LEGAL - AlienTools

IMPRINT
TERMS AND CONDITIONS
PRIVACY POLICY
COOKIE POLICY
RETURN POLICY
SHIPPING INFORMATION
PAYMENT OPTIONS
A.L.F. LOYALTY PROGRAM
A.A.A. AFFILIATE PROGRAM

AlienTools GmbH

Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG
13053 Berlin, Germany

Managing Director: Travis Leer

Phone number: +49 30 549 09787

E-mail address: info(at)alien-tools.com

VAT identification number: DE314890508

Responsible for contents: Travis Leer, address as above.

European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute settlement proceedings before a Consumer Arbitration Board.

General terms and conditions with customer information

Table of Contents

1. Scope of application
2. Offers and Performance Descriptions
3. Ordering and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment modalities
7. Reservation of title
8. Warranty and warranty
9. Liability
10. Saving of the contract text
11. Jurisdiction, applicable law, contractual language

1. Scope of application

1.1. For the business relationship between AlienTools GmbH, Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG, 13053 Berlin; +49 30 549 09787, info(at)alien-tools.com. (hereinafter referred to as "Seller") and the Customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order.

1.2. You can contact our customer service for questions and complaints on weekdays from 9:00 AM to 6:00 PM by phone +49 30 549 09787or by e-mail at info(at)alien-tools.com.

1.3. Consumers within the meaning of these General Terms and Conditions are (i) any natural person who, at the time of signing the contract, is acting in the exercise of his commercial or independent professional activity (entrepreneur); or (ii) legal persons of public law or a public fund.

1.4. Deviating conditions of the customer are not recognized, unless the seller expressly admits their validity.

2. Offers and Performance Descriptions

2.1. The presentation of the products in the online shop is not a legally binding offer, but a solicitation of an order. Performance descriptions in catalogs as well as on the websites of the seller do not express an assurance or guarantee.

2.2. All offers are valid as long as stocks last, unless otherwise stated in the products. Errors and omissions are reserved.

3. Ordering and conclusion of contract

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the [add to basket] button in a so-called shopping basket. Within the shopping basket the product selection can be changed, e.g. be deleted. Afterwards, the customer can proceed to the end of the ordering process via the [Proceed to Checkout] button within the shop basket.

3.2. Via the [Confirm Order] button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time, return to the shopping cart using the browser function "back", or cancel the order process as a whole. Required fields are marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is listed again and which the customer can print out using the function "print" (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days or has confirmed to the customer within two days with a second e-mail, expressing order confirmation or delivery of the invoice.

3.4. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received by the seller within 10 calendar days after the order has been made, the seller is released from the contract with the consequence that the order is cancelled and the seller does not have any delivery obligation. The order is then cancelled for the buyer and seller without further consequences. The item will be reserved for 10 calendar days.

4. Prices and shipping costs

4.1. All prices, which are stated on the website of the seller, are without the VAT tax.

4.2. In addition to the stated prices, the seller will charge shipping for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, product availability

5.1. If advance payment is agreed, the delivery will be made upon receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer without delay.

5.3. If the ordered product is not available because the seller, without fault, is not supplied with this product by its supplier, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to deliver a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries to specific countries) on a separate information page or within the respective product description.

6. Payment modalities

6.1. The customer can choose from the available payment methods within the framework and prior to the completion of the order process. Customers will be informed about the available methods on a separate information page.

6.2. If the payment is possible by invoice, the payment has to be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are charged with payment processing, e.g. Paypal shall be subject to their General Terms and Conditions.

6.4. If the due date of the payment is determined according to the calendar, the customer is in default by neglecting this date. In this case, the customer shall pay the statutory interest on arrears.

6.5. The customer's obligation to pay interest on arrears does not preclude the seller from asserting further default damages.

6.6. The customer is only entitled to a refund if his counterclaims are legally established or recognized by the seller. The customer can only exercise a right of retention as long as the claims result from the same contractual relationship.

7. Reservation of title

The delivered goods remain the property of the vendor until full payment has been received.

8. Warranty and warranty

8.1. The warranty is determined by law.

8.2. There is a guarantee for the goods supplied by the seller only if this has been expressly given. Customers are informed about the warranty conditions before the initiation of the ordering process.

9. Liability

9.1. The following exclusions and limitations of liability apply to the liability of the seller for damages without prejudice to the other legal requirements of any claim.

