The following General Terms and Conditions ("GTC") of Alpakas Technologies GmbH based in Berlin ("Seller", "we" or "us") govern the use of the Alpakas App ("App") and the contractual relationship between us on the one hand and you ("Buyer", "User" or "you") on the other hand.
2 Conclusion of contract
4 Retention of title
5 Payment, due date, default of payment
6 Prices / Delivery / Shipping costs
7 Deposit items
9 Damage in transit
10 Right of revocation
11 Exclusion of the right of withdrawal
12 Limitation of liability
13 Data protection
14 Applicable law and place of jurisdiction
15 Consumer dispute resolution
16 Protection of Minors
18 Promotion vouchers and their redemption
19 Gift Vouchers and their Redemption
20 Amendment of the General Terms and Conditions
21 Final provisions
§ 1 General and Definitions
(1) All deliveries and services provided by the Seller to the Buyer shall be based on these GTC. By placing an order, the Buyer agrees to these GTC without any restrictions. If the Buyer does not agree to these GTC, he may not place an order.
If Buyer is ordering goods on behalf of a corporation, company or organization (collectively, "Organization"), Buyer represents and warrants that Buyer (a) is an authorized representative of such Organization and (b) has the authority to bind such Organization to these GTC. These GTC are offered in German language only.
(2) The version of the GTC valid at the time of the conclusion of the respective contract shall be authoritative.
(3) We do not accept any deviating terms and conditions of the customer. This shall also apply if the customer refers to these terms and conditions in declarations and we do not expressly object to their inclusion.
(4) In addition, the terms and conditions of the Apple App Store ("App Store") and Google Play ("Google Play"), which the user agrees with the provider of the App Store and Google Play, shall apply.
(5) Insofar as special rights and obligations are agreed in these GTC only for consumers pursuant to § 13 BGB or only for entrepreneurs pursuant to § 14 BGB, the following definitions shall apply:
(6) "Consumer" within the meaning of § 13 BGB is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity.
(7) "Entrepreneur" within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Use of our website and application
You can order goods on our website or our application as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account with your e-mail address and the password freely chosen by you during registration before or during an order. Registration alone does not imply any obligation to purchase the goods offered by us. For information on the processing of your data, please read our data protection information, which you can access at the following link: https://www.alpakas.app/pages/datenschutz. With the registration you choose a personal username and password.Before placing an order, a delivery address must be specified. The customer is responsible for ensuring that the information he or she provides is always current and truthful.
We reserve the right to temporarily or permanently block individual customers from using the platforms for good cause. The customer will be informed about the block and its duration. During the period of blocking, we are entitled to reject orders placed by the customer and to refuse to execute them. Good cause shall be deemed to exist in particular if
the customer repeatedly refuses to accept deliveries without justification;
the customer shows behavior towards the delivering drivers that violates the applicable legal system or is otherwise socially and ethically disapprovable.
the customer violates essential obligations under these GTC.
The customer shall ensure that unauthorized persons do not gain access to the terminal device used for ordering and/or the data necessary for ordering via the customer's user account. If the customer violates this obligation, the customer shall be liable for all activities originating from its user account that are caused by this violation of obligations, unless the customer is not responsible for them.
The customer is prohibited from (i) using or attempting to use another person's user account and/or accessing or using another person's personal payment data, (ii) creating a user account using a forged identity or an identity of another person, or (iii) accessing the platform by any means other than through the access facilities provided by alpakas.
The customer shall notify alpakas immediately upon becoming aware of any unauthorized use of its user account.
Alpakas shall endeavor to ensure the continuous accessibility of the app, but shall not assume any liability for its permanent availability.
§ 3 Conclusion of contract
(1) The product presentations in the app are not binding offers by the seller, but merely represent an invitation by the seller to the buyer to make a purchase offer to the seller himself. In particular, placing goods in the shopping cart does not create a purchase contract between the buyer and the seller. The product representations do not always have to match the appearance of the delivered products. Claims for defects do not exist in this respect insofar as the changes are reasonable for you and do not deviate from a quality agreement.
