General terms and conditions of business
All transactions such as contracts, deliveries, offers and other services of Alan Electronics GmbH with our customers are exclusively based on these terms and conditions of business and delivery (GTC). These GTC represent the exclusive basis for all legal relationships established between Alan Electronics GmbH (hereinafter: supplier) and its customers via the online shop www.alan.de. The GTC in the version valid at the time of the conclusion of the contract shall apply. These are available free of charge at www.alan-electronics.de in a storable and printable version. Our GTC shall apply in addition to the special terms and conditions of the individual transaction; we do not recognise any terms and conditions of the customer that conflict with or deviate from our GTC unless we expressly agree to their validity in writing. Our GTC shall also apply if we carry out the delivery to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our GTC.
2 Conclusion of contract
The presentation of the goods in the online shop does not constitute a binding offer by the provider. It is an invitation to the customer to submit a binding offer to the provider. Each order placed by the customer represents a binding offer to conclude a purchase contract for the ordered goods. By clicking the "Send" button in the online shop, the customer submits such an offer to purchase the goods contained in the shopping basket. By doing so, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the supplier.The supplier can confirm receipt of the customer's order in text form (e.g. fax or email). This confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is only concluded when the supplier sends the customer an express order confirmation or sends the ordered goods to the customer.
If the customer is a natural person within the meaning of § 13 of the German Civil Code (BGB) who concludes the respective legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (in short "consumer"), the following shall apply: any costs for payment and shipping incurred in addition to the price of the goods shall be clearly communicated to the customer on the order page and can be accessed via the link Shipping costs. The current prices at the time of the order shall apply. The supplier reserves the right to change the prices stated in the online shop before conclusion of the contract. In such a case, the order confirmation of the supplier represents an amending offer for the conclusion of the contract, so that the conclusion of the contract only comes into effect with the separate acceptance of the customer.If the customer is a company, a legal entity under public law or a special fund under public law (together referred to as "company"), the following applies: the calculation is made according to our price lists generally valid on the day of dispatch - for the delivered or accepted quantities. The prices are quoted ex works, plus packaging, transport, insurance, customs duties and other possibly legally prescribed charges, in particular value added tax.
Delivery shall be made against cash on delivery, unless other agreements have been made. In the event of delivery on open account, the invoice amount shall be due for payment without any deductions no later than 30 days after the invoice date. We may revoke payment terms that have been agreed for an indefinite period of time at any time with a reasonable period of notice.Default in payment shall occur after the due date of the claim by means of a reminder, but no later than 30 days after the due date and receipt of the invoice, without the need for a reminder. Complaints by the customer or differences of opinion of any kind do not justify any right of the customer to refuse performance. Offsetting by the customer is only permissible with an undisputed and legally established claim. The assertion of liens by the customer is excluded. We are entitled at any time, even after the conclusion of the contract, to demand sufficient security to secure our claims, including those not yet due, and to make further advance payments on our part dependent on this. This applies in particular if doubts arise as to the creditworthiness of the customer, shortfalls or liquidity gaps etc. or if the original credit volume increases.