9.2. The seller is liable without limitation, if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee of the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Saving of the contract text

10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address specified by him. With the order confirmation, the customer also receives a copy of the general terms and conditions, including instructions for revocation and the notes on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can see your orders placed in your profile area. We also store the text of the contract but do not make it available on the Internet.

11. Final provisions

11.1. Jurisdiction and place of performance shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a public special fund.

11.2. The contract language is German. This translation is provided for clarification and if any text is incorrect or open to different interpretation the German version is the valid one.

11.3. European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute settlement proceedings before a Consumer Arbitration Board.

Cookie Policy

Return instructions for consumers for a contract, in which the goods are delivered in one delivery:

Cancellation

Consumers are (i) any natural person who, at the time of signing the contract, is acting in the exercise of his commercial or independent professional activity (entrepreneur); or (ii) legal persons of public law or a public fund.

Withdrawal

You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party that you designate (not including the carrier) has taken possession of the goods. In order to exercise your right of revocation, you must inform us (AlienTools GmbH, Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG, 13053 Berlin, +49 30 549 09787, info(at)alien-tools.com) by means of a clear statement (eg a letter or e- Mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs in the case that you have chosen a different type of delivery other our standard delivery options) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless we have expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse repayment until we have received the returned the goods or until you have demonstrated that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days. You are responsible for the immediate cost of returning the goods. You will only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and proper functionality of the goods.

Model Return Form

(If you want to revoke the contract, please fill out this form and return it.)

- To AlienTools GmbH, Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG, 13053 Berlin; +49 30 549 09787, info(at)alien-tools.com .:

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only in the case of a communication on paper)

- Date

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(*) Delete as appropriate.

Exclusion or premature termination of the revocation right The right of revocation does not exist with contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer

Return instructions for consumers for a contract on several goods which the consumer has ordered under a single order and which are delivered separately

Cancellation

Withdrawal

You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party that you designate (not including the carrier) has taken possession of the last product delivered. In order to exercise your right of revocation, you must contact us AlienTools GmbH, Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG, 13053 Berlin; +49 30 549 09787, info(at)alien-tools.com) by means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

Model withdrawal form

(If you want to revoke the contract, please fill out this form and return it.)

- To AlienTools GmbH,Plauener Str. 163-165, Geb. 5, Aufg. E, 3.OG, 13053 Berlin; +49 30 549 09787, info(at)alien-tools.com .:

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only in the case of a communication on paper)

- Date

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(*) Delete as appropriate.

Shipping Charges and Delivery Information

Prices and Taxes

Prices will be clearly stated on the cart and checkout pages and any prices stated do not include VAT or any other taxes, if applicable.

Where We Deliver

We currently ship worldwide.

Paid Shipping Options

Once you put the items you would like to order into your cart, and your shipping address on the checkout page, the system will automatically show you the various shipping options and their costs to your location.

Free Shipping Options

Options within Germany

Within Germany we have 3 levels of free shipping: Free Basic Shipping, Free Standard Shipping, and Free Premium Shipping. For minimum order requirements please see the Free Shipping Tab.

Options Worldwide

- Worldwide Free Basic Shipping with either UPS Standard/Expedited, or normal post; dependent on receiving country (In Germany Free Basic Shipping with UPS Standard for net order of 99,99 EUR or more). For minimum order requirements please see the Free Basic Shipping Tab.

- Worldwide Free Premium Shipping with FedEx Priority on net orders over a defined minimum depending on country. Excluded from this option are cities and area codes outside of the FedEx normal delivery area. For minimum order requirements please see the Free Premium Shipping Tab.

Delivery Options and Estimated Delivery Times:

Within Germany:

- UPS Express: Various Overnight Options

- DHL Paket or UPS Standard: 1-2 business days on average

Outside of Germany:

- FedEx International Economy: 2-5 business days depending on country.

- FedEx International Priority: Overnight in most countries, delivery by 18:00.

- FedEx International First: Overnight, delivery by 10:00.

- Deutsche Post Estimated Delivery Times:

Note: delivery times can be much longer with this option due to Covid. You know how things go with the normal postal system, but our tools last so long that you should have plenty of time to receive your package. :)

Western Europe: 3-6 days
Eastern Europe: 4-10 days
Middle East: 6-12 days
Africa: 8-12 days
Asia: 6-14 days (except Japan at 3-6 days)
North America: 3-6 days
South America: 6-18 days

Order Tracking

Order tracking is available by logging into 'My Account' in the shop page, and then navigating to the 'My Orders' tab. Here you will see a button to track your order through our partner Aftership.

