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Conditions of Use

  1. Scope
    1. Alphacool Ltd. (in the following "ALPHACOOL") concludes contracts exclusively based on these general business conditions.
    2. The general business conditions of the client are herewith expressly excepted. Another thing applies only if and to the extent to which ALPHACOOL accepts the conditions of the client in written form.
  2. Conclusion of a contract
    1. ALPHACOOL's proposals are always effected without engagement and are not binding.
    2. The description of the products in online shop constitutes no legal-binding offer, but rather a noncommittal online catalog.
    3. By clicking on the button "Order" the client sends a binding order of the products included in the shopping cart.
    4. The confirmation of the receipt of the order follows directly after sending off the order.
    5. The sale contract materializes with the confirmation of delivery or the consignment of the products.
    6. In case the client receives no confirmation of delivery or no consignment from ALPHACOOL, then he is not bound to the order any longer.
  3. Place of execution and delivery specifications
    1. The place of execution is the registered office of ALPHACOOL in Braunschweig, as far as anything else was not stipulated in written form.
    2. Terms of delivery and of efficiency are binding only if they were stipulated in written form. The delivery takes place, as far as anything else was not stipulated in written form, at client's risk and expense, at ALPHACOOL's warehouse in Braunschweig.
    3. In case ALPHACOOL cannot stick to the stipulated terms of delivery and efficiency because of certain circumstances, including force majeure, disturbances with the self delivery, strike, lockout, etc., which the firm cannot replace, the firm can thus claim a reasonable postponement of the stipulated dates or it can withdraw partly or completely, on account of the contractual part which was not yet fulfilled.
    4. In case the products ordered by the client are not available, in particular because the ALPHACOOL suppliers do not provide the products, in spite of contractual obligation, then ALPHACOOL is entitled to withdrawal. In this case ALPHACOOL will inform the client without delay, that the product is not available. The work already performed will be repaid.
  4. Prices and terms of payment
    1. All prices of ALPHACOOL are calculated in EURO, including the statutory value-added tax and packing charges. As far as anything else was not stipulated in written form, the client has to bear full forwarding costs and cash on delivery costs. (forwarding and charges costs)
    2. Partial deliveries and disjoined invoices for partial deliveries are allowed.
    3. All receivables fall due with the bill notification and are instantly payable without deductions.
    4. In case the client gets in default of payment, then ALPHACOOL is entitled to charge default interests amounting to 5% over the appropriate valid base lending rate of the European Central Bank.
  5. Price alignment
    1. ALPHACOOL is entitled to make alterations in prices, when more than 4 (four) months lie between contract conclusion and the stipulated day of delivery. ALPHACOOL will report this to the client in written form. In case the price rise clearly exceeds the appreciation of living costs, then the client is entitled to withdraw from the contract. The work already performed will be repaid.
    2. In case the client is not contrary to the changing of the height of the payment within 4 weeks, then the changed payment passes for approved at the latest with the claiming of benefits. ALPHACOOL will point out once more expressly to the results of a missing disaccord on the changing of the payment.
  6. Charging and right of retention
    1. The right to retention entitles the client only as long as his counterclaims are legally stated or uncontested.
    2. The assertion of the right of retention over other claims than those which are based on this contract is excluded.
  7. Retention of title
    1. ALPHACOOL reserves the right of property to the products delivered to the client until the complete payment of the purchase price.
  8. Retention of title
    1. The client can revoke this contract within two weeks. The withdrawal need not include any explanatory statements and can take place within two weeks in written form or by returning the products. The due posting is sufficient for ensuring the period of time. The period of time begins at the earliest with the moment when the client receives instructions on his right of withdrawal in written form or by means of another stable data carrier. The withdrawal is to be addressed at:

      Alphacool GmbH
      Marienberger Str. 1
      38122 Braunschweig.

      With the exertion of the right of withdrawal the obligation of the client to the contract proposal is dissolved. The parties have restored the received benefits in each case. We point out that, in the case of audio and video records deliveries or software deliveries, we expect them to be returned in their original sealing.
      We point out expressly, that in case of deterioration of the products, compensation can be demanded. If the order value amounts to more than 40,00, ALPHACOOL compensates the return costs.
      We point out that ALPHACOOL accepts no carriage forward shipment.
  9. Defect claims
    1. A deficiency is present, when the products don't have the stipulated condition at passing of the risk or when they are not suited for the contractually stipulated application. A deficiency is not present in the case of minor deviations, in particular vis-à-vis shop and brochure illustrations. Technical details as well as form, color and/or weight remain subject to changes within reasonable limits.
    2. The client has to inform ALPHACOOL in written form of an apparent defect of the delivered products within two month after the delivery. By defaulting this period of time, defect claims in this regard are excluded.
    3. A guarantee of condition and/or durability is accepted by ALPHACOOL, in case this was stipulated in written form with the client.
    4. The defects are to be notified in written form as soon as they have been taken to notice and as detailed as possible. In case of defects occurrence, the client is entitled at his own choice to claim the remedy of defects or a compensation delivery (amendment). ALPHACOOL will compensate all necessary expenses for amendment purposes, in particular costs of transport, means, labor and material. By returning the products, the original package is to be enclosed as far as possible; however, this should not be used as wrapping. We point out that ALPHACOOL accepts no carriage forward shipment.
    5. The client grants ALPHACOOL a period of time for the remedial action. The contraction of irrelevant defects is excluded.
    6. In case the client has encroached alone or by dint of a third party upon the products without previous written consent on the part of ALPHACOOL, thus it will be assumed, that the defects originated from this. The client loses thus his benefit of defects exception, unless he proves that the defects are not to be ascribed to his intervention.
    7. The defect claims of the client become time-barred in 24 months, calculated from the delivery. This does not apply when it is a matter of used products. The limitation period for used products amounts to 12 months.
  10. Liability
    1. ALPHACOOL is liable for resolutions and gross negligence according to the statutory regulations.
    2. ALPHACOOL is liable ceteris paribus for what legal cause for slight negligence only,
      • provided that a liability is violated, whose compliance is of particular importance for the attainability of the contract use (cardinal obligation) and at the same time only for
      • predictive damages, whose emergence one has to anticipate typically.
    3. The liability according to the aforesaid cipher is furthermore in individual cases confined to the triple of the payment for the delivered products.
    4. The liability for consequential damages is excluded.
    5. As far as the liability of ALPHACOOL is excluded or limited, this also applies for the benefit of the staff and respectively for auxiliary persons of ALPHACOOL.
    6. The limitation of liability does not apply in case that claims from the law of product liability are asserted.
  11. Data protection
    1. The parties are aware of the legal terms for data protection, in particular the German Data Protection Act and the Tele-Service Data Protection Act.
  12. Miscellaneous
    1. Changes, additions and the suspension of the contract must be in written form. This applies also for the suspension of this clause.
    2. The German legislation applies to this contract, excluding the UN-purchase right.
    3. In case one of these clauses is totally or partially not effective and/or impracticable, the validity and execution of all the rest of the clauses are thereof not affected. The ineffectual and/or impractical clause is at any rate to be regarded as replaced by that effective and/or practicable clause, which comes next to the purposes followed by the parties. The aforesaid applies correspondingly, in case that the contract should contain loopholes.

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