General Business Terms and Conditions (GTC) for services to companies with foreign and domestic residence (B2B)

1. Applicability
The contract conditions on hand are applicable to entrepreneurs within the meaning of §§ 310(1) and (14) of the German Civil Code (BGB).

2. Contract partner/Access to the shop
Contract partner for businesses that are brought on or established via a web presence of the Alfa GmbH (especially via pages under alfa-direkt.de, alfa-direct.com, alfa-direkt.at, bauschaum24.de, bauschaum24.at) is
Alfa GmbH
Ferdinand-Porsche-Str. 10
73479 Ellwangen
Germany
hereafter called "Alfa".

Orders in the web shop can only be placed by interested parties authorised by Alfa. Possible identifications issued by Alfa for the purpose of authorisation shall be treated as business confidential.

3. Sole validity of the GTC on hand
Services of Alfa to entrepreneurs abroad are only performed based on these GTC. Conditions contradicting these business terms are only applicable if Alfa expressly acknowledges them in writing.

4. Service
The goods description displayed in the text of the shop is decisive for the service.

5. Offer, order confirmation, delivery
The presentation of the respective product in the web shop area is to be seen as a request to make an offer. The contract is only concluded with acceptance by Alfa.

6. Prices, payment conditions
The price displayed in the shop is decisive for the billing. The purchase price is due for payment immediately after contract conclusion.
If not otherwise indicated, the prices stated for the product are exclusively net prices, without packaging and without statement of the legally valid VAT.

7. Delivery, delivery period
With the transfer of the goods to the forwarding company, the risk, also of accidental loss and confiscation is transferred to the purchaser.

8. Partial deliveries
Alfa is authorised to perform partial deliveries.
If delivery of certain quantities within a certain period (at the most 1 year) is agreed upon, the retrievals shall be distributed evenly throughout the term. If the retrieval of the total quantity does not take place within the agreed term, the obligation of the seller for delivery becomes void. However, as the goods being unretrieved is a breach of the contract, the seller can therefore demand payment for these unretrieved goods upon delivery by the last day of the retrieval term.

9. Liability
The regulations of the German Commercial Code (HGB) are applicable, particularly § 377 HGB. Warranty rights of the customer require that he properly fulfilled his inspection and reporting duties.
If the purchase object is defective, Alfa is authorised to perform supplementary performance at their own discretion in form of elimination of defects or delivery of a new defect-free object. In case of defect elimination, Alfa only carries the expenses up to the amount of the purchase price.

If the supplementary performance fails, the customer is authorised to demand withdrawal or reduction by his choice.

In the case of the customer asserting damage compensation claims that are based on intention or gross negligence, including intention and gross negligence of representatives or auxiliary agents of Alfa, Alfa is liable as according to legal regulations.

Except if Alfa is charged with intentional contractual violation, the damage compensation is limited to the foreseeable, typically occurring damage.

Alfa is liable for the foreseeable, typically occurring damage if it culpably violates an essential contractual obligation. The liability due to culpable violation of life, body, or health remains untouched- this is also applicable to the mandatory liability according to the product liability law. Unless deviating agreements are stated above, the liability is excluded.

10. Retention of title
Alfa reserves the right to the purchase object up to the receipt of all payments from the business relationship with the purchaser. If the purchaser behaves in violation of the contract, especially in case of delay of payment, Alfa is authorised to take back the purchase object. The withdrawal of the purchase object by Alfa means a withdrawal from the contract.

The purchaser may resell the object in the ordinary course of business, but at this time he must have already transferred all claims to Alfa to the amount of the final invoice (including VAT, provided that sales tax is excluded) which accrue in the process of the resale to his clients or third parties – independent of whether the purchase object was resold without or after processing or was installed elsewhere.. The purchaser remains authorised to collect this claim also after the surrender. Alfas authorisation to collect the claim ourselves remains untouched by this. Alfa agrees to release entitled securities upon request of the purchaser to the extent that the realisable value of our securities exceeds the demand to be secured by more than 20%, the selection of the securities to be released is the responsibility of Alfa.

11. Place of fulfilment/Place of jurisdiction
Place of fulfilment for the mutual services is Westhausen in the Federal Republic of Germany. If the purchaser is a businessman, the place of jurisdiction for all disputes arising from the contract is the place of residence of the seller, unless mandatory legal conditions contradict this.

