1. General – Scope

The following General Terms and Conditions (GTC) apply to all business relationships between you as a private customer and almando GmbH. The version of these General Terms and Conditions valid at the time of contract conclusion shall apply. As private customers, we refer to consumers according to § 13 BGB (German Civil Code).

2. How We Conclude Contracts with You

A key part of our business philosophy is trading via the Internet. To ensure that your order goes smoothly, we would like to proceed as described below: Our presentation of goods on the Internet or in print media does not constitute an offer, but a non-binding invitation to you to order these products from us. Your order of the desired products via our website, by email, fax, in writing, or by telephone is a legally binding offer to conclude a purchase contract. We will confirm the receipt of your order without delay. The order confirmation, as well as the acceptance of a telephone order, does not yet represent a legally binding acceptance on our part. By dispatching the goods to you, we accept your offer. Please note that the contract text regarding your order is not saved by us and cannot be retrieved after the conclusion of the contract.

3. Right of Withdrawal – Withdrawal Instructions

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g., letter, fax, email) or – if the goods are left to you before the deadline – by returning the goods. Under this link, you will find further information about the right of withdrawal.

4. What Should Be Considered for Delivery?

For all products displayed on our website, we provide specific information about availability or delivery date. Nevertheless, for items we do not have in stock, we reserve the right to supply ourselves. In case of delivery delays, you will be informed immediately. In the event of definitive unavailability, any advance payments made will be refunded immediately. The risk of accidental loss and accidental deterioration of the sold goods passes to you upon delivery of the goods. The transfer is equivalent if you are in default of acceptance. If goods are delivered with obvious damage to the packaging or contents, we kindly ask you to report the damage immediately to the carrier/freight service, if necessary refuse acceptance, and contact us as soon as possible so that we can preserve our rights against the carrier/freight service. Please also inform us of hidden defects as soon as they are discovered, so that we can assert claims against our upstream supplier. Your warranty rights as our customer remain unaffected.

5. What Costs What and How Can You Pay?

An important point to avoid disputes from the outset are the very clear price indications and payment terms with us. The prices valid on the day of the order are decisive. If the prices for the products you have ordered are corrected downwards between the order and delivery to you, we will issue a credit note for the resulting price difference upon request. All prices are gross prices in EUR and include the statutory value-added tax of 19% (7% for books). In the case of dispatch purchase, the price is understood plus shipping costs. You only have the right to set off if your counterclaims have been legally established, are undisputed, or have been acknowledged by us.

In our shipping methods, we primarily orient ourselves to your delivery wishes and offer you the following models: First, there is the standard delivery, in which the goods are delivered to you with a delivery period of generally 2 to 3 working days after handing over the goods to the carrier. Furthermore, we offer nationwide express delivery, in which we usually deliver the goods to you on the following working day by 14:00 after handing over to the carrier. Please understand that we cannot offer this service for delivery addresses on the German islands. The express delivery can only take place on the next working day at the earliest if your order is received by us on a working day (Mon to Fri) by 12:00 and the goods are available from stock. Express delivery only takes place from Tuesday to Saturday. On (regional and national) public holidays, deviations from this rule may occur. Some particularly sensitive, high-value, and specially marked products from our range are delivered exclusively by express delivery.

For the shipping models described above, we assume that you will be responsible for setting up, assembling, and installing the goods we deliver, and that the delivery is within Germany. Details of our logistics model can be found on our website (www.almando.com). The costs shown there will be communicated and itemized separately for each order. Should you request a partial delivery, we reserve the right to charge the aforementioned costs for each partial delivery. For deliveries outside of Germany, please inquire about the exact shipping costs.

You can pay for your order by cash on delivery (COD), prepayment, or credit card. We reserve the right to exclude certain payment methods, even after you have placed your order. If you pay by prepayment, you will receive an email with the amount due and our bank details. Once your payment has been credited to our account, the ordered products will be shipped to you immediately, subject to availability. For credit card payments, the goods will be shipped to you immediately, subject to availability, after your credit card company has approved the transaction. However, your credit card account will only be charged on the day the shipment leaves our warehouse. For COD payments, you pay the COD amount plus any applicable COD fees in cash to the postman or delivery driver upon receipt of the shipment.