For consumers within the meaning of § 13 BGB (German Civil Code), the following applies: The goods will be delivered to the delivery address specified by the customer. The delivery of the goods is at the risk of the supplier. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the customer.The goods shall remain the property of the supplier until the purchase price has been paid in full.Should the ordered goods not be available on time or not be available at all despite the prior conclusion of a corresponding purchase contract by the supplier, the supplier shall inform the customer of this immediately. In such a case, the customer is free to wait for ordered goods or to withdraw from the contract in the event of a delay in delivery; in the event of impossibility of delivery, both parties are entitled to withdraw from the contract. In the event of a withdrawal, the customer shall be immediately reimbursed for any consideration already paid. The supplier is entitled to make partial deliveries, insofar as this is reasonable for the customer. No additional shipping costs shall be incurred in the event of partial performance at the instigation of the Supplier. Additional shipping costs shall only be charged in accordance with Clause 3, Paragraph 1 if the partial delivery is made at the express request of the customer.In accordance with the Packaging Ordinance, we take back transport packaging and outer packaging in order to recycle or dispose of it properly. Returned packaging must reach us carriage paid in any case. If the customer is a company, the following shall apply: Deliveries shall be made ex warehouse Dreieich for the account and at the risk of the customer. We are entitled to deliver at any time from another location, e.g. directly from the manufacturer's works. Partial deliveries and partial performance by us are permissible at any time, insofar as this is reasonable for the customer. The choice of the transport route and the type of transport shall be made by us without liability for the cheapest freight. The unconditional acceptance of the consignment by the railway, the carrier or the warehouse keeper shall be deemed to be proof of perfect condition and, subject to proof to the contrary, shall exclude any claims against us for damage. Unforeseen obstacles to performance entitle us to cancel the delivery obligation in whole or in part. Claims for damages by the customer are excluded unless we knew or should have known of the impediment to performance at the time of conclusion of the contract. Delivery periods stated by us are approximate and non-binding unless we expressly agree to a specific delivery period. We shall only be liable for non-compliance with expressly promised delivery periods if we are guilty of intent or gross negligence. Compensation for damages is limited to the foreseeable, typically occurring damage, in other respects in the case of delay in delivery for each completed week of delay within the framework of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value. The proof that any damage has occurred at all remains with the customer. If a certain article is not available, we reserve the right to send you an article of equivalent quality (replacement article). Should an ordered article or replacement article not be available, we are entitled to place the article on backorder or to release ourselves from the contractual obligation to deliver. We will notify you of the inclusion in the backorder.
6 Retention of title (additional regulation only for transactions with companies)
If the customer is a company, the following shall apply: We shall retain title to the object of sale until receipt of all payments arising from the business relationship with the customer. In the event of conduct by the customer in breach of the contract, in particular in the event of default in payment, we shall be entitled to take back the object of sale. The request to take back or the taking back of the object of sale shall constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realise it; the realisation proceeds shall be set off against the customer's liabilities - less reasonable realisation costs. The customer is obliged to treat the object of sale with care; in particular, he is obliged to insure it adequately at replacement value at his own expense. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us. The customer is entitled to resell the object of sale in the ordinary course of business; however, he already assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim, which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. Until revoked, the customer is entitled to collect the assigned claims as our trustee. He shall immediately transfer the collected amounts to us insofar as our claims are due. Our authority to collect the claim ourselves shall remain unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or there is no cessation of payments. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. The processing or transformation of the object of sale by the customer shall always be carried out for us. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered under reservation. If the object of sale is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other mixed objects at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us. The customer also assigns to us the claims to secure our claims against him which arise against a third party through the connection of the object of sale with a property. We undertake to release the securities to which we are entitled at the customer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is ours.
