General terms and conditions

of

Altendorf GmbH

Wettinerallee 43/45, D-32429 Minden
Telephone: +49 (0) 571 9550 222, Fax: +49 (0) 571 9550 111
E-Mail: ersatzteile@altendorf.de

in connection with purchase agreements with customers referred to in § 1 via the platform
https://altendorfgroup.shop

§ 1 Applicability, Definitions, Language

1. The following general terms and conditions of business in the version valid at the time of the order apply to the business relationship between Altendorf GmbH (hereinafter "provider" or "we") and our customers (hereinafter "customer") in relation to the products displayed in our online shop (hereinafter "online shop") which can be accessed at https://altendorfgroup.shop. Deviating terms and conditions of business of the Customer will not be recognised, unless the Provider expressly agrees to their applicability in writing.
2. Our general terms and conditions of business on the Internet sites of our online shop can be viewed at https://altendorfgroup.shop/en/Information/Business-Terms/ and downloaded and/or printed out as a PDF document. To be able to open the PDF file, the free-of-charge programme Adobe Reader (www.adobe.de) or comparable programmes are required in order to display files in PDF format.
3. The offers in our online shop are intended both for consumers and for business customers. For the purposes of these general terms and conditions of business (i) a "consumer" is any natural person who concludes a contract for a purpose which cannot be primarily attributed to their commercial or self-employed professional activities (§ 13 of the German Civil Code - BGB) ;and (ii) an "business customer" is a natural or legal person or partnership with legal capacity which is acting in the course of its commercial or self employed professional activities when concluding the contract (§ 14 Paragraph 1 of the German Civil Code - BGB). "Customers" as defined in these general terms and conditions of business are both consumers and business customers.
4. Should working days be stated as deadlines, these include all days of the week with the exception of Saturdays, Sundays and statutory national holidays.
5. Contracts between the Provider and the Customer will be concluded exclusively in German.
6. The German version of this general terms and conditions of business shall be binding only; the English version serves for translation purposes only.

§ 2 Conclusion of the contract

1. All offers in our online shop are non-binding. This means that the display and promotion of the range does not represent a legally binding offer to conclude a sales agreement, rather merely a non-binding online catalogue and an invitation for the Customer to submit binding offers. The stated prices and delivery options are subject to confirmation; cost quotes are non-binding. Attached documents such as images, drawings, weight and measurement dimensions are only of an approximate nature, unless expressly stated as being binding.
2. The Customer can select products from the range and put these in a virtual shopping basket via the "place in shopping basket" button. By clicking the "place order" button, the Customer is submitting a binding offer to purchase the goods in the shopping basket. However, the offer can only be submitted and transferred if the Customer accepts these contractual terms by ticking the "accept general terms and conditions of business" box, and by doing so these are included in the request. Prior to sending the order, the Customer can view and alter the data at any time.
3. When entering the personal data necessary for a binding offer, the Customer is responsible for providing the information in a truthful and complete manner.
4. Upon receipt of the offer, we will immediately send the Customer an automatic "confirmation of receipt" by email, which does not yet represent an acceptance of the offer. The confirmation of receipt lists the content of the order once again and can be printed out by the Customer via the "print" function. The automatic confirmation of receipt merely documents that we received the order of the Customer.
5. A binding contract does not come into existence until the submission of the declaration of consent by the Provider, which we will send in a separate email with the subject line "order confirmation". In this email or in an additional separate email, however, at the latest at the time of delivery of the goods, we will send the Costumer the contractual text (consisting of order, general terms and conditions of business, and order confirmation) on a permanent data carrier (email or paper copy) ("contract confirmation"). The contractual text will be saved in accordance with the applicable provisions under data protection laws.
6. We are not obliged to accept the order of a customer. We are also not obliged to make our services available at all times. Orders which have already been confirmed remain unaffected thereby.

