1.1 These General Terms and Conditions (hereinafter "GTC") of IDEAL-ALPHA GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally competent partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding offer to conclude a contract for the goods in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at 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 a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer chooses a payment method offered by PayPal, the payment processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer after submitting their order in text form (e.g., email, fax, or letter). No further access to the contract text by the Seller will be provided. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge through their password-protected user account by entering the relevant login data.
2.6 Before submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the online shop.
2.8 Order processing and contact are usually made via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered when using SPAM filters.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory value-added tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 The payment options will be communicated to the Customer in the Seller's online shop.
4.3 If the Customer chooses to pay by invoice via Santander, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days from the date of receipt of the invoice without deduction to Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach. Payment by invoice is only available to customers acting as consumers and who are at least 18 years old. The payment method of invoice purchase is subject to a successful credit check by Santander Consumer Bank AG. If the invoice purchase is not possible due to insufficient creditworthiness or for other reasons, the Customer will be offered an alternative payment method. The Customer is free to complete the contract using the alternatively offered payment method or to cancel the order process. If the Customer is permitted to pay by invoice after a credit check, the payment is processed in cooperation with Santander Consumer Bank AG, to which the Seller assigns their payment claim. In this case, the Customer can only pay Santander Consumer Bank AG with debt-discharging effect. If the Customer does not fulfill their payment obligation or does not fully fulfill it within the payment period, they will be in default without further reminder. In this case, the Customer is obliged to compensate for the damage caused by the default. The default damage may include, in particular, costs for reminders and costs for appropriate legal action (e.g., attorney's fees). Santander Consumer Bank AG reserves the right to charge a fee of EUR 1.20 for each reminder. The Customer is allowed to prove that no damage has occurred or that it is significantly lower. The claims existing against the Customer from the invoice purchase may be assigned to third parties at any time, especially to collection agencies for the purpose of collecting outstanding amounts.
The Seller remains responsible for general customer inquiries, such as goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits, even when the payment method of invoice purchase via Santander is chosen.
The Seller reserves the right to offer the payment method of invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.
5.1 If the Seller offers the shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions in the Seller's cancellation policy shall apply if the right of withdrawal is effectively exercised by the Customer.
5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer if the Customer has instructed the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
If the Seller makes an advance payment, the Seller retains title to the delivered goods until full payment of the purchase price owed has been made.
Unless otherwise stated in the following provisions, the statutory liability for defects applies. In deviation from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer is an entrepreneur,
7.2 The above-mentioned limitations of liability and shortened limitation periods do not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to examine and notify defects in accordance with § 377 HGB. If the Customer fails to comply with the notification requirements stipulated there, the goods shall be deemed approved.
7.5 If the Customer is a consumer, they are requested to report obvious transport damage to the deliverer and inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Offsetting them afterward is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The balance of a promotional voucher will not be paid out in cash, nor will it earn interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity, or lack of authorization to represent the respective holder.
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For 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 their habitual residence.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is entitled to call upon the court at the Customer's place of business.
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.