Terms of service

Terms and Conditions

for the “mini-lifestyle.com Online Shop”
between
alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding, represented by the managing directors, Mr. Pierre Pfeiffer and Tim Mörtl, registered in the commercial register of the Munich Local Court under HRB 151525, VAT identification number: DE 233834437 - hereinafter referred to as “alpha” -
and the customer designated in § 2 of the contract - hereinafter referred to as “customer”.

§ 1 Scope of application, definitions

(1) The business relationship between the web shop provider (hereinafter referred to as “alpha”) and the customer (hereinafter referred to as “customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer/purchaser shall not be recognized unless alpha expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The customer can select products from alpha's range, in particular articles, and collect them in a so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer accepts these contractual terms and conditions by clicking on the “Accept Terms and Conditions” button and thereby includes them in their request.
(2) alpha then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that alpha has received the customer's order and does not constitute acceptance of the application. The contract is only concluded when alpha sends a declaration of acceptance in a separate email (“order confirmation”). In this email or in a separate email, but no later than upon delivery of the goods, we will send the customer the contract text, consisting of the order, the General Terms and Conditions, and the order confirmation, on a durable medium (email or paper printout) (“contract confirmation”). The contract text will be stored in compliance with data protection regulations.
(3) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no delivery time or a different delivery time is specified for the respective goods in our online shop, it is usually 2–4 days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, alpha will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, alpha will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, alpha will also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: alpha only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland.
§ 4 Retention of title

The delivered goods remain the property of alpha until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the alpha website include the applicable statutory sales tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal. alpha delivers to the customer free of shipping costs for orders over EUR 50.
(3) The goods are shipped via DHL. alpha bears the shipping risk if the customer is a consumer.
(4) In the event of withdrawal, the customer shall bear the direct costs of returning the goods.

§ 6 Payment methods

(1) The customer can make payment using the payment tool offered in the alpha web shop (“PayPal”); payment using the payment tool is subject to the terms and conditions of use of the third-party provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, which can be viewed at [https:// www.paypal.com/de/webapps/mpp/paypal-safety-and-security] and [https:// www.paypal.com/de/webapps/mpp/paypal-fees].

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay alpha default interest at a rate of 5 percentage points above the base rate for the year.

(3) The customer's obligation to pay default interest does not exclude alpha from asserting further claims for damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) alpha is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). In the case of the sale of used goods and to entrepreneurs, the warranty period for goods delivered by alpha is 12 months.
(2) An additional guarantee exists for goods delivered by alpha only if this was expressly stated in the order confirmation for the respective item.

§ 8 Liability

(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by alpha or the legal representatives or vicarious agents of alpha. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, alpha shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of alpha's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if alpha has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if alpha and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§ 9 Cancellation policy

(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which alpha provides information below in accordance with the statutory model. Exceptions to the right of cancellation are regulated in paragraph (2). A model cancellation form can be found in paragraph (3).

Right of cancellation

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, took possession of the goods. To exercise your right of withdrawal, you must inform us, alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding, info@winningmoves-shop.de, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
(2) The right of withdrawal does not apply to contracts - for the delivery of toys in sealed packaging if the seal has been removed after delivery, and - for the delivery of sealed goods (e.g., board games, card games, etc.) that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) alpha provides the following information about the model withdrawal form in accordance with the statutory provisions: Model withdrawal form (If you wish to withdraw from the contract, please fill out this form and return it.) (*) Delete as applicable
To
alpha trading solutions GmbH, Am Kletthamer Feld 10, 85435 Erding
Email: info@winningmoves-shop.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 (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only for paper notifications) Date

§ 10 Final provisions

(1) alpha is legally obliged to refer consumers to the European Commission's European Online Dispute Resolution Platform (ODR Platform), which can be accessed at http://ec.europa.eu/odr. alpha does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
(2) Contracts between alpha and customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as a consumer has their habitual residence, remain unaffected.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and alpha is the registered office of alpha.
(4) Even if individual points of the contract are legally invalid, the remaining parts of the contract remain binding. The invalid points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.