General Terms and Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (imoe GmbH) via the website https://alphaville-my-passion.com/ . Unless otherwise agreed, the inclusion of your own terms and conditions, if any, shall be contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping system as follows:
The goods intended for purchase are stored in the “checkout-page”. You can make changes there at any time.
After entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on this “checkout-page”.
If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will be forwarded to the website of the provider of the instant payment system. Make the appropriate selection or enter your data there. By confirming the order via the “Pay now” button of the Payment Provider, you declare your legally binding acceptance of the offer, which results in the conclusion of the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
§ 3 Individually designed goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly release us from all claims of third parties asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors.
(4) Insofar as stated in the respective offer, you will receive a correction template from us which you must check immediately. If you agree with the draft, you shall release the correction template for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking that the proof is correct and complete and for notifying us of any errors. We assume no liability for unobjected errors.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own details and the manufacturer’s product description shall be deemed agreed as the condition of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the warranty period shall not apply:
- culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or grossly negligently;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of objects which have been used for a building in accordance with their usual use and which have caused the defectiveness thereof;
- in the case of statutory rights of recourse which you have against us in connection with warranty rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Wennebosteler Hof 4
Phone: +49 511 415796
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser’s print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data within the framework of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
We have submitted ourselves to the buyer’s seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs are not included in the purchase price. They are mentioned on our homepage in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless delivery free of shipping costs has been promised.
6.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. Terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found on our homepage and on the checkout-page.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Legal liability for defects
Liability for defects shall be governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service .
Last update: 02.05.2019