General Terms and Conditions
§ 1 ApplicabilityThe following general terms and conditions are solely applicable in the form of their valid version at the time of order placement for the business relationship between Alurunner GmbH (hereafter referred to as Alurnner) and the purchaser. Deviating conditions of the purchaser will not be recognized by Alurunner, unless Alurunner explicitly agreed to such conditions in writing.
§ 2 Conclusion of Contract
Your order represents your offer to conclude a purchase contract with us. If you place an order with Alurunner, we will send you an Email, which verifies the receipt of your order and lists the details thereof (order confirmation.) This order confirmation does not represent an acceptance of your offer, but instead only confirms the receipt of your order. A purchase contract is first concluded, when we ship you the product ordered and verify the shipment with a second Email (shipment confirmation.) No purchase contract will be concluded for products from the same order, that are not listed in the shipment confirmation. Our offers are un-binding. Technical changes in form, color and/or weight must stay within reasonable confines. All agreements are not valid until confirmed in writing or in the form of electronic text. This also applies to all amendments, modifications and side agreements.
§ 3 Cancellation policy
Without giving reason, you may cancel your contract within a two week time period, in written form (for ex. letter, or Email) or by the return shipment. The time deadline begins with the receipt of the wares and not upon receipt of this explanation. For the adherence to the cancellation period, the timely sending of the written cancellation or the wares is sufficient. The cancellation should be sent to:
Alurunner GmbH
Carl von Weinbergstr. 16
D-60320 Frankfurt
Germany
Email: service__AT__alurunner.de (Please replace "__AT__" with "@")
Cancellation consequences:
In the case of an effective cancellation, the services received by both parties and if necessary, the accountable usage must be surrendered. Should you be unable to return the services completely or partially or only in damaged condition, you must pay damages if applicable. This does not apply to the surrendering of damage goods, if the damage to the goods is solely in connection with its testing, as would also be possible for you to do in a retail store.
Furthermore, you can avoid your obligation for compensation, by not using the wares as if you possessed ownership and refrain from doing anything that could diminish the value. In the case of a return shipment, you are obligated to cover the costs for the return shipment, if the wares delivered corresponded to the wares ordered.
§ 4 Delivery
If no other agreement was concluded, the delivery is made from the stock of Alurunner to the delivery address supplied by the purchaser. Details concerning the delivery deadline are non-binding, if no exceptional commitment was made for a binding delivery date.
The delivery is made according to the individually declared shipment costs. All risks and dangers involved in shipment are transferred to the customer, as soon as the wares have been given to the logistics partner hired by us, and the customer is a business contractor. Deliveries to Switzerland are subject to additional fees and customs costs.
Should Alurunner be unable to deliver the ordered wares through no fault of its own, then Alurunner has the right to withdraw from the agreement with the customer. In this case, the purchaser is immediately informed of the product’s unavailability. The legal rights of the purchaser remain unaffected.
Should the delivery to the purchaser be impossible, because the purchaser is not present at the delivery address supplied by him, even though the he was informed within a reasonable time limit of the delivery time, the customer is then obligated to pay the costs of the unsuccessful delivery.
§ 5 Payment
Only the types of payment specified within the customer’s ordering process are accepted. These are prepayment, automatic debit transfer or COD.
§ 6 Off-Setting, Retention
The purchaser only has the right to off-set, if the counterclaims are legally determined or uncontested by Alurunner. In addition, he is only authorized to make use of retention rights, in as much as his counterclaim corresponds to the same contractual relationship.
§ 7 Guarantee
Notification of defects must be made by the purchaser in writing no later than one week after receipt of wares. The notification of hidden defects must also take place within one week of the establishment of the defect.
In contrast, the conditions in § 377 of the HGB (German Code of Commercial Law) apply to fully-qualified traders.
The guarantee is invalid in the case of inappropriate or improper use as well as if technical alterations are made on the wares delivered by Alurunner. The defect guarantee is not connected to normal wear and tear and does not apply to improper or careless treatment, excessive strain or similar influences that are not presumed in the contract.
Alterations to the construction or styling, which cannot effect the suitability of the purchased wares for the contractually determined or normal usage cannot be claimed.
Should there be a defect in the purchased wares, the customer has the right to demand a supplementary performance or replacement delivery within the legal guarantee period according to §439 BGB (German Civil Code.) Should the purchaser be a business contractor or a legal authority of public law, we have the right to repair or to make a new delivery, according to our discretion.
In the case of supplementary performance failure, the purchaser has the right to demand withdrawal or curtailment.
§ 8 Damage claims
The customer’s damage claims against us as well as our legal representatives or proxy, no matter the legal reason but especially due to the lack of ensured qualities, defects to the delivered wares, lack of delivery or delay in delivery due to our negligence, positive breach of contract, negligence of liabilities during the contract negotiations and due to tort claims are not permitted. This does not apply, when compelling liability applies according to product liability law, in cases of a deliberate act, gross negligence, risk of life, bodily harm or illness, the neglect of fundamental contractual obligations, and lack of ensured qualities. The damage claim due to fundamental contractual obligations etc. is limited to the typically predictable damage, as long as it is not a case of compelling liability for a deliberate act, or gross negligence, or loss of life, bodily damage or illness.
Our liability for damage claims in every form is limited in every case, to the amount of the damages, whose occurrence was recognizable and predictable at the time of contractual conclusion.
§ 9 Ownership retention
We reserve the rights of ownership of the purchased wares until the receipt of all payments in connection with the contractual relationship. In the case of breach of contract on the part of the customer, especially in the case of payment delay, we have the right to re-claim the purchased wares. The reclaiming of the purchased wares effects a withdrawal from the contract. We are authorized to the utilization of the purchased product following a reclaiming. The utilization proceeds, minus appropriate utilzations costs, are to be subtracted from the cutomer’s liabilities.
§ 10 Final provisions
The laws of the Federal Republic of Germany are applicable. The application of the UN Convention on Contracts for the International Sale of Goods is not permissible.
Place of fulfillment and the competent court of jurisdiction for both parties is Frankfurt am Main. This also applies if the customer’s court of jurisdiction in not in Germany, or the residence or habitual abode of the customer at the time of the institution of legal proceedings are unknown. However, Alurunner has the right to sue the purchaser at his place of residence.
Should individual provisions of this contract with the customer, including these general terms and conditions, be or become completely or partially ineffective, the effectiveness of the remaining provisions remains untouched. The completely or partially ineffective provisions shall be replaced by provisions, which come as close as possible to the same economical success as the ineffective provision.