General Terms and Conditions

 

AC4EC

PO Box 7425 9000 Dubai - UAE

 

Email:info@ac4ec.com.

I.

The following terms and conditions under I. apply only to entrepreneurs. An entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity. A legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.

 

Under II. (See below) you will find the general terms and conditions for consumers.

1. Contract conclusion

Supplies and services of the company Alpcoin (hereinafter user) are subject to these terms and conditions. These also apply to all future business relations, even if they are not expressly agreed upon. With the order, at the latest, however, upon receipt of the goods or services, these terms are deemed to have been accepted. The terms and conditions of the customer are expressly excluded. Deviations from these conditions are only effective if they are confirmed by the user in writing. The use of software of the user is licensed under the terms of reference or documentation.

Regulations in written agreements shall prevail over these Terms. These Terms shall as such be only complementary.

With the order, the customer makes a binding offer to the user to enter into an agreement with him.

An agreement between user and purchaser shall only be entered into with confirmation by the user. The order confirmation may be in writing, by e-mail or verbally. The granting of an invoice or the provision of the user services constitute order confirmation.

When ordering, the customer selects the desired product or service and places it in the shopping cart. Then the customer goes to the cart and to the "order" button. If the customer is already registered, they log in now. If they are not registered, the registration process is carried out. After the customer is logged in, he has the ability to control information on himself and the order, and if necessary to correct it.

Then the customer can complete the order by clicking the "buy" button.

The user holds an individually tailored offer valid for 30 calendar days2

We reserve the right to reject a customer without giving reasons and to deny them access to our shop.

2. Prices and Terms of Payment

Prices are understood to be ex-premises of the user, including the local VAT and packaging and shipping costs are borne by the user.

All offers are non-binding and without obligation.

A payment is only considered complete when the user can dispose of the sum; in the case of cheques, on definitive redemption of the cheque amount. Collection expenses and discount charges are borne by the customer.

Offsets against claims by the user or the assertion of the right of retention is only possible with undisputed or legally established counterclaims.

Payment will be made, depending on the payment method, by cash in advance, direct debit or credit card.

 

 3. Delivery times

The supply of standard software shall be made within 7 calendar days.

The user strives to meet deadlines and dates. Agreed dates and deadlines are, however, subject to the timely self-delivery of the user.

All technical and organisational details of the contract and its scope must be bindingly established before its conclusion, and the user must be notified. For untimely receipt of documents to be provided by the customer and non-observance of any other obligations on the part of the customer, the delivery time is delayed accordingly.

To receive bonus services, an active license period is required. Details of this can be found in the guidelines and directly in the shop on the marked products. The current bonus offers are subject to change and adjustment by us.

For programming activities, installations, functional testing and acceptance, the customer shall support the user to the required extent. Delivery dates for individual software will be agreed upon.

If an installation has been agreed, the agreed delivery or performance period begins to run at the earliest when the customer has products to be supplied and/or installed that are free of defects and ready to install and/or properly installed, and if the customer has made other necessary prior arrangements at their own expense.

If a delivery period is agreed upon and not respected by of the user under the above conditions, the customer then only has a right to withdraw from the contract if the user has not respected a grace period granted to him. Reasonable provision of a grace period is 4 weeks, beginning with the expiry of the agreement or extended under the deadline described in the following paragraph.

The user is not responsible for delivery delays due to force majeure and due to events beyond the control of the user that hinder delivery or make it impossible even for binding deadlines and dates. These include in particular subsequent material sourcing difficulties, delays in suppliers or their subcontractors, equipment failure, strikes, official orders et cetera. Such difficulties entitle the user to postpone the delivery or service for the duration of the hindrance or completely or partially to rescind the contract due to the part not yet fulfilled. The user shall inform the customer immediately of the start of a delay in delivery.

If the hindrance lasts longer than 4 weeks, the customer is entitled for his part to cancel the contract. Possibly made payments will be refunded immediately. The customer may in such cases only demand compensation if the delay is based on intent or gross negligence, apart from in the case of personal injury or injury to health.

4. Terms of delivery

Insofar as the purchaser has not otherwise agreed, the shipment takes place by a means of transport at the option of the user, whereby economy is to be observed in this. However, the cheapest means of transport may not be chosen. The transfer of risk to the customer takes place after delivery of the shipment to the carrier, provided that the mailing has been agreed by freight carrier; otherwise upon delivery of the goods to the customer.