12. Choice of law
The contract and possible disputes arising from the business relationship are subject to the regulations of German law, under exclusion of the conditions of international private law and the UN Convention on the international sale of goods (CISG).
Dated 8/1/2012

Data protection declaration
We use the data you enter for the performance and processing of your order.
Where there is the opportunity to enter personal or business data within the Internet offer (email addresses, names, addresses), the statement of this data on behalf of the user is done expressly on a voluntary basis.
The utilisation and payment of all used services is also allowed without the statement of such data, for example with usage of anonymous data or a pseudonym – insofar as technically possible and reasonable. According to the Federal Data Protection Law, you have the right to information about your saved data, as well as, where applicable, the right to correction, blocking, or deletion of this data.

Newsletter

When subscribing to the Newsletter, your E-Mail-address is used for own advertising means until you cancel your subscription for the Newsletter. Cancelling the subscription is possible at any time. For example, you can have yourself removed from the subscription list by sending an email request to contact@alfa-direct.com.

Contract text
We save the contract text and send you the order data and our GTC via email. You can also view the GTC here any time. Your past orders are listed in the customer Login Area.
Cookies by Alfa

We use Cookies on different pages to make our pages more attractive and to facilitate the utilisation of certain functions. Cookies are small text files that are saved on your computer. Most of the Cookies we use are deleted after you end the browser session (so-called session Cookies). Other Cookies remain on your hard drive and enable us to recognise you upon your next visit (so-called permanent Cookies). Upon placing subsequent orders, these Cookies provide your username and spare you from having to enter your password or fill out forms with your data again. Our associated companies are not allowed to collect, process or use personal data recorded over our website via Cookies. In the menu of your Browser you can delete Cookies or prohibit their use. Please be aware that the function of the services of the visited website can be impaired after deactivating Cookies. You will receive notice if this involves the order process.
Usage of the service "Google Analytics" and Google Cookies The statement of the service by Google is mainly as follows:
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

In case of activation of the IP-anonymity on this website your IP address is abbreviated by Google in advance within member states of the European Union or in other Contract states of the European commercial region. Only in exceptional cases the full IP-address is transferred to a server of Google in the United States and abbreviated there. By order of the operator of the website Google will use this information to evaluate your usage of the website, to create reports about the website activities and to provide further services for the website operator associated with the website usage and the Internet utilisation.
Google will not associate the IP-address transferred by your browser with any other data held by Google. You may refuse the saving of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Beyond that you can prevent the recording of the data created through the Cookies and associated with your usage of the website (incl. Your IP-address) to Google and the processing of this data by Google by downloading and installing the Browser plug-in available under this link [enter link here. The current link is https://tools.google.com/dlpage/gaoptout? hl=de].“
More information about Google Analytics is available here: https://www.google.com/intl/de/analytics/tos.html https://tools.google.com/dlpage/gaoptout?hl=de and at https://www.google.com/intl/de/analytics/privacyoverview.html
Google Analytics was expanded by the program part „gat. _anonymizeIp();“ on our website in order to guarantee an anonymous recording of IPaddresses. Creation of pseudonymous user profiles for web analysis by Piwik Data is also collected and saved on our websites through Piwik, a web analysis services from the provider https:///www.piwik.org. This data is used to create user profiles with the usage of pseudonyms. These user profiles serve the analysis of visitor behaviour and are evaluated for the improvement and need-appropriate design of our offer. Cookies can be put to use here. They consist of small text files that are locally saved on the computer of the visitor and thus allow recognition upon repeated visit to our website. The pseudonymous user profiles are not associated with personal data of the carrier of the pseudonym without distinct, express consent of the respective user.

Right of objection
You can object to the data collection and saving for the purpose of web analysis at any time effective for the future, particularly by preventing the installation of the Cookies by according settings of your browser software. By preventing the Cookies, the function of the services on the visited website may be impaired. You will receive notice if the order process is involved.

Credit assessment
For the purpose of credit assessment, the „Bürgel Wirtschaftsinformationen GmbH & Co. KG, Post office box 500 166, 22701 Hamburg“ will provide us with address and credit worthiness information saved in their database about you, including those that are created based on mathematical-statistic procedures, provided that we have presented our legitimate interest. In this process, we transfer the personal data required for the credit assessment to the Bürgel Wirtschaftsinformationen GmbH & Co. KG and use the received information about the statistic probability of an inability to pay for a carefully considered decision concerning the justification, performance or termination of the contract relationship. The credit assessment can include probability values (score-values) that are calculated on the basis of scientifically acknowledged mathematic-statistic procedures and among other things includes address data. Your protection under legal conditions are considered accordingly.