Terms and Conditions
Terms & Conditions for the Online Shop of alkr® / Juergen Alker
An English version of the Terms & Conditions is provided in file form for you to open and print out a copy. These apply for any and all orders placed via the alkr® Online Shop.
1. Transaction contract
By placing an order in the alkr® Online Shop you are offering to enter into a binding purchase contract. alkr® may accept this offer within fourteen days by sending out an order confirmation.
Goods delivered may be returned within fourteen days without stating any reasons. The purchase contract becomes binding upon your acceptance after receipt of goods, by no later than expiration of this fourteen-day return period.
2. Cancellation advisory
Cancellation rights
You may cancel the transaction contract within two weeks by providing written notice (e.g. letter, fax, e-mail), without stating any reasons, or by returning the goods if delivered prior to expiration of this period. This period begins upon the later of receipt of this advisory in text form or receipt of the goods by the recipient, subject to fulfilment of our disclosure obligations per § 312 c para. 2 BGB (Civil Code) in conjunction with § 1 paragraphs 1, 2 and 4 BGB InfoV (Civil Code Disclosure Ordinance) and § 312 e para. 1 sentence 1 BGB in conjunction with § 3 BGB InfoV, and not before the purchase contract has become binding upon you through your acceptance of the purchased goods. Sending notice of cancellation or sending the goods off for return on time suffices to constitute adherence with the return period. Cancellation notices and/or returns of goods are to be directed to:
alkr® / J. Alker
Bleickenallee 4
22763 Hamburg
Germany
Consequences of cancellation
In the event of an effective cancellation, the goods and economic consideration respectively received shall be returned, including any usage benefits enjoyed (e.g. usufruct). If you are unable to return the goods received or can only return them in a deteriorated condition, wholly or in part, you are required to compensate us accordingly. This does not apply to delivered goods if a deterioration of the goods is due solely to their inspection – as would have been possible in a retail shop, for example. You can avoid being required to pay compensation for deterioration occurring in the course of proper usage of the goods by not using the goods as if they were your property, and by refraining from doing anything that could impair their value.
You shall be responsible for return shipment costs if the goods delivered correspond with order specifications and the value of goods being returned does not exceed €40, and likewise if the price does exceed this amount if you have not paid for the goods or made a contractual instalment payment prior to transaction cancellation. In any other case you do not incur shipment costs. Goods that do not ship as a parcel will be picked up at your address. Payment reversal obligations must be fulfilled within 30 days. This period begins upon your sending notice of cancellation or sending off the goods for return, and for us upon the receipt thereof.
This concludes the cancellation advisory
3. Pricing and shipping costs
The applicable prices are those posted on the website at the time of order placement. These quoted prices include sales tax and any other pricing components. Quoted prices do not include shipping costs, which you must pay additionally. Shipping costs are charged as follows:
Shipping costs within Europe (except Switzerland and Norway): 5,90 Euro
Shipping to Switerland and Norway: 15,- Euro
Shipping to USA: 8,90 Euro
4. Return shipping costs upon exercising cancellation rights
In the event of exercising your right of cancellation you must bear the return shipment costs for goods valued €40.00 or less, and likewise if the price does exceed this amount if you have not paid for the goods or made a contractual instalment payment prior to transaction cancellation, as long as goods delivered correspond with order specifications.
5. Payment terms
alkr® will send you an invoice for goods ordered. alkr® accepts advance payment, cash on delivery and per invoice. alkr® reserves the right to demand advance payment as necessary to avoid credit risk. Advance payments remitted and credit card charge authorisations are reflected accordingly on invoices presented. Invoiced amounts are due without exception within 14 days of receipt for orders placed on a ‘per invoice’ basis. Prices shown on invoices are without exception retail prices including sales tax.
6. Warranty and liability
For any defects observed within the statutory warranty period, alkr® may at its discretion either repair the defect or replace the goods with non-defective goods (supplementary performance per § 439 BGB). If the mode of supplementary performance opted for by alkr® proves ineffective, you may demand remedy per applicable law – as well as price reductions, contract withdrawal and/or damages as applicable by law – in lieu of fulfilment, plus reimbursement of additional cost incurred by you. The warranty period for business customers is one year.
alkr® is liable
- in full for any damages caused by gross violations on the part of its officers and managers
- as merited for any culpable violation of material contract obligations
- as merited for gross violation of other obligations on the part of rank-and-file employees or contractors, unless alkr® can establish otherwise on the basis of commercial practise
- for damages in the amount of typically expectable damages in the latter two cases.
Liability on the basis of wilful intent, guarantee, malicious intent, personal injury or the Product Liability Act remain thereby unaffected.
7. Retention of title
Goods delivered remain the property of alkr® until payment has been rendered in full.
8. Data protection
alkr® utilises data provided by you in compliance with applicable laws and strictly for the purposes of order processing, invoicing and payments. alkr® upholds strict confidentiality with regard to all customer data. Forwarding to third parties is only performed to the extent necessary for transaction processing. Order data is encrypted and transmitted in secure fashion. Customer data is used to fulfil contractual transaction obligations, including necessary forwarding to third parties, specifically shipping partners and payment processing banks.
alkr® places 'cookies’ on your computer, a form of electronic business card, allowing recognition upon your next site visit. This enhances convenience, as you are immediately recognised as long as you are using the same computer and browser. Cookies also allow alkr® to gather information on usage of the Online Shop so as to adapt services to meet customer preferences. Cookies utilised by alkr® do not contain any personal data, thus upholding your privacy. It is your option to configure your browser to not accept cookies, in which case these will not be stored.
alkr® will gladly inform you at any time of any specific personal data of yours being stored. alkr® will immediately update or delete any incorrect or outdated information. alkr® will also delete your data at any time upon request, unless prohibited from doing so by law, statute or contract pursuant to retention requirements. You may revoke at any time consent previously granted authorising future utilisation of any of your data.
9. Contract language
The contract language is English.
10. Unavailability of goods
In the event certain goods are unavailable for delivery, alkr® agrees to notify you accordingly prior to accepting your order. alkr® reserves the right and such case to deliver substitute goods that are equivalent in terms of quality and price. Should preferred not to accept or keep such goods, you may return these at no cost to alkr® within the statutory warranty period; this provision supersedes item numbers 1, 2 and 4 above.
11. Product selection, ordering
In the alkr® Online Shop you can select and order goods. A separate product description is provided on the relevant web pages for each specific item. You also receive a printout of this product description upon delivery of the items ordered. Clicking on the desired products on the website places them in a virtual shopping cart. Before checkout you are presented a list of items in your shopping cart with the total purchase amount including sales tax. alkr® provides you an opportunity prior to placing an order to review shopping cart content, prices and amounts for correction as necessary by clicking the Back button of your internet browser. All order-related information is deleted if you close the browser before completing the order.
12. Storage of transaction records
alkr® does not store transaction records in such fashion to allow them to be reopened for viewing later after ordering is completing. You have the opportunity however to print out order data/transaction records immediately after order placement.
13. Commercial disclosures
The official company name and official business address are as follows:
alkr®
Juergen Alker
Bleickenallee 4
22763 Hamburg
Germany