Order Preparation Times

All orders received by 12:00 CET will be sent out the same day pending any technical or other delays.

Payment Options

We offer the following payment methods. Simply select the optimal payment method for you.

-------Digital Payment Methods---------

PayPal (worldwide)

Pay quickly and securely with your PayPal account.

Credit Cards (worldwide)

Pay with your Visa, American Express, or MasterCard. Processed by Stripe.

SEPA Direct Debit (EUROPE)

Partners in Europe within the Single Euro Payments Area (SEPA) can pay by providing your bank details and accepting a mandate authorizing us to debit your account. Processed by Stripe.

SOFORT Überweisung (DE, AT)

Partners in Germany or Austria can pay with SOFORT Überweisung, allowing you to pay directly from online payouts through your bank account. Processed by Stripe.

Giropay (DE)

Partners in Germany can pay with Giropay, allowing you to pay directly from online payouts through your bank account. You will be directed to your bank's payment page to log in and approve payments. Processed by Stripe.

EPS (AT)

Partners in Austria can pay with EPS, allowing you to pay directly from online payouts through your bank account. You will be directed to your bank's payment page to log in and approve payments. Processed by Stripe.

iDEAL (NL)

Partners in the Netherlands can pay with iDEAL, allowing you to pay directly from online payouts through your bank account. You will be directed to your bank's payment page to log in and approve payments. Processed by Stripe.

Bancontact (BE)

Partners in Belgium can pay with Banccontact, Belgium's most popular payment method. Processed by Stripe.

Multibanco (PT)

Partners in Portugal can pay with Multibanco, allowing you to pay directly via online payouts from your bank account. Processed by Stripe.

Alipay (CN)

Partners in China can pay with Alipay, allowing you to pay via online transfer from your bank account. Processed by Stripe.

-------Classic Payment Methods---------

Direct Bank Transfer (worldwide)

Make your payment directly into our bank account. Please use your invoice number as the payment reference. Your order will not be shipped until the funds have cleared in our account.

Bank Details for Wire Transfers

Account Holder: AlienTools GmbH

Bank Name: Sparkasse Pforzheim Calw

IBAN: DE90 6665 0085 0008 1408 55

BIC (Sort Code): PZHSDE66XXX

Reference: Invoice Number (91214xxxx)

Purchase On Invoice (only available in Germany to existing customers)

Get your goods now and pay within 30 days of the invoice date.

General Terms and Conditions for the Alien Loyalty Federation Bonus Points Program (A.L.F.)

1. General Terms

The following terms and conditions (hereinafter referred to as “GTC’s”) apply to the participation of customers in the loyalty program (hereinafter referred to as “A.L.F. Program”) of the webshop of AlienTools GmbH. As part of our A.L.F. Program, participants can earn A.L.F. Loyalty points by either purchasing goods via the webshop’s platform using their loyalty point account or via other A.L.F. Program Campaigns. The accumulated loyalty points will be used to generate store credits that can be used towards payment of orders in the online shop (excluding shipping).

2. Participation Requirements

Participation in the A.L.F. Program requires registration on the website via https://www.alien-tools.com/alf-program. By registering, the customer makes an offer to participate in the A.L.F. Program and accepts the GTC’s of the A.L.F. Program. AlienTools GmbH will assign the customer a loyalty point account to their online customer account after complete registration (which includes a double opt-in function). For technical reasons, customers only can receive points when the order is completed online.

The customer is required to provide the correct data for registration and in case of changes, must immediately update the customer account.

Registration in the program authorizes AlienTools to send promotional emails regarding updates to the program, new products, sales, etc. to the email account on record associated with their account. Unsubscribing from this email list will result in the cancellation of participation in the A.L.F. Program and all points associated with this account will be deleted.

If the customer has determined that another person has gained knowledge of his access data or suspects misuse, that customer is required to inform AlienTools GmbH immediately.

Customers that are enrolled in our Affiliate Program are not eligible for participation.

3. General Notes

(1) Administration of the A.L.F. Program Customer Account

The customer can regularly check the amount of his loyalty point balance in his AlienTools account at http://shop.alien-tools.com/my-account. In addition to the current number of loyalty points, AlienTools GmbH also lists each point change in the loyalty point account (i.e. increase, decrease, cancellation, etc.) which can also be viewed by the customer.

(2) Fee for Participation in the A.L.F. Program

AlienTools GmbH does not charge a fee for participation in the A.L.F. Program. The use of the program is completely free for the customer.