Shipment costs are borne by the user.

 5. Warranty

The limitation period for claims and rights due to defects of the goods and services is one year from the date of delivery or acceptance. This limitation applies to all claims for damages against the user that are related to the defect. The period of limitation shall not apply in case of intent. Likewise, not when the user has fraudulently concealed the defect. In such cases, the statute of limitations applies instead. The limitation does not apply to claims for damages in cases of injury to life, limb, health or freedom, for claims under product liability law, for a grossly negligent breach of duty or breach of contract. The statutory limitation period then applies instead. Unless expressly specified otherwise, the statutory provisions on the limitation period, suspension of expiry and recommencement of limitation periods remain unaffected. If the user fails to comply with operating or maintenance instructions of or replaces parts or uses consumables that do not meet the original specifications, the warranty is revoked.The responsibility for the selection of products and services and the intended results with them rests with the customer. The customer must immediately check the conformity of the goods and services provided as well as any corrections on returns forwarded of primary and intermediate products.

Complaints about incomplete delivery or obvious defects are must be communicated to the user within eight days after delivery or acceptance in writing, by registered mail. Hidden defects or a lack of guaranteed properties are to be reported in writing by registered mail, within one year from acceptance by the user.

In case of justified notices of defect, the user has the right either to remedial action twice, or replacement. Shipping fees are reimbursed, after checking and where claims are justified. In case of failure of the rectification of defects or replacement, the customer may demand a price reduction or cancellation of the contract. The warranty presupposes that the goods have been properly stored, maintained and handled.

If the service provided can be used by the customer in whole or in part, he may not retain the due purchase - or rental price until complete removal of defects, but must pay it in full when due, or at least to the amount of the service to be used has been provided. The right to remedy defects remains unaffected.

 6. Limitation of liability

Claims for damages against the user as well as against his agents and auxiliary assistants –for breaches of duty (cardinal obligations), in particular the impossibility of performance, positive breach, negligence in contracting and tort are against the user, except for injury to life, limb or health or the sexual self-determination, may be asserted only for intentional or gross negligence, or for false assurances. This also applies to consequential damages, including loss of profits. The liability is, except for wilful or grossly negligent behaviour or false representation or damages resulting from injury to life, limb or health, and the breach of contract (cardinal obligations), limited to the contractually typically foreseeable damage and, moreover, to the amount of the contractually typical average damage. Claims arising from product liability law remain unaffected.

The user is liable for delay of performance in cases of intent or gross negligence of the user or a representative or agent under the statutory provisions. However, the liability of the user in cases of gross negligence is limited to the typical, foreseeable damage if none of the exceptions listed in clause 4 of this paragraph applies. Further claims of the customer are excluded – even after expiry of a possible time limit set for performance by the user. This limitation does not apply to liability for injury to life, limb or health.

7. Retention of title

The deliveries are subject to retention of title with the following extensions. Until all claims that the user has against the customer for any legal reason, goods supplied by the users remain the property of the user. If ownership is null through connection, it is hereby agreed that the property of the customer of the jointly owned property is transferred to him in proportional value. The purchaser keeps the property free of charge. If the value of the collateral exceeds the main claim by more than 20%, the user is bound to the customer's request for the partial release of collateral.

The customer hereby assigns any claims arising from the resale or any other legal reason (insurance, tort) with respect to the conditional reserved goods user as a security to the full extent to the user. The customer is entitled, until this right is revoked, to collect the claims assigned to the user for their account and in their own name. The purchaser must notify users immediately if third parties have access to the reserved goods.

In case of default the user has the right to demand the return of the goods. With back receipt of goods or seizure, there is no automatic right to withdrawal from the contract. In the case of withdrawal from the contract, the user has the right to demand the immediate return delivery at the expense of the purchaser. Payments shall be made with discharging effect only directly to the user, not to representatives or advisors.

 
8. Software license rights to use the software

The user grants the purchaser use of the software provided for a limited time or (depending on the order / contract) unlimited single, non-exclusive right for own purposes in accordance with the order. Use of the software under this agreement covers only the permanent or temporary, complete or partial copying of the software by loading, displaying, running, transmitting or saving for the purpose, the end of the commands contained and data to accomplish or to observe the features of the software, to examine them or test them.

