General Terms and Conditions B2C - alpha Technik GmbH & Co. KG

General Terms and Conditions of alpha Technik GmbH & Co. KG (As of: 24.02.2023)

B2C – Consumers

1. Applicability

1.1. Subject to deviating written agreements in individual cases, contracts for the purchase of movable goods (hereinafter: Goods) and for services and works with alpha Technik GmbH & Co. KG (hereinafter: aT) and consumers within the meaning of the German Civil Code (BGB) (any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, Section 13 BGB) shall be concluded exclusively in accordance with the following General Terms and Conditions (hereinafter: GTC) in their version valid at the time of the conclusion of the contract. For contracts with entrepreneurs (Section 14 BGB), the deviating GTC of aT apply (https://alphatechnik.de/info/agbs-b2b/).

1.2. By submitting an order for Goods or an order for services and works, the customer agrees to the applicability of these GTC. Conflicting or deviating GTC of the customer are only binding for aT if they have been expressly recognised in writing by aT.

1.3. aT reserves the right to amend the applicable GTC at any time. All amendments to the GTC shall apply exclusively to new contracts concluded after the amendments have been published on aT's website. Customers must review the GTC published on the website overcheck, before placing an order - they may have changed since the last website visit.

1.4. Customers can print, download, and/or save the GTC (https://alphatechnik.de/info/agbs-b2b/).

1.5. aT does not conclude contracts with minors. The minimum age for contracts with aT is 18 years completed by the respective customer.

1.6. References to the applicability of statutory provisions are for clarification purposes only. Therefore, statutory provisions shall apply even without such clarification, insofar as they are not directly amended or expressly excluded in these GTC.

2. Registration

2.1. aT operates an online shop on its homepage www.alphatechnik.de. Prior registration of the respective customer may be carried out for the purchase of Goods via aT's online shops. As frame this registration, a user account is set up under the username and password chosen by the customer. The same username cannot be chosen and used by different customers. A customer has no right to a specific username.

2.2. The customer is obliged to always provide truthful information during registration and when placing an order.

2.3. A prerequisite for registration and ordering is that the customer has reached the age of 18 at the time of registration and ordering.

2.4. After submitting the registration, the respective customer will receive a confirmation of successful registration to the email address provided by them. The customer is responsible for ensuring that the email address provided during registration is correct and that they have access to the email address provided.

2.5. The user account is personal to the registered customer and is not transferable. The access or login data for the number-plate bracket of the mentioned homepage must be kept secret.

3. Ordering Process for Goods

3.1. The presentation of Goods in aT's online shop and/or on other media, whether electronic or in paper form (e.g. flyer, brochure), does not constitute a binding offer for the conclusion of a purchase contract on the part of aT, but merely an invitation for the customer to submit an offer. Drawings, illustrations, descriptions, dimensions, weights or other power, performance data (such as speeds) as well as prices and delivery times are only binding if expressly agreed in writing and individually.

3.2. Reasonable technical and design deviations from specifications in the online shop, brochures, catalogues and other documents, as well as model, construction and material changes in the course of technical progress and further development remain reserved, without any rights being derived against aT, in particular insofar as orders from the areas of engine technology, brake system, chassis and exhaust technology, which depend on vehicle-specific data, are concerned.

3.3. aT is entitled at any time to change the product range displayed in aT's online shop and/or on other media, without any rights being derived against aT.

3.4. In aT's online shop, the customer can initially place the listed Goods in the shopping cart without obligation and correct their entries at any time before submitting their binding order by using the correction aids provided and explained in the ordering process. The offer to conclude a purchase contract is submitted by the respective customer. This is done by clicking the \"ORDER WITH OBLIGATION TO PAY\" button in the final step of the ordering process for the Goods contained in the shopping cart. For this purpose, a confirmation page with the details of their order will be displayed to the customer before completing the ordering process. On the confirmation page, the customer can again review and correct their entries regarding their offer before clicking the \"ORDER WITH OBLIGATION TO PAY\" button. After submitting the order, the customer will also receive a confirmation by email (order confirmation), which, however, does not yet constitute acceptance of their offer.

