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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 latest version of the General Terms and Conditions of Alpha-Omega Technology GmbH & Co. KG is available under helium-shop.eu in the menu. It is also possible to print them at any time using general browser functions ("File" menu - "Print" command) or to copy them to your own hard drive ("File" menu - "Save" command). Each customer is expressly invited to view these General Terms and Conditions.

1. Contracting party

The contract partner of the customer is Alpha-Omega Technology GmbH & Co. KG, Aschengasse 3, 37308 Schimberg (managing director Jan Bose, register court Amtsgericht 07745 Jena, HRA 504227). The Alpha-Omega Technology GmbH & Co. KG mainly sells EDP articles (hardware and software).

2. Scope of application

For the business relation 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 shall 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 exclusively based on these general terms and conditions and are valid for businessmen (entrepreneurs in the sense of § 14 BGB) and consumers (§ 13 BGB).

3. Conclusion of contract

The presentation in the online store of Alpha Omega Technology GmbH & Co. KG does not represent a binding application for the conclusion of a purchase contract. It is rather a non-binding invitation to place orders. Accordingly, the customer's order constitutes an offer to Alpha Omega Technology GmbH & Co. KG for the conclusion of a purchase contract. Our offers are subject to change.


Offers of the purchaser are accepted if Alpha Omega Technology GmbH & Co. KG has confirmed them in writing or has executed 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 for the cheapest way of shipment. Regardless of the regulation of the transport costs, the risk of loss and deterioration is transferred to the customer with the delivery to the person or institution in charge of 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 this is reasonable for the customer.


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 considering the interests of Alpha-Omega Technology GmbH & Co. KG is reasonable for the entrepreneur. Otherwise Alpha-Omega Technology GmbH & Co. KG will immediately inform the entrepreneur that the product is no longer available and will immediately refund any payments already made to the entrepreneur. Alpha-Omega Technology GmbH & Co. KG will make every effort to submit an alternative offer to the entrepreneur in case of unavailability, which the entrepreneur can accept in writing, also by e-mail, or verbally within a reasonable period of time.


In case of deliveries to non-EU countries, possible customs duties and taxes of the recipient country have to be paid by the recipient.


Should Alpha-Omega Technology GmbH & Co. KG subsequently realizes that there is an error at Alpha-Omega Technology GmbH & Co. KG has made a mistake, e.g. in the information about a product, a price or the availability, 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 obligated to credit payments made or to refund them by check or bank transfer upon 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 the service, 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. In each case the prices stated in the webshop at Alpha-Omega Technology GmbH & Co. KG at the time of receipt of the order (daily updated prices) are valid.


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

6. Small quantity surcharge, if not ordered via the Internet

If the customer does not order the goods via internet but via phone, fax, letter or e-mail, Alpha-Omega Technology GmbH & Co. KG will charge a surcharge for the additional handling costs up to a net order value of Euro 75,00 of Euro 5,00 net.

7. Due date and payment/delay

Payment is due directly at the time of ordering via Paypal (and their deposited payment methods), unless otherwise agreed.


If the orderer is in default of payment, he is obliged to pay the legal 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 the individual case.

8. Set-off/right of retention

Offsetting with counterclaims by the customer is only possible with undisputed or legally established claims. A right of retention shall only exist if the counterclaim is based on the same contractual relationship.

9. Retention of title

The goods remain property of Alpha-Omega Technology GmbH & Co. KG.

10. Reservation of changes in design / changes in the technical area

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 warranty 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.


– in case of software: originally packed and unopened, including data carrier and documentation;

– in case of hardware: the delivered devices including accessories, documentations and complete original packaging in unchanged, especially undamaged new condition.


Returns due to 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 email before returning the goods.


12. Claims of the customer in case of defects (material defects and defects of title)

12.1. Obligation to examine the goods and give notice of defects.

The Purchaser's rights in respect of material defects shall be subject to proper inspection and notification of defects (§ 377 HGB).


12.2. Material defects in used goods.

In the event of the purchase of used goods, the rights of the Purchaser due to material defects shall be excluded. This does not apply to claims for damages and claims resulting 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 own discretion by repair or delivery of a defect-free item (supplementary performance). In case of failure of the supplementary performance the purchaser may reduce the purchase price or, if a construction work is not subject of the liability for defects, withdraw from the contract at his choice. 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, labor and material costs, is excluded in any case, as far as the expenses increase because the purchased item has been brought 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 claim compensation for the expenses in case of recourse (§ 478 para. 2 BGB) remains unaffected.


12.4. Material defects in hardware and software supplied by us

In deviation from the aforementioned point 3, in case of delivery of hardware and standard software of third party manufacturers as well as in case of involvement of third parties for maintenance services, Alpha-Omega Technology GmbH & Co. KG may assign its claims against its supplier, the manufacturer or other third parties to the purchaser for the purpose of repair or replacement. Before asserting his right for supplementary performance, reimbursement of expenses after self-remedy, compensation instead of performance, withdrawal or reduction against Alpha-Omega Technology GmbH & Co. KG these rights first have to be asserted against the supplier(s) of Alpha-Omega Technology GmbH & Co. KG or the manufacturer, if necessary in court, unless this is unreasonable for the purchaser.


12.5. Interventions of the orderer.

In case of interventions of the purchaser into the goods, especially into the program code, which are not explicitly allowed by the operating instructions or other instructions for use, the purchaser is not entitled to any claims because of defects, if the purchaser does not show and prove to Alpha-Omega Technology GmbH & Co. KG that the defect is not caused by 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 shall apply to claims based on defects of title with the following exception: claims based on a defect which consists in a right in rem of a third party on the basis of which surrender of the object of sale can be demanded shall become statute-barred within 5 years.


13. Liability

13.1.  Claims for damages against Alpha-Omega Technology GmbH & Co. KG, no matter for which legal reason, especially because of violation of obligations from the contractual obligation and from unauthorized action, are excluded.


13.2.  This does not apply if liability is mandatory, e.g. according to the product liability law, in cases of intent, gross negligence, injury to life, body or health or due to the violation of essential 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 contractual obligations the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which 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 purchaser with at least 0,30 € up to an order value of 300,00 €, afterwards 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 place of business.

16. Applicable law

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

17. Severability clause

If individual regulations 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 invalid or missing provision will be replaced by the respective legal regulations.

18. Disclaimer 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 the material of all third party internet web sites, even if the Alpha-Omega Technology GmbH & Co KG web site links to these external sites. Any liability for possible damages caused by downloads, execution of programs, scripting, plug-ins or other components is hereby expressly excluded. Calling up the web pages of Alpha-Omega Technology GmbH & Co. KG is at your own risk. If downloads are provided, 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. Alpha-Omega Technology GmbH & Co.KG distances itself explicitly from any content of xenophobic, youth-endangering, violence-glorifying or pornographic websites.


Alpha-Omega Technology GmbH & Co. KG, Aschengasse 3, 37308 Schimberg, Germany

Registered 07745 Jena, HRA 504227


Telephone: +49 36082 8477-0

Fax: +49 36082 8477-98

helium-shop.eu

Alternative  dispute resolution

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), 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.

 

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