Terms of service
General Terms and Conditions
I. General Provisions
1.1 The following terms and conditions of business and delivery apply to all contracts between Norddeutsche Apparate-Bau-Anstalt Lyck & Co. GmbH (hereinafter "User"), Marga-Faulstich-Straße 2, 24145 Kiel, and its clients.
1.2 Conditions of the client that deviate from these General Terms and Conditions will only be recognized if the User has agreed to their validity in writing. This also applies if the User executes orders without reservation despite being aware of conflicting or deviating conditions of the client.
1.3 Agreements that deviate from or supplement these General Terms and Conditions must be recorded in writing. The waiver of the written form requirement also requires written form.
1.4 These General Terms and Conditions are available, among other places, on the website "www.alktools.com" and can also be downloaded there as a PDF.
II. Conclusion of Contract
Offers from the User do not constitute legally binding offers but rather non-binding invitations to the client to submit a legally binding offer to the User. Otherwise, offer documents from the User contain an express invitation to the client to accept the offer bindingly by countersigning. The conclusion of a contract requires written form, whereby a countersigned offer transmitted by fax or email scan also satisfies the written form requirement.
III. Service Description, Quality
3.1 Information contained in catalogs or price lists, data sheets, and illustrations represent only standard industry approximate values, unless they have been expressly designated as binding in the order confirmation.
3.2 The assurance of a specific characteristic always requires a separate written declaration of assurance from the User. Where approvals or certifications are required for client-specific applications of the goods, it is the client's responsibility to ensure these are obtained.
3.3 Any samples and specimens are non-binding to the extent that minor deviations in execution that do not impair usability do not constitute a defect, unless specific characteristics have been guaranteed.
3.4 The branding irons manufactured by the User are intended for client-specific engravings. The client alone is responsible for the proper installation of corresponding engraving plates and execution of the engraving. Use must be carried out in accordance with the relevant operating instructions.
3.5 The surface of the branding irons offered by the User may, due to the design, tarnish or discolor as a result of heat generation. This does not impair usability and does not constitute a constructive or technical defect. Careful handling of the products in accordance with the operating instructions is required to ensure the longevity of the heating elements contained in the branding irons.
IV. Prices and Payment Terms
4.1 All prices quoted by the User are – unless otherwise stated – exclusive of shipping costs. The applicable statutory VAT will be shown separately upon invoicing. The currency is Euro. Prices apply "ex works" from the User.
4.2 If, after conclusion of the contract, cost increases arise due to increased personnel or material costs or due to price increases from the User's suppliers, the User is entitled to adjust the prices agreed with the client in line with the actual cost increase. The User will inform the client immediately upon becoming aware of any such cost increases and will provide evidence of the nature and extent of the resulting price increase upon the client's request.
4.3 Unless otherwise agreed in text form, payments to the User are due 10 days after invoicing without any deductions. For first-time orders, services will generally only be rendered against advance payment or via PayPal.
4.4 Set-off against claims of the User is excluded unless the counterclaim is undisputed or has been established by final judgment. The client is not entitled to transfer rights under this contract to third parties without the User's consent. The client is only entitled to exercise a right to refuse performance or a right of retention against the User's claims to an extent that bears a reasonable proportion to the client's counterclaims. The exercise of a right of retention is only permissible if the client's counterclaim arises from the same contractual relationship with the User.
V. Delivery, Partial Performance
5.1 Delivery dates specified in order confirmations are non-binding unless expressly agreed otherwise in text form. Where binding delivery periods have been agreed, these are subject to the reservation of correct and timely supply to the User by its suppliers, provided the User has concluded a congruent covering transaction with the relevant suppliers. The User will inform the client immediately of any delayed performance by a supplier. Delivery delays that fall outside the User's area of responsibility extend the respective delivery period for the duration of the impediment. The User will inform the client immediately of the occurrence of such an event.
5.2 The User is entitled to make early and/or partial delivery with immediate partial invoicing. This does not apply insofar as the partial delivery is unreasonable for the client.
5.3 Unless otherwise agreed, shipping costs are to be borne by the client in accordance with the contractual provisions. The client bears the risk of transport. At the client's request and expense, the User will arrange transport insurance for the delivery.
VI. Retention of Title
6.1 Delivered goods remain the property of the User until all claims – including future claims – arising from the ongoing business relationship have been settled in full. In the case of current accounts, the retention of title serves to secure all balance claims to which the User is entitled against the client. If the value of the goods subject to retention of title exceeds the value of the User's claims against the client by more than 20%, the User will, upon the client's written request, release security interests of the User's choice to the extent of the excess. Declarations of release require written form.
