General Terms and Conditions
The legally required instruction on the right of revocation in distance selling for consumers can be found in section 6 of the GTC.
AL-KO Gardentech UK Ltd, Murray Way, Wincanton Business Park, Wincanton, Somerset, BA9 9RS
WEEE Reg. No.: WEE/CK0045SY/PRO
Telephone: +44 (0)1963 828 055
We also seek customer-oriented solutions in legal matters. You can simply call us. Of course, your rights will remain unrestricted even without a call. The legislator obliges especially online providers to provide numerous references to the contract and the applicable conditions. We have compiled these notes and instructions and our other further conditions of dispatch for you below.
I. General Terms and Conditions of Business for orders in the AL-KO online shop
1.1. We deliver exclusively in accordance with the following "General Terms and Conditions of Business", which form the basis of all contracts concluded with us. Any general terms and conditions of the customer that conflict with or deviate from the following provisions shall not apply. The following terms and conditions of business shall also apply exclusively if we carry out the delivery and service without reservation in the knowledge that the customer's terms and conditions are contrary to or deviate from the following terms and conditions of business.
1.2 If these terms and conditions of business refer to consumers, these are natural persons for whom the purpose of the order cannot be attributed to a predominantly commercial, independent or freelance activity. If working days are specified as deadlines, this shall include all weekdays with the exception of Saturdays, Sundays and public holidays.
1.3. For customers who are not consumers, our General Terms and Conditions of Business for deliveries to entrepreneurs (see below, point II.).
2. Storage and viewing of contract text
2.1. You can view these General Terms and Conditions of Business together with the general contractual provisions contained therein on our website www.alko-garden.uk
. You can also print or save this document by using the usual functionality of your internet service program (=browser).
2.2. You can also additionally archive the data of your order simply by either downloading the General Terms and Conditions and saving the data summarised on the last page of the order process in the internet shop using the functions of your browser or you wait for the automatic order confirmation which we will additionally send to you by email to the address you have specified after completion of your order. This order confirmation again contains the data of your order and can be easily printed out or saved with your email program.
2.3. Your order data will be saved by us in compliance with the data protection regulations (see also clause 9 below).
3. Contracting party, language, order process and conclusion of contract
3.1. Your contracting party is AL-KO Gardentech UK Ltd, Murray Way, Wincanton Business Park, Wincanton, Somerset, BA9 9RS. Contracts in our Internet shop can currently only be concluded in English and only for deliveries to addresses within Great Britain.
3.2. Order process
3.2.1 Technical process for an order and conclusion of contract:
In order to purchase an item from AL-KO Gardentech UK, the customer must place an order. The following technical steps are necessary for this:
a. The customer must first select the goods from AL-KO Gardentech UK's range. This is done by simply clicking on the goods. By clicking on "shopping cart" the goods are added to the customer's shopping cart.
b. The customer can then click on the button "Checkout". He will then be redirected to a page where the Customer can either first register as a new customer or click on the "Continue" button to go to the confirmation page of AL-KO Gardentech UK.
c. If the Customer clicks on the "Order" button, the Customer places a binding order with AL-KO Gardentech UK for the goods contained in the shopping basket ("Purchase Offer"). On item. 3.3 of these General Terms and Conditions is referred to.
d. The customer will subsequently receive a confirmation e-mail that AL-KO Gardentech UK has received the order and will continue to check it. Reference is made to section 3.3 of these general terms and conditions.
3.2.2. recognition and correction of input errors:
The customer can change or delete the contents of the shopping basket when he calls up the menu item shopping basket. The changes can be made using the mouse. For this purpose, the quantity to be changed must be clicked on with the left mouse button and overwritten, or the button "Remove" must be clicked. By clicking on the "Checkout" button, the Customer will be redirected to a page on which he/she will be given the opportunity to register if he/she is not yet registered as a Customer in the IT system of AL-KO Gardentech UK. At the same place the Customer can check and change their delivery and payment requests and view the General Terms and Conditions. By clicking on the "Continue" button, the Customer will be taken to the confirmation page, where he can check and also change all their details again. The customer can cancel his order at this point; in this case a contract will not be concluded.
3.2.3. content of the contract; essential characteristics of the goods:
The content of the contract concluded between the customer and AL-KO Gardentech UK and therefore the essential characteristics of the goods are determined by the description of the goods provided by AL-KO Gardentech UK in the online shop.
3.3. Conclusion of the contract
The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after sending the order. This confirmation is for your information only and does not constitute an acceptance of contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
4. Offers, prices, shipping costs
4.1 Our advertising offers are non-binding and subject to change without notice as long as they do not become the content of a contractual agreement. For orders in our internet shop, the prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable United Kingdom statutory value added tax and other price components.
4.2. the shipping costs can be found directly at the price indicated or at the summary of your order.
5. payment, delivery
5.1. we only offer the payment options indicated in our internet shop.
5.2 We will endeavour to deliver ordered goods immediately. If you order goods from stock, they will usually be dispatched on the same working day, (receipt of money depending on the method of payment) otherwise on the following working day.