3.5. The customer is free to order Goods from aT outside of the online shop as well. The order is requested in writing. These GTC also apply to orders placed outside the online shop.

3.6. aT is entitled at any time to review an order and/or reject an order without stating reasons and to the exclusion of any liability. If aT does not confirm an order in writing within ten working days, it is deemed rejected.

3.7. The contract is concluded at the time when aT accepts the customer's offer. This happens either by sending the Goods or by sending an acceptance declaration, in which aT expressly states that a purchase contract is concluded. This acceptance declaration will be sent to the customer by email, letter, or fax at aT's discretion. The acceptance declaration is not to be confused with the confirmation of a customer's order (see section 3.4). This also applies if the customer has already paid the purchase price or instructed payment before the conclusion of the contract due to the payment method chosen by them. Insofar as aT cannot accept the customer's order in this case due to a lack of Goods availability or the contract does not come into effect for other reasons, aT will refund the advance payment.

3.8. The purchase contract is concluded with aT.

3.9. The order and the order data entered by the customer are stored in frame of the data protection regulations and can be requested from aT corresponding. The order data will be transmitted to the email address provided by the customer as frame the order confirmation.

4. Ordering Process for Services and Works

4.1. aT provides service power, performance on motorcycles and vehicle parts as well as other services and works (hereinafter: subject of the order) after prior written agreement.

4.2. Contracts between aT and the customer regarding services and works are concluded upon the customer's written acceptance of a written offer from aT.

4.3. The place of performance for services and works is, unless otherwise agreed in writing, aT's registered office.

4.4. The customer shall bring the subject of the order to the place of performance at the agreed date, at their own expense and risk. If the customer requests collection or delivery of the subject of the order, these shall be at their expense and risk. aT's liability for fault remains unaffected.

4.5. The customer expressly authorises aT to carry out tests with the subject of the order.

4.6. If necessary, the software status of the subject of the order will be changed by aT, e.g., with regard to the engine electronics. As far as technically possible, vehicle data will be temporarily encrypted and secured in this context. Irrespective of this, the customer is strongly advised to back up data and individual setting in the vehicle according to the operating instructions to avoid data loss. Software updates may also lead to modifications in the design of functional features.

4.7. Unless otherwise agreed in writing when placing the order, replaced or exchanged parts, whether new or used, shall become the property of aT.

5. Special Provisions for street and FIN-Related Items

5.1 Individual Goods from aT are exclusively designed for use in racing on specially designated tracks and are only to be used there. Insofar as individual Goods from aT are approved for use in public street, aT explicitly points this out.

5.2 aT points out that its Goods are designed and intended for use on standard vehicles. Insofar as a motorcycle is no longer in a standard condition, especially if changes have been made to the standard equipment of a motorcycle, aT assumes no responsibility or liability whatsoever that its Goods are compatible with these changes and that use in public street is permitted and/or eligible for approval.

5.3 aT's Goods are only manufactured by aT itself if aT expressly states this. aT points out that with Goods from other manufacturers, aT must rely on the manufacturer's specifications, particularly with regard to street approval. For Goods from other manufacturers, aT therefore assumes no responsibility for approval in public street.

5.4 FIN-related items are products for whose street approval the Vehicle Identification Number is required and must therefore also be provided in order to place an order with aT. These include, in particular, so-called moped reductions, throttle reports, power, performance conversions, tire approvals, etc. FIN-related items are generally created by aT upon customer request and according to the respective customer specifications. For expert opinions, aT guarantees that the prerequisites for acceptance by an officially recognised expert or an officially recognised expert organisation (e.g. TÜV, DEKRA, GTÜ, etc.) are met. However, the registration is based on the customer's information. The customer is responsible for the correctness of the entries. aT points out that the customer's information is not checked by aT and that aT assumes no responsibility or liability for the correctness of the information. In addition to the delivered item, the customer must also review the technical installation instructions. For expert opinions, the correctness of the Vehicle Identification Number (FIN) and the completeness of any parts (for power, performance conversions) must be checked against the enclosed parts list and any discrepancies reported immediately in writing. Claimed expert opinions and their installed parts may neither be entered in the vehicle documents nor installed before a final clarification.