(3) No Cash Value of Points or Rewards

Any points accumulated within this program have no cash value and under no circumstances will the customer be entitled to a payout of the A.L.F. Program loyalty points or Store Credits.

4. How To Earn Points

(1) Points From Purchases

A.L.F. Loyalty points are earned by the customer with the purchase of products via the AlienTools webshop. For every 1€ of the value of the goods purchased (i.e. excluding shipping and taxes and deducting discounts), the customer receives 3 loyalty points, properly rounded up or down in order to determine the number of points. For orders that are not made online via the webshop, as well as for orders placed prior to logging in to the A.L.F. Program, the customer will not be awarded subsequent loyalty points.

The customer will be able to see the number of loyalty points earned with each transaction in their customer account and in the shopping cart during the order process. The expected loyalty points for each product will be displayed on the product detail pages of the AlienTools webshop. This value may be subject to change in the course of the order process, if the customer, for example, uses a discount code and thereby changes the value of the products.

Collected AlienTools Loyalty points will be credited to the customer upon order completion.

(2) Further Ways to Earn Points

There is the possibility to earn points via non-purchasing loyalty points campaigns, which are listed below:

- For the sharing of a social media post of AlienTools GmbH or tagging AlienTools GmbH in a post, the customer will receive a one-time credit of 100 loyalty points. (Maximum 1 per day per customer). To be eligible for points the user’s post must be marked as ‘public’ (otherwise tagging does not work), it must include something that is AlienTools relevant (our tools, our logos/merchandise, etc.), and based on your country’s requirements should have the note that it is an ‘advertisement’. AlienTools then has the right to share these posts on their social channels.

- For a rating/review of AlienTools on Facebook or Google the customer will receive a one-time credit of 500 loyalty points. (Maximum 1 time per customer per channel)

- On the birthday, which the customer used to register, the customer will receive a one-time credit of 1000 points.

- If the customer writes a testimonial for AlienTools, which can be used online (both on social media pages and AlienTools websites), the customer will receive a one-time credit of 2,500 loyalty points. If the customer provides a photo of themself for use with the referral the customer will receive a one-time credit of 3,500 loyalty points. (Maximum 1 per customer. AlienTools may use the testimonial and image for a minimum of 1 year on their website or social media sites. After a minimum of 1 year the customer may request that it no longer be used by written request to info@alien-tools.com).

- If the customer recommends AlienTools to another company that is not already a current or previous customer of AlienTools (using the ‘Refer a Friend’ function in the ‘My Account’ section of shop.alien-tools.com) and this results in the purchasing of a Test Set or other tools by this person, the customer will receive a one-time credit of 5,000 loyalty points.

(3) Additional Point-Earning Methods

AlienTools GmbH reserves the right to offer other loyalty point campaigns in the future, which are not explicitly mentioned in these terms and conditions.

(4) Variations In Calculations

AlienTools GmbH reserves the right to carry out time-defined campaigns in the webshop, which change the 1:1 exchange rate from the purchase value to the loyalty points to be obtained. Any change to the loyalty points exchange rate will be communicated in the online shop.

(5) Right to Cancel Points

AlienTools GmbH has the right to delete loyalty points, if: • There was an incorrect booking (i.e. wrong manual booking made by an AlienTools employee) of loyalty points
• There was a technical error in the webshop that led to incorrect bookings
• The customer has violated the conditions of participation
• There is a misuse by the customer (i.e. orders were placed only to collect points, orders were not paid)
• The customer revokes his order within the legal deadline.

5. Rewards Earned Through Points

(1) Store Credit

After the customer earns 1,000 loyalty points with the A.L.F. Program, they receive a ‘Store Credit Code’ worth 10 EUR. This voucher/coupon can be redeemed in the AlienTools Webshop when placing an order.

The total amount of coupons used in any one transaction cannot exceed the value of the order excluding shipping and tax (for technical reasons) and any partially used coupons will be considered ‘completely used’ (also for technical reasons). For this reason we ask that you use only coupons for the net amount of any transaction rounded to the lowest 10 Euros.

All Store Credits must be used within 365 days of the date issued and under no circumstances will the customer be entitled to a payout of accrued Store Credits.

