Terms and conditions

General terms and conditions with customer information

Table of contents

1. Scope
2. Contract
3. Withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Ownership
7. Defect liability
8. Applicable Law
9. Venue
10. Alternative dispute resolution

Terms and Conditions

1. Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of ALTEC Aluminium-Technik GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller on the Internet trading platform https://geruestshop24.de (hereinafter referred to as "geruesteshop24.de"). This is contrary to the inclusion of the Client's own terms and conditions, unless otherwise agreed.
2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
3. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2. Contract
1. The seller's product descriptions presented in geruestshop24.de do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2. The customer can submit his offer via the online order form provided by geruestshop24.de. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking on the button concluding the ordering process.
3. The Seller may 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or if several of the aforementioned alternatives exist, the contract shall be concluded at the time when 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 with the end 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 to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
4. The text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order, together with the present GTC and customer information. The seller himself does not make the text of the contract accessible beyond this.
5. Before placing a binding order, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. The customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
6. The German language is available for the conclusion of the contract.
7. Contact is made by e-mail as part of the order process. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.
3. Withdrawal
1. Consumers are generally entitled to a right of withdrawal.
2. Further information on the right of withdrawal can be found in the seller's cancellation policy.
3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4. Prices and payment terms
1. The prices quoted by the Seller are total prices and include VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
2. For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for determining money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. tolls). Such costs may also apply in relation to the transmission of funds 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.
3. The payment method(s) will be communicated to the customer in the seller's product description.
4. For the processing of payments, the seller can use other payment service providers, which are communicated to the customer in the payment information at geruestshop24.de. Here the customer also receives further information about the respective payment service provider and the specific payment conditions.
5. Delivery and shipping conditions
1. Goods will be delivered by way of shipment to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at geruestshop24.de is decisive.
2. In the case of goods delivered by freight forwarder, delivery is made “curb-free“, i.e. up to the public curb closest to the delivery address, unless otherwise stated in the seller's product description at geruestshop24.de and unless otherwise agreed.
3. If the 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 for the outward shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the regulation made in the seller's cancellation policy applies.
4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the seller and the seller has concluded a specific hedging transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6. Ownership
   If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Defect liability
   Unless otherwise provided for in the following provisions, the provisions of statutory liability shall apply. By way of derogation, the following applies to contracts for the supply of goods:
1. If the customer acts as an entrepreneur,
   - the seller has the choice of the type of subsequent performance;
   - in the case of new goods, the limitation period for defects is one year from the delivery of the goods;
   - in the case of used goods, the rights and claims are excluded due to defects;
   - the limitation period does not begin again if a replacement delivery is made within the framework of the defect liability.
2. The limitations of liability and shortening of deadlines regulated above do not apply
   - for claims for damages and reimbursement of expenses by the customer,
   - in the event that the seller has fraudulently concealed the defect,
   - for goods which have been used for a building in accordance with their normal use and which have caused its defect,
   - for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
3. In addition, the statutory limitation periods for any existing statutory recourse claim remain unaffected for entrepreneurs.
4. If the customer acts as a merchant i.S.d. §§ 1 HGB, he is subject to the commercial duty of inspection and inspection §§ 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.
5. If the customer acts as a consumer, he is asked to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual defect claims.
8. Applicable Law
1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
9. Venue
If the customer acts as a merchant, legal entity under public law or special assets 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 shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller 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 professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to appeal to the court of the customer's registered office.

10. Alternative dispute resolution
1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
2. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.