Conditions of Use
General Terms and Conditions, dated May 9, 2012
The general terms and conditions constitute the formation of a contract between the company Alphacool International GmbH (hereafter “Alphacool”), CEO: Fabian Noelte, and the user (customer), as well as the processing of any closed contracts between the user and www.alphacool.de, owner: Alphacool GmbH.
In any business transaction between Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig (hereafter Alphacool) and the customer, the following terms and conditions are exclusively valid in the form set out at the time of transaction. Alphacool does not recognize differing conditions set out by a customer, unless they have been agreed to expressly and in writing.
2. Establishment of Contract
2.1 The presentation of goods in our online store is not a legally binding offer to the customer, but rather a non-binding online catalog.
2.2 The shipment of an order to the customer constitutes an offer to conclude a contract of sale for the goods in the order according to the conditions set out in the order.
2.3 After an order is placed, Alphacool will send the customer an e-mail which will confirm the order placement and specify its details (order confirmation). This order confirmation does not yet constitute acceptance of the customer’s offer, but rather simply informs the customer that the order has been placed with Alphacool.
2.4 A contract of purchase is only established when Alphacool sends the ordered items to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation), at the latest when the order is delivered to the customer. No contract of purchase is established for ordered items from one and the same order which are not specified in the shipping confirmation; the same applies to items not received in the shipment, provided that no shipping confirmation was previously sent and the contract of purchase was established with the delivery of the shipment to the customer on account of this.
3. Withdrawal of Contract for Consumers
Right of withdrawal: the following right of withdrawal stands for customers who are consumers. A customer is a consumer when an order from Alphacool cannot be attributed to his commercial or independent professional activities.
Cancellation Policy: Right of Withdrawal:
You have the right to cancel this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods. In order to exercise your right of withdrawal, you must contact us at:
Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig - Germany. Telephone: +49 531 28874 - 0 Fax: +49 531 28874 - 22 Email: firstname.lastname@example.org
with a an explicit explanation (for example, by post, fax or e-mail) regarding your decision to withdraw from this contract. You may use the sample withdrawal form provided, however this is not mandatory.
You can also fill out the sample withdrawal form or submit another explicit explanation electronically on our website www.alphacool.de. If you make use of this option, we will send you a confirmation of the submission of your withdrawal immediately (for example, by e-mail).
To comply with the withdrawal period, it is sufficient that you send us notice of the exercise of your right to withdrawal before the end of the withdrawal period.
Consequences of Withdrawal:
If you cancel this contract, it is our responsibility to repay you all payments we have received from you, including shipping costs (excepting any additional costs which may have arisen if you selected another form of shipment than the affordable standard shipping offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. This repayment will be made through the same method which you used in the original transaction, unless other arrangements have been expressly agreed upon; under no circumstances will you be charged any fees for this repayment. We may withhold repayment until the goods have been returned to us or you have informed us that you have sent the goods back, whichever occurs earlier.
Provided you have received goods in conjunction with the contract, it is your responsibility to immediately, and in any case within fourteen days from the day on which you notify us of your withdrawal from this contract, return these items to us at:
Alphacool International GmbH, Marienberger Str. 1, 38122 Braunschweig - Germany
This time limit is satisfied if you send the goods before the time limit expires in fourteen days. You are responsible for the return shipping costs, with the exception of package returns within Germany through the Online Return Service.
You are only required to pay for any depreciation of value in the goods if this loss of value is due to any handling on your part other than what is necessary to determine the condition, features, and function of the items.
End of the Cancellation Policy
3. Customer and Customer Account Registration
3.1 In order to be able to shop at Alphacool’s online shop, it is necessary for the customer to register at Alphacool and make a customer account.
3.2 Upon completion of the registration process, Alphacool will send the customer an e-mail with the submitted customer information to the e-mail address entered by the customer during the registration process.
3.3 It is the customer’s responsibility to ensure that the e-mail account used for registration is reachable, and that receipt of e-mails from Alphacool regarding order processing is not prevented by redirection, deactivation, spam filter settings, or overfilling of the e-mail account. The customer is responsible for securing his account password against misuse by third parties and shall not pass on this password to a third party.