5.5 aT does not assemble the Goods on the customer's vehicles. The installation of Goods purchased from aT must be carried out by a certified specialist workshop in the automotive trade or appropriately trained specialists. aT assumes no liability for proper installation by a third party.

5.6 aT points out that aT does not carry out TÜV inspections and/or other official authorisations. Each customer must check whether the prerequisites for a TÜV inspection of the respective vehicle are met. aT does not cover any costs in connection with a TÜV inspection or any other official action, regardless of the outcome of the respective inspection.

6. Prices and Payment Modalities

6.1. The prices listed in aT's online shop at the time of ordering apply. The stated prices are end-consumer prices iincluding the respective statutory value-added tax. The prices displayed in aT's online shop do not include shipping costs, customs duties or sales taxes levied in the country of receipt of the Goods.

6.2. Unless otherwise agreed in writing, aT's payment claims from the concluded contract are due for immediate payment.

6.3. aT reserves the right to change the prices of Goods displayed in the online shop and/or on other media at any time. In particular, aT also reserves the right to change, restrict or terminate any special offers or discounts at any time.

6.4. The payment methods accepted by aT are indicated at the start of the ordering process in the online shop. aT reserves the right not to offer certain payment methods. The customer generally has the following payment options, unless otherwise specified in individual cases:

Credit card

Advance payment

PayPal

Cash on delivery

6.5. In the case of a purchase by credit card, the credit card account specified by the customer will be charged upon dispatch of the order confirmation by aT.

6.6. If the customer chooses the advance payment method, aT will communicate its bank details and reference number in the acceptance declaration. The invoice amount must be transferred to the bank details provided there within a maximum of 10 days of receiving the order confirmation. aT reserves the ordered Goods for the customer until 10 days after dispatch of the order confirmation. The customer must state aT's reference number in the purpose of the respective bank transfer; otherwise, allocation of the payment cannot be guaranteed. After the invoice amount for the order has been credited, aT will prepare it for dispatch and send it to the delivery address specified by the customer.

6.7. When paying via PayPal, the customer is redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise themselves with their access data, and confirm the payment instruction to aT. After placing the order in the online shop, aT requests PayPal to initiate the payment transaction. Further information will be provided to the customer during the ordering process.

6.8 Cash on delivery is payable immediately net cash, i.e., without deduction of discount. Additional charges by carriers for cash on delivery shipments are borne by the customer.

6.9. Should the customer not have any of the payment options listed under section 6.4., they are free to contact aT: info@alphatechnik.de. aT will try to reach an individual agreement with the customer. aT asks for understanding that other payment options, such as “purchase on account” and “cash payment upon self-collection”, can only be granted in exceptional cases - there is no entitlement to this.

a. Purchase on Account

For a purchase on account, the invoice and delivery addresses must also be identical. When making a transfer, the customer must always state aT's reference number as the purpose of payment. Only in this case can aT clearly allocate the payment. The customer receives an invoice, which is due for payment within a period specified by aT and without deduction. If the customer does not pay the invoice by its due date at the latest, they will be in default even without a separate reminder, unless payment is withheld due to circumstances for which they are not responsible.

b. Cash Payment upon Self-Collection

In exceptional cases, cash payment upon self-collection of the Goods at aT's registered office is possible. The prerequisite is that the respective Goods are in stock on site at aT's registered office and that the customer pays for the Goods in full before taking them. aT points out that it does not keep all Goods in stock at its registered office. aT assumes no liability and no costs for the customer's travel to and from the premises or for the transport of the Goods in the event of self-collection.

6.10. By placing a chargeable order, the customer agrees to receive invoices and credit notes exclusively in electronic form.

7. Default in Payment

7.1. In the event of the customer's default in payment, aT is entitled to charge default interest at the statutory rate (Section 288 BGB). aT may demand a higher interest rate in individual cases if aT can prove greater damage.

7.2. In the event of default, aT is entitled to withhold or discontinue unperformed power, performance until all payments are made.

7.3. If the customer fails to meet their payment obligation by the due date at the latest, aT may, without waiving any other rights and claims available to it, choose to either terminate the contract or suspend further deliveries to the customer.

