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Business Terms

General terms and conditions of business of the ALTADirekt GmbH

1. General
All deliveries and services of the company ALTADirekt GmbH, that are based on internet orders other orders, underlie these terms and conditions of business. Divergent and/or additional agreements require the explicit approval of the company management or of a representative by letter, as well as the written form; this counts as well for the waiver of the written form requirement. A contractual and legal cancellation right is only warrant for private clients; the same applies to return deliveries of obtained articles as they due to the private customer according to the Distance Selling Act. Hereof are business clients and companies explicitly excluded.

2. Contract closing
The presentation of the articles in the shop of ALTADirekt includes no mandatory offer for sale. By filling the order form completely and by pressing the “Buy Now” button afterwards the customer initiates the offer for the conclusion of a purchase contract. You remain bound for five workdays; this means the contract comes about, when we accept your order within this term. You receive a confirmation about the receipt of the order at the ALTADirekt GmbH (“order confirmation”) directly after dispatching the order. This confirmation constitutes no acceptance of the contract. We announce the acceptance of the contract in a separate email as soon as the article leaves our warehouse or as soon as we can confirm the term of delivery (“delivery confirmation”). As far as a cancellation right by law is legally entitled to you, the legal cancellation right remains in every case unaffected by the following regulations.

3. Delivery conditions
As long as it is not separately arranged, the delivery date stated in the order confirmation is not definite. The ALTADirekt GmbH will as far as possible stick to the stated delivery date. In case that the delivery date will overstay, the customer has the right to set a grace period of at least six weeks. If ALTADirekt does not deliver the articles within this grace period, the customer is able to rescind the contract by writing an explanation. If delivery is not possible due to reasons that the ALTADirekt GmbH is not responsible for, the ALTADirekt is able to rescind the contract. Reasons for which the ALTADirekt GmbH is not responsible for are especially cases of force majeure, like e.g. war, strike or a missing delivery to the ALTADirekt GmbH for which the ALTADirekt GmbH is not responsible. We will inform the customer immediately about the unavailability and we will repay the already happened payments instantly.
The claim to a carriage paid delivery starting at a value of goods of 250 Euro net, applies only for initial deliveries. If the recipient is not met at the first try of delivery, he/she has to bear the thereby arising costs like storage costs or additional charges for the second and following deliveries; this counts also for an order of more than 250 Euro net.

4. Passing of risk
The danger of accidental deterioration and of accidental destruction of the goods transfer according to the legal regulations to the customer. Insofar as you are the consumer, the danger of accidental deterioration and of accidental destruction transfers to you, when the goods will be committed to you or when you are in default of acceptance. At the transport route to you, we consequently assume the risk of a loss or the risk of a damage. As far as you are an entrepreneur, we owe you only the transfer to the transport company, which is commissioned by the ALTADirekt GmbH; this means particularly that the ALTADirekt GmbH does not avow for the transport company`s guiltiness at the implementation of the delivery. So we become clean of the obligation to performance, if the goods are lost at the transport route, if the goods are destroyed or damaged at the transport route or if the delivery fails finally due to miscellaneous reasons. At a consignment from the customer to the ALTADirekt GmbH the customer bears any risk, especially the transport risk, until the goods arrive at the ALTADirekt GmbH.

5. Payment conditions
Invoices of the ALTADirekt GmbH are promptly due and without any deduction payable. Eventual expenses are at the customer`s charge. An offsetting is only acceptable with an uncontended and judicial valid ascertained claim. The customer is only able to claim the right of retention insofar as it is based on the same contractual relationship. For financial purpose, the ALTADirekt GmbH is entitled to resign your claims. In case that the purchaser is in default with his/her payment, all claims become due immediately and without the necessity to give a separate notice of default.

6. Warranty
If complaints concerning the delivery contents, defect as to quality, misdelivery and quantity deviation can be ascertained through a reasonable investigation, the customer has to claim this by letter promptly or at the latest within one week after receiving the goods. For keeping of the term lasts the timely dispatch. The lapse of time excludes the warranty for obvious deficiencies. The warranty period through the ALTADirekt GmbH for newly manufactured goods follow the legal mandatory regulations; whereas the ALTADirekt GmbH in the case that you are no consumer does not provide the warranty for used goods. These restrictions do not apply, if the flaw was fraudulent withhold. At valid complaints, the ALTADirekt GmbH will deliver subsequently the shortfall quantity. Apart from that, to your choice the ALTADirekt GmbH will correct or deliver the goods newly. The warranty for deficiencies at devices is limited to subsequent improvement. Fails the supplementary performance, the buyer has the right to rescind the contract or the right for diminution.

