GENERAL TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
the ALOYAY GmbH
1. scope of application
1.1 The following General Terms and Conditions (GTC) apply to all contracts for the purchase of goods which customers - as consumers in the sense of § 13 BGB (German Civil Code) - conclude with ALOYAY GmbH (hereinafter "ALOYAY"), Friedrichstraße 171, 10117 Berlin, via our online shop.
1.2 Pre-formulated terms and conditions of customers which deviate from the present GTCs will not become part of the contract even if ALOYAY is aware of them, unless ALOYAY explicitly agrees to their validity and at least in text form (e.g. by letter or e-mail).
1.3 Offers from ALOYAY are basically subject to change without notice, unless they have been explicitly and irrevocably marked as binding. This applies in particular to illustrations, drawings, dimensions and weights as well as other performance data.
1.4 If customers act as companies or self-employed persons and the purchase of the offered products from ALOYAY has a commercial or independent background, this must be indicated in writing in advance.
2. conclusion of contract
2.1 Contracts are concluded with ALOYAY GmbH, Friedrichstraße 171, 10117 Berlin. The managing directors Janosch Apelt and Alexander Kiefer represent the company.
2.2 The products and their presentation in the online shop do not represent a legally binding offer by ALOYAY, but a non-binding invitation to the customer as end user to submit an offer. By clicking the button "Buy" the customer places a binding order of the goods contained in his shopping cart to ALOYAY. The confirmation of the receipt of the order together with the acceptance of the order by ALOYAY takes place immediately after sending the order by means of an e-mail confirmation automated by us. Afterwards the sales contract is concluded according to the conditions and contents stated in the confirmation.
2.3 The ordered goods remain our property until payment of the total amount stated in the e-mail confirmation.
3.1 All prices of ALOYAY are valid in Euro and are gross prices (including VAT) plus the separately shown shipping costs, unless otherwise agreed with the customer. The type of packaging is at the discretion of ALOYAY, unless otherwise agreed upon with the end customer.
3.2 ALOYAY reserves the right to change prices in case of the acceptance of quantities deviating from the agreed upon scope.
4. modes of payment, terms of payment and lump sum for damages
4.1 Customers have the following payment options when ordering via the ALOYAY online shop:
- Payment by PayPal,
- Amazon Pay,
- credit card,
- Prepayment by bank transfer.
4.2 The payment is only considered as effected as soon as the payment amount is credited to the account of ALOYAY. If the payment amount is not credited to the account, customers will receive an invoice which is payable 14 days after the date of the invoice plus return debit charges and other external costs as well as a handling fee of 5.00 €.
4.3 Customers are only entitled to offsetting, even if they make complaints or counterclaims, if the counterclaims have been legally established, if ALOYAY has acknowledged them or if the claims are undisputed. Customers are only entitled to exercise a right of retention if the counterclaim is based on the same contract.
4.4 Claims from the business relationship may only be assigned to the customer with the prior written consent of ALOYAY.
4.5 If ALOYAY is entitled to claim damages from the customer instead of performance, a lump sum of 25% of the contract sum is to be paid. ALOYAY reserves the right to assert further claims against proof. The customer is permitted to provide evidence that ALOYAY has not suffered any damage at all or not in the amount of the lump sum of 25% of the contract sum.
5. terms of delivery and shipping
5.1 The delivery of our products is carried out by dispatch and to the delivery address indicated by the customer.
5.2 The standard delivery time is 2-5 days within Germany and 1-4 weeks outside Germany, unless otherwise stated in the item description. The goods will be shipped within 7 days after receipt of the order at the latest.
5.3 Delays in delivery and service due to force majeure, natural disasters as well as due to work stoppage through no fault of ALOYAY, or other unforeseeable and non-culpable obstacles to performance which cannot be overcome by reasonable expenses of suppliers or their suppliers. Auxiliary personsIn case of a delay in delivery, ALOYAY is entitled to postpone the delivery date by the duration of the disturbance of performance caused by these circumstances - at the latest for 30 days. ALOYAY and the customer are entitled to withdraw from the contract if the above mentioned reasons lead to an extension of the delivery date by more than 30 days.
