General terms and conditions
General Terms and Conditions of Alpha-Omega Technology GmbH & Co. KG
Version 1.2 as of 01.12.2017
Please note that the current version of the General Terms and Conditions of Alpha-Omega Technology GmbH & Co. KG is available in the menu at helium-shop.eu. It is also possible to print them out at any time using general browser functions ("File" menu - "Print" command) or to copy them to your own hard drive ("File" menu - "Save" command). Every customer is expressly invited to view these General Terms and Conditions.
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 sells IT products (hardware and software).
2. Area of application
For the business relationship between the customer and Alpha-Omega Technology GmbH & Co. KG are exclusively subject to these General Terms and Conditions in the version valid at the time of the order. Conflicting terms and conditions of the purchaser 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 purchaser 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 assume any guarantee for 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. KG is reasonable for the purchaser.
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.
For deliveries to non-EU countries, any customs duties and taxes of the recipient country are to be borne by the recipient
If Alpha-Omega Technology GmbH & Co. KG subsequently realises 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 gross prices, the flat rate for falling below the minimum order value according to point 6 of these general terms and conditions, transport costs ex 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 Euro 5.00 net for the additional processing effort up to an order value of Euro 75.00 net.
7. due date and payment/default
Payment is due directly at the time of ordering via Paypal (and their deposited payment methods), unless otherwise agreed.
If the customer is in default of payment, he shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the respective base interest rate. A reminder fee of € 3.00 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. Reservation of ownership
The goods remain the property of Alpha-Omega Technology GmbH & Co. KG until all claims resulting from the sale have been paid in full.
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
The customer has a general 14-day right of withdrawal for faultless articles. For this purpose, Alpha-Omega Technology must be informed digitally in writing (via contact form or e-mail), after which the goods must be returned within 14 days. The costs of the return shipment must be paid by the sender. Orders placed via Helium-Shop.eu cannot be returned free of charge. Products that have already been onboarded or commissioned are excluded from this right.
– for software: original packaging and unopened, including data carrier and documentation;
- in the case of hardware: the delivered equipment including accessories, documentation and complete original packaging in unaltered, in particular undamaged new condition
Returns under the statutory 2-year warranty are of course not affected by this. Further information on this is provided under item 12. Claims of the purchaser in the event of defects (material defects and defects of title).
Please request a return authorisation number by e-mail 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 Abs. 1 BGB) or guarantee of quality or durability (§ 443 BGB) or if Alpha-Omega Technology GmbH & Co. KG has fraudulently concealed the defect (§ 444 BGB).
12.3 Subsequent 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 terms and 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 for defects in title with the following exception: claims for a defect consisting in a right in rem of a third party, on the basis of which surrender of the object of sale can be demanded, become time-barred within 5 years.
13. Responsibility
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 those obligations which protect the legal positions of the buyer which are material to the contract and which the contract is intended to grant to the buyer in accordance with its content and purpose; material contractual obligations are also those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the buyer regularly relies or may rely. 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 are 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 per mille 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 clause
Should individual provisions of the contract between the purchaser and Alpha-Omega Technology GmbH & Co. KG and/or these General Terms and Conditions should 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 respective legal regulations shall take the place of the invalid or missing provision.
18. Exclusion of liability for the content of linked pages (disclaimer)
Since Alpha-Omega Technology GmbH & Co. KG has no influence on the design and content of the linked pages, Alpha-Omega Technology GmbH & Co. KG hereby expressly distances itself from all contents of all web pages linked from its pages and does not adopt their contents as its own. Liability for possible damages caused by downloads, execution of programs, scripting, plug-ins or other components is hereby expressly excluded. Accessing the web pages of Alpha-Omega Technology GmbH & Co. KG is at your own risk. If downloads are made available, they are provided exclusively under the terms and conditions of the download provider. Alpha-Omega Technology GmbH & Co.KG does not assume any responsibility for a technically correct implementation and does not guarantee its operability. It expressly distances itself from any content of xenophobic, youth-endangering, violence-glorifying or pornographic websites.
Alpha-Omega Technology GmbH & Co. KG, Flinsberger Straße 27, 37308 Schimberg, Deutschland
Registered 07745 Jena, HRA 504227
Phone: +49 36082 8477-0
Telefax: +49 36082 8477-98
helium-shop.eu
Alternative dispute resolution
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.