Terms of service

General terms and conditions for the "alpha-b2b.de -Online-Shop"

between

alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding, represented by the managing director, Mr. Pierre Pfeiffer, registered in the commercial register of the district court of Munich under HRB 151525, VAT identification no.: DE 233834437

- hereinafter "alpha" -

and

the customer designated in § 2 of the contract

- hereinafter referred to as "customer" -

are concluded.

§ 1 Scope of application, definitions

(1) For the business relationship between the webshop provider (hereinafter referred to as "alpha") and the customer (hereinafter referred to as "customer"), the following General Terms and Conditions in their version valid at the time of the order shall apply exclusively. Deviating general terms and conditions of the customer/orderer shall not be recognised unless alpha expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select products from alpha's range, in particular articles in the area of nutritional supplements, sports drinks, vitamin drinks, hydration drinks, merchandise of the Biosteel brand, and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "buy now", the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms of contract by clicking on the button "Accept GTC" and has thereby included them in his application.

(2) alpha then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out via the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by alpha and does not constitute an acceptance of the application. The contract shall only be concluded by the submission of a declaration of acceptance by alpha, which shall be sent with a separate e-mail ("order confirmation"). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract, consisting of the order, the GTC and the order confirmation, shall be sent by us to the customer on a permanent data carrier (e-mail or paper printout) ("contract confirmation"). The text of the contract shall be stored in compliance with data protection laws.

(3) The contract shall be concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is stated for the respective goods in our online shop, it is usually 2 - 4 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, alpha shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, alpha shall refrain from a declaration of acceptance. In this case, a contract shall not be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, alpha shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: alpha only delivers to customers who have their usual residence (invoice address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria

§ 4 Retention of title

The delivered goods remain the property of alpha until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on alpha's website are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer makes use of his right of revocation. From an order value of EUR 50, alpha shall deliver to the customer free of shipping costs, within Germany. Within Austria from EUR 150.

(3) The goods shall be shipped by post. The shipping risk shall be borne by alpha if the customer is a consumer.

(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities

(1) The customer can make the payment by means of the payment tool offered in the web shop of alpha ("PayPal"); the payment by means of the payment tool is subject to the contractual and usage conditions of the third-party provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, to be viewed at [https:// www.paypal.com/de/webapps/mpp/paypal-safety-and-security] and [https:// www.paypal.com/de/webapps/mpp/paypal-fees].

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, he shall pay alpha interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by alpha.

§ 7 Warranty for material defects, guarantee

(1) alpha is liable for material defects according to the legal regulations applicable for this, in particular §§ 434 ff. BGB. In case of the sale of used goods and vis-à-vis entrepreneurs, the warranty period for goods delivered by alpha shall be 12 months.

(2) An additional warranty shall only exist for the goods delivered by alpha if this has been expressly stated in the order confirmation for the respective item.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer resulting from the injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages which are based on an intentional or grossly negligent breach of duty of alpha or the legal representatives or vicarious agents of alpha. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the case of a breach of essential contractual obligations, alpha shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages of the customer from an injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of alpha if claims are asserted directly against them.

(4) The limitations of liability resulting from paras. 1 and 2 do not apply as far as alpha has fraudulently concealed the defect or has assumed a guarantee for the quality of the object. The same applies as far as alpha and the customer have made an agreement about the quality of the object. The regulations of the product liability law remain unaffected.

§ 9 Cancellation policy

(1) In principle, consumers have a statutory right of revocation when concluding a distance selling transaction, which alpha informs about in the following in accordance with the statutory model. The exceptions to the right of revocation are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.

Right of withdrawal

You have the right to withdraw from 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 inform us, alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding, [email protected], of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 for 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 delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You 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 checking the condition, properties and functioning of the goods.

(2) The right of revocation does not exist for contracts

- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

- for the delivery of merchandise in a sealed package if the seal has been removed after delivery as well as

- for the delivery of whole packaging units (e.g. 12 pcs = 1 pc) in a sealed package if the seal of the outer packaging was removed after delivery.

(3) alpha informs about the model withdrawal form according to the legal regulation as follows:

Model cancellation form

(If you want to revoke the contract, please fill in and return this form).

and send it back).

(*) Delete where inapplicable

To

alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding, Germany

E-mail: [email protected]

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)

for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

§ 10 Final provisions

(1) alpha is legally obliged to refer consumers to the European Online Dispute Resolution Platform (ODR platform) of the European Commission, which can be reached at http://ec.europa.eu/odr. alpha does not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

(2) The law of the Federal Republic of Germany shall apply to contracts between alpha and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and alpha shall be the registered office of alpha.

(4) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the legal provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.