Allgemeine Geschäftsbedingungen
The following General Terms and Conditions (GTC) apply to the sale of goods by NetCream AG (hereinafter also referred to as "Alphanf", "we" or "Seller") via our online store at alphanf.com (hereinafter also referred to as "Shop" or "Website") in the version valid at the time of conclusion of the contract. They can be accessed at any time at alphanf.com/terms.
1. CONCLUSION OF CONTRACT
(1) The presentation of goods on our website is merely a non-binding invitation to visitors to our store to submit a purchase offer to us. The submission of the order in the web store by clicking on the "Buy" button represents a binding offer to conclude a purchase contract on the part of the visitor.
(2) We shall confirm receipt of the order immediately by means of an automatically generated e-mail ("confirmation of receipt"). This message does not yet constitute acceptance of the offer to conclude a purchase contract. An effective purchase contract shall only be concluded upon receipt of a further e-mail ("confirmation of dispatch") or upon delivery of the ordered goods.
(3) The contract is concluded with NETCREAM AG, Essanestrasse 127, 9493 Eschen, Liechtenstein.
2. PRICES AND PAYMENT
(1) The stated prices are in Euro including the statutory value added tax plus the stated shipping costs. The prices stated at the time of the order shall apply.
(2) The buyer (hereinafter also referred to as "customer") has the option to pay for the goods in advance, cash on delivery, credit card, SOFORT Überweisung and Klarna invoice. If he has chosen payment in advance, he undertakes to pay the purchase price immediately, i.e. within seven days after conclusion of the contract.
(3) We reserve the right to charge a flat reminder fee of 5.00 Euro per reminder if the Buyer is in default of payment. The Buyer shall be permitted to prove that substantially less damage than this lump sum or no damage at all has been incurred.
(4) We will automatically arrange for any repayments to be made to the account used for payment. In case of payment by invoice and prepayment, the return transfer will be instructed to the account from which the transfer was made.
(5) Alphanf encrypts all your information with SSL (Secure Socket Layer) protocol. This means that unauthorized persons will not be allowed to view your information.
3. DELIVERY
(1) Delivery of goods will be made by shipping to the delivery address provided by the Buyer. In exceptional cases, delivery bottlenecks or other unforeseeable circumstances may result in longer delivery times than those specified. In particular, we have no influence on delivery delays caused by the shipping company. In the case of foreign orders, delivery may be delayed accordingly.
(2) The stated delivery period begins with receipt of payment.
(3) Delivery is free of charge for all shipments within the EU. Shipping costs for shipping to non-EU countries are borne by the buyer.
(4) You cannot pick up the goods directly at NetCream AG's address.
4. RETENTION OF TITLE
We retain ownership of the goods until full payment of the purchase price.
5. REGISTRATION ON OUR WEBSITE
(1) Alphanf gives the customer the opportunity to register and open a customer account at alphanf.com by clicking on the "Register" button. The registration is purely voluntary in order to facilitate future orders. The registration is not obligatory in order to carry out orders.
(2) The customer is obliged to treat his personal access data confidentially and not to make them accessible to unauthorized third parties.
(3) Registration with Alphanf is free of charge. There is no right to registration. We can make the registration subject to further conditions (e.g. verification of the registration data). The customer is obliged to provide correct and accurate information during registration. Changes in the data should be communicated by the customer to avoid costs, if he wants to place a new order. In particular, the customer shall provide his full name, address and email address. Alphanf is entitled to effectively deliver declarations to be made to the customer to the customer's email address, unless a stricter form is mandatory by law or agreement.
(4) The personal data stored during registration will be saved by us, so that the customer can log in again with his access data at any time. Further information on the handling of personal data and data protection in general can be found in the data protection declaration, available at https://alphanf.com/privacy.
(5) A minimum age of 18 years is required to register and order on our website. You must confirm that you are at least 18 years old.
6. RIGHT OF REVOCATION
Consumers have a right of withdrawal according to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
CANCELLATION POLICY:
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us:
NETCREAM AG,
Essanestrasse 127,
9493 Eschen,
Liechtenstein
e-mail: kontakt@alphanf.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF REVOCATION:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
CANCELLATION FORM
If you want to revoke the contract, please fill out the following form and send it back to us. However, the revocation can also be declared informally.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
______________________________
Ordered on (*)/received on (*)
______________________________
Name of the consumer(s)
______________________________
Address of consumer(s)
______________________________
Signature of the consumer(s) (only in case of paper communication)
______________________________
Date
______________________________
(*) Delete where not applicable.
EXCLUSION OR PREMATURE EXPIRY OF THE RIGHT OF WITHDRAWAL:
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal also does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7. WARRANTY
The statutory warranty rights apply.
8. DISCLAIMER OF LIABILITY
(1) The Seller shall be liable without limitation for intent and gross negligence. In the case of simple negligence, the Seller shall only be liable for damages resulting from injury to life, body, health or a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely).
(2) In the event of a simple negligent breach of material contractual obligations, the Seller's liability shall be limited to the amount of the foreseeable, typically occurring damage. Otherwise, the liability of the seller is excluded.
(3) Attention: If you have ordered one of our CBD oils, please note that the oil may leak if oil gets into the thread during transport. We therefore recommend that you do not transport the oil.
(4) The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the seller.
(5) The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to claims of the Buyer under the Product Liability Act.
9. ELECTRONIC COMMUNICATION
(1) The Buyer expressly agrees that the communication between him and Alphanf shall take place electronically, in particular via unencrypted e-mail. The Buyer is aware that unencrypted e-mails offer only limited security and confidentiality.
