General terms and conditions

General Terms and Conditions of Alpha-Omega Technology GmbH & Co. KG

Version 1.2 to 01.12.2017

Wir weisen darauf hin, dass die jeweils aktuelle Version der Allgemeinen Geschäftsbedingungen der Alpha-Omega Technology GmbH & Co. KG unter iot-shop.de im Menü verfügbar ist. Es besteht außerdem jederzeit die Möglichkeit, diese über allgemeine Browser-Funktionen auszudrucken (Menü “Datei” – Befehl “Drucken”) oder auf die eigene Festplatte zu kopieren (Menü “Datei” – Befehl “Speichern”). Jeder Kunde wird ausdrücklich zur Einsicht dieser Allgemeinen Geschäftsbedingungen eingeladen.

1. Contractual partner

The contractual partner of the purchaser is Alpha-Omega Technology GmbH & Co. KG, Flinsberger Straße 27, 37308 Schimberg (Managing Director Jan Bose, Register Court Local Court 07745 Jena, HRA 504227). Alpha-Omega Technology GmbH & Co. KG mainly distributes IT articles (hardware and software).

2. Scope of validity

The business relationship between the customer and Alpha-Omega Technology GmbH & Co. KG is exclusively subject to these General Terms and Conditions in the version valid at the time of the order. Conflicting terms and conditions of the ordering party do not become part of the contract, even if they have not been contradicted, unless Alpha-Omega Technology GmbH & Co. KG has agreed to the deviating general terms and conditions of the ordering party in writing.

Our offers, services and deliveries are made exclusively on the basis of these General Terms and Conditions and apply to business people (entrepreneurs within the meaning of § 14 BGB) and consumers (§ 13 BGB).

3. Conclusion of contract

The presentation in the online shop of Alpha Omega Technology GmbH & Co. KG does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to place orders. Accordingly, the customer's order constitutes an offer to Alpha Omega Technology GmbH & Co. KG to conclude a purchase contract. Our offers are subject to change.

Offers of the purchaser are accepted when Alpha-Omega Technology GmbH & Co. KG has confirmed them in writing or has carried out the delivery or service. Alpha-Omega Technology GmbH & Co. KG reserves the right not to accept the order.

4. Delivery

All deliveries are made ex house. Alpha-Omega Technology GmbH & Co. KG does not guarantee the cheapest mode of shipment. Irrespective of the regulation of transport costs, the risk of loss and deterioration is transferred to the purchaser upon delivery to the person or institution commissioned with the shipment, even if Alpha-Omega Technology GmbH & Co. KG carries out the shipment itself. Since Alpha-Omega Technology GmbH & Co. KG procures hardware and standard software from suppliers, the delivery obligation is subject to timely and correct self-delivery.

Alpha-Omega Technology GmbH & Co. KG is entitled to make partial deliveries and to issue partial invoices as far as this is reasonable for the purchaser considering the interests of Alpha-Omega Technology GmbH & Co.

If a product ordered by an entrepreneur is no longer available, Alpha-Omega Technology GmbH & Co. KG will deliver an equivalent product, as far as this is reasonable for the entrepreneur taking into account the interests of Alpha-Omega Technology GmbH & Co. Otherwise Alpha-Omega Technology GmbH & Co. KG will immediately inform the entrepreneur that the product is no longer available and will immediately reimburse the entrepreneur for any payments already made. Alpha-Omega Technology GmbH & Co. KG will endeavour to submit an alternative offer to the entrepreneur in case of unavailability, which the entrepreneur can accept in writing, also by e-mail, or orally within a reasonable period of time.

In the case of deliveries to non-EU countries, any customs duties and taxes of the recipient country are to be borne by the recipient.

Should Alpha-Omega Technology GmbH & Co. KG subsequently realise that Alpha-Omega Technology GmbH & Co. KG has made a mistake, e.g. in the information about a product, a price or a delivery time, Alpha-Omega Technology GmbH & Co. KG will inform the entrepreneur immediately. The entrepreneur can confirm the order under the changed conditions. If he does not accept the changed offer, Alpha-Omega Technology GmbH & Co. KG is obliged to credit payments made or to refund them by cheque or bank transfer on request.

5. Prices

All prices stated on the website of Alpha-Omega Technology GmbH & Co. KG are net prices, plus the legally owed sales tax at the time of performance, the flat rate if the minimum order value is not reached according to point 6 of these general terms and conditions, transport costs from the warehouse of Alpha-Omega Technology GmbH & Co. KG and the costs of insurance for the delivery of goods according to point 14 of these general terms and conditions. The prices stated in the web shop at Alpha-Omega Technology GmbH & Co. KG at the time of receipt of the order (current prices) apply in each case.

