correspond to the originally offered condition (e.g., custom cuts).
- Consumables.
- Products whose product description includes an exclusion of the right of return.
- Products that are no longer in their original packaging, incomplete, or in a non-resalable condition.
- Further information on the return rights of individual products can be obtained at info@alusteck.de.
4.3 Before the customer can exercise their right of return or warranty after purchase, they are obliged to contact our customer service by email at info@alusteck.de or by phone at +49 (0)2845 - 9498246 to coordinate the procedure. Unannounced or unpaid deliveries of goods cannot be accepted.
§ 5 Reservation of Deliverability
5.1 Should ALUSTECK® be informed by the supplier of delivery times deviating from those stated in the online catalog after the conclusion of the purchase contract, ALUSTECK® will immediately notify the customer thereof. The customer can confirm the order with the changed delivery times or withdraw from the contract. If the customer does not confirm the changed delivery times, ALUSTECK® has the right, at its discretion, to withdraw from the contract or the right to deliver goods of comparable type and quality at the same price. The same applies in the event of the subsequent unavailability of goods offered in the online catalog.
5.2 Cases of force majeure, as well as industrial disputes or raw material shortages, release ALUSTECK® from the obligation to fulfill orders and pay damages.
§ 6 Delivery and Payment Terms
6.1 Goods are delivered in the specified packaging units. Technical changes and changes in shape, color, and weight unit are reserved within reasonable and customary commercial limits.
6.2 Invoices are payable immediately upon invoicing without deduction, unless the parties agree otherwise in writing in individual cases.
6.3 We reserve the right, regardless of the customer's choice, to generally only execute a delivery against advance payment.
6.4 For deliveries against advance payment, only bank transfers are accepted. Acceptance of bills of exchange is excluded.
6.5 Orders will be dispatched, subject to availability, after the value date of the order amount within the delivery times stated for the individual item. Due to factors that cannot be influenced sufficiently by ALUSTECK® or the supplier (e.g., weather-related influences), longer delivery periods may occur in individual cases. Should delivery be unreasonably delayed in such a case, the customer will be informed thereof.
6.6 Partial deliveries are permissible.
6.7 The longest delivery times of the individual items apply to the entire order.
6.8 Invoicing is exclusively in electronic form as a PDF via email.
6.9 If an incorrect, faulty, or incomplete indication of the name or address prevents delivery, the additional postage costs incurred will be charged to the customer.
6.10 In principle, only transfers according to the SEPA procedure are possible; otherwise, we unfortunately have to charge you a fee of €25.00.
6.11 Express processing can only be handled once per customer per ongoing order. Splitting larger orders is not permitted.
6.12 Islands are generally excluded from regular shipping costs.
6.13 Length specifications for custom-cut goods with decimal places are not permitted and will be commercially rounded.
6.14 For orders with a goods value exceeding €1000.00 excl. VAT, shipping costs must be calculated individually afterwards.
§ 7 Default
7.1 In the event of default, ALUSTECK® is entitled to demand default interest at a rate of 8% above the base rate of the European Central Bank.
7.2 ALUSTECK® is entitled to charge maturity interest from the due date in accordance with § 353 HGB.
§ 8 Place of Performance and Transfer of Risk
8.1 The place of performance is the location of the shipping warehouse for the respective products.
8.2 With the handover of the sold item to the transport person at the place of performance, the risk passes to the buyer. The buyer's default in acceptance is equivalent to handover.
§ 9 Duty to Inspect and Give Notice of Defects
9.1 The customer is obliged to immediately inspect goods, delivery note, and invoice upon receipt.
9.2 Delayed complaints are at the customer's expense and cannot be considered under the conditions of § 377 HGB.
9.3 If goods other than those ordered or incorrect quantities are delivered, the customer is obliged to immediately contact ALUSTECK® by email at info@alusteck.de. ALUSTECK® will arrange for the incorrectly delivered goods to be picked up and the ordered goods to be delivered. The customer will not incur any costs beyond normal order processing due to subsequent or replacement delivery.
§ 10 Retention of Title
10.1 ALUSTECK® retains title to the delivered goods until all claims arising from the entire business relationship with the customer have been fulfilled.
10.2 The customer is not entitled to pledge, assign as security, or grant other security rights to third parties regarding the goods delivered by ALUSTECK®. If a third party nevertheless acquires rights to the collateral, the customer hereby assigns all rights arising therefrom to the collateral. ALUSTECK® accepts this assignment. The customer is obliged to notify ALUSTECK® if any attachment, seizure, or other disposition by a third party has occurred with respect to the collateral.
10.3 The retained title will be released by ALUSTECK® as soon as its realizable value permanently exceeds the claim against the customer by more than 20%.
10.4 In the case of an open account, the securities serve to secure the balance claim.
§ 11 Set-off and Retention
11.1 The customer can only set off claims that have been legally established or acknowledged in writing. Otherwise, the customer's right of set-off is excluded.
