(1) These General Terms and Conditions (GTC) apply to all contracts for deliveries and services concluded by a customer with us via our online shop at www.alukraft.store or through our enquiry and configuration channels, as well as to any pre-contractual obligations relating thereto. The version valid at the time the contract is concluded shall apply and may be accessed at any time at https://www.alukraft.store/agb.
(2) For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to that person’s commercial nor self-employed professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (Section 14 BGB).
(3) In relation to entrepreneurs, these GTC shall apply exclusively. Any differing, conflicting or supplementary terms and conditions of the customer are hereby rejected; they shall become part of the contract only if and to the extent that we have expressly agreed to their application in text form. This shall also apply where we perform the delivery without reservation despite being aware of such terms and conditions.
§ 2 PRODUCT CATEGORIES
(1) Standard products are pre-manufactured catalogue or stock items that the customer orders via the relevant product page (e.g. by selecting from predefined, non-customised variants in drop-down menus).
(2) Custom-made and configurator products are goods that are not pre-manufactured and for whose production an individual selection or determination by the customer is decisive (in particular, individual dimensions, cuts, material or design combinations selected via the product configurator or enquiry process), or goods that are clearly tailored to the customer’s personal requirements.
(3) The allocation of a product to a category is determined by the respective product or order presentation. This distinction is particularly relevant to the right of withdrawal under § 7.
§ 3 CONCLUSION OF CONTRACT
(1) Our presentations of products and services — in the online shop, product configurator, enquiry form, catalogues, price lists, tender documents or other media — are non-binding and do not constitute a binding offer, but rather an invitation to the customer to submit an offer (invitatio ad offerendum). By placing an order, the customer acknowledges these GTC and the Privacy Policy.
(2) Standard products (§ 2(1)) — direct purchase via the online shop:
By clicking the order button labelled accordingly (“order with obligation to pay”), the customer submits a binding offer to purchase the standard products contained in the shopping cart. The contract is concluded upon our acceptance. Acceptance takes place by means of our order confirmation in text form, by performance of the delivery or — where an immediate payment method is selected (e.g. credit card, PayPal, Apple Pay, Google Pay or instant bank transfer) — at the latest upon execution or charging of the payment. An automated acknowledgement of receipt of the order merely documents that the order has been received and does not yet constitute acceptance.
(3) Custom-made and configurator products (§ 2(2)) and individual enquiries — no automatic conclusion of contract:
In the case of custom-made and configurator products as well as individual enquiries, a contract shall be concluded exclusively upon our express order confirmation in text form, irrespective of the order or payment method selected. If the customer submits such an order via the online shop or makes a payment in advance for it, this shall be deemed an advance payment and shall not constitute the conclusion of a contract. If we do not accept the offer, any advance payment made shall be refunded promptly and in full. As a rule, we submit to the customer, for such products, an offer expressly designated as binding, stating the price, scope of services and period during which the offer is binding; in this case, the contract is concluded upon the customer’s timely acceptance in text form.
(4) Acceptance period:
We may accept the customer’s offer for standard products within five working days and for custom-made and configurator products within ten working days. If the customer makes payments before acceptance, these shall be refunded promptly if the offer is not accepted.
(5) Availability and error reservation:
Delivery is subject to our correct and timely receipt of supplies, provided that we have entered into a corresponding covering transaction and are not responsible for the failure to receive such supplies; in this case, we shall inform the customer without undue delay and refund any consideration already paid. Obvious errors, as well as typographical, printing or calculation errors in price information or product descriptions — in particular in prices calculated automatically by the configurator — shall entitle us to avoid the contract; statutory rights of avoidance shall remain unaffected.
(6) The content and scope of the service shall be determined exclusively by our order confirmation or by the offer accepted by the customer. No oral ancillary agreements exist. The contract language is German; these GTC may be accessed at any time at https://www.alukraft.store/agb.
§ 4 PRICES, PAYMENT, DEFAULT
(1) The prices stated for products are gross prices for consumers, including statutory value-added tax (currently 19%), and therefore final prices. Any shipping costs are shown separately.
