General Terms And Conditions

1. Validity of the conditions

All offers available in our online shop www.shop.almaro.net and contracts concluded via this online shop are subject to these General Terms and Conditions (GTC) in the version valid at the time of ordering. By placing an order, the customer is deemed to have accepted the General Terms and Conditions valid at the time of the order. Any conditions of the customer that deviate from these do not apply unless we have agreed to their validity in writing.

2. Contractual partner

When you shop on www.shop.almaro.net you enter into a contract with:

Almaro Uniform Fashion GmbH, FN 315833k,

Oberndorf 3a, A-6341 Ebbs,

hereinafter referred to as “Almaro” or “We”.

3. OFFER AND CONCLUSION OF CONTRACT

All offers in our online shop are subject to change.

By clicking the “Order with obligation to pay” button, you are making a binding offer to conclude a purchase contract with us.

We will confirm receipt of your offer by sending an automatically generated email to the address you provided (“order confirmation”). This email does constitute acceptance of your offer. Please check the order details in the order confirmation. If you find an error, please let us know as soon as possible.

4. DELIVERY CONDITIONS AND DELIVERY TIMES

Our offers are aimed exclusively at entrepreneurs within the meaning of the Consumer Protection Act (KSchG) with headquarters in Germany, Austria, France and Croatia.

We currently only offer delivery of goods to customers in Germany, Austria, France and Croatia.

After receiving the franchisee's order, we need a maximum of five working days to ship the goods.

The delivery times listed in the online shop on the “Shipping costs and delivery conditions” subpage apply. These are approximate figures. If there are different delivery times for a specific product, these are listed directly on the product page. Delivery dates and delivery times agreed individually with a customer are only binding if they have been confirmed by us in writing.

Fixed transactions cannot be agreed.

As soon as the goods have been handed over to a person entrusted with the dispatch by us, the risk is transferred to the customer. Unless otherwise agreed, the goods must be sent uninsured.

We are entitled to carry out the order in partial deliveries even without the customer's request. In this case, we will bear any additional shipping costs incurred.

If we are unable to meet the delivery date, we must inform the customer of this as soon as possible.

If we are prevented from meeting delivery deadlines due to force majeure (e.g. strikes, natural disasters, official measures) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period is extended by the duration of these events. Claims for damages are excluded in these cases.

After the expiry of the delivery periods listed under "Shipping costs and delivery conditions" or individually agreed (including any extended delivery period due to force majeure), a subsequent delivery period of 3 weeks will be set in motion without explanation. After the subsequent delivery period has expired, the mutual withdrawal from the contract is deemed to have taken place, excluding claims for damages, if the customer does not demand that the contract be fulfilled within a further 2 weeks.

Before the expiry of the subsequent delivery period, claims by the customer due to late delivery are excluded.

If the goods are not accepted on time due to the customer's fault, we have the right to choose, after setting a reasonable grace period, either to issue an invoice for arrears or to withdraw from the contract and have the customer compensate us for the damage we have incurred (damages).

5. PRICES, SHIPPING COSTS, PAYMENT TERMS

The prices listed in our web shop are in EUR from the German warehouse in D-04571 Rötha, including standard packaging and plus all taxes and shipping costs. Shipping costs are always borne by the customer and can be found on the “Shipping costs and delivery conditions” subpage.

The amounts stated at the time of ordering apply. We will inform you again about the prices, taxes and shipping costs in the order summary before completing the order.

The payment methods accepted in our online shop are listed on the “Payment methods” subpage. There you will find all the details about the associated payment terms and any fees.

Unless we agree otherwise with you, the invoice amount is due for payment without deductions within 30 days of receipt of the invoice. In the event of default, we are entitled to charge default interest of 10% p.a. Our obligation to perform is suspended for the duration of the delay in payment.

14 days after the expiry of the payment deadline, we will remind the customer to pay the invoice amount including late payment interest and reminder fees amounting to € 10.00. If we are unable to determine receipt of payment within seven days of sending the first reminder, we will remind the customer again with the threat of legal action and asserting the invoice amount including default interest, the previous reminder fees of € 10.00 and further reminder fees of € 15.00. If we are unable to determine receipt of payment within a further seven days of sending the second reminder, a debt collection agency and, if necessary, legal assistance will be sought.

If the customer is in arrears with a due payment or if his financial circumstances deteriorate to such an extent that the timely payment of further deliveries appears to be at risk, we can demand an advance payment for outstanding deliveries from any current contract before delivery of the goods.

6. RETENTION OF TITLE

All goods delivered by us remain the property of ALMARO until the price has been paid in full.

7. WARRANTY AND LIABILITY

You must inspect the goods within a reasonable period of time, but at the latest within seven working days of receipt, and report any defects immediately by email to shop@almaro.net. In the case of hidden defects, a complaint must be made immediately after the defect is discovered or as soon as the defect becomes apparent. Otherwise the goods are considered approved.

Warranty claims expire six months after receipt of the goods. Liability for wear and tear that goes beyond the intended use of the goods is excluded. Any warranty claims cannot be assigned.

If complaints are justified, we have the right to improve or deliver defect-free replacement goods. Improvements and replacement deliveries must be made within ten days of receipt of the returned goods.

We are only liable for damages that we or our vicarious agents have caused to you intentionally or through gross negligence. This does not apply to liability for personal injury. To the extent legally permissible, the replacement is limited to the invoice value of the goods directly involved. Compensation for consequential damages and lost profits is excluded.

8. COPYRIGHTS

The information in our online shop including all images, drawings, designs, photographs, video clips, texts and descriptions as well as all content are protected by copyright, trademark or otherwise and are the intellectual property of ALMARO or licensed or the property of the corresponding manufacturers.

The name “ALMARO” and the ALMARO logo are registered trademarks of ALMARO.

It is not permitted to display, copy and distribute our online shop. However, this does not apply to placing an order in our online shop or using our online shop as a shopping source, provided you respect all copyright and reservations of title.

Except in connection with an order via our online shop, no content from our online shop may be copied, reproduced, distributed, published, displayed, sent electronically or by post or recorded without obtaining the prior written consent of us or the relevant trademark or copyright owner.

9. FINAL PROVISIONS

The place of performance is our company’s headquarters in 6341 Ebbs, Republic of Austria.

Every contract concluded in our online shop or claims in connection with a contract concluded in our online shop are subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the reference standards to other legal systems.

The exclusive place of jurisdiction is 6341 Ebbs, Republic of Austria.

The contract language is German. The contract will not be saved. We recommend that you archive our order confirmation and the general terms and conditions attached as an attachment.

With regard to data protection, we refer to our data protection declaration, which is available under “Data protection”.

Should a provision of these General Terms and Conditions or a provision within the framework of other agreements be or become ineffective, this will not affect the effectiveness of all other provisions or agreements. In such a case, the legally invalid provisions are deemed to be replaced by legally valid ones that come closest to the economic and legal purpose of the legally invalid provisions and correspond to the overall purpose of these General Terms and Conditions.