The customer is permitted to use the software on a single computer provided that the software is used at all times on a single computer. If the customer has purchased the right for use at different workplaces, only the number of deployments of the application may be used which the customer has acquired.

The customer may not rent or lend the software to third parties, or make it available to third parties in any other way.

The customer may only transfer the usage rights that are hereby granted to third parties if (i) he previously notifies the user thereof in writing, (ii) the recipient confirms in writing that the provisions of this Agreement bind him or her and (iii) the customer retains no copies of the software. The user can object to the transfer if (i) the recipient is on competition with the user; or (ii) the transfer leads to export or re-export that is contrary to applicable export restrictions.

The customer may not copy, modify, transmit or edit the software without obtaining the prior written consent of the user. This does not apply to (i) the preparation of a backup copy (ii) the need for the specific use for this section reproduction, (iii) the reproduction, processing or transfer for the purpose of eliminating errors, despite a written request by the purchaser the user has not offered to eliminate them under appropriate conditions within reasonable time, and if the customer accepts such an offer, does not perform these within a certain reasonable additional time.

The customer may not disassemble software, decompile it, reverse-engineer it, or carry out other processes on the software to learn the source code, unless (i) such a procedure is necessary to ensure interoperability with an independently created computer program with the software, and (ii) the information was not made available to the customer by the user, despite a written request within a reasonable time, and (iii) this process is carried out by the customer, or a person authorised to use of a copy of the software, or a third person who has been authorised to do so by one of the aforementioned individuals.

 
9. Consulting services

The user provides the customer with advisory and other services at his request. The customer shall, if he wants to accept this offer, give the user a written order, in which the customer has defined the consulting goal. On the basis of this contract, after checking the user informs the customer whether the job can be carried out or not, this in any case within a period of 30 calendar days after receipt of order. The consulting services may include individual consulting or consulting services for a longer-term defined period. The user undertakes to provide the consulting services conscientiously and to the best of his ability.

The purchaser undertakes to provide users with all the necessary information for the implementation of the agreed consulting services.

The user invoices the consulting services by arrangement from either a flat rate or hourly rates stated above. Any costs such as travel expenses, accommodation, food costs, copying and translation costs and the like are paid separately.

 
10. Final Provisions

Should any of the above conditions - for whatever legal reason - be or become invalid, the validity of the remaining provisions shall not be affected. We reserve the right to amend the current Conditions of Use at any time.

Place of performance for deliveries and services is the seat of the user. Jurisdiction is agreed as the seat of the user. The law of the United Arab Emirates exclusively applies. UN sales law is excluded.

 

- End of the Terms and Conditions for entrepreneurs -


———————————————

II.

 

The following terms and conditions apply only to consumers.

If you are a consumer, i.e. a natural person who enters into a transaction with us for a purpose that can neither be attributed to your commercial or independent professional activity - the following terms and conditions apply:

The following conditions are part of any contract between the company Alpcoin (as follows referred to as the user) and the respective purchaser. Supplies and services are subject to these terms and conditions. Regulations in written agreements shall prevail over these terms. These terms are thus only complementary.

 
1. Contract conclusion

Supplies and services of the company Alpcoin (hereinafter users) are subject to these terms and conditions. These also apply to all future business relations, even if they are not expressly agreed. With the order, but the latest upon receipt of the goods or services, these terms are accepted. The use of software of the user is licensed under the terms of reference or documentation. Regulations in written agreements shall prevail over these terms. These terms are thus only complementary.

With the order, the customer makes a binding offer to the user to enter into a contract with him.A contract between user and purchaser shall only be concluded with confirmation of the user. The order confirmation may in writing, by e-mail or verbally. The granting of an invoice or the provision of the service of the user are equally valid as order confirmation.

When ordering, the customer selects the desired product or service and places it in the shopping cart. Then the customer goes to the cart and to the "order" button. If the customer is already registered, the customer logs in now. If they are not registered, the registration process is carried out. After the customer is logged in, he has the ability to control information on himself and the order, and if necessary to correct it. Then the customer can complete the order by clicking the "buy" button. The contractual text will be stored and is not accessible to the customer.

An individually tailored offer to the user is held for 30 calendar days.