5.3. The obligation to deliver is not applicable if we ourselves are not supplied correctly and on time and are not responsible for the lack of availability. If the goods are not available, we will inform you immediately and any advance payment will be refunded without delay.
5.4 The delivery time will be extended appropriately in the event of strike measures and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delivery delays due to force majeure. We will inform the buyer of the beginning and end of such hindrances without delay.
5.5 In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods in the case of mail order purchases is transferred to the buyer when the goods are handed over to the consumer or a recipient designated by the consumer. This shall apply regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of mail order purchases upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
5.6. We only deliver within mainland United Kingdom.
5.7. shipments to post office boxes are not possible.
6. right of withdrawal for consumers
6.1. if you are a consumer, you have a right of withdrawal by law.
For this purpose, you will find below the legally required information on the conditions and consequences of the right of withdrawal for consumers:
Right of revocation You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must notify us (AL-KO Gardentech UK Ltd, Murray Way, Wincanton Business Park, Wincanton, Somerset, BA9 9RS, E-Mail: email@example.com
, Tel: +44 (0) 1963 828 055 by means of a clear declaration (e.g. a letter or e-mail) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
You may also electronically fill in and submit the model revocation form or other clear declaration on our website
. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. This also applies to goods that cannot be returned as a parcel (e.g. goods that have been shipped by a forwarding agent).
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 their condition, properties and functionality.
>br> End of the cancellation policy
6.2 Exclusion of the right of revocation
The statutory regulations for the exclusion of the right of revocation apply. | In the case of deliveries of goods that were not prefabricated and for the production of which the individual selection or determination of the consumer was decisive or which are clearly tailored to your personal needs;
| In the case of deliveries of audio or video recordings or of software, if the delivered data carriers have been unsealed by you.
7. Retention of title
The goods remain our property until full payment has been made.
8. Warranty and customer satisfaction
8.1. The statutory warranty rules apply.
8.2. The customer shall support us in the determination, containment and documentation of the defects, insofar as this is reasonable for them in good faith in view of the contractual relationship.
8.3. We attach great importance to your customer satisfaction. You can get in touch with us at any time using one of the contact methods listed at the beginning of this document. We endeavour to examine your request as quickly as possible and will contact you after receipt of the documents or your input or complaint. Please give us some time, however, as it often requires the involvement of the manufacturer in warranty cases. If you have a complaint, you can help us if you describe the subject of the problem as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have been "stuck" in spam filters at our or your company or a message may not have reached you by other means or may have been inadvertently omitted. For service enquiries, please contact our customer service, which you can reach at the above-mentioned contact details.
9. Out-of-court settlement of disputes
Legal notice in accordance with Art. 14 Para. 1 of EU Regulation No. 524/2013 of 21 December 1993 on the legal protection of persons with regard to the processing of personal data by the competent authorities of the Member States of the European Union May 2013 ( ODR Regulation ): The European Commission provides consumers and businesses with an interactive website ("OS Platform") for the out-of-court settlement of disputes arising from online legal transactions, which can be found at the following link: http://ec.europa.eu/consumers/odr
. The OS platform is a central contact point which consumers and entrepreneurs can access electronically and free of charge in all official languages of the European Union in order to settle disputes about contractual obligations arising from online purchase contracts or online service contracts out of court.
10. Applicable law, place of jurisdiction
10.1 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
10.2 If the customer moves his residence or usual place of abode abroad after conclusion of a contract concluded under these terms and conditions, it is agreed that the place of jurisdiction for this case shall be our company headquarters in Wincanton, Somerset. In this case, we are also entitled to bring an action at the customer's last domestic place of residence.
10.3 For all disputes arising from the contractual relationship, if the customer is a businessman, a legal entity under public law or a special fund under public law, the action must be brought at the court which has jurisdiction over the head office of AL-KO Gardentech UK. AL-KO Gardentech UK shall also be entitled to bring an action at the Purchaser's head office.
11. final provision
If individual provisions of these General Terms and Conditions of Business are wholly or partially invalid or later lose their legal validity, the validity of the General Terms and Conditions of Business shall not otherwise be affected. The invalid provisions shall be replaced by the statutory provisions. The same shall apply insofar as the general terms and conditions of business contain an unforeseen gap.
II. General terms and conditions of business for deliveries to entrepreneurs
For deliveries to natural and legal persons or partnerships with legal capacity who act in exercising their commercial or independent professional activity when placing orders ("entrepreneurs"), our General Terms and Conditions of Business for the Gardentech sector shall apply in addition. You will find these General Terms and Conditions of Delivery here:
Our General Terms and Conditions of Delivery for the Gardentech division
> In the event of discrepancies or contradictions between our General Terms and Conditions of Delivery for the Gardentech division and the aforementioned clause, we shall be entitled to cancel the contract. I., the provisions of the General Terms and Conditions of Delivery for the Gardentech sector shall take precedence.
>For online transactions with companies, we reserve the right to send invoices exclusively by electronic means. The customer's consent to exclusively electronic invoicing shall be deemed to have been given if the customer has not immediately requested an additional transmission of the invoice in paper form upon receipt of the invoice. This shall not affect the Customer's right to request an additional paper invoice at any time within the statutory storage periods applicable to invoices.
Version: August 2020