7.4. aT also reserves the right to charge reminder fees.

7.5. If, after the conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that aT's claim to the purchase price is jeopardised by the customer's inability to perform, we are entitled, in accordance with statutory provisions, to refuse performance and – if necessary, after setting a deadline – to withdraw from the contract (Section 321 BGB). In contracts for the manufacture of non-fungible items (custom-made products), aT may declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.

8. Customer's Right of Set-Off and Retention

8.1. The customer may only set off claims against aT if the customer's counterclaim is undisputed or right side R/S established. This does not apply to customer counterclaims arising from the same contractual relationship.

8.2. The customer may only assert a right of retention insofar as the counterclaim is based on the same contractual relationship and is undisputed or right side R/S established.

9. Delivery and Delivery Time

9.1. Deliveries are generally made from the registered office of aT.

9.2. Unless otherwise agreed in individual cases, aT shall determine the appropriate shipping method and transport company at its reasonable discretion. Collection of the Goods is usually possible with aT's prior written consent.

9.3. The prices of the Goods displayed in aT's online shop do not include shipping costs. These will be charged separately to the customer. The total price consisting of the price of the Goods and shipping costs will be displayed to the customer before they can be prompted to select the \"ORDER WITH OBLIGATION TO PAY\" button.

9.4. For deliveries to destinations in countries other than Germany, especially those outside the European Union, additional customs costs may apply to the customer. The prices displayed in aT's online shop do not include customs duties or sales taxes levied in the country of receipt of the Goods. Insofar as the customer requests the dispatch of the ordered Goods to a country other than Germany, particularly one outside the European Union, the customer is responsible for customs clearance, as well as for other duties and taxes related thereto. If the customer does not arrange for the transport of the Goods by a carrier themselves, aT remains responsible for the export declaration only at the customer's expense, insofar as such is required in individual cases. aT assumes no responsibility for successful customs clearance and does not bear any related costs, unless otherwise agreed in writing in individual cases.

9.5. Packaging costs for Goods deliveries are included in the shipping costs. Insofar as shipping costs are listed on aT's homepage (alphatechnik.de), these details are non-binding. Actual shipping costs may vary in individual cases.

9.6. Disposal of packaging after delivery of Goods is at the customer's expense. Where regulations for the disposal of certain materials exist at the place of delivery, the customer must observe these. aT assumes no liability for correct disposal by the customer.

9.7. Should separate shipment be necessary for technical or logistical reasons, for example, if an order contains items that need to be packaged separately or transported differently, aT reserves the right to do so.

9.8. aT strives to process and dispatch all incoming orders promptly. Information regarding delivery dates is non-binding and subject to unforeseen circumstances and obstacles, regardless of whether these occur at aT, with an appointed service provider and/or supplier, particularly in cases of force majeure, governmental measures, especially under the Infection Protection Act (IfSG) or a comparable, also foreign, statutory regulation, non-issuance of official permits, labour disputes of any kind, sabotage, raw material shortages, or late material deliveries for which aT is not responsible. Such events shall extend the delivery or power, performance deadline corresponding, even if they occur during a delay already incurred by aT. Any grace period set by the customer in such a case shall also be extended by the duration of the unforeseen event. aT shall not be liable for damages in such events, and in particular, there is no obligation for aT to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. Where possible and reasonable, aT will inform the customer of delays. If such events lead to a power, performance postponement of more than two months, the customer may – irrespective of other rights of revocation and withdrawal – withdraw from the contract.

9.9. For special shipping requests (e.g. overnight, express delivery, etc.), these will be fulfilled if possible against an additional charge. However, the customer has no claim to a specific shipping method in individual cases.

9.10. Delivery will be made to the delivery address provided by the customer. Deliveries are only made to adults. The customer confirms that any person named in the delivery address is authorised to accept the shipment.