11.2 The customer's rights of retention exist only insofar as these claims arise from the same contractual relationship from which the consideration corresponding to the retained obligation results.
§ 12 Warranty
12.1 The warranty period is one year.
12.2 Defects in the delivered item must be reported immediately in accordance with § 377 (1) HGB; otherwise, the delivered item shall be deemed approved in accordance with § 377 (2) HGB.
12.3 In the event of a warranty claim, ALUSTECK® will, at its discretion, either repair the delivered goods, exchange them for fault-free goods, or issue a credit note to the customer for the value of the goods upon return of the faulty goods.
12.4 The customer may reduce the purchase price or withdraw from the contract if two attempts by ALUSTECK® to remedy the defect within a reasonable period have failed. Further claims by the customer are excluded.
12.5 Before exercising warranty rights, the customer is obliged to contact ALUSTECK® customer service by email at info@alusteck.de or by phone at +49 (0)2845 - 9498246.
§ 13 Liability
13.1 ALUSTECK® is liable for intent and gross negligence. In the event of a slightly negligent breach of an essential contractual obligation (cardinal duty), ALUSTECK® is liable up to the typically foreseeable damage, which is in all respects limited to the purchase price of the ordered goods. Compensation for indirect damages is excluded in the case of negligent liability.
13.2 Otherwise, liability is excluded to the extent permitted by law.
13.3 Liability under the Product Liability Act remains unaffected.
13.4 ALUSTECK® is not liable for damages resulting from cases of force majeure.
13.5 These liability regulations apply accordingly to the organs and of ALUSTECK®.
§ 14 Data Protection
14.1 Customer data collected during the order process will be exclusively collected, processed, and used for the purpose of order processing. The customer consents to these processes and at the same time agrees to the transfer of this data to companies cooperating with ALUSTECK® for the purpose of order processing.
14.2 Insofar as the customer has consented to the use of their data for the purpose of internal market research, product and service improvement, or ALUSTECK®'s own marketing purposes by accepting these General Terms and Conditions, the customer is entitled to revoke this consent at any time. The revocation can be made by email to info@alusteck.de or in any other way.
14.3 Any processing and use of customer data by ALUSTECK® beyond the purposes permitted under paragraphs 1 and 2 will not take place.
14.4 ALUSTECK® is obliged to comply with all relevant data protection regulations, in particular to maintain data secrecy according to § 5 BGSG and to take appropriate technical and organizational measures to ensure data protection.
14.5 If the customer does not consent to the collection, processing, and use of their data within the meaning of paragraph 1 of this provision, or not to the extent required for order processing, proper processing of the entire order is not possible. If an effective contractual relationship was concluded between the parties before the customer's refusal of consent, ALUSTECK® has a contractual right of withdrawal.
§ 15 Voucher Promotions
15.1 For voucher promotions, only one voucher can be redeemed per customer and promotion.
15.2 Vouchers are not applicable for purchases made within the scope of ALUSTECK®'s brokerage activities.
15.3 The voucher value includes the statutory VAT.
15.4 If the order value is less than the voucher value, there is no claim for payment or credit of the difference. The voucher value is not applied to shipping costs. The difference expires.
15.5 For an order, the voucher amount is proportionally distributed among all items according to their value.
15.6 Vouchers are only accepted for online orders; a subsequent offsetting of the voucher amount is excluded. Should the voucher amount not be displayed in the shopping cart, the customer is obliged to contact our customer service by email at info@alusteck.de or by phone at +49 (0)2845 - 9498246 to clarify the matter before submitting the order. Otherwise, the customer has no claim to the voucher amount.
15.7 The voucher amount will be shown separately on the invoice, and the final invoice amount will be reduced accordingly. A subsequent reduction of the final invoice amount by the voucher value is not permitted.
§ 16 Choice of Law
16.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 17 Written Form
17.1 Agreements between the parties require written form to be effective.
17.2 Oral agreements require written confirmation by both parties to be effective.
17.3 The amendment or cancellation of the written form requirement is only possible by observing the written form.
17.4 To comply with the written form requirement, deviating from §§ 127 para. 3, 126a BGB, a declaration by email is sufficient even if the sender is identifiable and the declaration is not provided with an electronic signature. The user of an email not provided with an electronic signature according to §§ 127 para. 3, 126a BGB must accept the content of the declaration as correct and waives, in the event of a legal dispute, the objection that the declaration was not submitted by him with the relevant content to the addressee named in the declaration at the time indicated in the declaration.
§ 18 Place of Jurisdiction
18.1 The exclusive place of jurisdiction is Moers.
18.2 ALUSTECK® is entitled, notwithstanding the foregoing provision, to sue at any legally permissible general place of jurisdiction.
§ 19 Severability Clause
19.1 Should one of the foregoing provisions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid or void provision, unless the parties agree otherwise in a legally effective manner. The same applies to a regulatory gap. Valid since 17.05.2010 § 20 Dispute Resolution The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for resolving their disputes.