(2) Access to Better Pricing

In addition, there are prizes awarded for the achievement of certain point goals which are determined and distributed by AlienTools GmbH. The various point goals and discounts/prizes are as follows:

5,000 Points: Special Prize

20,000 Points: Special Prize and access to 5% better pricing in the shop (excluding sample boxes and special sale items)

40,000 Points: Special Prize and access to 10% better pricing in the shop (excluding sample boxes and special sale items)

60,000 Points: Special Prize and access to 15% better pricing in the shop (excluding sample boxes and special sale items)

6. Expiration of Loyalty Points/Rewards

Loyalty Points and Rewards earned through programs expire after 365 days from issuance. At this point a rolling 12-month calculation of total collected points (the basis for calculating access to better pricing levels) is not technically possible, therefore AlienTools will conduct a review of all accounts at the end of each year and determine if customers have earned enough points in the current year to stay in their given discount level. If it has been determined that the customer will lose their current discount level they will be informed by email.

7. Termination of A.L.F. Program/ Termination of the AlienTools GmbH Webshop account

The customer can at any time without observing a notice period, cancel participation in the A.L.F. Program. The notice of termination occurs by sending an informal message via e-mail to info@alien-tools.com. The following information must be included in the message: first and last name, and the e-mail address with which the customer account opened. Upon termination, existing loyalty points expire. A payout of the accumulated A.L.F. Program Loyalty Points or rewards is not possible under any circumstances.

AlienTools GmbH can give notice of termination with a 4 week grace period. Within this period, the customer can redeem existing loyalty points (minimum 1,000 points) for a voucher, otherwise they expire. If the termination takes place for a compelling reason (i.e. transactions were feigned by the customer, outstanding claims were not settled), the participation can be terminated without notice by AlienTools GmbH. In this case, reasons for termination must be sent in writing to the e-mail address used for registration. Any loyalty points acquired up to this point, expire.

8. Change of A.L.F. Program Terms and Conditions

AlienTools reserves the right to change these terms and conditions with a notice period of 4 weeks. The customer will be informed of these changes per e-mail. The change of the conditions of participation is considered approved, if the customer does not object within 4 weeks after notification of change. AlienTools GmbH will, in the event of an objection to the changes, properly terminate the customer’s participation in the A.L.F. Program.

9. Communication

All contractual information is communicated exclusively via the AlienTools GmbH website or via e-mail. This includes, but is not limited to, notifications about changes to the terms and conditions or termination. The customer is responsible for using a valid e-mail address when registering.

The AlienTools GmbH assumes no guarantee for the constant accessibility of its web server. Likewise, the successful delivery of the above-mentioned e-mails is not guaranteed due to technical reasons. The customer is responsible for ensuring that e-mails from AlienTools GmbH are not blocked by customer or provider e-mail filters. AlienTools GmbH sends the e-mails in standard formats that can be processed by all common e-mail services.

10. Data Protection

The current AlienTools GmbH Privacy Policy applies. (https://alien-tools.com/legal) AlienTools GmbH stores the loyalty points in the respective customer account. If the customer or AlienTools terminates according to para. 7, the A.L.F. Program loyalty points are deleted.

Participation Terms and Conditions for Alien Affiliate Alliance

1. Scope of Application

(1) These Terms of Participation (hereinafter referred to as “GTC”) apply to the contractual relationship between AlienTools GmbH, Plauener Str. 163-165, Building 5, Entry E, Floor 3, 13053 Berlin and the contracting parties (hereinafter referred to as “Partners”) of the Alien Affiliate Alliance Program (hereinafter referred to as “A.A.A. Program”).

(2) We render our services exclusively on the basis of these GTC. Own terms and conditions of the partner require our express written consent and therefore will not apply even if we do not expressly object to their validity.

2. Formation of the Contract

(1) A contract between AlienTools and the Partner is only formed via our online application process at https://www.alien-tools.com/AAA. By signing up, the partner makes an offer to participate in the A.A.A. Program and accepts the GTC. A contract is only concluded when we expressly declare acceptance of the offer.

(2) There is no right to participate in the A.A.A. Program and/or to form a contract with AlienTools. We can reject individual partners at any time without giving reasons.

3. Object of Contract

(1) The object of this contract is participation in the A.A.A. Program to increase sales of our products through our website. Participation in the A.A.A. Program is free for the Partner. For this purpose we provide the Partner, at their own discretion, a selection of promotional materials via the A.A.A. Program. We can offer different programs (hereinafter referred to as “campaigns”) at the same time.