9.11. The risk of loss or damage to the ordered Goods passes to the customer at the time of delivery in accordance with section 9.10. (transfer of risk). However, if the customer is responsible for the dispatch of the Goods, delivery, including the transfer of risk, occurs to the customer at the moment the Goods are handed over to the carrier, irrespective of any claims the customer may have against the carrier. Insofar as the customer undertakes the dispatch, they are also responsible for customs clearance, as well as for other duties and taxes related thereto, as these are usually part of the transporter's services.

9.12. In the event that aT has specified a delivery time in an individual case and delivery cannot be met for reasons attributable to the customer, the customer may be charged a reasonable fee for a new delivery at a new delivery time/date, which will then be agreed upon in writing between aT and the customer.

9.13. If aT is unable to contact the customer to arrange the delivery date, aT may grant the customer a period of 30 days within which a delivery attempt will be made. Without prejudice to the right to withdraw from the purchase according to section 16 below, if the customer does not accept delivery within this period, aT may also withdraw from the purchase contract and charge the customer all delivery costs as well as other incurred damages.

9.14. In the event that a delivery time has been agreed between aT and the customer, the occurrence of a delivery delay is determined by statutory provisions. In any case, however, a written reminder from the customer is required.

9.15. The customer's rights according to section 13 of these GTC and aT's statutory rights, especially in case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of power, performance and / or subsequent performance), remain unaffected by the above regulations in section 9.

10. Retention of Title

The delivered Goods remain the property of aT until the customer has paid all outstanding amounts in full to aT. This also includes payment of costs from earlier or later deliveries or partial deliveries. The customer may not sell, dispose of, or encumber the Goods before title has passed to them. In the event of actual or threatened attachments, seizures, or other encumbrances, the customer must immediately notify aT in writing.

11. Acceptance or Collection

11.1. The customer is obliged to accept the Goods or, if no dispatch has been agreed, to collect the subject of the order within 1 week of receipt of the completion notification and handing over or sending of the invoice. In the event of non-acceptance of the subject of the order, aT may exercise its statutory and contractual rights. For power, performance performed by aT within one working day, the aforementioned period is reduced to 2 working days.

11.2. In case of default in acceptance, aT may charge the locally customary storage fee. Costs and risks of storage shall be borne by the customer.

12. Liability for Defects

12.1. Any minor optical deviations and/or other variations in Goods compared to their representation in the online shop or other media may be due to different image captures, display technologies, or other technical reasons. aT is not liable for these variations and deviations.

12.2. Insofar as the Goods are racing parts, performance-optimising tuning parts and accessories, which serve to achieve maximum speeds or are used in racing, liability for defects is excluded.

12.3. If any other Goods purchased from aT are defective, aT shall provide subsequent performance at the customer's discretion by means of a free replacement delivery, repair, or reimbursement of the expenses necessary for rectifying the defect. aT may refuse the type of subsequent performance chosen by the customer in accordance with Section 439 (4) BGB. The customer must make the defective Goods available to aT for subsequent performance in accordance with Section 439 (5) BGB.

12.4. aT is entitled to commission third parties with the subsequent performance for defects.

12.5. A defect is deemed sufficiently remedied if this enables a contractual number-plate bracket of the delivered item.

12.6. A prerequisite for asserting claims for defects against aT is the proper installation of the Goods purchased from aT by a certified specialist workshop in the automotive trade or appropriately trained specialists, and, for parts requiring registration, an assessment by a recognised expert organisation (e.g., TÜV, DEKRA, GTÜ, etc.) with confirmation on the parts certificate or entry in the vehicle documents.

12.7. Liability for defects extends to all manufacturing and material defects, but only insofar as they occur during intended use. However, aT is not liable for damages resulting from improper handling, including care and maintenance products.

12.8. aT bears no liability for defects in Goods that:

- originate from a source other than aT's online shop and/or were not dispatched and/or handed over by aT,

- were damaged by incorrect or improper handling or negligence within the meaning of Section 276 (2) BGB (e.g., through contact with chemicals, corrosive substances, open flame, intense heat, or sharp objects).

12.9. aT's Goods are adapted to the original, standard condition of the vehicles. The scope of use of aT's Goods does not specifically refer to optional special equipment from vehicle manufacturers and/or third-party accessories. Should the Goods offered by aT not be combinable with technically modified vehicles, there is no material defect in the offered Goods. aT assumes no liability for the installation and use of the Goods on vehicles that are not in a standard condition.

