1. Introduction and Scope 

1.1. These Terms and Conditions (“Terms”) govern all transactions and services provided by Vulcan Alpha GmbH, including but not limited to the sale and purchase of automotive parts, consulting services, 3D scanning, and fitting services, regardless of the medium through which the sale or service is conducted. This includes, but is not limited to, transactions and interactions initiated or conducted through our website (vulcan-alpha.com), via telephone, email, social media platforms, or in-person interactions. 

These Terms bind both commercial customers and consumers in their contractual relationships with Vulcan Alpha GmbH. They define the mutual rights and obligations with respect to the use and provision of Vulcan Alpha GmbH’s products and services. 

1.2. It is expressly stated that these Terms apply exclusively to all deliveries and services provided by Vulcan Alpha GmbH unless an alternative agreement has been explicitly acknowledged and confirmed in writing by Vulcan Alpha GmbH. Any terms and conditions of the buyer only apply if they have been explicitly accepted and acknowledged in writing by Vulcan Alpha GmbH. Furthermore, our Terms also apply to all future transactions with the customer, even if not explicitly referenced in individual cases, to ensure a consistent legal framework for all interactions. 

2. Provider and Contractual Partner 

Vulcan Alpha GmbH 

- Burgstraße 1, 53520 Nürburg, Germany VAT ID: DE366702606 

- E-mail: info@vulcan-alpha.com; Phone: +49 2691 9353560 

- Commercial Register: Amtsgericht Koblenz, HRB 30068 

- Managing Directors: Mikhail Charoudin, Lapo Corenich, Dyana Floor 

Customers may encompass both natural and legal entities, engaging as consumers pursuant to § 13 of the German Civil Code (BGB) or as entrepreneurs under the definition provided in § 14 BGB. 

3. Order and Contract Formation 

3.1. The presentation of products and services through the various channels of Vulcan Alpha GmbH, including but not limited to our website, telephone, email, social media platforms, or direct personal interactions, is non-binding for Vulcan Alpha GmbH. An order placed by a customer through these channels constitutes an offer to conclude a contract based on these terms, which requires the express acceptance by Vulcan Alpha GmbH. 

3.2. Acceptance by Vulcan Alpha GmbH according to 3.1. of these Terms can occur through a written confirmation, for example via email, verbal agreement, or the commencement of order fulfillment activities known to the customer, such as shipping products or starting services. All offers made by customers require express acceptance by Vulcan Alpha GmbH.

3.3. The presentation of products in our online shop and through other channels does not constitute a contractual offer by Vulcan Alpha GmbH that can be unilaterally accepted by customers. These presentations are solely for promotional purposes and are non-binding for Vulcan Alpha GmbH. 

4. Product and Service Descriptions 

4.1. Vulcan Alpha GmbH supplies a variety of automotive parts and provides services both in this context, and independently of this as well. The inventory includes, but is not limited to, aerodynamic components like wings and diffusers, structural parts such as mounts and fenders, braking components including brake discs and calipers, and performance enhancements like suspension kits and intake manifolds. 

4.2. Vulcan Alpha GmbH offers an assortment of automotive components, including customization services through 3D scanning. Fitting services are selectively offered and not guaranteed for all products. Customers should note that our parts may not be certified or have approval for use on public roads. It’s the responsibility of the customer to ensure that the use of Vulcan Alpha GmbH’s products complies with all local regulations, especially for public road use. Vulcan Alpha GmbH disclaims any liability for non-compliance with such regulations. 

5. Pricing and Payment 

5.1. Prices for Vulcan Alpha GmbH’s products and services are provided on our website or conveyed via other channels as specified in these Terms, inclusive of VAT in accordance with EU regulations. The total cost, including any taxes applicable as per the destination country’s legislation, will be clearly outlined upon the finalization of the order process. Payment methods offered to customers encompass a range of options, including but not limited to credit/debit cards, direct bank transfers, and various online payment platforms. 

5.2. For international customers outside the European Union, please be advised that local sales tax, GST, or VAT rates may differ, and any customs duties or import taxes incurred will be the sole responsibility of the customer. Vulcan Alpha GmbH recommends that all customers consult their local tax regulations to ensure full compliance with tax obligations. 

5.3. In the event of late payment, Vulcan Alpha GmbH will charge interest on overdue amounts at a rate of 8% for commercial customers and 5% for consumers, each above the base interest rate of the European Central Bank, starting from the first day after the invoice due date. Furthermore, Vulcan Alpha GmbH reserves the right to withhold the delivery of products or the provision of services until all due payments, including late fees, are fully settled. The assertion of further damages due to delay is expressly reserved.

5.4. Except for special orders, custom-made products, or other items individually manufactured for the customer, as well as for individual services, Vulcan Alpha GmbH operates with list prices, based on which contracts are concluded. All other prices are subject to individual agreement between the contracting parties. 

