General terms and conditions and customer information

I. General terms and conditions

Article 1 basic provisions

(1) The following terms and conditions apply to all contracts, providing you with us as a supplier ()ALM controls) via the website www.alm-store.de. Unless otherwise agreed, the inclusion, where appropriate, you used their own conditions are contradicted.

(2) Consumers in terms of the following provisions is any natural person who concludes a legal transaction for purposes of their commercial nor their self-employed activity to be expected can. Entrepreneur is any natural or legal person or a legal person company, which is a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 conclusion of contract

(1) The contract is the sale of goods.

Our offers are non-binding and a binding offer to conclude of a contract.

Before submitting the order, you have the opportunity once again to verify all information, to change (also has the function "return" of the Internet browser) or to cancel the purchase.
By submitting the order button"buy"submit a binding offer from us.
First, you will receive an automatic email about your order, that still does not lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) is carried out within 2 days from the confirmation in text form (E.g. E-Mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you receive no message, you are no longer bound to your order. Services if necessary, already rendered will be immediately refunded in this case.

(4) The processing of the order and submission of all information required in connection with the conclusion of the contract is carried out automatically by E-Mail to the part. You have therefore to ensure that the email address you registered with us is true, the reception of E-Mails is technically and in particular is not prevented by SPAM filters.

§ 3 conclusion of the contract for download products

(1) The contract is the sale of downloadable products (digital content, are not delivered on a physical disk).
Already with the setting of the respective download product on our Web site we submit a binding offer to conclude of a contract on the terms specified in the item description you.

(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for sale are placed in your "shopping cart". Via the corresponding button in the navigation bar, you can call the "shopping cart" and there at any time, make changes. After calling the "Cashier" page and input of the personal data, as well as the terms of payment, all order data on the order summary page displays finally again.
Before submitting the order, you have the opportunity once again to verify all information, to change (also has the function "return" of the Internet browser) or to cancel the purchase.
By submitting the order button "subject to the payment order" you explain the acceptance of the offer, legally binding which the contract is concluded.

(3) The processing of the order and submission of all information required in connection with the conclusion of the contract is carried out automatically by E-Mail to the part. You have therefore to ensure that the email address you registered with us is true, the reception of E-Mails is technically and in particular is not prevented by SPAM filters.

§ 4 usage license for download products

(1) Download products are copyrighted. You get a simple license for each download product purchased from us, unless otherwise specified in the respective offer.

(2) The simple license includes permission to save a copy of the download product for your personal use on your computer or other electronic device or to print out.
Each additional copy is prohibited. It is expressly forbidden to alter a file or any part thereof or to edit and to third parties in any way privately or commercially available you.

§ 5 right of retention, Reservation of ownership

(1) You can only exercise a right of retention as far as dealing with claims from the same contractual relationship.

(2)  The goods remain our property until the complete payment of the purchase price.

(3)  Are entrepreneurs, in addition the following applies:

(a) we reserve the ownership of the goods until the full balance of all claims arising from the ongoing business relationship. A pledging or assigning as security is not permitted before transfer of ownership of the goods.

(b) you can resell the goods in the ordinary course of business. In this case you assign to us already now all claims in the amount of the invoice, you resulting from the resale, that we accept the cession. You are authorized to collect the claim further. If you don't properly meet your payment obligations, we reserve the right however to collect the claim itself.

(c) in the case of connection and mixing of the reserved goods we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

(d) we undertake to release the securities due to us on your request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is up to us.

§ 6 warranty

(1) There are the legal warranty rights.

(2) As a consumer, you be asked to check the thing supplied for completeness, apparent defects and transport damage immediately and to share complaints as soon as possible to us, as well as the forwarding agent. You fail to do this does not affect your statutory rights.