12.10. The number-plate bracket life of any of aT's Goods depends on the respective user, the number-plate bracket conditions, and the individual wear pattern of each person. If aT's Goods have worn out through normal wear to the point of unsuitability or if the typical number-plate bracket life of a product has been exceeded, there is no claim for replacement or other compensation.

13. Liability

13.1. The installation and setting of safety-relevant vehicle components and parts, such as brake components, may only be carried out by a certified specialist workshop in the automotive trade or appropriately trained personnel. Incorrect assembly, missing or incorrect ergonomic adjustment, or faulty operation (especially of the brake lever and, if present, the remote adjustment mechanism) can lead to restricted freedom of movement of the brake lever, which results in reduced brake power. To ensure full freedom of movement and sufficient lever travel of the brake lever, the positioning and setting must be checked before starting a journey (and if necessary, during operation). Factors such as the wear of the brake pads or thermal load during the ride (and thus “pressure point migration”) must be taken into account. Depending on the combination of installed components and externa influences, component collisions can occur, which in extreme cases can lead to reduced brake power. aT is not liable for this. If necessary, please contact us by email at: info@alphatechnik.de.

13.2 aT is liable for damages resulting from injury to life, body, or health based on a wilful or negligent breach of duty by aT, a legal representative of aT, or an auxiliary person of aT. This applies to the extent of aT's statutory obligation for such liability due to the Goods sold or the service rendered, i.e., not for damages to life, body, and health that the customer suffers due to the typical sports use of the Goods (see also section 13.7).

13.3. For other liability claims, aT is liable without limitation only for intent and gross negligence of a legal representative and auxiliary person.

13.4. For slight negligence, aT is only liable if a duty is violated whose observance is of particular importance for the achievement of the contract purpose (cardinal duty). In the event of a slightly negligent breach of a cardinal duty, liability is limited to five times the net remuneration owed by the customer for the ordered Goods and to such damages as can typically be expected to arise in the frame of contract fulfilment.

13.5. Any liability is limited to compensation for direct damages. Liability for indirect personal, material, or financial damages, in particular for loss of profit, business interruption, and production downtime, as well as for other consequential damages, is excluded insofar as legally permissible.

13.6. The limitations of the preceding provisions also apply in favour of aT's legal representatives and auxiliary persons if claims are asserted directly against them.

13.7. aT points out that some of its Goods are exclusively designed for use in racing on specially designated tracks and are only to be used there. Insofar as individual Goods from aT are approved for use in public street, aT explicitly points this out. If the customer or a third party nevertheless uses the respective Goods from aT in public street, aT assumes no responsibility whatsoever and bears no liability for any resulting damages and/or costs, such as fines or other official warnings.

13.8. aT points out that motorcycle driving carries special dangers and risks for life and limb as well as the integrity of the motorcycle used, and that the respective rider consciously enters a situation of impending self-endangerment. When using a motorcycle, the respective rider is always solely responsible for their own health and physical integrity, as well as the integrity of the motorcycle used. Before each journey, the rider must check the motorcycle, i.e., all components, for its functionality and setting on their own responsibility. aT assumes no liability for the risks and dangers associated with motorcycle driving itself, and in particular with racing and especially with achieving the highest possible speed and/or best times.

13.9. If the customer is not the rider themselves, they are obliged to inform riders of this limitation of liability, preferably in writing.

14. Statute of Limitations

14.1 Customer claims for defects shall become time-barred two years after the delivery of the Goods purchased from aT, unless otherwise agreed in writing in individual cases.

14.2. Customer claims for defects in the subject of the order (cf. section 4) shall become time-barred two years after the performance of the power, performance and its acceptance, unless otherwise agreed in writing in individual cases.

14.3. The foregoing provisions do not apply to damages based on grossly negligent or wilful breach of duties by aT, its legal representative or its auxiliary person, nor to injury to life, body and health, or to claims due to fraudulent concealment of a defect or the absence of a quality for which aT has given a guarantee, or to claims under the Product Liability Act. In these cases, the statutory provisions remain applicable.