5.5. Every payment made to Vulcan Alpha GmbH is applied to the oldest outstanding invoice. Should costs and interest accrue due to late payments, payments will first cover the costs, then the interest, and finally the principal claim. Customers are reminded that failure to meet payment deadlines entitles Vulcan Alpha GmbH to demand immediate payment for all outstanding invoices, regardless of previously agreed payment terms. 

5.6. Customers are encouraged to consult the detailed tax obligations and compliance guidelines as provided by local authorities or seek advice from a tax professional to ensure that all financial transactions comply with the specific legal requirements of their home country. 

6. Delivery and Shipping 

6.1. Vulcan Alpha GmbH will dispatch orders as quickly as possible and will do everything within its power to adhere to delivery times set during the order process, depending on successful payment processing and product availability. Shipping costs and estimated delivery times are determined individually based on the destination of the order and the chosen shipping method. 

6.2. Delivery dates provided by Vulcan Alpha GmbH are estimates and are not guaranteed. Vulcan Alpha GmbH will actively engage with customers to seek alternative solutions or adjustments in case of delivery delays or unforeseen circumstances that could affect the agreed delivery schedules. In situations where specific items are not immediately available for dispatch, Vulcan Alpha GmbH may opt for partial shipments to ensure the remaining items are delivered as promptly as possible, thereby minimizing any inconvenience. 

6.3. Vulcan Alpha GmbH disclaims any responsibility for delays caused by shipping companies, customs clearance, or other external processes beyond our control. Packaging is included in the price to the extent that it is standard packaging. Special packaging requested by the customer may incur additional costs. The costs for transport insurance will only be covered if it has been expressly agreed with the buyer. 

6.4. The place of fulfillment for Vulcan Alpha GmbH’s obligations is its business location, unless otherwise expressly agreed in writing. 

6.5. Customers are required to thoroughly inspect the delivered goods and report any transport damages immediately upon receipt, either to the delivering personnel, who should ideally confirm the transport damage in writing, and by promptly communicating with the customer service of Vulcan Alpha GmbH.

6.6. In the event of delivery delays caused by force majeure events, such as natural disasters, strikes, or governmental actions, Vulcan Alpha GmbH is exempted from its delivery commitments for the duration of the disruption and an additional reasonable period for resumption thereafter. Should such events significantly hinder or render delivery impossible, Vulcan Alpha GmbH retains the right to terminate the contract, partially or fully, without owing a compensation. Affected customers will be promptly informed, and any payments already made will be reimbursed. 

6.7. Additionally, Vulcan Alpha GmbH provides a “Click & Collect” option, allowing customers to personally collect their orders at a designated pickup point. Customers selecting this service will be notified when their order is ready for collection. If orders are not collected within the communicated timeframe, Vulcan Alpha GmbH may establish a final deadline for pickup. Failure to collect the order within this extended period may lead to order cancellation, where all payments minus any damages due to delay will be refunded by Vulcan Alpha GmbH and the items restocked, unless they are custom-made goods or services (see section 6.8. of the Terms). 

6.8. Refunds according to section 6.7. of the Terms depend on the type of product. Returns are not permitted for custom-made products that have been manufactured according to individual specifications of the customer. 

7. Retention of Title 

7.1. All goods delivered by Vulcan Alpha GmbH remain the property of Vulcan Alpha GmbH until full payment of the purchase price has been made by the customer. This retention of title extends to all products and services offered until any and all outstanding debts related to the transaction have been fully settled. 

7.2. Vulcan Alpha GmbH extends the retention of title to scenarios in which the goods are incorporated or transformed before full payment has been made. In such cases, it is agreed that Vulcan Alpha GmbH acquires co-ownership of the new item in proportion to the value of the goods supplied by it relative to the other incorporated items at the time of incorporation or transformation. Vulcan Alpha GmbH disclaims any liability for the use or functionality of installed or transformed products. 

7.3. The customer is entitled to resell the goods in the ordinary course of business; however, they hereby assign to Vulcan Alpha GmbH all claims arising from such resale, regardless of whether the goods have been processed prior to the sale or not. Vulcan Alpha GmbH accepts this assignment. Despite the assignment, the customer is authorized to collect the debt. Vulcan Alpha GmbH reserves the right to collect the debt directly should the customer fail to meet their payment obligations. In this context, the customer must provide Vulcan Alpha GmbH with the name and address of their buyer.

8. Warranty and Liability 

8.1. Vulcan Alpha GmbH offers a two-year warranty covering defects in materials and workmanship under normal usage conditions from the date of purchase. This warranty excludes damages caused by wear and tear, misuse, improper installation, and unauthorized modifications. To file a warranty claim, the customer must provide valid proof of purchase and, if necessary, demonstrate that the defect was present at the time of delivery. Liability for indirect, incidental, or consequential damages is expressly excluded to the extent permitted by law and is generally limited to cases of deliberate misconduct and gross negligence. 