(2) The Partner is then responsible for placing the advertising material released to him on his A.A.A. Program registered website/social media accounts (hereinafter referred to as “Partner Website/SMA”). The Partner decides freely whether he places the material and for how long he keeps the advertising material on the Partner Website/SMA. The Partner is entitled to remove the advertising material at any time.

(3) For the purpose of soliciting and successfully arranging transactions (e.g. completed orders), the Partner receives a commission based on the scope and real value of the service. The details are given in the description of the respective campaigns of the A.A.A. Program and no. 7 of these GTC.

(4) The A.A.A. Program does not establish any other contractual relationship between the parties beyond this contract.

4. Methods of Operation of the A.A.A. Program

(1) The Partner must use the data requested during the application process to register for the A.A.A. Program. After registration, an affiliate account will be set up for the partner through which the partner can see and manage all of their activities pertaining to the A.A.A. Program.

(2) For shared campaigns, we provide the partner with a specific HTML code for a link, coupon code, or other promotional materials that can be used to identify Partner Website/SMA users when they follow the link. The partner must integrate this HTML code into their website to enable tracking.

(3) Through the affiliate account, the partner also receives access to certain statistical data determined by AlienTools about the advertising materials the partner has used.

5. Our Duties

(1) At our sole discretion, we provide the Partner with a selection of advertising materials (such as banner ads, text links, videos, images, etc.) hereinafter referred to as “Advertising Materials”) for individual campaigns.

(2) We make sure that visitors are tracked to our website (hereinafter referred to as “partner leads”) via the advertising material integrated into the Partner Website/SMA. We also take care of the assignment of any orders through partner leads (hereinafter referred to as “sales”) to the partner.

(3) We operate our website and the services offered on it, such as the provision of product information, at our sole discretion, within the limits of the technical possibilities available to us. In this context, we do not owe an error- and/or interruption-free availability of our website. The quality and correctness of the products and advertising materials offered on our website are at our sole discretion.

(4) In addition, we pledge to pay the commission according to the conditions specified in No. 7 of these GTC.

6. Partner’s Rights and Obligations

(1) The Partner may only integrate the advertising material into the partner website/SMA. The Partner is expressly prohibited from making changes to the advertising material. The advertising material may only be used on the partner website/SMA for the purposes stipulated in this contract.

(2) The Partner is responsible for the content and operation of the partner website/SMA itself and will not place any content that violates and/or is in breach of applicable law, morality or third party rights and/or could possibly harm the reputation of AlienTools during the term of this agreement. We are authorized, but not obliged, to review the partner website/SMA. In particular, the Partner is prohibited from distributing content that represents, concerns, or contains:

• racism,

• glorification of violence and/or extremism of any kind,

• appeals and incitement to crime and/or breaches of the law, threats to life, body, or property,

• incitement of hate against people or businesses,

• infringements, libel, defamation, and slander by users and third parties, as well as violations of the law of fair trade

• copyright infringing content or other intellectual property rights infringement, or

• sexual harassment of users and third parties.

Such content may not be integrated in the partner website/SMA itself nor may it be linked from the partner website/SMA to corresponding content on other websites.

(3) Any form of abuse, meaning the generation of leads and/or sales through unfair methods or improper means that violate applicable law and/or these GTC is prohibited. In particular, the Partner is prohibited from attempting, by himself or through any third party, to generate leads and/or sales or to assign a sale to the partner through one or more of the following practices :

• making leads or sales under false pretenses that, e.g. by the unauthorized indication of third parties or the indication of false or non-existent data when ordering goods on the AlienTools website,

• use of forms of advertising that enable tracking but do not display the advertising material, are imperceptible, or display in a different form and/or size than was intended,

• cookie dropping: cookies may not be set when visiting the website, but rather only if the user of the partner website previously voluntarily and consciously clicked on the advertising material,

• other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames, and postview technology to increase leads,

• use of terms protected for us or third parties, in particular trademarks, in search engines, in advertisements, or in advertisements of the partner website/SMA without our express prior written consent. In particular, the Partner is prohibited from providing websites on the internet that could lead to a likelihood of confusion with us or with products offered by us. In particular, the partner may not copy our website, landing pages, other appearances, or graphics, text, and/or contents from AlienTools. The partner must avoid giving the impression that the partner website/SMA is a joint project or that its operator is commercially related to AlienTools in a manner outside of what is contractually agreed upon in the A.A.A. Program GTC. Any use of materials or content from our website as well as our logos or trademarks by the partner requires our prior written consent.

(4) The Partner undertakes to operate the partner website/SMA in all other respects in accordance with applicable law and in particular to provide a proper site notice.

