Terms of service

1. Scope

(1) All deliveries and services are based on these General Terms and Conditions. The version valid at the time the contract is concluded is decisive. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

(2) Customers within the scope of these General Terms and Conditions can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(4) Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. These General Terms and Conditions also apply to legal entities under public law or special funds under public law within the meaning of Section 310, Paragraph 1, Clause 1 of the German Civil Code.

(5) Orders and deliveries are generally possible within the delivery countries offered in the shopping cart. If delivery to another country is desired, we will try to help after individual consultation.

(4) Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Terms of delivery and shipping

(1) If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold only passes to the customer when the goods are handed over, even in the case of mail order sales. We bear the shipping risk for consumers.

(2) If the customer is an entrepreneur or legal company, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of mail-order sales upon delivery of the goods to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment above.

(3) We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to ourselves. This only applies in the event that we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due diligence. We will use all reasonable efforts to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

(4) If we are unable to fulfill our obligations due to circumstances of force majeure that were not foreseeable at the time the contract was concluded and were not our fault, e.g. B. strikes, unforeseeable operational disruptions or unavoidable shortages of raw materials as well as similar circumstances for which we are not responsible, we are released from our obligation to perform for the duration of this disruption. Agreed delivery times are extended by the duration of the disruption. We will inform the customer immediately of the beginning and end of circumstances of force majeure within the meaning of this provision. The right of both contracting parties to withdraw in accordance with the statutory provisions remains unaffected.

4. Tolerances

(1) We deliver in accordance with applicable DIN / Euro standards. Unless otherwise agreed, cuts according to the list published on the Internet.

 https://www.alu-verkauf.de/Längentoleranzen.

5. Terms of Payment

Payment for deliveries within Germany can be made in advance, on account, by PayPal or by credit card. Delivery on account is only possible for first-time transactions up to a total order value of €89.25 (incl. VAT). Payment for deliveries abroad is made in advance. The invoice amount is to be paid within 14 days of receipt of the goods, unless otherwise agreed.

Invoices are not sent separately but with the material by Email on the day of shippment.  

Payment in advance:
If payment is made in advance, the delivery period begins no later than three working days (bank term) after the payment order has been issued to the transferring credit institution.

Payment by invoice:
The goods will be sent to the customer as soon as possible. The invoice amount is due within 14 days without deduction.

Payment by PayPal:
When paying via PayPal, the delivery period begins no later than one working day after the payment order has been issued to PayPal.

Payment with credit card:
When paying by credit card, the debit is made at latest when the goods are shipped.

6. Prices and shipping costs

(1) The prices at the time of the order apply. All prices in the various categories are in euros and are gross prices, ie they include statutory VAT and other price components and do not include packaging and shipping costs. There is no minimum order value.

(2) The delivery and shipping costs are incurred from the location of our branch. The shipping costs can be viewed within the shopping cart and on the "Shipping costs" page.

(3) For shipments outside the EU, additional costs such as e.g. B. Taxes and/or levies/duties incurred, which the customer has to bear.

7. Refunds when exercising the right of withdrawal

If you make use of your right of cancellation (see cancellation policy under point 8.), we will use the same means of payment for refunds that you used for the original transaction. In the case of cash on delivery, the refund will be transferred to your bank account. 

9. Retention of Title

(1) The goods remain our property until full payment has been made.

(2) If the customer is an entrepreneur, the following applies:

• We reserve ownership of all delivery items until all claims arising from the business relationship with the customer have been paid in full. In the case of a current account, the entire reserved property serves to secure the balance claim.
• If the value of the securities existing for us exceeds the claims against the customer by more than 20% of the value of the reserved goods, we are obliged to release securities of our choice at the customer's request.
• The customer may only sell our property in the ordinary course of business. However, the customer hereby assigns all claims to us that accrue to him from the resale against the customer or third parties, regardless of whether the reserved goods are sold without or after processing.
• If the reserved goods are processed or inseparably connected with other items that do not belong to us, we acquire co-ownership of this item in proportion to the value of the reserved goods to the other items at the time of processing or connection.
• The customer must inform us immediately of any enforcement measures by third parties in relation to the goods subject to retention of title; this also applies to impairments of any other kind. Irrespective of this, the customer must inform third parties in advance of the rights to the goods.

10. Warranty

(1) If there is a defect in the purchased item, the warranty is based on the statutory provisions. Notwithstanding this, the following applies:

(2) For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer. For used goods one year from delivery to the customer.

(3) For new goods, the warranty period for entrepreneurs is one year from delivery of the goods to the customer. In the case of used goods, the rights and claims due to defects are fundamentally excluded. The statutory limitation periods for the right of recourse according to 478 BGB remain unaffected. In relation to entrepreneurs, we have the choice of the type of supplementary performance. The provisions of § 377 HGB remain unaffected with regard to merchants.

(4) For consumers and entrepreneurs, the above limitations of liability and limitation periods do not relate to claims for damages and reimbursement of expenses that the customer can assert under the statutory provisions due to defects in accordance with point 12.

11. Damage in transit

(1) If the customer acts as a consumer and goods are delivered with obvious damage to the packaging or the contents, we ask that you complain to the forwarder/freight service immediately and contact us by phone or in any other way (email/fax/ post) so that we can protect any rights we may have against the carrier/freight service.

(2) The omission of a complaint or contact has no effect on the legal or contractual claims of the customer.

12. Liability

(1) We are fully liable for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, in the event of fraudulent intent and promises of guarantees and if liability is based on mandatory statutory provisions such as the Product Liability Act.

(2) We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). These are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may rely. In the case of simple negligent violations of secondary obligations that are not essential to the contract, we are not liable to customers who are entrepreneurs; In this case, we are only liable to customers who are consumers for the foreseeable damage that is typical for the contract.

(3) The above paragraphs also apply insofar as the liability for our representatives, employees, employees and other vicarious agents is concerned.

13. Privacy and Security

(1) The customer agrees that the personal data transmitted by him and necessary for the transaction will be stored electronically. Within the framework of order processing, the data will only be passed on to the companies commissioned with processing, delivery and/or billing. All personal information will be handled confidentially.

(2) Further details on data protection can be found in the "Privacy Policy" note.

14. Newsletter for our existing customers

If you purchase goods or services on our website and provide your email address, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only be used to send direct advertising for similar goods or services.

The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 Paragraph 3 UWG and Article 6 Paragraph 1 Letter f of the GDPR.

If you have already objected to the use of your email address for direct advertising purposes, you will not receive this newsletter. However, you also have the option later and at any time to object to the use of your email address for the advertising purposes stated here with effect for the future by notifying us. Once your objection has been received, the use of your email address for advertising purposes will be stopped immediately.>

15. Complaints/Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/ find. Consumers have the opportunity to use this platform to settle their disputes.

(2) We always endeavor to settle any differences of opinion arising from contracts concluded with us and complaints by mutual agreement. In principle, we are also willing to participate in a dispute settlement procedure before a consumer arbitration board. The address of the competent arbitration board is:

General consumer arbitration board of the Center for Arbitration e. V. Strassburger Str. 8 77694 Kehl https://www.verbraucher-schlichter.de

16. Final Provisions

(1) The law of the Federal Republic of Germany applies. Mandatory regulations of the state in which customers who are consumers have their habitual residence remain unaffected. In transactions with consumers within the European Union, the law at the consumer's place of residence may also be applicable, provided that consumer law regulations are mandatory.

(2) The validity of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded, including in cross-border deliveries.

(3) The place of jurisdiction for all legal disputes is our place of business if the customer is an entrepreneur, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, our place of business is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction applies.