Table of contents

• Scope

• Conclusion of contract

• Right of withdrawal

• Prices and payment conditions

• Delivery and shipping conditions

• Retention of title

• Liability for defects (warranty)

• Liability

• Redemption of promotional vouchers

• Redemption of gift vouchers

• Applicable law

• Place of jurisdiction

• Alternative dispute resolution

 

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Alexander Ilge GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these terms and conditions 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 independent professional activity.

 

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email, fax, online contact form, post or telephone.

2.3 The seller can accept the customer's offer within five days

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares that he has accepted the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition The browser's zoom function can be used to correct input errors, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address he provides for order processing 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) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "mollie" payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the provisions set out in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the freight carrier or the other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the freight carrier or the other person or institution designated to carry out the shipment, if the customer has notified the forwarding agent, the freight carrier or the other person or institution designated to carry out the shipment. carrier or the person or institution otherwise designated to carry out the shipment has been commissioned to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for defects is one year from delivery of the goods;

for used goods, the rights and claims due to defects are excluded;

the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and shortening of time limits regulated above do not apply

to the customer's claims for damages and reimbursement of expenses,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability is assumed in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability regulations also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products can be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The goods The value must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.8 The balance of a promotional voucher will not be paid out in cash or interest will be paid.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of withdrawal.

9.10 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity or lack of authority to represent.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Multiple gift vouchers can also be redeemed in one order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

10.7 The balance of a gift voucher will not be paid out in cash or bear interest.

10.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, incapacity to act or lack of authority to represent.

11) Applicable law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring the case before the court at the customer's place of business.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)

Status: 26.03.2025, 14:12:46 p.m.