(2) By sending the order via the app by clicking the button "Buy now", the buyer makes a binding offer for the goods placed by him in the shopping cart at the price shown. The minimum order value is 0.00 euros.
(3) After placing the order, a binding contract with us is concluded when the order is accepted by an order confirmation displayed immediately in the app and/or the buyer is automatically prompted to select the method of payment desired by him. Payment of the purchase price becomes due upon conclusion of the contract. If the delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, no order confirmation will be sent to the buyer or the buyer will not receive a request to select the payment method. In this case, a contract is not concluded, about which the buyer will be informed immediately. If goods, which the buyer has bindingly ordered according to sentence 1, are exceptionally not available, we will inform the buyer immediately after we have become aware of such a circumstance. In such a case, we will refund the purchase price already paid for the affected goods via the respective payment method or, if necessary, coordinate with the customer individually whether a replacement product of equal value from the customer's point of view can be delivered against maintenance of the payment obligation.
(4) Goods can only be ordered in customary quantities.
(5) The Buyer can view, download or save the currently valid GTC of the Seller at any time at www.alpakas.app.
§ 4 Delivery
(1) Unless otherwise agreed prior to the conclusion of the contract, the goods shall be delivered to the address and/or person selected by the Buyer during the ordering process in our delivery area within Germany. Deliveries to other countries / persons are excluded.
(2) Please note that goods which are subject to the regulations for the protection of minors (e.g. tobacco products, alcoholic beverages, etc.) will only be delivered to customers of full age (i.e. persons over the age of 18), who must identify themselves by means of an identity card upon delivery. A delivery of the ordered goods to persons under 18 years does not take place. In addition, the delivery of the ordered goods will only be made to the customer personally. For this purpose, we are entitled to demand the presentation of an identity card or a comparable official document (passport, driver's license, etc.) upon delivery. If the delivery cannot be handed over due to insufficient age verification and/or insufficient personal identification, the additional costs for the return of the order shall be borne by the customer. In addition, the age of majority must be confirmed during the order process.
(3) The date of delivery of the goods to the Buyer by the Seller shall be specified by the Buyer when placing the order.
(4) Delivery will be made only against payment of the agreed shipping costs.
(5) We point out that the Seller bears the risk of loss or damage of the goods in transit, regardless of transport insurance, if the Buyer is a consumer within the meaning of § 13 BGB (see § 1 paragraph 5 of the GTC).
(6) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 6 of the GTC), the risk of accidental loss or damage to the goods in transit shall pass to the Buyer upon delivery of the goods to a carefully selected transport company, if such a company is used. This also applies if the service is provided in several parts.
(7) If several goods are ordered, the delivery shall be made uniformly. Unless otherwise agreed, partial deliveries are generally not possible. Partial deliveries may be made at the request of the Buyer. In this case, the additional shipping costs incurred shall be borne by the Buyer.
§ 5 Retention of title
The ordered goods remain the property of the seller until full payment. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.
§ 6 Payment, Due Date, Default of Payment
(1) The purchase price for the ordered goods and for any delivery and shipping costs must always be paid immediately after the conclusion of a valid contract.
(2) Payment in installments requires prior coordination/agreement with the Seller.
(3) In the event of default of payment, the Seller shall be entitled to withdraw from the contract after expiry of a reasonable period for performance.
§ 7 Prices / Delivery / Shipping Costs
(1) Only the purchase price of the goods displayed in the app applies. All prices in the app are inclusive of the VAT applicable to the specific product. The value added tax is shown separately for each product. The current total value of the shopping cart is shown to the customer at any time in the shopping cart or in the order overview.
(2) The separately stated delivery and shipping costs apply to delivery / shipping within Germany and will be clearly communicated to the buyer before submitting his contractual declaration.
(3) We offer a selection of payment options, each of which is indicated in the app. The terms and conditions of the selected payment option apply in each case.There are no separate fees.
§ 8 Deposit items
(1) In the case of beverages on whose packaging a deposit is charged (deposit goods), the deposit shall be automatically added to the price shown and the amount of the deposit shall be shown separately.