(2) In relation to entrepreneurs, prices are net prices plus statutory value-added tax. For intra-Community deliveries to entrepreneurs, delivery shall be made free of VAT, provided that the statutory requirements for a VAT-exempt intra-Community supply are met and the customer provides us with a valid VAT identification number before delivery; otherwise, statutory VAT shall be charged. The same shall apply to export deliveries outside the EU.
(3) The purchase price shall be due upon conclusion of the contract, unless otherwise agreed. If the customer is in default of payment, a consumer shall owe default interest at a rate of 5 percentage points and an entrepreneur at a rate of 9 percentage points above the base interest rate; in relation to entrepreneurs, we reserve the right to claim the lump sum pursuant to Section 288(5) BGB and any further damages.
§ 5 DELIVERY, TRANSFER OF RISK
(1) Custom-made/configurator products shall be manufactured and delivered within the production period stated in the offer or order confirmation. Standard products shall be delivered within the delivery period stated on the relevant product page. Partial deliveries are permissible insofar as they are reasonable for the customer.
(2) An obligation to comply with agreed deadlines for delivery and performance is assumed only on the condition that business operations proceed without disruption; events of force majeure and other disruptive events shall release us from the obligation to provide timely delivery or performance and shall also entitle us to discontinue delivery without a subsequent delivery period. The customer shall be informed without undue delay, and any consideration already paid by the customer shall be refunded without undue delay.
(3) In relation to consumers, the risk of accidental loss or accidental deterioration of the goods passes to the consumer upon handover. In relation to entrepreneurs, the risk passes upon delivery of the goods to the carrier, freight forwarder or other person designated to carry out the shipment (Section 447 BGB). The place of performance is our registered office.
§ 6 RETENTION OF TITLE
(1) In relation to consumers, we retain title to the delivered goods until the purchase price has been paid in full.
(2) In relation to entrepreneurs, we retain title until all claims arising from the ongoing business relationship have been settled in full. (Extended retention of title)
§ 7 RIGHT OF WITHDRAWAL FOR CONSUMERS
(1) Consumers have a statutory right of withdrawal for standard products (§ 2(1)) in accordance with the withdrawal notice below.
(2) There is NO right of withdrawal for custom-made/configurator products (§ 2(2)). Pursuant to Section 312g(2) no. 1 BGB, the right of withdrawal is excluded for goods that are not pre-manufactured and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal requirements. The consumer shall be separately informed of this before submitting the order.
(3) Entrepreneurs do not have a right of withdrawal.
WITHDRAWAL NOTICE (for standard products supplied to consumers)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
Alukraft GmbH
Kronberger Straße 8, 63110 Rodgau, Germany
Telephone: +49 69 34877946
Email: info@alukraft.store
by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. You may also declare your withdrawal using the withdrawal button ("Withdraw from contract") in the footer of our website. To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We shall use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Alukraft GmbH, Kronberger Straße 8, 63110 Rodgau, info@alukraft.store
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for
the purchase of the following goods (*):
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Customer or order number (if available):
- Date, place:
- Signature of consumer(s) (only if this form is notified on paper):
The statutory provisions on warranty shall apply. Warranty claims or any complaints may be sent to us at the following address:
Alukraft GmbH
Kronberger Straße 8, 63110 Rodgau, Germany
Telephone: +49 69 34877946
Email: info@alukraft.store
§ 9 LIABILITY
The statutory provisions on liability for damage to life, body or health shall apply.
§ 10 DATA PROTECTION
Personal data are processed in accordance with the statutory provisions and our Privacy Policy, available at https://www.alukraft.store/datenschutz.
§ 11 CONSUMER DISPUTE RESOLUTION
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act (VSBG)).
§ 12 FINAL PROVISIONS
(1) No oral ancillary agreements exist. Amendments or supplements to the contract require text form; this shall also apply to the waiver of the text-form requirement itself. Mandatory statutory formal requirements shall remain unaffected.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Offenbach am Main (Section 38 of the German Code of Civil Procedure (ZPO)). We are also entitled to bring proceedings at the customer’s general place of jurisdiction.
(4) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.