We reserve the right to reject a customer without giving reasons and to deny them access to our shop.

 
2. Prices and Terms of Payment

Prices are, from the seat of the user in Dubai, including 0% VAT, packaging. Shipping costs are borne by the user. All offers are non-binding and without obligation. A payment is only considered complete when the user can dispose of the sum; with cheques on definitive redemption of the cheque sum. Collections - and discount charges- are borne by the customer.

Payment shall be made depending on the payment method by cash in advance, direct debit or credit card.

Shipment costs are borne by the user.

 
3. Delivery deadlines

The supply of standard software shall be made within 7 calendar days. The user strives to meet deadlines and dates. Agreed deadlines and dates are, however, subject to the timely delivery of the user. The user has the right to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract, he does not receive the object of delivery or the goods in a timely fashion or not at all. The responsibility of the user for intent or negligence in accordance with the clause under No. 5 remains unaffected.

All technical and organisational details of the contract and its scope must be bindingly established before its conclusion, and the user must be notified. For untimely receipt of documents to be provided by the customer and non-observance of any other obligations on the part of the customer, the delivery time is delayed accordingly.

To receive bonus services an active license period is required. Details of this can be found in the guidelines and directly in the shop on the marked products. The current bonus offers are subject to change and adjustment by us.

For programming activities, installations, functional testing and acceptance, the customer shall support the user to the required extent. Delivery dates for individual software will be agreed individually.

If an installation has been agreed upon, the agreed delivery or performance period begins to run at the earliest when the customer has products available and/or products to be installed that are free of defects and ready to install and/or properly installed, and if the customer has made other necessary prior arrangements at their own expense.

 4. Limitation of liability

Claims for damages from breach of duty (cardinal obligations), in particular the impossibility of performance, positive breach, negligence in contracting and tort can be asserted against the user only for loss of life, limb or health, or for wilful or grossly negligent acts or false assurances. This also applies to consequential damages, including loss of profits. Liability is limited to the limited to the contractually typically foreseeable damage and, moreover, to the amount of the contractually typical average damage.

Claims arising from liability under product liability law remain unaffected.

 
5. Retention of title

The goods remain the property of the user until payment in full has been effected.

6. Software license, rights to use the software

The user grants the purchaser use of the software provided for a limited time or (depending on the order / contract) unlimited single, non-exclusive right for own purposes in accordance with the order. Use of the software under this agreement covers only the permanent or temporary, complete or partial copying of the software by loading, displaying, running, transmitting or saving for the purpose, the end of the commands contained and data to accomplish or to observe the features of the software, to examine them or test them.

The customer is permitted to use the software on a single computer provided that the software is used at all times on a single computer. If the customer has purchased the right of use at different workplaces, only the number of deployments of the application may be used that the customer has acquired.

The customer may not rent or lend the software to third parties, or made it available to third parties in any other way.

The customer may only transfer the usage rights that are hereby granted to third parties if (i) he previously notifies the user thereof in writing, (ii) the recipient confirms in writing that the provisions of this agreement bind him or her and (iii) the customer retains no copies of the software. The user can object to the transfer if (i) the recipient is in competition with the user; or (ii) the transfer leads to export or re-export that is contrary to applicable export restrictions.

The customer may not copy, modify, transmit or edit the software without obtaining the prior written consent of the user. This does not apply to (i) the preparation of a backup copy (ii) the need for the specific use for this section reproduction, (iii) the reproduction, processing or transfer for the purpose of eliminating errors, despite a written request by the purchaser the user has not offered to eliminate them under appropriate conditions within reasonable time, and if the customer accepts such an offer, does not perform these within a certain reasonable additional time.

The customer may not disassemble software, decompile it, reverse-engineer it, or carry out other processes on the software to learn the source code, unless (i) such a procedure is necessary to ensure interoperability with an independently created computer program with the software, and (ii) the user did not provide the customer with the information, despite a written request within a reasonable time, and (iii) this process is carried out by the customer, or a person authorised to use of a copy of the software, or a third person who has been authorised to do so by one of the aforementioned individuals.

User grants the purchaser of the software provided a perpetual or limited basic (depending on the order / contract) non-exclusive right for their own purposes in accordance with the order. Use of the software under this agreement covers only the permanent or temporary, complete or partial copying of the software by loading, displaying, running, transmitting or saving for examination of the object, to accomplish the process of the commands and data contained or to monitor or test the functions of the software.