(2) Deposits can be returned to all Alpakas warehouses in exchange for a deposit refund or to the delivery company in the event of a further delivery.
(3) The deposit refund shall be made via the payment method selected when the order was placed, unless otherwise agreed.
§ 9 Warranty
(1) If the purchased and delivered goods are defective, the Buyer's claims against the Seller shall be governed by the statutory provisions.
(2) If the Buyer is a consumer within the meaning of § 13 of the German Civil Code (BGB) (see § 1 para. 5 of the General Terms and Conditions), the limitation period for warranty claims for new items shall be 24 months from delivery of the item.
(3) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 6 of the GTC), the limitation period for warranty claims for new items shall be one year from delivery of the item. No warranty shall be assumed for used items vis-à-vis an entrepreneur.
(4) Damage caused by improper or non-contractual measures of the Buyer, during installation, connection, operation or storage, shall not give rise to any claim against the Seller. The impropriety and lack of conformity with the contract shall be determined in particular in accordance with the information provided by the manufacturer of the delivered goods.
(5) If the Buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 6 of the General Terms and Conditions), he shall only be entitled to warranty claims due to existing transport damage if he has complied with his obligation to inspect and notify in accordance with § 9 of these General Terms and Conditions.
§ 10 Transport damage
If the Buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 6 of the GTC), he shall inspect the goods for transport damage immediately upon receipt. Any ascertainable transport damage must be reported to the Seller in writing without delay. Packaging damage must be confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, the notification must be made immediately after discovery.
§ 11 Right of withdrawal
If you purchase our goods for a purpose that can be attributed neither to your commercial nor your independent professional activity, the following provisions apply to you as a consumer within the meaning of the law (§ 13 German Civil Code):
Right of withdrawal
You have the right to cancel 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, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Alpacas Technologies GmbH
c/o WeWork Atrium Tower
by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We will pick up the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
- To Alpakas Technologies GmbH, Kastanienallee 50 10119 Berlin, Germany, E-Mail: email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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)
(*) Delete where inapplicable.
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not exist by law in distance contracts
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
- for the delivery of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
- in all other cases specified in Section 312g (2) of the German Civil Code (BGB).
(2) The right of withdrawal shall also expire in the case of a contract for the provision of services if the Entrepreneur has provided the service in full and has only started to perform the service after the Consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Entrepreneur.
§ 13 Limitation of liability
(1) The Seller shall be liable without limitation in accordance with the statutory provisions,
insofar as the Buyer asserts claims
a.) which are based on an intentional or grossly negligent breach of duty by the Seller,,
b.) as well as in cases of the assumption of a quality guarantee,
c.) in case of fraudulent concealment of defects and
d.) in the case of injury to life, body and health, which is based on an intentional or negligent breach of duty by the seller.
e.) Furthermore, we shall only be liable (with the exception of the cases mentioned in the first sentence above) for the negligent breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
Insofar as the Seller provides services free of charge, he shall only be liable in accordance with the above § 12 (1) sentence 1.
(2) The limitation period for claims for damages in the case of item e.) above shall be limited to 1 year from the statutory commencement of the limitation period vis-à-vis entrepreneurs.
The limitation period for claims for damages in the case of point e.) above is limited to 1 year from the statutory commencement of the limitation period in relation to consumers.
In other cases, the statutory limitation periods shall apply.
(2) Liability under the Product Liability Act remains unaffected.
(3) Any liability of the Seller exceeding the above is excluded.
(4) The above exclusions and limitations of liability shall also apply with regard to the liability of the Seller's employees, representatives and vicarious agents.
§ 14 Data protection
When processing personal data, we comply with the statutory provisions. We process personal data as specified in our data protection regulations. You can find them here.
§ 15 Applicable law and place of jurisdiction
(1) All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of law provisions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the user is a consumer, he shall, notwithstanding this, also be entitled to the protection of the mandatory provisions of the law that would be applicable without this clause in accordance with Article 6 (2) of Regulation (EC) 593/2008.