7. Liability
At lightly negligent violation of duty the liability of the ALTADirekt GmbH is limited to the predictable typical to the contract and immediate average damage in the manner of the goods. This applies also to lightly negligent violation of duty of our vicarious agents. We are not liable for lightly negligent violation of unessential contractual obligations. The foregoing limitations of liability do not concern the customer`s claims of product liability. These restrictions do not apply to damages to life, body or health of the customer, which are attributable to us.

8. Reservation of ownership
The object of purchase stays in the ALTADirekt GmbH`s ownership until the claims based on the contract are compensated. The reservation of ownership also remains in force for all claims that the ALTADirekt GmbH acquires afterwards against the buyer and in relation with the object of purchase, e.g. due to a repair as well as other accomplishments. During the duration of the reservation of ownership, the buyer is entitled to own and to use the object of purchase according to the contract, as long as he/she meets his/her obligations of the reservation of ownership and his/her obligations of the business connection timely. The buyer is obligated to furnish the ALTADirekt GmbH during prosecution with all necessary particulars of the agreed reservation of ownership.

9. Data handling
As part of the business connection, the ALTADirekt GmbH is entitled to ascertain, to save and to handle all necessary personal data of the customer.

10. Separability clause
The nullity of single aspects of these general terms and conditions does not concern the efficacy of the remaining clauses. A new clause that comes the void clause in its economic impact as close as possible, substitutes the void clause.

11. Miscellaneous
In case that the customer is a merchant for the purpose of the commercial code or a corporate body under public law or a public separate estate, the place of fulfillment and place of jurisdiction for all contracts is the company headquarter of the ALTADirekt GmbH. Nevertheless the ALTADirekt GmbH is entitled to litigate at the contractual partner`s place of jurisdication. The law of the Federal Republic of Germany is in effect. The regulations of the UN`s sale of goods law is not applicable.

ALTADirekt GmbH

Cancellation right

Download the cancellation right as PDF file
Download cancellation form as PDF file
Exemplary cancellation form

You have the right to cancel this contract without indication of reasons within fourteen days. The cancellation period is fourteen days starting at the day at which you or a third person you determined and who is not the carrier, take or took the last goods in possession.

In order to exercise your cancellation right it is necessary to inform us about your decision to cancel this contract by use of a clear declaration (e.g. a posted letter, telefax message or email).

Please send the return or the cancellation to:

ALTADirekt GmbH
Hanns-Martin-Schleyer-Str. 8
D-86551 Aichach

E-Mail: info@altadirekt.de

Therefor you can use the enclosed exemplary cancellation, which is not mandatory to use. It is possible to fill and transmit the exemplary cancellation form or a definite declaration at our website www.altadirekt.com electronically. Make use of this possibility and we will send you a confirmation concerning the receipt of such a cancellation (e.g. via email) immediately. For the preservation of the cancellation, it lasts to send the message about the exertion of the cancellation right before the cancellation period expires.

Consequences of the cancellation

You bear the direct costs of the return of goods.

If you cancel this contract, we have to return all payments we received from you immediately and at the latest within fourteen days starting at the day when we received the cancellation message concerning the contract. The return payments include the delivery costs except for the additional costs that emerge when you choose another kind of delivery than the favorable standard delivery we offered you. We use the same medium of exchange for the repayment as you applied for the originally transaction unless something else was explicitly arranged with you; on no account we charge hires due to this repayment.

We are able to refuse the repayment until we regained the goods again or until you provide evidence for the return of the goods according to which is the earlier instant of time.

You only have to compensate in the event of deterioration of goods, when this deterioration is attributable to an not necessary handling of goods in regard to inspection of state, properties and functionality of the goods a not necessary.

ALTADirekt GmbH

Contact

Please contact us in case of questions concerning the general terms and conditions of business. Contact form

Contact

Please contact us in case of questions concerning the general terms and conditions of business. Contact form