(2) The Buyer must ensure that the e-mail address he/she provides for order processing is accurate, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
10. FINAL PROVISIONS
(1) General Terms and Conditions (GTC) of the Buyer shall not become part of the contract, even if Alphanf does not expressly object to them.
(2) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
(3) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
1. CONCLUSION OF CONTRACT
(1) The presentation of goods on our website is merely a non-binding invitation to visitors to our store to submit a purchase offer to us. The submission of the order in the web store by clicking on the "Buy" button represents a binding offer to conclude a purchase contract on the part of the visitor.
(2) We shall confirm receipt of the order immediately by means of an automatically generated e-mail ("confirmation of receipt"). This message does not yet constitute acceptance of the offer to conclude a purchase contract. An effective purchase contract shall only be concluded upon receipt of a further e-mail ("confirmation of dispatch") or upon delivery of the ordered goods.
(3) The contract is concluded with NETCREAM AG, Essanestrasse 127, 9493 Eschen, Liechtenstein.
2. PRICES AND PAYMENT
(1) The stated prices are in Euro including the statutory value added tax plus the stated shipping costs. The prices stated at the time of the order shall apply.
(2) The buyer (hereinafter also referred to as "customer") has the option to pay for the goods in advance, cash on delivery, credit card, SOFORT Überweisung and Klarna invoice. If he has chosen payment in advance, he undertakes to pay the purchase price immediately, i.e. within seven days after conclusion of the contract.
(3) We reserve the right to charge a flat reminder fee of 5.00 Euro per reminder if the Buyer is in default of payment. The Buyer shall be permitted to prove that substantially less damage than this lump sum or no damage at all has been incurred.
(4) We will automatically arrange for any repayments to be made to the account used for payment. In case of payment by invoice and prepayment, the return transfer will be instructed to the account from which the transfer was made.
(5) Alphanf encrypts all your information with SSL (Secure Socket Layer) protocol. This means that unauthorized persons will not be allowed to view your information.
3. DELIVERY
(1) Delivery of goods will be made by shipping to the delivery address provided by the Buyer. In exceptional cases, delivery bottlenecks or other unforeseeable circumstances may result in longer delivery times than those specified. In particular, we have no influence on delivery delays caused by the shipping company. In the case of foreign orders, delivery may be delayed accordingly.
(2) The stated delivery period begins with receipt of payment.
(3) Delivery is free of charge for all shipments within the EU. Shipping costs for shipping to non-EU countries are borne by the buyer.
(4) You cannot pick up the goods directly at NetCream AG's address.
4. RETENTION OF TITLE
We retain ownership of the goods until full payment of the purchase price.
5. REGISTRATION ON OUR WEBSITE
(1) Alphanf gives the customer the opportunity to register and open a customer account at alphanf.com by clicking on the "Register" button. The registration is purely voluntary in order to facilitate future orders. The registration is not obligatory in order to carry out orders.
(2) The customer is obliged to treat his personal access data confidentially and not to make them accessible to unauthorized third parties.
(3) Registration with Alphanf is free of charge. There is no right to registration. We can make the registration subject to further conditions (e.g. verification of the registration data). The customer is obliged to provide correct and accurate information during registration. Changes in the data should be communicated by the customer to avoid costs, if he wants to place a new order. In particular, the customer shall provide his full name, address and email address. Alphanf is entitled to effectively deliver declarations to be made to the customer to the customer's email address, unless a stricter form is mandatory by law or agreement.
(4) The personal data stored during registration will be saved by us, so that the customer can log in again with his access data at any time. Further information on the handling of personal data and data protection in general can be found in the data protection declaration, available at https://alphanf.com/privacy.
(5) A minimum age of 18 years is required to register and order on our website. You must confirm that you are at least 18 years old.
6. RIGHT OF REVOCATION
Consumers have a right of withdrawal according to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
CANCELLATION POLICY:
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us:
NETCREAM AG,
Essanestrasse 127,
9493 Eschen,
Liechtenstein
e-mail: kontakt@alphanf.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF REVOCATION:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
CANCELLATION FORM
If you want to revoke the contract, please fill out the following form and send it back to us. However, the revocation can also be declared informally.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
______________________________
Ordered on (*)/received on (*)
______________________________
Name of the consumer(s)
______________________________
Address of consumer(s)
______________________________
Signature of the consumer(s) (only in case of paper communication)
______________________________
Date
______________________________
(*) Delete where not applicable.
EXCLUSION OR PREMATURE EXPIRY OF THE RIGHT OF WITHDRAWAL:
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal also does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7. WARRANTY
The statutory warranty rights apply.
8. DISCLAIMER OF LIABILITY
(1) The Seller shall be liable without limitation for intent and gross negligence. In the case of simple negligence, the Seller shall only be liable for damages resulting from injury to life, body, health or a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely).
(2) In the event of a simple negligent breach of material contractual obligations, the Seller's liability shall be limited to the amount of the foreseeable, typically occurring damage. Otherwise, the liability of the seller is excluded.
(3) Attention: If you have ordered one of our CBD oils, please note that the oil may leak if oil gets into the thread during transport. We therefore recommend that you do not transport the oil.
(4) The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the seller.
(5) The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to claims of the Buyer under the Product Liability Act.
9. ELECTRONIC COMMUNICATION
(1) The Buyer expressly agrees that the communication between him and Alphanf shall take place electronically, in particular via unencrypted e-mail. The Buyer is aware that unencrypted e-mails offer only limited security and confidentiality.
(2) The Buyer must ensure that the e-mail address he/she provides for order processing is accurate, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
10. FINAL PROVISIONS
(1) General Terms and Conditions (GTC) of the Buyer shall not become part of the contract, even if Alphanf does not expressly object to them.
(2) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
(3) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.