6.2 If the goods subject to retention of title are mixed or processed with other goods not belonging to the client, the User acquires co-ownership of the new item in proportion to the User's delivery share relative to the delivery shares of third parties. Pledging or assignment by way of security of the goods subject to retention of title is not permitted without the User's express consent.
6.3 The client undertakes to insure the goods subject to retention of title at its own expense against fire, burglary, theft, and other risks. The rights arising from the insurance policies are assigned to the User for the duration of the retention of title. The User accepts this assignment.
6.4 The User is entitled, in the event of the client's conduct contrary to the contract – in particular in the event of default in payment or material breach of contractual obligations – to withdraw from the contract and to demand return of the goods subject to retention of title. This also applies if insolvency proceedings are opened over the client's assets or if the opening of insolvency proceedings is rejected for lack of assets. Irrespective of the exercise of a right of withdrawal, the client's right to possession of the goods subject to retention of title ceases upon default in payment.
6.5 The client may not pledge the goods subject to retention of title to third parties or assign them as security. However, the client is entitled to resell the goods subject to retention of title in the ordinary course of business, provided it also agrees to a retention of title in doing so. To this end, the client hereby assigns to the User by way of security, in full, all claims arising from the resale or from any other legal basis in this connection. However, the client is revocably authorized to collect the assigned claim in its own name for the account of the User, whereby the User will only revoke this authorization if the client fails to duly meet its payment obligations.
6.6 The client is liable for loss and all damage to the goods from the time of handover until full payment to the User. In the event of damage, destruction, attachment, or other interference by third parties with the goods subject to retention of title, the client must inform the User immediately, stating the name and address of the third party, and draw the third party's attention to the User's ownership rights. All judicial or extrajudicial costs arising from such interference shall be borne by the client. If the goods subject to retention of title have come into the possession of a third party, the client shall, upon request, assign to the User any claims for return against the third party.
VII. Warranty
7.1 Warranty rights are governed by the statutory provisions, subject to the following limitations.
7.2 The client is obliged to report obvious defects in writing within an exclusion period of five working days from receipt of the goods and hidden defects immediately, but no later than within five working days of their discovery. Otherwise, the assertion of a warranty claim is excluded. To meet the deadline, timely dispatch of the notice of defect to the User is sufficient, even if it should reach the User at a later date.
7.3 The User is entitled, at its own discretion, to remedy defects either by repair or by delivery of a defect-free item.
7.4 The warranty period is one year from delivery of the goods. This does not apply insofar as a justified case of supplier recourse pursuant to Section 478 of the German Civil Code (BGB) exists.
VII a. Wear Parts
The warranty for heating elements contained in a branding iron is excluded. These are wear parts whose service life depends significantly on how the user handles the products.
VIII. Liability
The User is liable for expenses or damages – regardless of the legal basis – only in cases of intent or gross negligence on the part of its representatives or vicarious agents. This limitation of liability does not apply to breaches of material contractual obligations; however, in such cases liability is limited in amount to the typical foreseeable damage, but in any case to a maximum of €1,000.00 per loss event. The User maintains corresponding liability insurance to this amount. Material contractual obligations are, in abstract terms, those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance a contractual party may regularly rely. Liability for damages arising from injury to life, body, or health, as well as liability under the German Product Liability Act, remains unaffected.
IX. Right of Withdrawal for Distance Contracts
If the order is placed by a consumer using the online shop, this constitutes a distance contract within the meaning of Section 312c of the German Civil Code (BGB). The following cancellation policy therefore applies:
9.1 Right of Withdrawal
You have the right to withdraw from the contract concluded by your order within 14 days without giving any reason. The withdrawal period begins on the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax, or email). Please direct your withdrawal to:
Norddeutsche Apparate-Bau-Anstalt Lyck & Co. GmbH Marga-Faulstich-Str. 2 24145 Kiel Telephone: 0431 / 72 27 17 Email: info@alk-tools.com
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), promptly and no later than fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees as a result of this reimbursement.
The costs of returning the goods shall be borne by the buyer.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to our address stated above promptly and in any event no later than fourteen days from the day on which you notify us of the withdrawal. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
End of Cancellation Policy
9.3 Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
X. Data Protection
The User will process and use the personal data required for order processing and fulfillment within the scope of the business relationship in compliance with all data protection regulations, in particular the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Data will only be passed on to third parties to the extent necessary within the scope of contractual service provision for order processing and cooperation with subcontractors, or where the client has given corresponding consent.
XI. Place of Performance, Jurisdiction, Applicable Law
11.1 The exclusive place of jurisdiction and place of performance for all legal disputes arising from a contractual relationship with the User under these General Terms and Conditions is Kiel.
11.2 The law of the Federal Republic of Germany applies exclusively, to the exclusion of conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
(As of: May 2026)