AGB

The following regulates the contractual conditions within the framework of purchase contracts concluded via this online shop between August Weilharter, Energiestraße 1, 3376 Karlsbach and the respective buyer.

1 Scope of application, definitions

1 The business relationship between the webshop seller (hereinafter "Seller") and the buyer (hereinafter "Customer") shall be governed by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity, § 13 BGB. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, Section 14 BGB.

§ 2 Conclusion of contract

Where goods are referred to below, this also includes - where offered - digital products (digital content or digital services) and goods with digital elements

1. The presentation of goods in the online store does not constitute a legally binding offer, but merely an invitation to the customer to submit an offer. The customer can select goods from the seller's range and collect them in a so-called shopping cart using the button relating to the shopping cart. By clicking the button required to conclude the purchase contract, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. The customer can return to the page on which their data was entered at any time before placing a binding order by pressing the "Back" button in the browser. Input errors can be corrected here. The order process can be canceled by closing the Internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.

2. the seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the \"Print\" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate email (order confirmation). If the customer has selected a payment method with immediate payment (e.g. PayPal / PayPal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time of confirmation of the payment instruction by the customer. If the customer has selected the prepayment payment method, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller's declaration of acceptance. We accept your offer with this request for payment.

3. The contract text and any guarantee conditions are sent to the customer on a permanent data carrier (email or paper printout) with the email (order confirmation) or in a separate email, but at the latest upon delivery of the goods. The text of the contract is stored in compliance with data protection regulations. The customer can also view the seller's current GTC at any time at https://alpha-energy.at/pages/agb. Past orders can be viewed in the customer area at https://alpha-energy.at/account.

§ 3 Production of goods according to customer specifications

We do not manufacture goods according to customer specifications.

§ 4 Start of delivery period, delivery, provision of digital content

1. the period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.

2. Delivery shall be made to the delivery address specified by the customer.

3. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice.

§ 5 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 6 Prices and shipping costs

1. the prices stated on the seller's website include the applicable statutory value added tax. If the offers of the webshop are directed exclusively to other entrepreneurs, the prices are exclusive of the applicable statutory value added tax.

2. Shipping and delivery costs incurred are shown during the ordering process and - unless otherwise stated - are to be borne by the customer. The following applies to consumers:
3a. The goods are shipped by a transport company commissioned by the seller. The shipping risk is borne by the seller if the customer is a consumer. The following applies to entrepreneurs:
3b. The goods are shipped by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer as soon as the seller has handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

§ 7 Payment modalities

1. during the ordering process, the customer is shown the payment options available. These may be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. The customer receives further information during the ordering process. The seller may determine the available payment options at its own discretion.

2. Payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

2a applies to consumers. Point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay the seller default interest in the amount of 5 percentage points above the respective base interest rate.

2b applies to entrepreneurs. In the event of default, the customer shall pay the seller default interest in the amount of 9 percentage points above the base interest rate.

3. the customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.

4. promotional vouchers are issued free of charge and only have a limited period of validity. The customer can find this on the respective voucher. The voucher can only be redeemed in the seller's online store during this period and only for the goods included in the promotion. The balance of a promotional voucher is neither paid out in cash nor does it bear interest. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. It is not possible to offset the voucher subsequently. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 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 settle the difference. The voucher is not personal and is therefore transferable, so that the seller can make payment to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not authorized and the seller knew this or was grossly negligent in not knowing this. If goods paid for with the voucher are returned in the event of a withdrawal, there is no entitlement to a refund of the voucher. The voucher will be made available to the customer as contractually agreed, e.g. by means of downloads.

§ 8 Warranty for material defects, guarantee

1. the statutory warranty rights apply to all goods of the seller. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

2. towards entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.

3. An additional guarantee only exists for the goods delivered by the seller if this was expressly stated in the order confirmation for the respective article. The scope of any guarantee can be found in the respective guarantee conditions.

§ 9 Liability

1. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

2. In the event of a breach of essential contractual obligations, the seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

3. the limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

4. the provisions of the Product Liability Act remain unaffected.

§ 10 Right of revocation

If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of revocation can be found in the revocation instructions.

§ 11 Notes on data processing

Data protection is particularly important to us. That is why you will find our detailed data protection declaration separately on our homepage.

§ 12 Code of Conduct

The seller has submitted to the code of conduct of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/verhaltenscodex/.

§ 13 Force majeure

1. "Force majeure" means the occurrence of an event that prevents a party from fulfilling one or more of its contractual obligations under the contract if and as long as the party affected by the impediment proves that it is an external event that has no operational connection, that cannot be averted even with the utmost care that can reasonably be expected, and that does not fall within the sphere of risk of only the affected party.

2. Until proven otherwise, the following (non-exhaustive) events shall be presumed to be a case of "force majeure": - war, extensive military mobilization, hostilities, attack, acts of foreign enemies, civil war, riot, insurrection, acts of terrorism, sabotage or piracy; - currency and trade restrictions, embargo, sanctions; - pandemic, epidemic, or infectious diseases, taking into account the risk level of at least "moderate" as determined by the Robert Koch Institute or the assessment of the World Health Organization (WHO). natural disaster or extreme natural event; - explosion, fire, destruction of equipment, prolonged breakdown of means of transport, telecommunications, information systems or energy; - general labor unrest such as boycott, strike and lockout, occupation of factories and buildings.

3. In cases of force majeure, the contracting party affected by this shall be released from the obligation to deliver or accept or to provide the service for the duration and to the extent of the impact, provided that this is notified immediately. If the notification is not made immediately, the exemption shall take effect from the time at which the notification reaches the other party. The exemption from the obligation to deliver or accept shall apply for as long as the asserted obstacle prevents the party concerned from fulfilling the contract. Buyers are obliged to inform the Seller immediately, but no later than after 14 days, if an order remains unanswered and/or unprocessed, but if the Buyer wishes to adhere to the order. This information must be provided in writing by e-mail or letter, in any case in such a way as to ensure that the Seller receives the information letter.

4. Unless otherwise agreed, the contract may be terminated by either party if the duration of the impediment exceeds 120 days. In the event of termination, the services rendered up to that point shall be reimbursed.

5. The affected party shall take all appropriate and reasonable measures to eliminate the force majeure situation and to mitigate the negative consequences of the force majeure that have occurred or threaten to occur for the other party.

6. If the subject matter of the contract is a service to be provided by the affected party, the latter shall be entitled to redefine the provision of the service. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.

7 If the subject matter of the contract is an event, the organizer is entitled to redefine the time and location of the event. If the participant is unable to accept the new offer, for whatever reason, he shall be entitled to an alternative date. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.

§ 14 Final provisions

1. the law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory provisions or the protection granted by the law of the respective country of residence shall remain in force and shall apply accordingly.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.

3. the contract language is German.

Copyright notice

These GTC were created by the contract lawyers of TISKO Consulting GmbH ( https://www.Gepruefter-Webshop.de ) and are subject to copyright protection. Any use other than the contractual agreement or the copying and unauthorized use of the texts is not permitted and constitutes a copyright infringement that will be prosecuted.