8.2. In the event of a warranty claim for defects, Vulcan Alpha GmbH initially has the right to rectify the issue. Alternatively, Vulcan Alpha GmbH may choose to reject the rectification and opt for a refund of the purchase price instead. Otherwise, the laws of the Federal Republic of Germany apply. 

9. Returns, Cancellations, and Refunds 

9.1. Vulcan Alpha GmbH allows customers to cancel an order within a period of 14 days, which requires notification to Vulcan Alpha GmbH through established communication channels such as email or telephone. According to applicable law, the 14-day cancellation period does not apply to goods that have been made to order or clearly personalized at the customer’s request. 

9.2. For all other purchases, customers may return the goods in their original, undamaged condition and in the original packaging within a period of four weeks after receipt, without providing a reason. Returns, both domestic and international, are at the expense and risk of the customer until they are confirmed by Vulcan Alpha GmbH according to section 9.3. of these Terms. Customers must use a traceable method for returns. Instructions for returning items can be obtained from Vulcan Alpha GmbH’s customer service. 

9.3. Upon receipt and inspection of the returns, Vulcan Alpha GmbH will issue refunds for the purchase price and the cost of standard shipping, unless the return conditions have not been met. In cases of damaged or defective goods, customers must immediately contact Vulcan Alpha GmbH for a resolution, which may include replacement, repair, or refund. These claims are excluded if the defect or damage is due to improper conduct by the customer. 

9.4. Customers may only offset their own claims against claims of Vulcan Alpha GmbH or assert a right of retention if their counterclaims are legally established or undisputed. 

10. Data Protection and Privacy 

10.1. Vulcan Alpha GmbH adheres to strict data protection and privacy practices in compliance with applicable laws, including the GDPR. Personal data is collected through direct interactions, such as forms and emails, and automatically via website use, to enhance our services and analyze user engagement.

Vulcan Alpha GmbH acts as the data controller, processing data based on legal grounds including consent, contractual necessities, compliance with legal obligations, and legitimate interests. 

10.2. Data subjects have the right to request access to, rectification, deletion, or restriction of their personal data, and to object to the transfer of their data to third parties. Consent to data processing can be withdrawn at any time. Personal data is retained as long as necessary for the purposes for which it was collected and to fulfill legal requirements. The customer waives compliance with any statutory retention periods to this extent. 

10.3. Data may be transferred to third parties for service provision, legal compliance, or with consent, employing safeguards to ensure data protection law compliance. Vulcan Alpha GmbH employs security measures like SSL/TLS encryption to protect personal data. 

10.4. Regarding our data protection practices, including the use of cookies, analytics, and third-party services, we refer to our privacy policy available on our website. Vulcan Alpha GmbH is firmly committed to protecting personal data and upholding data protection rights. 

11. Modification of Terms 

11.1. Vulcan Alpha GmbH reserves the right to modify or update these Terms and Conditions at any time without prior notice in order to ensure compliance with applicable laws, enable new services or functionalities, or for any other reason deemed necessary by Vulcan Alpha GmbH. Changes to the Terms take effect immediately upon their publication on our website at the time of contract conclusion with new customers, and with existing customers upon obtaining their consent. If the existing customer does not give consent, the previous terms and conditions remain effective. However, the conclusion of a new contract with existing customers will also be based on the new, amended terms and conditions. 

12. Jurisdiction and Dispute Resolution 

12.1. All disputes with commercial customers related to the products and services provided by Vulcan Alpha GmbH, including sales, deliveries, and the quality of automotive parts and related services, are subject to the jurisdiction of German courts, with the court of jurisdiction being in Koblenz. This jurisdiction agreement applies to all disputes arising from or related to the contractual relationship between Vulcan Alpha GmbH and the customer. 

12.2. The place of performance for all services provided by Vulcan Alpha GmbH shall be its registered office.

13. Final Provisions 

13.1. These Terms and Conditions constitute the basis for all contractual agreements between Vulcan Alpha GmbH and the customer. Should any part of these terms be found to be invalid, illegal, or unenforceable, this will not affect the validity and enforceability of the remaining provisions. The remaining clauses shall remain in effect. In place of any provision rendered ineffective for the aforementioned reasons, a provision that most closely achieves the intended purpose of the original provision shall apply. 

13.2. It is expressly agreed that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms and Conditions, nor to any dispute or transaction arising out of the subject matter of these Terms. 

13.3. These General Terms and Conditions and any disputes arising from or related to these terms are exclusively governed by the laws of the jurisdiction where Vulcan Alpha GmbH’s business headquarters is located.