§ 3 Right of revocation

1. Should the Customer be a consumer, at the time of conclusion of a remote sales transaction, they are entitled to a right of revocation in accordance with the statutory provisions, on which we provide information below according to the legal sample. The exceptions in relation to the right of revocation are stated in Paragraph (2). A sample revocation form can be found in Paragraph (3).

   Revocation notice

   Right of revocation

   You have the right to revoke this contract within fourteen days without providing any reasons. The deadline for revocation is fourteen days from the day on which you or a third party nominated by you which is not the carrier took possession of the goods or the final batch of goods.

   In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration (letter, fax, email). You can use the sample revocation form which can be accessed at https://altendorfgroup.shop/en/Information/Revocation/, however, this is not mandatory.

   In order to comply with the deadline for revocation, it suffices for you to send the notification concerning the exercising of the right of revocation prior to the expiry of the deadline for revocation.

   The revocation should be addressed to:

   Altendorf GmbH
   Wettinerallee 43/45
   D-32429 Minden

   Fax: +49 (0) 571 9550 111

   E-Mail: ersatzteile@altendorf.de

   Should you claim the right of revocation, we will immediately send you confirmation of receipt of such a revocation (for example by email).

   Consequences of revocation

   Should you revoke this contract, we must immediately refund you all payments which we have received from you, including the delivery costs (with the exception of the additional costs incurred due to you having selected a different mode of delivery than the cheapest standard delivery offered by us) and at the latest within fourteen days of the date on which the notification concerning your revocation of this contract was received by us. For this refund, we will use the same method of payment which you used during the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you any fees in connection with this refund.

   We can withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, depending on which is the earliest.

   You must return the goods to us or hand them back to us immediately, and in all cases at the latest within fourteen days of the date on which you inform us of the revocation of this contract. The deadline is complied with if you send the goods prior to the expiry of the deadline of fourteen days.

   You must pay the direct costs connected to the return of the goods.

   You are only required to provide compensation for loss of value in relation to the goods if this is due to use which goes beyond the extent necessary in order to check the quality, property and function of the goods.

   End of the revocation notice

2. The right of revocation does not apply in case of contracts for the delivery of sound or video recordings or computer software in sealed packaging, should the seal have been removed after delivery. This right of revocation does also not apply in case of contracts for the delivery goods which we have manufactured in accordance with your specifications.

3. We are informing you of the sample revocation as follows in accordance with the statutory regulation:

   Load PDF revocation form

   Should you wish to revoke the contract, please load this form, fill it in and return it to us:

   Altendorf GmbH
   Wettinerallee 43/45
   D-32429 Minden

   Fax: +49 (0) 571 9550 111
   E-Mail: ersatzteile@altendorf.de

§ 4 Delivery, availability of the goods

1. Unless expressly agreed otherwise, we determine the reasonable method of shipping and the transportation company in accordance with our equitable discretion. The transportation of larger items or in larger quantities usually takes place via UPS or another shipping company.
2. Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. The delivery times can be found in the list of delivery times which can be accessed at https://altendorfgroup.shop/en/Service/Shipping/.
3. The delivery time will be reasonably extended, should events of force majeure which affect the delivery occur, such as strikes, blockades, interventions by the authorities, lack of energy and raw materials, transport bottlenecks for which we are not responsible, operational disruptions for which we are not responsible for example due to fire, water and machine damage and all other hindrances which were objectively not culpably caused by us. We will provide you with immediate notification of the start and end of such hindrances. Should the performance hindrances in the above-mentioned cases last for more than four (4) weeks after the originally applicable delivery times, the Customer shall be entitled to rescind the contract. No further claims, in particular damages claims, shall exist.
4. Should no samples of the products selected by the Customer be available at the time of the order, the Provider shall immediately notify the Customer of such in the order confirmation. Should the product be permanently unavailable, the Provider shall not issue a declaration of acceptance. In such a case, no contract will come into existence.
5. Should the product selected by the Customer in the order be only temporarily unavailable, the Provider shall also inform the Customer of such immediately in the order confirmation.
6. The following delivery restrictions apply: The Provider only delivers to customers whose usual place of residence (billing address) is in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Polen, Romania, Slovakia, Slovenia, Spain, Sweden
7. Our obligation to deliver ceases to apply if we cannot be correctly supplied or cannot be supplied on time despite a proper congruent hedging transaction, and we are not responsible for the lack of availability if we inform the Customer of such timely and have not assumed any procurement risk. In such a case, we will immediately reimburse any advance payments.
8. We are entitled to provide partial deliveries of products included in an order, whereby we will bear any additional shipping costs incurred as a result. Should the partial deliveries take place at the request of the Customer, shipping costs will be charged for each partial delivery.
9. Should we put the dispatch of the goods on hold at the request of the Customer, the Customer will be charged the costs incurred due to the storage, however at least 0.5% of the invoice sum per month in case of storage at the factory of the Provider, beginning in the month following notification of readiness for dispatch. Following the fruitless expiry of a reasonable deadline, we are entitled to dispose of the object of delivery elsewhere and to supply the Customer with a reasonable extended deadline.
10. In case of acceptance default by the Customer, we are entitled to refuse subsequent delivery and/or to demand reimbursement of the losses incurred as a result.
11. Should the Customer be a consumer, the risk of possible destruction, damage or loss of the delivered goods shall be transferred to the Customer at the time the goods are delivered to the Customer or the Customer enters acceptance default. In all other cases, the risk shall be transferred to the Customer at the time of handover of the goods to the transportation company.
12. We will insure the goods against the usual transportation risks at our own expense.

§ 5 Prices and shipping costs

1. The prices listed in the online shop at the time of the order apply. All price statements of the Provider include the statutory value added tax, however, they do not include shipping costs, customs charges and similar duties. These must be paid by the Customer.
2. The corresponding shipping costs will be notified to the Customer in the order form and must be paid by the Customer, unless the Customer claims the right of revocation.
3. In case of revocation, the Customer must pay the direct costs of the return shipment.

§ 6 Payment terms

1. The Customer can only pay by credit card (VISA or Mastercard), Paypal or instant bank transfer.
2. The Customer can alter the payment method saved in his or her user account at any time.
3. We reserve the right not to offer certain payment methods in individual cases in the course of the ordering process or to refer to other payment methods. In all cases, a free-of-charge alternative will be offered to the Customer. Under no circumstances will we pay the costs of a cash transaction.
4. The purchase price is due for payment immediately at the time of conclusion of the contract. Should the due date of the payment be determined by the calendar, the Customer will enter default at the time of missing the due date. In such a case, should the Customer be a consumer, they must pay us default interest to the sum of five (5) percentage points above the base rate of interest. In case of legal transactions in which a consumer is not involved, the interest rate amounts to nine (9) percentage points above the base rate of interest. The obligation of the Customer to pay default interest does not exclude the claim by the Provider of further losses connected to default on the part of the Customer.
5. The Customer shall not be entitled to a right of set off or right of retention, unless the counterclaim is undisputed or has been recognised by a court.

§ 7 Reservation of ownership

The delivered goods shall remain the property of the Provider until payment has been made in full.