7 Complaints and warranty
With regard to the type, scope and quality of the goods, only the information provided in the order confirmation shall be authoritative. Other public statements by the supplier, the manufacturer or their assistants are irrelevant for the agreed quality of the goods.The rights of the customer in the event of defects to subsequent performance, withdrawal from the contract or reduction of the purchase price are determined in principle in accordance with the statutory regulations.We provide a warranty for those items that are unusable due to defective material or are significantly impaired in their use. Variations in the quality and appearance of the goods which are customary in the trade or which are technically unavoidable shall not entitle the customer to give notice of defects. We cannot accept any warranty for damage which is attributable to unsuitable or improper use/application or treatment/operation of the delivery item, faulty assembly/connection or commissioning by the customer or third parties, or to natural wear and tear or the effects of force. Insofar as the liability of the supplier is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of the supplier.The supplier is not liable for the functioning of data networks, servers or data services to its computer centre and the constant availability of its online shop.The warranty is 24 months, unless otherwise agreed in writing. It shall apply from the date of delivery. In the event of justified complaints (notices of defects), we shall be entitled, at our discretion, either to remedy the defect within a reasonable period of time or to provide a replacement free of charge or, in the event of non-fulfilment, to take back the goods and credit the invoiced amount. The customer shall not be entitled to any other claims, in particular claims for damages (e.g. due to culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage pursuant to § 823 BGB), which do not relate to the delivered goods themselves, either against our employees, representatives and vicarious agents or against us. The limitation shall also apply insofar as the customer demands compensation for useless expenditure instead of a claim for compensation for the damage. This shall not apply insofar as we or our representatives and vicarious agents are proven to have acted with intent or gross negligence, however, in this respect our liability shall be limited to the foreseeable, typically occurring damage. Only the customer is entitled to warranty claims against us and these are not assignable. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.We grant a 24-month warranty on all products marked with our brand names ALAN, Albrecht and MIDLAND. The exact warranty conditions, periods etc. can be found in the documents enclosed with the product. In any case, a warranty claim can only be made if the delivery note and the copy of the invoice or proof of purchase are submitted with the claim. Excluded from the guarantee are rechargeable batteries, batteries and wearing parts, as well as transmitter output stages and lighting equipment. The warranty period is reduced to 1 year for the sale of used items (B-goods). We reserve the right to pass on repairs to external service centres authorised by us. Any warranty claims remain unaffected. We will inform you about the respective partner so that you can also send the product directly to the service centre in order to save time and costs.Goods which are or were specially purchased or manufactured by us for the customer are considered special orders; we do not assume any warranty for these. The guarantee only covers the condition of the products, not consequential damage, loss or wilful damage. For companies, the following also applies: Complaints require that the customer properly fulfils his inspection and complaint obligations. Complaints can only be made immediately, at the most within one week after delivery and before use of the goods and if the possibility of immediate inspection by us is given, in writing, with a precise description of the complaint. This shall also apply in the event that the goods are not handed over to the customer directly, but to a third party named by the customer, or if the customer forwards the goods on his part. If a hidden defect is discovered, a complaint must also be made immediately and within a maximum of one week after discovery of the defect. Irrespective of any notice of defects, the goods must be accepted and stored properly. In the event of transport damage prior to acceptance and unloading of the goods, an immediate damage assessment by rail, post, forwarding agent, etc. must be arranged and a written certificate must be obtained from the damage assessment agency. Any costs incurred in this respect shall be borne by the losing party. The customer shall be responsible for safeguarding any rights of recourse against third parties.
Insofar as no contractual or legal obligation exists, goods delivered by us will only be taken back with our prior written consent. The goods must be in perfect condition and must reach us free of all transport and transport insurance costs as well as other possible ancillary costs. Goods taken back will be credited less 10% handling and storage costs. Special orders are always excluded from the possibility of return. The right of withdrawal for consumer contracts remains unaffected.
9 Legal regulation
Radio equipment may only be operated in the individual EU countries if it has valid markings in accordance with the EU directives and standards and there are no restrictions for the respective country. In the event of resale, the customer is obliged to inform the purchaser in detail and separately of any legally existing restrictions. A violation of this may be punishable by law.
Our catalogues, leaflets, price lists, operating instructions, service information, advertising/application photos, Internet presence and its contents, pictograms, logos, sketches and all advertising and information material are subject to copyright. Reproduction, even in part, is subject to approval.
11 Final vote
The law of the Federal Republic of Germany shall apply. The applicability of mandatory standards of the state in which a consumer has his habitual residence at the time of conclusion of the contract remains unaffected by this choice of law. If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision which comes closest in economic and legal terms to what the parties intended with the original provision. This shall also apply to any loopholes in the contract. For entrepreneurs, the following shall also apply: The place of performance shall be the registered office of our company. The place of jurisdiction is Offenbach am Main.