4. Prices and Terms of Payment
4.1 All prices specified in our online shop include the statutory value-added tax. All prices include packaging at our premises in Bielefeld and any additional shipping and handling costs for shipment within the EU. For net shipments outside of the EU (eg. to Switzerland), the shipping cost does not include further costs such as tariffs and value-added tax. Please inquire at the appropriate customs office for information about the costs involved (Switzerland: www.ezv.admin.ch). Further information regarding shipping costs and payment can be found under the Shipping Costs heading on the Alphacool homepage www.alphacool.de.
4.2 Payment by the customer can be made through prepayment or payment upon delivery. International orders may only be conducted through prepayment or, on request, through PayPal.
Prepayment can be made via bank transfer or PayPal. When placing an order with prepayment, you will receive an automatically generated order confirmation e-mail containing our bank details and the order number assigned to your order. Please use this order number along with your first and last name when stating the purpose of the transfer. Please be advised that, depending on the day of the week and the speed of the bank, receipt of payment may take between 1-5 days. Your order can only be processed after payment has been successfully received.
Payment upon delivery:
Payment upon delivery is generally made in cash to the package courier. (Please ensure that you have the exact amount on hand if possible, as package couriers often do not carry change!) Please note that DHL and GLS charge an additional €2.00 fee for payment upon delivery, which is not included in the invoice you receive from us.
4.3 The customer only holds the right of offset if his counterclaims have been legally recognised or are undisputed or recognised by us. The customer only has the right to retention if his counterclaim rests on the same legal conditions.
4.5 Minimum order value: there is no minimum order value for end customers. For commercial customers, we add a minimum quantity surcharge of 5€ to orders with a net value under 50€.
4.6 For orders from Switzerland or other countries which charge an import tariff, please note that Alphacool has no influence over the price of customs charges or taxes charged by your country. In such a case, please familiarize yourself with the costs added to such an order upon being imported into your country. These fees are NOT levied by Alphacool and are also NOT included in the shipping costs. In case value-added tax is added upon import into the country (eg. Switzerland), you may remove the German value-added tax from your order before payment transfer and are then not required to pay this.
5. Shipment and Transport Damage
5.1 The shipment is completed when it is sent from our warehouse to the delivery address supplied by the customer or - where agreed upon - through pickup by the customer.
5.2 Provided that Alphacool accepts the customer’s order, shipment of the wares will follow immediately after the order is processed. Items whose product description in the online shop lists them as “in stock” are usually sent out on the next business day. If the availability is listed as “available on:” or “arriving soon”, the shipment will be sent as soon as the item is available. If a single order contains items with different availabilities, the shipment will go out only when all items in the order are available, unless other arrangements have been expressly agreed upon.
5.3 Shipment with prepayment: in orders where prepayment has been selected, the shipment will only be sent out when Alphacool has received full payment. Alphacool does not hold items on reserve for the customer for orders with prepayment. If there are delays in the shipping process for such cases, for example if the ordered items have sold out in the meantime and need to be restocked, Alphacool will inform the customer promptly.
5.4 Alphacool contracts a courier service (usually GLS for shipments within the country) to deliver the shipment to the delivery address provided by the customer. Alphacool holds responsibility for the risk of the items being destroyed or damaged during transport according to the law regarding the customer, provided that the customer does not default on acceptance.
5.5 In order for Alphacool to verify potential claims of transport damage with the courier service, externally visible transport damage must be indicated to the delivery person upon delivery of the package; Alphacool is required to report damage which is not externally visible to the courier service within 7 days of delivery, or else it will be assumed the delivery was completed without transport damage, at Alphacool’s expense. For this reason, Alphacool depends on your support in this matter.
Externally visible transport damage:
As a matter of principle, you are not required to open the package upon delivery and inspect it for transport damage. However, if any damage is reasonably apparent, for example if the package looks visibly broken, crushed, torn open or, in the case of fragile items, if there is rattling in the package when shaken, you should open the package in the presence of the delivery person and check if the contents are damaged. This obligation to inspect the package is limited to checking the wares for visible transport damage, e.g. whether the item is broken or deformed, or if an item in a case rattles when shaken. If you determine that there is transport damage during this inspection, it should be shown to and confirmed by the delivery person. The delivery person is obligated to comply. Please leave the item, as far as is possible, in the original packaging and do not use it. Please inform us immediately, by telephone or e-mail, about the damage so we can take care of it.