5.4 If a shipment is not picked up at the post office by the customer, or is returned to ALOYAY due to wrong information at the address or name not on the bell, costs of 5.00 € will be charged to us, which will be passed on to the customer. If the shipment is to be delivered again, a flat rate of 8,90 € is due, which must be paid by the customer before the shipment is sent again.
6. revocation instruction
Right of withdrawal
The customer has the right of revocation. Customers have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the sales contract on which the customer or a third person named by him, who is not the carrier, has taken possession of the last goods.
Customers who wish to exercise their right of revocation must make a clear statement - by post or e-mail - about their decision to ALOYAY. A sample of the revocation form can be found in the following link: https://aloyay.com/wp-content/uploads/2020/04/Muster-Widerrufsformular-AY-1.pdf.
In order to comply with the revocation period it is sufficient that the notification of the exercise of the right of revocation was sent before the end of the revocation period.
Consequences of revocation
If customers revoke this contract, ALOYAY has to refund all payments which have been booked by the customer - within the scope of the said contract - including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we have received the notification of your revocation of this contract. For this repayment ALOYAY uses the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.
ALOYAY can refuse the refund until we have received the goods back or until the customer has provided proof that the goods have been returned and that they are still in unopened condition.
Customers must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which ALOYAY was informed about the cancellation of this contract. The time limit is deemed to be met if the goods have been dispatched before the end of the fourteen day period.
Customers bear the direct costs of returning the goods.
Customers only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the condition, property and function of the goods.
Please note that we can only refund unopened products.
The right of revocation can only be exercised if and insofar as our products have not been opened. The customer bears the burden of proof that our products have been returned unopened.
End of the revocation instruction
7. liability/claims for defects
7.1 If the delivered goods show a defect at the time of delivery, ALOYAY is obliged, at the choice of the customer, to either remove the defect or to deliver a defect-free item to the customer (supplementary performance), unless ALOYAY is entitled to refuse supplementary performance due to legal regulations. The customer has to grant ALOYAY a reasonable period of time for supplementary performance. During the supplementary performance the reduction of the purchase price (abatement), the assertion of claims for damages due to the defect or the withdrawal from the contract by the customer is excluded. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt. If the subsequent performance has failed, the customer may reduce the purchase price or withdraw from the contract. The customer can only assert claims for damages under the following conditions if the subsequent performance has failed. The right of the customer to assert further claims for damages according to the following conditions remains unaffected.
7.2 ALOYAY only provides warranty for obvious defects if the customer notifies ALOYAY of these defects in writing (e.g. by letter or e-mail) within a period of 14 days after receipt of the goods. For the observance of the period it depends on the timely dispatch of the notification of defects.
7.3 If the customer makes changes to the products of ALOYAY, the customer's claims for defects are not valid, if one of these circumstances caused the defect.
7.4 ALOYAY is only liable for damages - regardless of the legal basis - in cases of intent and gross negligence.
7.5 Furthermore ALOYAY is liable for damages caused by simple negligent violation of such contractual obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer regularly relies and may rely. In this case, however, ALOYAY is only liable as far as the damages are typically connected with the contract and are foreseeable. Notwithstanding the following paragraph 6, ALOYAY is not liable for the simple negligent violation of other obligations than those mentioned in the preceding sentences.
7.6 The above limitations of liability in favour of ALOYAY do not apply in cases of liability according to the product liability law, in case of injury to life, body or health and also not if and insofar as ALOYAY has fraudulently concealed defects of the object of purchase. Furthermore the limitations of liability do not apply if ALOYAY has given a guarantee of quality and/or durability of the goods or parts thereof within the scope of the given guarantee. ALOYAY is, however, only liable for damages which are based on the violation of a given guarantee but which do not occur directly on the goods, if the risk of such damage is obviously covered by the given guarantee.
7.7 As far as the liability of ALOYAY is excluded or limited hereafter, this also applies to the personal liability of its representatives and vicarious agents.
8. final provision and choice of law
8.1 All legal relations between ALOYAY and the customer are exclusively subject to German law, excluding the regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980.
8.2 Place of performance for the services of ALOYAY and place of jurisdiction is Berlin.
8.3 Contract language is German.
8.4 Should individual or several provisions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The same applies in the case of a loophole in the regulations.