General terms and conditions of business

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider ( Alfiltra GmbH ) via the website https://www.alfiltra.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 4 Provision of services for repairs

(1) If repair services are the subject of the contract, we are responsible for the repair work resulting from the service description. We will carry out this work personally or through third parties to the best of our knowledge and belief.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You will bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 - 7 days after receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).

(5) If you exercise your right of termination in accordance with Section 648 S. 1 of the German Civil Code (BGB), we can demand a flat-rate fee of 10% of the agreed fee if the execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you do not exercise your right of cancellation until after the cancellation period has expired. You are entitled to prove that we have actually incurred no costs or significantly lower costs.

§ 5 Special agreements on payment methods offered

(1) Credit check
If we make advance payments, e.g. when paying by invoice or direct debit, your data will be passed on to creditPass , Mehlbeerenstr. 4, 82024 Taufkirchen, in order to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedures . We reserve the right to refuse you payment by invoice or direct debit based on the results of the credit check.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

§ 6 Right of retention , retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has been transferred, pledging or transferring them as security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the type of goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. Customer information

1. Identity of the seller

Alfiltra GmbH
Industriestr. 60
76646 Bruchsal
Germany
Phone: 07251936760
Email: mail@alfiltra.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/ de/downloads/kaeufersiegel/ kaeufersiegel- zertifizierungskriterien.pdf .

4.2. We have subjected ourselves to the test criteria for the award of the EHI Certified Online Shop seal of quality of the EHI Retail Institute GmbH, which can be viewed at the following link: https://ehi-siegel.de/fileadmin/redaktion/gos_contracts/gos-Kriterien_160926.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.

6.4 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Termination

9.1. Information on termination of the contract and the termination conditions can be found in the provisions on "Installation Services" in our General Terms and Conditions (Part I) and in the respective offer.

9.2. Information on termination of the contract and the termination conditions can be found in the provisions on "Repair Services" in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/ de/leistungen/ rechtssicherheit/agb-service .

last update: 29.11.2023