(5) E-mail advertising that contains AlienTools advertising material or otherwise advertises for AlienTools may only be made if it has been previously approved by us and each addressee has consented to e-mail advertising. A verification of each e-mail address must be performed and documented by a double-opt-in procedure.

(6) The Partner will promptly remove promotional material from the partner website/SMA when prompted by us. This also applies, in particular, to websites on which we do not or no longer wish to incorporate the advertising material for whatever reason.

(7) By possible promotions of the partner website/SMA the partner will renounce any reference to AlienTools and our products. In particular, the partner will not use any context-based advertisements (including Google AdWords or AdSense) that contain the AlienTools name, company keywords, or trademarks or that are delivered based on the use of keywords. The same applies to the names of any of our products.

(8) The Partner agrees to refrain from any kind of electronic attack on our tracking system and/or our websites. In particular, attempts to overcome, circumvent or otherwise override the security mechanisms of the tracking system, the use of computer programs for automatic data readout, the use and/or distribution of viruses, worms, Trojans, Brute-Force-Attacks, spam or the use of any other links, programs or procedures that could harm the tracking system, the A.A.A. Program or individual participants of the A.A.A. Program.

7. Commission

(1) The Partner receives a performance-related commission from AlienTools GmbH for completed sales, which are carried out on the AlienTools website through partner leads.

(2) The claim to payment of the commission arises only under the following conditions:

• A sale with us from an end customer came about through the advertising activity of the partner,

• The sale has been tracked by us,

• The sale has been released and confirmed by us and

• There is no abuse within the meaning of Number 6 paragraph 3 of these GTC.

(3) A sale is deemed to be a complete order generated by an end customer on our website, which has also been paid for by the end customer. Cancellations or Reversals – for whatever reason- are not considered a sale if the end customer has not paid or any payments made by him are reimbursed. Reversals that occur more than 8 weeks after the end customer’s payment will be disregarded.

(4) Not subject to commission are orders from the Partner or his family members.

(5) Orders that are generated from Partner leads through the partner website/SMA or other ad space where we have asked the Partner to remove the ad are not subject to commission. The applies from the time of the request of removal.

(6) Relevant to the question of whether a sale is based on a partner lead is the tracking system we use. Unless otherwise specified in the A.A.A. Program or for individual campaigns, the principle “Last Cookie Wins” applies for a cookie period of 30 days. We are not obliged to pay a commission if the tracking system fails or another malfunction is caused, which means that an assignment of leads or sales to individual partners is not possible or only with considerable effort.

(7) The amount of commission shall be governed by Number 1 of the additional provisions of the GTC.

(8) All commissions are gross and will be paid, including VAT, if necessary.

8. Billing

(1) We will provide the partner with a statement of commission claims 15 days after the end of the month in his customer account. The partner will check the billing immediately. If the partner has any objections to the statement, these must be submitted in writing within 2 weeks. After expiry of this period, the statement will be considered as correct and accepted.

(2) Commission claims are due 30 days after the end of the month in which the end customer’s payment for the relevant sale falls. Commission claims are only due if a minimum payment amount of 25,- Euro net is reached. The Partner has the right to demand smaller amounts for a flat fee of 5,- Euro net plus applicable VAT. The fee will be deducted from the amount to be paid out.

(3) The commission payout will be made via PayPal to the Partner’s PayPal account on file in the Partner’s customer account. In exceptional cases (for example, the Partner has no possibility to open a PayPal account), the payment will be made by bank transfer with debt-discharging effect to the bank account specified by the partner in the customer account. Any bank charges (for example international bank accounts) are charged to the partner and will be deducted from the payout.

(4) The Partner guarantees the correctness and completeness of his tax data specified during the registration and used for billing by AlienTools GmbH. The Partner will inform AlienTools immediately about changes in this respect, if necessary he is liable for damage incurred by AlienTools GmbH from incorrect or not up-to-date data.

(5) The Partner is solely responsible for the proper registration and taxation of his income. The partner indemnifies AlienTools GmbH from all claims of third persons or institutions in this respect.

9. Liability

(1) We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.

(2) In addition, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual duty, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the partner can normally trust (cardinal obligation)

(3) A further liability of AlienTools GmbH does not exist.

(4) The above limitation of liability also applies to the personal liability of our employees, representatives and establishments.

