The business relationship between ALLUDE GmbH and the customer is governed exclusively by the general terms and conditions set out below. Any other provisions will be recognised only if ALLUDE GmbH has expressly approved their applicability in writing.
2 Contract conclusion
2.1 Offer and conclusion of contract
The presentation of our product range on the Internet does not constitute a legally binding offer. It is merely an invitation to submit offers.
The customer orders the desired goods or places a repair order by submitting the data entered into the online order form. The contract becomes effective when we accept the customer's offer based on the submitted data. Delivery of the goods also constitutes a notice of acceptance vis-à-vis the customer. An order confirmation by email merely serves as a notification to the customer that the order has been received and registered. It does not constitute acceptance of the contract.
For each individual order request we check the availability of an item and confirm if applicable. If, once we have received the item to be repaired, it turns out that it either cannot be repaired or only with great difficulty, we reserve the right to reject the order.
The German language is currently exclusively available for contract conclusion and implementation.
In the case of repairs, the contract will be deemed concluded only once we have received the item and have confirmed that it can be repaired. If, once we have received the item to be repaired, it turns out that it either cannot be repaired or only with great difficulty, we reserve the right to reject the order.
ALLUDE GmbH reserves the right deliver a product that is equivalent in quality and price to the one offered. ALLUDE GmbH further reserves the right not to deliver the product on offer in the case of non-availability.
3 RIGHT OF REVOCATION FOR CONSUMERS ACCORDING TO SECTION 13 GERMAN CIVIL CODE (BGB) IF PRODUCTS ARE PURCHASED
You may revoke your contract declaration within 14 days without giving reasons in written form (e.g. letter, email) or – if the product has been delivered to you before the expiry date - by returning the product. The period starts upon receipt of this instruction in written form, but not before the product has been delivered to the recipient (in case of repeated delivery of similar products not before receipt of the first partial delivery) and not before our obligation to inform has been met according to article 246 section 2 in conjunction with section 1 subsections 1 and 2 EGBGB (introductory act to the German civil code) and our obligations according to section 312 g para. 1 clause 1 BGB (German civil code) in conjunction with article 246 section 3 EGBGB. To observe the revocation period it is sufficient to send the notice of revocation or return the product on time. The notice of revocation is to be addressed to:
Daglfinger Straße 67
Phone: +49 0 89 / 21 11 72 - 0
Fax: +49 0 89 / 21 11 72 - 72
Email: [email protected]
In the case of an effective revocation the benefits received by both parties must be returned and any profit drawn (e.g. interest) surrendered. If you are unable to return or surrender the benefits received and profits drawn (e.g. benefits of use) or only partially or only in a deteriorated condition, you will have to pay compensation for lost value. You have to pay compensation for lost value for the deterioration of the product and for profits drawn only if the profits or the deterioration are due to a handling of the products other than is necessary to ascertain their properties and functionality. "To ascertaining properties and functionality" means testing and trying out the products as it is possible and customary in the retail shop. Products consignable by parcel shipment may be returned at our risk. You must bear the regular costs of the return delivery if the delivered product corresponds with the product ordered and if the price of the returned product does not exceed €40.00 or if in the case of a higher price you have not yet taken compensatory measures or made a contractually agreed payment at the time of the revocation. In all other cases the return delivery is free of charge. Products that are not consignable by parcel shipment will be collected from you. Obligations to reimburse payments must be met within 30 days. The period starts for you with the dispatch of your notification of revocation or of the product, and for us upon receiving these.
The right of revocation does not apply in the case of contracts for the delivery of goods that are produced based on customer specifications or that are clearly tailored to personal needs or whose properties make them unsuitable for a return delivery.
If we render services then your right of revocation expires prematurely if the contract has been fully performed by both parties at your express request before you have exercised your right of revocation.
End of instruction concerning right of revocation
The delivery is made by UPS. Deliveries will take up to 5 days.
5 Payment terms
Payment is made by advance payment.
In the case of advance payment we will notify you of our bank details in the order confirmation and we deliver the goods following receipt of the payment.
6 Warranty and liability
In the case of a defect of a purchased item that ALLUDE GmbH is responsible for the customer can choose between requesting elimination of that defect or replacement delivery. If the elimination of defects or replacement delivery is unsuccessful, for example because ALLUDE GmbH refuses because the effort would be disproportionate or it would be delayed by more than would be appropriate or it would be unacceptable for the customer for other reasons, then the customer has the right to withdraw from the contract or demand a reduction of the purchase price.
The customer is entitled to other claims only in the case of damages arising from loss of life, bodily injury or damage to health that are due to a negligent breach of duty on the part of ALLUDE GmbH or a deliberate or negligent breach of duty on the part of a legal representative or vicarious agent of ALLUDE GmbH . Furthermore, the customer is entitled to other claims in the event of other damages that are due to a deliberate or grossly negligent breach of duty on the part of ALLUDE GmbH or a legal representative or vicarious agent of ALLUDE GmbH .
7 Set off right and right of retention
The customer is entitled to a set off right only if it has been legally established or recognised by ALLUDE GmbH. The customer has a right of retention only to the extent that the counterclaim rests on the same contractual relationship.
8 Data protection
The customer has been instructed about the manner, scope, location and purpose of the collection, processing and use of the personal data needed to execute orders. The customer expressly agrees to this collection, processing and use of the data.
When this website uses Google Analytics, a web analysis service by Google Inc. ("Google"), your browser may store cookies sent by Google Inc. or third parties to allow the use of this website to be analysed. The information gathered this way (including your IP address) is transmitted to a server of Google in the US and stored there. Google uses this information to analyse how you use this website, to generate reports about the website activities for the website operator and to provide further services associated with the use of the website and of the Internet. Google may pass on this information to third parties if this is legally required or if third parties process these data on behalf of Google. Under no circumstances will Google associate your IP address with other data stored by Google. You can prevent cookies from being installed. To do this, you go to your browser settings and select "do not accept cookies" (in Internet Explorer under "Extras / Internet Options / Data Privacy / Settings", in Firefox under "Extras / Settings / Data Privacy / Cookies"). Please note that in this case you may not be able to use all functions of this website. By using this website you agree to the processing of the data collected about you by Google in the manner and for the purpose outlined above.
9 Final provisions
German law applies, to the exclusion of the UN purchasing law.
If a provision is or becomes ineffective, the remaining provisions will remain valid.
The place of jurisdiction for all claims in connection with the business relationship is, insofar as the customer is not a consumer, Munich.
Contractual partner/operator of the ALLUDE Shop:
Daglfinger Straße 67
Tel.: +49 (89) 21 11 72 - 0
Fax: +49 (89) 21 11 72 - 72
Email: [email protected]
Instruction concerning right of revocation