(3) If you are entrepreneurial, is by way of derogation from the above warranty provisions:

a)  Condition of the thing be deemed agreed but no other advertising, public promotions and utterances of the manufacturer, only our own data and the product description of the manufacturer.

b)  In case of defects we guarantee at our discretion by repair or replacement. The removal of defects fails, you can demand reduction or withdraw from the contract according to your choice. The defect is considered second attempt after unsuccessful failed, if something else arises not from the nature of the thing or the lack or the other circumstances. In the case of rectification, we must take not the increased costs arising from the shipment of the goods to a location other than the place of performance, unless the shipment is not the intended use of the goods.

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

-attributable for us culpably caused damage from injury to life, body or health and for intentionally or grossly negligently caused other damage;
-as far as we have fraudulently concealed the defect or assumed a guarantee for the condition of the thing
-have things, which have been used according to their usual use for a building and caused its defectiveness;
-have legal recourse, in connection with warranty rights against us.

§ 7 choice of law, place of performance, place of jurisdiction

(1)  German law shall apply. For consumers, this choice of law applies only insofar as this the protection afforded by the mandatory provisions of the law of the State of the usual stay of the consumer is not deprived (favourability).

(2)  Place of performance for all services from the existing us business relations, as well as Court of jurisdiction is our office if you are not a consumer, but merchant, legal person of under public law or special fund under. The same is true if you have no general place of jurisdiction in Germany or the EU or the domicile or habitual residence at the time of the legal action is not known. The right to call the Court to another legal jurisdiction, remains unaffected.

(3)  The provisions of the CISG expressly does not apply.


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II. customer information

1. identity of the seller

ALM Controls
Zum Herrnberg 33
65520 Bad Camberg
Germany
Phone: 06434 9186172
Email: info@alm-store.de


Alternative dispute resolution:
The European Commission prepared, callable subordinated a platform for the alternative online dispute resolution (ODR platform) https://EC.europa.EU/ODR.

2. conclusion of the contract information

The technical steps for the conclusion of the contract, the conclusion of the contract and the correction possibilities are made in accordance with the rules of "Conclusion of the contract" our general terms and conditions (part I.).

3. language of the contract, contract text storage

3.1. the contract language is German.

3.2. which treaty text is not stored by us. Before submitting the order about the online - shopping cart system  can be printed or electronically secured the contract data using the print function of your browser. Order details, the legally prescribed information for distance contracts and terms and conditions once again to you by email will be sent after receipt of the order with us.

4. essential characteristics of the goods or services

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

5. prices and payment

5.1. the prices stated in the respective offers, as well as the shipping cost total prices dar. They include all charges including all applicable taxes.

5.2. the shipping costs are not included in the purchase price. They are accessible via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are in addition to wear, as far as the free shipping is promised.

5.3. is beyond further charges may apply by us delivery to countries outside the European Union, such as customs duties, taxes or money transmission fees (transfer or exchange fees of financial institutions), to which you are. Costs incurred in the delivery of the money are to wear, where delivered in an EU Member State, the payment is made outside the European Union but also in the cases you.

5.4. the payment methods available to you are reported under an appropriately designated button on our website or in the respective offer.

5.5. unless for individual types of payment unless otherwise specified, payment claims from the contract are immediately due for payment.

6 terms of delivery

6.1. the delivery, the delivery date, as well as, where appropriate, existing supply quota systems will find themselves under a designated button on our website or in the respective offer.

6.2. If you are a consumer is regulated by law, that the risk of accidental loss and accidental deterioration of the sold thing only passes during the dispatch of the delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently hired a transport company named not by the entrepreneur or someone else for the execution of the shipment.

Are done entrepreneur, the delivery and shipment at your risk.

7 statutory defects liability law

The liability for defects depends on the regulation of "Warranty" in our general terms and conditions (part I).

These terms and conditions and customer information have been created by the lawyers of the Dealers Association specialising in IT law and are constantly checked for compliance. The dealer Federal Management AG guarantees for the legal certainty of the text and is liable in the case of cease and desist letters. For more information see: https://www.haendlerbund.de/AGB-service.