10. Right to Exemption/Contractual Penalty

(1) The Partner shall indemnify us and our employees or agents in the event of claims for alleged or actual infringement and /or infringement of third party rights by the Partner in connection with the A.A.A. Program. In addition, the Partner undertakes to reimburse all costs incurred by such third-party claims. Reimbursable costs include the costs of proper legal defense.

(2) The Partner commits himself, for each case of abuse acc. Para. 6.3 to pay a contractual penalty to be determined by us in its reasonable discretion and to be reviewed by a court in case of dispute. The penalty will not exceed twelve times the Partner’s strongest monthly revenue within the last six months prior to abuse. Further claims for damages remain unaffected by this regulation.

11. Rights of Use

(1) The advertising material and our other contents are protected by copyright and/or other industrial property rights. For the duration and purpose of this agreement we grant the partner a simple and non-exclusive right to use the advertising material.

(2) Any modification, duplication, distribution or public reproduction of the advertising material or of a part that is material in nature and scope requires our prior written consent, insofar as it goes beyond the scope granted in Paragraph 1 above.

12. Confidentiality

(1) The Partner undertakes to keep all knowledge of our business and trade secrets or other confidential information obtained within the framework of the contractual relationship secret for an indefinite period (even beyond the end of this contract), to use it only for the purposes of the contract and, in particular, not to disclose it to third parties or use otherwise. If information is designated as confidential by us, the irrevocable presumption that it is business or trade secrets applies.

(2) The contents of this contract and the associated documents are to be treated by the Partner as confidential (as business and trade secret).

(3) The Partner shall obligate his employees and others whom he uses to fulfill his contractual obligations to maintain confidentiality in accordance with the foregoing paragraphs 1 and 2.

13. Contract Term and Termination of Contract, Locking

(1) The contract runs indefinitely (as long as the Partner remains active; defined in 13.2) and can be terminated by either party at any time without notice and/or reasons given.

(2) The Partner must show that he remains active by either providing a link or advertising material of the A.A.A. Program on the partner website or by sharing a link or advertising material of the A.A.A. Program at least once a month on the partner’s social media accounts. If the Partner fails to do this they will be considered ‘inactive’ and AlienTools has the right to immediately terminate the contract.

(3) In addition and furthermore, the right of the parties to terminate the contractual relationship by extraordinary termination due to an important reason remains unaffected. An important reason to justify extraordinary termination in this case for us would be:

• Serious breach by the Partner of obligations of this contract, in particular a violation of para. 6.2, 6.4, 6.8, and/or 6.9,

• Violation of obligations of this contract and failure to correct or discontinue the infringement despite request to do so,

• A case of abuse acc. Para. 6.3.

(4) The termination of contract can be done by e-mail. Any notice given by e-mail will be deemed to have been received on the day it is sent to the e-mail address provided by the Partner in the customer account. We can also declare the termination by restricting access to the customer account. The partner can also declare the termination by deleting the customer account. The contract will be terminated upon receipt of the termination.

(5) After termination of the contract, the partner is obligated to remove all advertising material and other links and content from AlienTools GmbH immediately from the partner website/SMA. This also applies to websites or other advertising media in which the Partner has integrated the advertising material or links without being authorized to do so.

(6) Leads and/or sales generated after termination of the contract do not result in and obligation to pay commission.

(7) Instead of termination, we may in the cases of para. 13.2 also lock the customer account. This also applies if only a reasonable suspicion of misuse acc. Para. 6.3 exists. We will inform the partner of the reason for the suspension and unlock it once the reasons for the suspension have been clarified and if necessary eliminated. Leads and/or sales generated during the period of suspension do not result in any obligation to pay commission.

14. Final Provisions

(1) Should one provision of the GTC’s be ineffective, this shall not affect the validity of the other provisions. Instead of the invalid provision, a valid provision that comes as close as possible to it applies. The GTC’s are expressly part of the contract.

(2) We reserve the right to change these GTC at any time. Any changes will be communicated to the partner by e-mail. If the partner does not agree with the changes, he is entitles to inform us of this until the expiry of four weeks from receipt of the change notification. In this case we have a special right to termination. If such notice is not given within this period, the changes shall be deemed to have been accepted and shall come into effect on the expiry of the period.

(3) This contract is subject exclusively to German law.

(4) If the partner is a merchant, a legal entity under public law, Berlin shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between AlienTools GmbH and the Partner.

(5)The Contract Language is German and this translation is provided only for clarification and in cases of disputes between the original German language contract and this translation the original German langauge contract takes precedent.