(2) For disputes arising from or in connection with the delivery of the goods and/or these GTC, the exclusive place of jurisdiction shall be Berlin, if the Buyer is a merchant or if the Buyer is a legal entity under public law or a special fund under public law or if the Buyer does not have a permanent residence in Germany, if the Buyer has moved its residence or habitual abode abroad after these GTC have become effective or if the residence or habitual abode of the Buyer is not known at the time the action is filed.
§ 16 Consumer Dispute Resolution Procedure
(1) We point out that we are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board. Rather, we always endeavor to resolve any conflicts with our customers ourselves.
(2) The EU Commission has set up an internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform can be reached at www.ec.europa.eu/consumers/odr/.
§ 17 Protection of Minors
(1) Goods subject to legal sales restrictions shall only be handed over to persons who meet the legal requirements. The employees of Alpakas Technologies GmbH may demand the presentation of an official photo ID for this purpose.
(2) It is possible to order alcoholic goods and tobacco products. Alpakas points out that alcoholic goods and tobacco products are only issued to persons over 18 years of age (cf. also § 3 para. 2).
§ 18 Copyrights
The Alpakas app is protected by copyright. We grant you the non-exclusive, non-sublicensable and non-transferable right, limited in time and revocable at any time, to use the app to order goods in accordance with these GTC via the app. Any further use of the App, including the displayed images, signs, symbols or product descriptions, is not permitted without our express consent. When using the App, you are in particular prohibited from mass extracting the information displayed on the App, in particular regarding the goods offered on the App (e.g. by so-called "scraping") and/or from further using the information outside the App.
§ 19 Promotion vouchers and their redemption
(1) Promotion vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific validity period.
(2) Promotional vouchers can only be redeemed during the specified period and only once as part of an order transaction. Individual brands may be excluded from the voucher promotion. Promotion vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
(3) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
(4) Promotion vouchers can only be redeemed before the order process is completed. A subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other, unless we have agreed otherwise.
(5) If you have used a promotional voucher in your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your revocation - the total value of the order falls below or equals the respective value of the promotional voucher.
§ 20 Gift vouchers and their redemption
(1) Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of alpakas articles, but not for the purchase of other gift vouchers. If the credit of a gift voucher is not sufficient for the order, the difference can be made up with the offered payment options. Gift certificates and credits can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
(2) Cancellation of a Gift Certificate purchase may be made by our Customer Service Department only if the Gift Certificate has not yet been redeemed. A gift voucher is considered redeemed when it has been charged against an order or credited to the credit account. Promotional vouchers cannot be used to purchase gift certificates. More than one gift certificate can be used with an order. Gift vouchers can be combined with one promotional voucher per order.
§ 21 Change of the GTC
(1) We reserve the right to change our GTC at any time, unless this is unreasonable for the user. For new contract conclusions, the GTC in the version valid at the time of contract conclusion shall then apply.
(2) In the case of an ongoing continuing obligation, we will notify you of a change to the GTC for at least 4 weeks by means of a push notification within the app or by e-mail. If you do not object within this 4-week period or open the app again, the amended GTC shall be deemed accepted with effect for the future and shall become part of the contract at the time they take effect. We will inform you of the effect of silence and the significance of the 4-week period in the notification containing the amended terms.
An amendment of the GTC shall be considered in particular if
the changes or adjustments are only advantageous for the users,
the changes or adjustments are necessary in order to comply with applicable law, in particular also if the applicable legal situation changes, or in order to comply with a court ruling or an official decision,
if the changes or adaptations have no significant impact on functions of the Services or are of a purely technical or organizational nature, or
this concerns additional, completely new services or performances which require a description in the GTC, unless this would be disadvantageous for the current usage relationship.
(3) The above paragraph (2) does not apply to such changes that would lead to a change in the equivalence ratio of service and consideration or to a reorganization of the contractual structure as a whole. In this case, we will offer to continue the contract on the original terms.
§ 22 Final Provisions
(1) The contract language is German.
(2) The invalidity of one or more provisions of this contract shall not affect the validity of the remainder of the contract. The invalid provisions shall be replaced by the applicable statutory provisions.