§ 8 Warranty for material defects

1. The Provider shall incur liability in relation to consumers for material defects in accordance with the applicable statutory regulations, in particular §§ 434 ff. of the German Civil Code (BGB).
2. In relation to entrepreneurs we assume the warranty for material defects in relation to the goods delivered by us in accordance with provisions a) to d) below, which contains the warranty rules in a conclusive manner and exclude warranty claims of any type which go beyond these.
   1. The warranty period is twelve (12) months.
   2. Regardless of the inspection and complaint obligations under §§ 377, 378 of the German Commercial Code (HGB) in case of a mutual commercial transaction, the Customer must inform us of objections due to defective, incomplete or incorrect deliveries immediately upon receipt of the goods, however, in all cases prior to installation, further processing or resale and, in case of non-obvious defects, immediately after becoming aware of these. The delivered goods shall be deemed to have been accepted by the Customer, unless a defect (i) is notified to us within five working days of delivery in case of obvious defects or (ii) is otherwise notified to us within five working days of being discovered. Following our request, the Customer is obliged to return the goods which have been objected to in the same condition as at the time of delivery.
   3. We are entitled to choose between defect correction or the delivery of a defect-free item, whereby the notification of this choice can be notified to the Customer in text form (also by fax or email) within five (5) working days of receipt of the notification concerning the defects. We can refuse any form of supplementary performance selected by the Customer, should this lead to disproportionately high costs.
   4. Should we allow a reasonable period of grace set to us to carry out improvement or a replacement delivery in connection with a defect for which we are responsible to fruitlessly expire due to fault on our part, the Customer shall be entitled to rescind the contract.
3. An additional guarantee shall only exist in relation to the goods delivered by the Provider if this was expressly stated in the order confirmation relating to the article concerned.

§ 9 Liability

1. Damage claims of the Customer are excluded. This does not apply to damage claims of the Customer due to injury to life, body or health or due to the infringement of essential contractual obligations (cardinal obligations), as well as to liability for other losses which are caused due to an intentional or grossly negligent breach of obligation by ourselves, our legal representatives or our vicarious agents. Essential contractual obligations are those whose fulfilment is necessary in order to attain the contractual purpose.
2. In case of a breach of essential contractual obligations, the Provider shall only incur liability for losses, which are typical of the contract and foreseeable and these shall be limited to the order value should the losses have been caused in simple negligence, unless the damages claims of the Customer result from injury to life, body or health.
3. The limits of liability under Paragraphs 1 and 2 also apply in favour of our legal representatives and vicarious agents, should claims be brought against them directly.
4. The limits of liability under Paragraphs 1 and 2 do not apply should the Provider fraudulently conceal a defect or should the Provider have assumed a guarantee in relation to the quality of the item. The same applies should the Provider and the Customer have concluded an agreement concerning the quality of the item. The regulations of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

§ 10 Processing of personal data

1. We are entitled to process the data concerning the Customer under the business relationship or data which is received in connection with this in compliance with (EU) Regulation 2016/679 (General Data Protection Regulation), the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz), should the Customer agree to this by declaring their consent to the data protection declaration or should this be necessary in order to carry out and perform the contract.
2. We will not pass on personal data of the Customer on to third parties unless the express consent of the Customer has been issued, except if we are legally obliged to surrender the data.
3. Without the express consent of the Customer, we will not use personal data of the Customer for advertising, market research or opinion research purposes. The processing of personal data for purposes other than those stated in Paragraph 1 is not permitted.
4. Further information concerning the type, scope, duration and purpose of the processing of personal data by the Provider, as well the relevant components under data protection laws of third party providers who we use in order to increase the quality of use of our website can be found in our data protection declaration, which is accessible via the following link: https://altendorfgroup.shop/en/Information/Privacy-Declaration/.
5. We wish to point out that data transfer over the Internet (for example in case of communication by email) may represent security risks. It is not possible to fully protect the data against third party access.
6. The use of contact data published in the legal notice for the sending of unsolicited advertising and information materials is hereby being expressly objected to. We expressly reserve the right to take legal action in case of the unsolicited sending of advertising information, for example through spam emails.

§ 11 Final provisions

1. The place of performance is our place of business in Minden.
2. The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention governing the International Sale of Goods.
3. Should the Customer be a merchant, a legal person under public law or a public law special fund, the place of jurisdiction for all disputes connected to contractual relationships between the Customer and the Provider shall be the place of business of the Provider.
4. Should provisions of these general terms and conditions of business and/or of the subsequent agreements be or become ineffective, this shall not affect the validity of the remainder of the contract. The contracting partners shall be obliged to replace the ineffective provision by a clause which comes as close as possible to the economic intent of the ineffective provision.

These general terms and conditions of business will take effect from 18/06/2018.