As each order is made up immediately, multiple orders on the same day cannot be combined into one order. Shipping costs will be charged separately for each order. If the delivery is made via DHL, DHL will charge the applicable fee for cash on delivery deliveries.

6. Surcharge for small quantities if not ordered via the Internet

If the customer does not order his goods via the internet, but by telephone, fax, letter or e-mail, Alpha-Omega Technology GmbH & Co. KG will charge a small quantity surcharge of net Euro 5.00 for the additional handling effort up to an order value of net Euro 75.00.

7. Due date and payment/delay

Payment is due 14 days after invoicing, unless otherwise agreed. New customers can pay by credit card, cash in advance or cash. Alpha-Omega Technology GmbH & Co. KG reserves the right to also supply existing customers in this way.

If the payment method prepayment is selected, Alpha-Omega Technology GmbH & Co. KG will immediately inform the customer of the bank details to which payment is to be made.

When paying by credit card, the purchase price is reserved at the time of the order ("authorisation"). The actual debit of the credit card of the customer takes place at the time the goods are shipped by Alpha-Omega Technology GmbH & Co KG to the customer.

If the customer is in default of payment, he shall be obliged to pay the statutory default interest in the amount of 8 percentage points above the respective base interest rate. A reminder fee of € 5.00 shall be charged for each reminder sent to the customer after default has occurred, unless lower or higher damages are proven in individual cases.

8. Set-off/right of retention

Offsetting with counterclaims by the purchaser is only possible with undisputed or legally established claims. A right of retention only exists insofar as the counterclaim is based on the same contractual relationship.

9. Retention of title

The goods remain the property of Alpha-Omega Technology GmbH & Co. KG until full payment of all claims resulting from the sale.

10. Subject to design changes / technical changes

We reserve the right to make changes in the design or in the technical area which improve the function and quality of an article. All technical information, data and dimensions are based on the manufacturer's specifications. This information does not constitute a guarantee declaration, but the statutory warranty provisions remain unaffected.

11. Right of return

In principle, the purchaser is not entitled to a contractual right of return. Something else only applies if Alpha-Omega Technology GmbH & Co. KG has expressly granted the purchaser a right of return in writing. A claim for the granting of a right of return does not exist in any case. Goods returned without prior agreement of a right of return will be rejected without exception. If the customer is granted a right of return by Alpha-Omega Technology GmbH & Co. KG, this only applies to goods that have already been paid for. Excluded from any right of return are individually manufactured, configured, adapted, processed, special offer, clearance sale, discontinued goods designated as such, or other goods deviating from the current series standard. The right of return expires at the latest 2 weeks after receipt of the goods and can only be effectively exercised by returning the goods in due time, decisive is the arrival of the goods at Alpha-Omega Technology GmbH & Co KG..

– for software: original packaging and unopened, including data carrier and documentation;

– in the case of hardware: of the equipment supplied, including accessories, documentation and complete original packaging in unaltered, in particular undamaged new condition.

The return shall be at the expense and risk of the purchaser. The latter shall choose the safest transport route in its own interest and ensure adequate insurance. Partial returns of deliveries require a separate agreement.

Excluded from this return exclusion are products of the own brands of Alpha Omega Technology GmbH & Co. KG and Libelium, which are not explicitly marked with a return exclusion.

Please call your customer service representative for a return authorisation number before returning the goods.

12. Claims of the purchaser in the event of defects (material defects and defects of title)

12.1. Obligation to examine and give notice of defects.

Rights of the purchaser due to material defects are subject to proper inspection and notification (§ 377 HGB).

12.2. Material defects in used goods

In the case of the purchase of used goods, the rights of the purchaser due to material defects are excluded. This does not apply to claims for damages and claims arising from an assurance given by Alpha-Omega Technology GmbH & Co. KG (guarantee, § 276 para. 1 BGB) or a guarantee of quality or durability (§ 443 BGB) or if Alpha-Omega Technology GmbH & Co. KG has fraudulently concealed the defect (§ 444 BGB)..

12.3. Supplementary performance

Alpha-Omega Technology GmbH & Co. KG is entitled to remedy the defect at its discretion by repair or delivery of a defect-free item (subsequent performance). If the supplementary performance fails, the purchaser may reduce the purchase price or, if a construction work is not the subject of the liability for defects, withdraw from the contract at his discretion. The right of the purchaser to claim damages remains unaffected. The obligation of Alpha-Omega Technology GmbH & Co. KG to bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labour and material costs, is excluded in any case, insofar as the expenses increase because the purchased item has been taken to a place other than the domicile or the commercial establishment of the recipient after delivery, unless the transfer corresponds to the intended use of the item; the right of the purchaser to demand reimbursement of the expenses in the event of recourse (§ 478 para. 2 BGB) remains unaffected by this.

