Distance Sales Contract

I.        Provider’s legal information



53 E 34th St floor 3, New York, NY 10016, United States

Telefon:  0176 30422316

Fax:  0221 34892011

E-Mail: [email protected]

II.        AGB´s von Alan (softsht.com)

Terms and Conditions of Alan, owned by Alan, New York

§ 1 Validity of the conditions

1. The deliveries, services and offers are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted at the latest upon receipt of the goods or services.

General terms and conditions of the buyer, in particular purchasing conditions, are hereby rejected, i.e. they will not be recognized even if I do not expressly contradict them again after I have received them.

2. All agreements that are made between me and the buyer for the purpose of executing this contract are set out in writing in this contract. Deviations from these terms and conditions are only effective if I confirm them in writing.

3. My goods are only sold to people of legal age and only to people who are also resident in the countries that I have listed in the shipping costs overview.

§ 2 Offer and conclusion of contract

1. I reserve the property rights and copyrights to illustrations, drawings, calculations and other documents.

2. I reserve ownership of the goods I offer until they have been paid for in full.

§ 3 Prices and remuneration

1. Unless otherwise agreed, the prices are exclusive of packaging and transport. All prices include the statutory sales tax in the amount stipulated by law in Germany. The VAT will be shown separately in the invoice. Shipping costs are added to the purchase price

2. Additional deliveries and services will be charged separately.

3. Upon completion of the purchase, the customer is obliged to pay the purchase price plus shipping costs within fourteen days of receiving the purchase details by email or invoice.

4. I am the seller of the goods, Alan, Bonn. I gave my tax number to the tax office in Bonn outskirts.

5. German law applies to the exclusion of the UN sales law. Contract language is German or English.

§ 4 Delay in delivery and acceptance

1. Dates and delivery times are non-binding, unless otherwise expressly agreed in writing. A binding, promised delivery date is met on delivery if the delivery item has left Alan’s sales office (factory) by the time it expires or is indicated to the buyer as ready for dispatch. The ordered and paid goods will be delivered as quickly as possible to the address given by the customer in the order, in accordance with the selected payment method.

2. The start of the delivery time specified by me presupposes the clarification of all relevant questions about the delivery.

3. Compliance with my delivery obligation also requires the timely and proper fulfillment of the customer’s obligation. The exception of the unfulfilled contract remains reserved.

4. If the customer is in default of acceptance or if he culpably violates other duties to cooperate, I am entitled to demand compensation for the damage I have incurred, including any additional expenses. We reserve the right to make further claims.

5. If the prerequisites of Paragraph (4) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the buyer at the point in time at which the buyer is in default of acceptance or payment.

§ 5 Liability for defects

1. If there is a defect in the purchased item, the buyer is entitled, at his option, to supplementary performance in the form of rectification of the defect or to delivery of a new, defect-free item.

2. However, if my operating instructions are not followed, changes are made to the products that do not correspond to the original specifications, then any warranty is void if the defect can be traced back to this. This also applies if the defect is due to improper use, storage and handling of the goods, or tampering.

3. I am liable in accordance with the statutory provisions if the buyer asserts claims for damages based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless I am accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.

4. I am liable according to the statutory provisions if we culpably violate an essential contractual obligation, but in this case the liability for damages is limited to the foreseeable, typically occurring damage.

5. Unless otherwise regulated above, liability is excluded.

6. The limitation period for claims for defects is 2 years, calculated from the transfer of risk.

7. Warranty claims against me are only available to the direct buyer and are not transferable without consent.

§ 6 Delivery quantity and delivery damage

1. Visible differences in quantity must be reported to me or the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Acceptance of the goods by the freight forwarder or transporter is considered proof of the quantity of packaging units, perfect wrapping and loading.

2. If no note is made with the deliverer in the case of visible damage, this is considered to be flawless; hidden damage is excluded from this.

3. Written complaints must be written and emailed to me within 24 hours ([email protected]).

§ 7 Joint Liability

1. Any further liability for damages than provided for in § 5 – regardless of the legal nature of the claim asserted – is excluded. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).

2. As far as the liability for damages towards me is excluded or limited, this also applies with regard to the personal liability for damages of my employees, workers, employees, representatives and vicarious agents.