Transport damage not externally visible:
So that we can protect our rights with the courier service, we ask that you unpack the delivered goods within four days after delivery. If, when unpacking the goods, you determine that an item has been damaged, please leave the item, as far as is possible, in its original packaging and do not use it. Please inform us immediately, by telephone or e-mail, about the damage so we can take care of it.
Your warranty claims regarding any transport damage which may occur will not be affected by the rules outlined above.
6. Reservation of Ownership
The delivered wares remain the property of Alphacool until full payment has been received.
7.1 All pictures used for product descriptions in Alphacool’s online shop are only example photos. They may not always be the most accurate representation of the item in question, but are rather for illustrative purposes. In regard to colours especially, different settings on various monitors may produce discrepancies. The technical description of the item is definitive.
7.2 Obvious defects must be reported in text form (e.g. by letter, fax or e-mail) to Alphacool by the customer at the latest within three weeks of receiving the item. A defect is considered obvious when it is noticeable through objective appraisal by the average customer who is not especially well-informed regarding the contractual object (the ordered item) without any special effort in inspection. If the defect can only be detected through professional inspection or with greater expenditure of time and costs, it cannot be considered obvious.
7.3 It is the customer’s responsibility to secure any data which may be on an item to be returned. Alphacool is not responsible for any data loss on devices which have been returned.
7.4 If a complaint turns out to be unfounded, Alphacool will return the item to the customer. These costs, including the costs for evaluation, are to be borne by the customer. Alphacool has the right to collect a lump sum expense allowance of 30.00 EUR in such cases. The claiming of a higher sum in actual fact remains reserved. The customer is entitled to prove that the allowance claimed by Alphacool was in actual fact less.
7.5 If Alphacool is, through no fault of our own, no longer able to resolve a complaint through replacing the ordered item, such as if the item is out of stock, and an amendment is not available, or only available at disproportionate expense, Alphacool is entitled to withdrawal in regard to the customer. In such cases, the customer will be immediately informed that the ordered item is no longer available and a replacement is not available, or only available at disproportionate expense. Any payment received from the customer will also be returned immediately.
7.6 The provisions in clause 7.5 apply accordingly in cases of incorrect delivery or shortage.
7.7 The warranty period is 2 years after delivery of the wares to the customer.
7.8 The warranty does not cover damages which occur out of improper handling or use, incorrect operation or installation, normal wear and tear, negligent or incorrect use, non-compliance with the maintenance or operating instructions, or improper repair or modifications by the customer or a third party.
8.1 Under legal regulations Alphacool is liable without limit for damages sustained by the contract partner which occur due to deliberate or grossly negligent conduct by Alphacool or its agents. The same applies for damages under product liability laws.
8.2 Apart from this, Alphacool’s liability for compensation claims - regardless of legal ground - is limited by the following regulations, so long as no other warranty accepted by Alphacool states otherwise:
For damages caused by slight negligence, Alphacool’s liability is limited to typical, foreseeable damages.
Alphacool’s liability for loss of data and/or programs caused by slight negligence is limited to typical recovery efforts which would have been used by the contract partner during regular and circumstantially appropriate data backup.
For damages resulting from delays caused by slight negligence Alphacool’s liability is limited to typical, foreseeable damages, to a maximum of 5% of the total agreed price of the order in question.
The liability excludes commercial use of the products, as well as unintended use outside of the intended operating context, which unless otherwise stated is a home computer.
8.3 The provisions of the section above also apply to the limitation of the obligation to compensate for fruitless expenditures (§ 284 BGB).
8.4 The above limitations of liability also apply in support of any agents of Alphacool.
9. Data Storage
All data collected on this website is covered under the regulations of the Federal Data Protection Act (BDSG) and the Information and Telecommunication Services Act (IuTDG). No transfer of personal data to third parties without express permission from the party concerned will take place.
10. Applicable Law
German law shall apply exclusively, with exception of UN sales law, even if the customer’s headquarters or place of residence is in another country.