12.4. Material defects in supplied hardware and software

In deviation from the above clause 3, in the case of delivery of hardware and standard software from third party manufacturers as well as in the case of third party maintenance services, Alpha-Omega Technology GmbH & Co. KG may assign its corresponding claims against its supplier, the manufacturer or other third parties to the purchaser for the purpose of rectification or replacement. The ordering party must first assert these rights against the supplier(s) of Alpha-Omega Technology GmbH & Co. KG or the manufacturer, if necessary in court, before asserting its right to subsequent performance, reimbursement of expenses after self-performance, damages instead of performance, withdrawal or reduction against Alpha-Omega Technology GmbH & Co. KG, unless this is unreasonable for the ordering party.

12.5. Interventions by the purchaser

In case of interventions by the purchaser in the goods, in particular in the program code, which are not expressly permitted by the operating instructions or other instructions for use, the purchaser is not entitled to any claims due to defects if the purchaser does not demonstrate and prove to Alpha-Omega Technology GmbH & Co. KG that the defect is not due to the intervention.

12.6 Limitation of claims due to defects, unless excluded by these conditions:

12.6.1. The statutory limitation period shall apply to claims for damages due to defects and to claims in tort.

12.6.2.  All other claims of the Purchaser based on material defects, in particular for subsequent performance, reimbursement of expenses in the event of self-performance, rescission, reduction and reimbursement of futile expenses, shall become statute-barred within one year.

12.6.3. The same applies to claims due to defects in title with the following exception: Claims due to a defect which consists in a right in rem of a third party, on the basis of which the surrender of the object of sale can be demanded, become time-barred within 5 years.

13. Liability

13.1.  Claims for damages against Alpha-Omega Technology GmbH & Co. KG, irrespective of the legal grounds, in particular due to breach of duties arising from the contractual obligation and from tort, are excluded.

13.2.  This shall not apply in the event of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health or breach of material contractual obligations. Material contractual obligations are obligations which protect the legal positions of the buyer which are material to the contract and which the contract is intended to grant him in accordance with its content and purpose; material contractual obligations are also obligations the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the buyer regularly relies on or may rely on. However, the claim for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, body or health. A change in the burden of proof to the detriment of the buyer is not associated with the above provisions.

14. Insurance of the delivery of goods

The goods will be insured by Alpha-Omega Technology GmbH & Co. KG. The costs will be charged to the customer with at least 0.30 € up to an order value of 300.00 €, thereafter with a maximum of 1.0 percent of the net value of the goods.

15. Place of jurisdiction

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

16. Applicable law

The law of the Federal Republic of Germany shall apply exclusively, but to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

17. Salvatory clausel

Should individual provisions of the contract between the purchaser and Alpha-Omega Technology GmbH & Co. KG and/or these General Terms and Conditions be invalid in whole or in part or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provision shall be replaced by the respective statutory provisions.

18. Disclaimer for the content of linked pages

Da die Alpha-Omega Technology GmbH & Co. KG keinen Einfluss auf die Gestaltung und den Inhalt der von ihr verlinkten Seiten hat, distanziert sich die Alpha-Omega Technology GmbH & Co. KG hiermit ausdrücklich von allen Inhalten aller von ihren Seiten aus gelinkten Webpages und machen sich deren Inhalt nicht zu Eigen. Eine Haftung für eventuelle Schäden durch Downloads, Ausführung von Programmen, Scripting, PlugIn’s oder andere Komponenten wird hiermit ausdrücklich ausgeschlossen. Das Aufrufen der Webseiten der Alpha-Omega Technology GmbH & Co. KG erfolgt auf eigene Gefahr. Sollten Downloads zur Verfügung gestellt werden, erfolgt die Bereitstellung ausschließlich zu den Bedingungen des Downloadanbieters. Die Alpha-Omega Technology GmbH & Co.KG übernimmt keine Verantwortung für eine technisch korrekte Implementierung und garantiert nicht deren Lauffähigkeit. Sie distanziert sich ausdrücklich von jeglichen Inhalten fremdenfeindlicher, jugendgefährdender, gewaltverherrlichender oder pornografischer Webseiten.

Alpha-Omega Technology GmbH & Co. KG, Flinsberger Straße 27, 37308 Schimberg, Deutschland

Registration 07745 Jena, HRA 504227

Phone: +49 36082 8477-0

Telefax: +49 36082 8477-98

iot-shop.de

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.