Table of Contents
- Scope of application
- Offers and performance descriptions
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery and product availability
- Payment modalities
- Retention of title
- Warranty and guarantees
- Liability
- Saving of the contract text
- Jurisdiction, applicable law, contractual language
1. Scope of application
1.1. For the business relationship between AlienTools LLC, 522 W Riverside Ave Ste N, Spokane, WA 99201, USA, phone +1 520-216-4410, e-mail info@alientools.com (alternate: info@alien-tools.com) (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can contact our customer service for questions and complaints on weekdays from 9:00 AM to 6:00 PM by phone +1 520-216-4410 or by e-mail at info@alientools.com (alternate: info@alien-tools.com).
1.3. Definitions.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer / entrepreneur is a natural or legal person or a legally capable partnership who, when concluding the contract, acts in the exercise of their trade, business, or profession.
1.4. Deviating, conflicting, or supplementary terms of the Customer shall not become part of the contract unless the Seller expressly agrees to their validity.
2. Offers and performance descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Performance descriptions in catalogs and on the Seller’s websites do not constitute an assurance or guarantee unless explicitly stated.
2.2. All offers are valid while supplies last, unless otherwise stated for the respective product. Errors and omissions are reserved.
3. Ordering process and conclusion of contract
3.1. The Customer can select products from the Seller’s assortment without obligation and collect them via the [Add to cart] button in a shopping cart. Within the shopping cart the product selection can be changed (e.g., removed). Afterwards, the Customer can proceed to the end of the ordering process via the [Proceed to Checkout] button.
3.2. By clicking the [Confirm Order] button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time, return to the shopping cart using the browser function “back”, or cancel the order process as a whole. Required fields are marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic acknowledgment of receipt by e-mail in which the Customer’s order is listed again and which the Customer can print using the “print” function (order confirmation/receipt). The automatic acknowledgment of receipt only documents that the order has been received by the Seller and does not constitute acceptance. The contract is concluded only when the Seller dispatches the ordered product to the Customer within 2 days or confirms acceptance to the Customer within two days by a separate e-mail (order confirmation) or by sending the invoice.
3.4. Prepayment (if offered). If the Seller allows prepayment, the contract is concluded when the Seller provides the payment details and requests payment. If payment has not been received by the Seller within 10 calendar days after the order has been placed, the Seller is entitled to withdraw from the contract with the consequence that the order is cancelled and the Seller has no delivery obligation. The item will be reserved for 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are shown in USD, unless stated otherwise. Any applicable taxes (e.g., sales tax) and duties may depend on the delivery destination and will be shown during checkout where required.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. Shipping costs are clearly communicated to the Customer on a separate information page and during the ordering process.
5. Delivery and product availability
5.1. If advance payment is agreed, delivery will be made upon receipt of the invoice amount.
5.2. Should delivery of the goods fail due to reasons attributable to the Customer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be reimbursed to the Customer without undue delay.
5.3. If the ordered product is not available because the Seller, without fault, is not supplied with this product by its supplier, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose delivery of a comparable product. If a comparable product is not available or the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any consideration already provided.
5.4. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries to specific countries) on a separate information page and/or within the respective product description.
6. Payment modalities
6.1. The Customer can choose from the available payment methods within the framework and prior to the completion of the order process. Customers will be informed about the available methods on a separate information page and/or during checkout.
6.2. If payment by invoice is offered, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are charged with payment processing (e.g., PayPal), their terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the Customer is in default by missing this date. In this case, the Customer shall pay statutory default interest.
6.5. The Customer’s obligation to pay default interest does not preclude the Seller from asserting further damages caused by default.
6.6. The Customer is only entitled to set-off if counterclaims are legally established or recognized by the Seller. The Customer can only exercise a right of retention as long as the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the Seller until full payment has been received.
8. Warranty and guarantees
8.1. Warranty rights are governed by statutory law.
8.2. A guarantee for goods supplied by the Seller exists only if it has been expressly granted. Customers are informed about warranty/guarantee conditions before placing an order and/or in the relevant product information.
9. Liability
9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to other statutory requirements.
9.2. The Seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for slightly negligent breach of essential obligations, the breach of which jeopardizes the purpose of the contract, or for breach of obligations which make proper performance of the contract possible and on which the Customer regularly relies. In this case, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body, or health; for defects after assumption of a guarantee regarding quality; and in the case of fraudulently concealed defects. Mandatory liability under product liability laws remains unaffected.
9.5. If the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Saving of the contract text
10.1. The Customer can print the contract text before submitting the order by using the print function of the browser in the last step of the order.
10.2. The Seller also sends the Customer an order confirmation with all order data to the e-mail address specified by the Customer. Where a customer account exists, the Customer may be able to view placed orders in the profile/account area. The Seller stores the contract text but does not make it available publicly on the internet.
11. Jurisdiction, applicable law, contractual language
11.1. Jurisdiction and place of performance shall be the place of business of the Seller if the Customer is a merchant/business customer, a legal person of public law, or a public special fund, unless mandatory law provides otherwise.
11.2. The contract shall be governed by the laws of the State of Washington, USA, excluding conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted. For consumers, mandatory consumer protection provisions of the country of habitual residence remain unaffected.
11.3. Contractual language is English.