The customer is permitted to use the software on a single computer, provided that the software is used at all times on a single computer. If the customer has purchased the right to use it at different workstations, only be the number of workstations may be deployed that have been acquired by the customer.

The customer may not rent the software to third parties, lend it, or otherwise make available to third parties.

The customer may only transfer the usage rights to third parties that are hereby granted, if (i) they previously notify the user thereof in writing, (ii) the recipient confirms in writing that the provisions of this agreement bind him or her and (iii) the customer retains no copies of the software. The user can object to the transfer if (i) the recipient competes with the user; or (ii) the transfer to an export or re-export results, which are contrary to applicable export restrictions.

The customer may not copy, modify, transmit or edit, without the user has given prior written consent the Software. This does not apply to (i) the preparation of a backup copy (ii) the need for the specific use for this section reproduction, (iii) the reproduction, processing or transfer for the purpose of eliminating errors, users despite a written request of the purchaser is not within reasonable time and offer to eliminate under appropriate conditions, and if the customer accepts such an offer, does not perform within a certain the reasonable additional time.

The customer may not disassemble, decompile or reverse-engineer the software, or use different methods to the software to learn the source code, unless (i) such a procedure is necessary to ensure interoperability with an independently created computer program with the software, and (ii) the user did not provide the customer with the information, despite a written request within a reasonable time, and (iii) this process is carried out by the purchaser, or a person authorised to use  a copy of the software, or a third person who has been authorised to do so by one of the aforementioned individuals.

 
7. Consulting services

The user provides the customer with advisory and other services at his request. The customer shall, if he wants to accept this offer, give the user a written order, in which the customer has defined the consulting goal. On the basis of this contract, after checking the user informs the customer whether the job can be carried out or not, this in any case within a period of 30 calendar days after receipt of order. The consulting services may include individual consulting or consulting services for a longer-term defined period. The user undertakes to provide the consulting services conscientiously and to the best of his ability.

The purchaser undertakes to provide users with all the necessary information for the implementation of the agreed consulting services.

The user invoices the consulting services by arrangement either according to a flat rate or hourly rates stated above. Any costs such as travel expenses, accommodation, food costs, copying and translation costs and such like are paid separately.

 
8. Cancellation right

If you are a consumer, i.e. a natural person who enters into a transaction for a purpose with us that can neither be attributed to your commercial or independent professional activity – you have the following right to:

 
9. Withdrawal

You have the right to withdraw from this contract within fourteen days without specifying any reasons for this. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.

To exercise your right, must inform us:

Name: AC4EC

Address: POBox 7425 - 9000 Dubai - UAE Email: info@ac4ec.com

with a clear statement (submitted either by post, email or fax) that you wish to withdraw from this contract.

You may use the withdrawal form template here, but this is not compulsory. In order to comply with the withdraw period, it is sufficient for you to send us notice that you are exercising your right of withdraw before the withdraw period has expired.

Consequences of withdrawal

If you cancel this contract, we shall refund all payments we have received from you including shipping charges (except for additional costs arising, if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of termination. The customer shall be refunded using the same method of payment used for the initial transaction, unless otherwise expressly agreed; in no instance will the customer be charged fees for this refund. We may withhold the refund until the items have been returned to us or until you have provided evidence that you have shipped the goods, whichever is earlier.

You must immediately send back or hand over the goods to us, in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired.

You will only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part that was not necessary for testing the quality, characteristics, and functioning of the items.

Note:

The right of withdrawal, unless otherwise provided, does not apply for distance contracts for the supply of goods that are not suitable for a return due to their condition, such as contracts for software, which is provided by download and not for deliveries of software, insofar as the delivered data carriers have been unsealed by the consumer.

-  End of Withdrawal Policy -

10. Final Provisions

Should any of the above conditions - for whatever legal reason - be or become invalid, the validity of the remaining provisions shall not be affected. We reserve the right to amend the current terms and conditions of use at any time.


Place of performance for deliveries and services is the seat of the user. Jurisdiction is agreed as the seat of the user. The law of the United Arab Emirates exclusively applies. UN sales law is excluded.

-       End of Terms and Conditions for Consumers -

The English translation is an analogous translation and not a legal translation.