6. The delivered goods are unexpectedly not in order?

Especially in cases of damage to the products we supply and the handling of warranty claims, we strive to find a mutually satisfactory solution in a spirit of cooperation and trust. With the deviations outlined below, we consider the statutory regulations to be adequate and sufficient. We kindly request that you notify us in writing of any obvious defects in the goods within two weeks of receipt. Your warranty rights as our customer remain unaffected. For new goods purchased from us, we provide a two-year warranty from the date of delivery. For used and demonstration equipment, the warranty period is one year from the date of delivery. The one-year warranty period does not apply if we are guilty of gross negligence, or in the case of personal injury or death attributable to us. Our liability under the Product Liability Act remains unaffected.

To avoid legal disputes, before enforcing your warranty claims, you are obligated to make the goods in question available to us for inspection. This inspection can take place at your premises, be sent to us, or be carried out by a third party designated by us, at our discretion. Please contact us by telephone at +49 89 72 48 16 00, Monday to Friday, from 10:00 AM to 5:00 PM, to arrange the further procedure. If you refuse to cooperate in this regard, we will be released from our warranty obligations. Given that the technical equipment we supply is primarily sensitive, you will surely understand that we cannot be held liable for defects caused by improper or non-contractual actions, particularly during installation, connection, operation, or storage. Warranty claims are also void if unauthorized third parties have interfered with or modified the goods supplied by us, or if consumables are used that do not conform to the manufacturer’s specifications for the individual products supplied by us. The same applies to damage that occurs during the operation of the products we supply in conjunction with other devices whose compatibility is not guaranteed. Should we replace individual components of the items we supply as part of a repair or replacement, we acquire ownership of the replaced items. In the case of a subsequent delivery, our company becomes the owner of the replaced devices and/or components upon receipt of the replacement device by the contractual partner.

We do not provide any legally binding guarantees to you. Manufacturer warranties remain unaffected.

7. Limitations of liability

Should you incur any damage in connection with our products, we will endeavor to find an amicable solution with you. However, we hope you understand that we must limit our liability to a mutually acceptable level. Thus, in cases of slight negligence, our liability, as well as that of our agents, is limited to the foreseeable, typical, direct average damage. We and our agents are not liable for slight negligence in the breach of non-essential contractual obligations, the breach of which does not jeopardize the performance of the contract. The aforementioned limitations of liability do not apply to your claims arising from product liability or warranty. Furthermore, these limitations of liability do not apply to personal injury or death attributable to us.

We are only liable for our own content on our online shop’s website. Where we provide links to other websites, we are not responsible for the external content contained therein. We do not endorse this external content. If we become aware of illegal content on external websites, we will immediately block access to those sites.

8. Retention of title

We retain title to the goods until full payment of the purchase price. The customer must inform us immediately of any enforcement measures taken by third parties against the goods subject to retention of title, providing all documents necessary for intervention; this also applies to any other impairments. Regardless, the customer must inform third parties in advance of our rights to the goods.

9. Data protection

We take data protection very seriously and collect, process, and use your data in accordance with the provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). This data may be transmitted to agents and, pursuant to Section 11 of the BDSG, to carefully selected business partners, for example, for the purpose of credit checks and financing. In the case of a financed purchase, the financing bank remains solely responsible for the legally compliant collection, use, and storage of the data. The collection, processing, and use of personal data for marketing purposes requires your prior consent. You have the option of granting this consent before placing your order. You have the right to revoke your consent at any time with effect for the future. You can find further information on data protection at this link.

10. Final Provisions

The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded; German law applies. Finally, we would like to point out that should individual provisions of these terms and conditions or of the contract concluded with you be wholly or partially invalid, the validity of the remaining provisions of the contract shall remain unaffected. The invalid provision shall be replaced by the relevant statutory provision. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, Munich shall be the exclusive place of jurisdiction for all disputes arising from this contract.

11. Provider information

Logistik und Ladengeschäft (Return address):
almando GmbH
Munich office
Liesl – Karlstadt – Straße 7
D – 81476 Munich
Germany

Tel.: +49 (0) 89 – 90 410 30 80
Fax: +49 (0) 89 – 90 410 30 88
E-Mail:
Website: www.almando.com

Sitz der Gesellschaft und Postanschrift:
almando GmbH
Sonnenstraße 33a
D – 82205 Gilching
Deutschland

Handelsregister
Amtsgericht München
HRB 16 36 28

VAT ID
DE 814741702

Managing Director: Jürgen Amann