§ 8 Payment

1. Depending on the agreement, the invoices are payable in advance, cash on delivery or upon collection, unless otherwise agreed. Delivery is generally carriage forward, i.e. at the expense of the buyer by parcel service, forwarding agent or his own vehicle, unless something else has been expressly agreed.

2. Customers can pay the purchase price by bank transfer or PayPal.

3. I am entitled to offset payments against older debts despite other provisions of the buyer. If costs and interest have already arisen, I am entitled to offset the payment first against the costs, then against the interest and finally against the main service. The buyer is to be informed of this.

4. A payment is only considered to have been made when I can dispose of the amount. Checks are only accepted on account of performance and are only valid as payment after they have been cashed.

5. All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if I become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular suspension of payments, dependence on a settlement or insolvency or Bankruptcy proceedings. In these cases I am entitled to withhold deliveries that are still outstanding or only to carry them out against advance payment or other security.

§ 9 Prohibition of assignment

The assignment of claims against me to third parties is excluded, unless I have expressly consented to the assignment. Approval is to be given if the buyer can prove essential issues that outweigh my interests in maintaining the prohibition of assignment.

§ 10 The cancellation policy

This applies to natural persons who do not order in connection with their commercial or self-employed activity.

Beginning of the statutory cancellation policy:

1. Right Of Withdrawal

a. The orderer or buyer can revoke the contract declaration within fourteen days without giving reasons in writing (e.g. letter, fax, email) or – if the item is left before the deadline – by returning the item to me.

b. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfilling my information obligations according to Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB as well as my obligations according to § 312 e Para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

c. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

Address and fax number or email


53 E 34th St floor 3,

New York, NY 10016,

Fax: 0221 34892011

E-Mail: [email protected]

2. Consequences of cancellation

a. In the event of an effective cancellation, the mutually received services must be returned within 30 days and any benefits (e.g. interest) surrendered.

b. If the service received cannot be returned to the seller in whole or in part, or only in a deteriorated condition, the purchaser may have to compensate the seller for the value.

c. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible in a shop, for example.

d. In addition, the orderer or buyer can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were its own property and by refraining from anything that could impair its value.

e. Transportable items are to be returned at my own risk. The orderer or buyer has to bear the costs of the return if the goods delivered correspond to the ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if the price of the goods is higher at the time of cancellation Consideration or a contractually agreed partial payment has been made.

f. Otherwise, the return is free of charge for the customer or buyer. Items that can be sent as parcels are to be returned at my risk, items that cannot be sent as parcels will be picked up from the customer / buyer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer / buyer with the dispatch of the declaration of revocation or the goods, for me with their receipt.

3. End of the statutory cancellation policy.

a. The orderer or buyer can print a sticker for free return via the “DHL return portal” on the Deutsche Post website.

b. This shipping method is not mandatory. However, if another shipping method is chosen, the increased costs must be borne and liability for possible damage.

c.The return is free of charge for the buyer / customer if the value of the returned goods is more than 40 euros. The goods will only be taken back in their original condition. A return is excluded if there are visible signs of use.

§ 11 Data Protection

a. I will only use the data of the customer / buyer to process the order. Use. All customer data are stored and processed by me in compliance with the relevant provisions of the Federal Data Protection Act (BDSG).

b. The orderer or buyer has the right to free information, correction and deletion of the stored data at any time.

c. I do not pass the data on to third parties. Excluded from this are the transport company commissioned with the delivery and the credit institutes or payment providers commissioned with payment processing. In these cases the scope of the transmitted data is limited to the necessary minimum.

§ 12 For commercial orders only

a. The following conditions also apply to commercial orders: I only sell in accordance with my general terms and conditions. Ancillary agreements and deviating agreements must be made in writing to be legally effective. I reserve the right to withdraw in the event of spelling or calculation errors in the item descriptions. This right also exists if the buyer has provided false information about his person or his creditworthiness or insolvency proceedings have been opened against his assets or have been rejected for lack of assets to cover costs.

b. The transfer of risk takes place as soon as I have delivered the delivery to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.

§ 13 Place of jurisdiction

The place of jurisdiction is New York.