15. Copyright and Other Intellectual Property Rights

All content on the website www.alphatechnik.de, including texts, images, graphic representations, audio and video files, are - unless expressly stated otherwise - the property of aT or its suppliers. This copyrighted content may only be used for private, i.e., non-public or commercial purposes, without consent. Downloads, reproductions, modifications, translations and/or other processing of the content require prior written consent from aT. Unauthorised and/or improper use of all registered trademarks and logos of aT is prohibited. aT points out that a violation of copyright or other intellectual property rights may result in civil and/or criminal consequences.

16. Right of Withdrawal for Consumers

As a consumer within the meaning of the German Civil Code (BGB) (any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, Section 13 BGB), you have a statutory right of withdrawal. Further information can be found in the INSTRUCTIONS ON WITHDRAWAL:

INSTRUCTIONS ON WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last Goods.

To exercise your right of withdrawal, you must inform us (Alpha Technik GmbH & Co. KG, Kronstaudener Weg 1, D-83071 Stephanskirchen) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or by email to: info@alphatechnik.de). You may use the attached model withdrawal form, but this is not obligatory.

Model Withdrawal Form:

Alpha Technik GmbH & Co. KG

Kronstaudener Weg 1

D- 83071 Stephanskirchen

Email: info@alphatechnik.de

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods / the provision of the following service or work: ____________________ (Name of Goods; Name of Service/Work).

Ordered on: ____________________ (Date)

Received on: ____________________ (Date)

Name of consumer(s): ____________________

Address of consumer(s): ____________________

____________________

Signature of consumer(s) (only for notification on paper)

____________________

(Date)

(*) Delete as appropriate.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to withdrawright side R/S before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

You shall send back or hand over the Goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Goods before the period of fourteen days has expired and can provide proof thereof.

You will bear the direct cost of returning the Goods.

You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts:

- for the supply of Goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or that are clearly tailored to the consumer's personal needs (e.g., in the case of individual power, performance conversions, custom-made/adapted vehicle components),

- for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery,

- for the supply of Goods which, after delivery, are inseparably mixed with other items due to their nature,

- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

17. Batteries and Other Disposables Requiring Special Disposal

aT points out that any batteries, oils, other lubricants, and other component that may be installed and/or supplied in individual cases, which are subject to special disposal obligations, must be disposed of according to the regulations of the respective place of disposal.

18. Final Provisions

18.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory international consumer protection law dictates otherwise. Customers habitually resident in a state that belongs neither to the European Union (EU) nor the European Economic Area (EEA) can only be buyers if they conclude the contract in the exercise of their commercial or independent professional activity. By agreeing to these GTC, these customers confirm the conclusion of the contract for the purpose of their commercial or independent professional activity. For contracts with entrepreneurs (Section 14 BGB), the deviating GTC of aT apply (https://alphatechnik.de/info/agbs-b2b/).

18.2. deleted

18.3. The contract language is German.

18.4. For reasons of readability, the masculine form is used for personal designations and personal nouns in these General Terms and Conditions. Corresponding terms generally apply to all genders in the sense of equal treatment. The shortened linguistic form implies no valuation. Headings above the individual sections of these GTC have no independent regulatory content and serve only for clarity.

18.5. Written form, in the frame of these General Terms and Conditions, means by letter, by fax or in text form (Section 126 b BGB).

18.6. Amendments, ancillary agreements, or additions require written form to be effective. If they do not comply with this, they are null and void. This also applies to amendments to this written form clause.

18.7. Should a provision of this contract be invalid, void, or unenforceable for legal or factual reasons (invalid provision), this shall not affect the remaining contractual provisions. Instead of the invalid provision, that right side R/S regulation shall be deemed intended and agreed upon which comes closest to the meaning and purpose of the invalid provision and the entire contract, as well as good faith, taking into account commercial practice. This also applies corresponding in the event of a contractual loophole.

18.8. The place of performance is aT's registered office. Insofar as legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the court responsible for aT's registered office.

Stephanskirchen, [24.02.2023]

Alpha Technik GmbH & Co. KG