AluMag® General Terms & Conditions
“ALUMAG® Automotive Marketing GmbH” & “ALUMAG® Automotive LLC”
Services and Publications from ALUMAG® [“ALUMAG® Automotive Marketing GmbH” & “ALUMAG® Automotive LLC”] are made available only on the following terms and conditions, which form part of every ALUMAG® agreement.
1. General Terms and Conditions / Scope
1.1 All legal transactions between the Buyer and ALUMAG® – [“ALUMAG® Automotive Marketing GmbH” & “ALUMAG® Automotive LLC”, named ALUMAG® thereafter] shall be subject to these GTC exclusively. The version valid at the time the contract is concluded shall be applicable.
1.2 These GTC shall also apply to any future contractual relationships even if these GTC are not expressly referred to in collateral contracts.
1.3 Any conflicting GTC on the part of the Buyer shall be invalid unless they have been explicitly accepted in writing by ALUMAG®.
1.4 If any provision of these GTC is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2. Buyers
2.1 ALUMAG® sells its “Services” and “Publications” only to registered companies on a B2B basis. [“Service/s and “Publication/s” named “Product/s thereafter]
2.2 ALUMAG® does not sell to consumers and thus all consumer protection laws are not valid.
3. Price / Taxes / Fees
3.1 All prices quoted by ALUMAG® do not include sales tax [VAT]. They are valid only for the present order.
3.2 The prices do not include any additional services [e.g. any consultancy by telephone or in person, training, etc.].
4. Payment / Invoices
4.1 Generally, 100 % pre-payment is required to obtain any ALUMAG® Services and Publication; No deductions and free of charge.
4.2 The invoices submitted by the seller, after payment have been received.
4. 3 ALUMAG® is entitled to send invoices electronically. The Buyer agrees explicitly to accept invoices transmitted electronically by ALUMAG®.
5. Delivery Dates
5.1 In accordance with 4.1 ALUMAG® will execute / share Services and send Publications only after the full amount was credited to the ALUMAG® bank account.
6. User restrictions
6.1 Buyers shall not copy, transmit or disclose any ALUMAG® Publication, whether in print or electronic or other form, or any information therein. Excluded from this term are separately agreed publications, which require a written agreement between ALUMAG®, Buyer and potentially a third party. All rights in ALUMAG® Publications are reserved to ALUMAG®.
6.2 Buyers shall use all information contained in any ALUMAG® Services and Publication solely for their own internal business purposes. Buyers shall not disclose any such information [also parts of the information] to any other person and shall take all reasonable measures to ensure their security.
6.3 Buyers shall allow access to all ALUMAG® Services and Publications [in any printed or electronic format] only to management and executives of the Buyer. If a manager and/or executive leaves the Buyer’s company, the Buyer must ensure that no copy of an ALUMAG® Service, Publication or parts thereof are transferred to the new employer.
6.4 All ALUMAG® shared Service information and Publications shell only be used within the premises of the Buyer’s office, respectively Buyer’s electronic devices. The usage of any Service information or Publication or parts thereof in branch offices or associated companies of the Buyer requires the written approval of ALUMAG®.
7. Cancellation by the Buyer
7.1 After the Publication was made available to the Buyer in printed, electronic or any other form, the Buyer cannot cancel the order or claim a refund of the purchasing price.
8. TERM & TERMINATION
8.1 The term of the Product license and agreement is set for three years.
9. Warranties, Liability
9.1 ALUMAG® has made every reasonable effort to ensure that the information presented within its Services and Publications is accurate and was obtained from reliable sources, but it may include errors or inaccuracies. The reader is advised that the material contained within the Service information and Publications is for general information purpose only. In no event shall ALUMAG® or its staff be liable or responsible to any person for any special, indirect or consequential loss, damage, or injury, resulting from the use of the information contained in any Service information and Publications of the company in printed, electronic or any other format, unless caused by gross negligence or intentional misconduct.
9.2 The information within the ALUMAG® Service and Publications is provided “as is” and without warranty of any kind. It is the Buyer’s responsibility to verify the accuracy, completeness and fitness of all details, services and other information provided on the website relative to the Buyer’s purpose, before acting upon them.
10. Final Provisions
10.1 Modifications of and amendments to these GTC shall be made in writing.
10.2 If not otherwise agreed, the statutory regulations applicable to registered merchants are exclusively those in force under the law of Germany. This is the case also when the order is carried out outside of Germany. In case of conflict, it is agreed that only the responsible local court in the ALUMAG® place of business has jurisdiction. 10. 3 This is an electronic document, is legally valid with the online confirmation and does not require signatures.
