General terms and conditions concerning customer information

Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of revocation

4. PPrices and terms of payment

5. Delivery and shipping conditions

6. Reservation of title

7. Liability for defects (warranty)

8. Redemption of promotion vouchers

9. Applicable law

10. Place of jurisdiction

11. Alternative dispute resolution

1. Scope of application

1.1

These General Terms and Conditions (hereinafter referred to as ‘GTC’) of Solenal GmbH (hereinafter referred to as the ‘seller’), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as the ‘customer’) concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby objected, unless otherwise agreed.

1.2

A consumer, in terms of these General Terms and Conditions, refers to every natural person who concludes a legal transaction for purposes that can predominantly be attributed to neither his commercial nor his self-employed professional activity. An entrepreneur, in terms of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in order to exercise his commercial or self-employed professional activity.

2. Conclusion of contract

2.1

The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2

The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button, thus concluding the ordering process. Furthermore, the customer can also submit the offer to the seller via the online contact form.

2.3

The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4

If the ‘PayPal Express’ payment method is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’): subject to the PayPal conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects ‘PayPal Express’ as a payment method during the online ordering process, he/she also places a payment order with PayPal by clicking the button that completes the ordering process. In this case, the seller hereby declares the acceptance of the customer’s offer at the time when the customer initiates the payment process by clicking the button concluding the order process.

2.5

If the ‘Amazon Payments’ payment method is selected, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as ‘Amazon’): subject to the Amazon Payments Europe user agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects ‘Amazon Payments’ as the payment method within the scope of the online ordering process, he/she also places a payment order with Amazon by clicking the button, thus concluding the order process. In this case, the seller hereby declares the acceptance of the customer’s offer at the time when the customer initiates the payment process by clicking the button concluding the order process.

2.6

When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in a text form (e.g. e-mail, fax or letter) once the customer’s order has been sent. Beyond this, the seller will not make the text of the contract accessible. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and this can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.7

Before placing an order that is binding via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The enlargement function of the browser (which is used to enlarge the display on the screen) may be an effective technical means for better recognition of input errors. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8

German is the only language available for the conclusion of the contract.

2.9

The ordering process and contact function are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of revocation

3.1

Consumers are generally entitled to a right of revocation.

3.2

Further details concerning the right of revocation are contained in the seller’s revocation policy.

3.3

The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time the contract was concluded.

4. Prices and terms of payment

4.1

Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include value added tax at the statutory rate. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

4.2

In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by banks (e.g. transfer fees, exchange rate charges), import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3

The payment option(s) is/are communicated to the customer in the seller’s online shop.

4.4

If advance payment by bank transfer has been agreed upon, payment is due immediately after the conclusion of the contract, unless the parties have agreed upon a later due date.

4.5

If payment is made by means of a payment method offered by PayPal, payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’): subject to the PayPal conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6

If the ‘SOFORT’ payment method is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as ‘SOFORT’). In order to be able to pay the invoice amount via ‘SOFORT’, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in ‘SOFORT’. He must be able to identify himself accordingly during the payment process and confirm the payment instruction with regard to ‘SOFORT’. The payment transaction will be executed immediately afterwards by ‘SOFORT’ and the customer’s bank account will be debited. Further information concerning the ‘SOFORT’ payment method can be obtained by the customer online at https://www.klarna.com/sofort/ abrufen.

4.7

If the invoice purchase payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless agreed otherwise. The seller reserves the right to offer the purchase on account payment method only up to a certain order volume. The seller also reserves the right to refuse this payment method if the order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in his payment information in the online shop.

5. Delivery and shipping conditions

5.1

The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless agreed otherwise. When processing the transaction, the delivery address specified in the seller’s order is decisive. Notwithstanding the above, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2

In the case of goods delivered by a forwarding agent, delivery shall be ‘free kerb’, i.e. to the public kerb nearest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless agreed otherwise.

5.3

If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of making a delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service at a reasonable period in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In cases where the customer effectively exercises the right of revocation, the provision made in the seller’s revocation policy shall apply to the costs of making the return shipment.

5.4

Self-collection is not possible for logistical reasons.

6. Reservation of title

If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price which is owed.

7. Liability for defects (warranty)

7.1

If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2

The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8. Redemption of promotion vouchers

8.1

Vouchers which are issued free of charge by the seller within the scope of promotions and which have a certain period of validity and cannot be purchased by the customer (hereinafter referred to as ‘promotion vouchers’) can only be redeemed in the seller’s online shop and only during the specified period.

8.2

Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotion voucher.

8.3

Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4

Only one promotion voucher can be redeemed per order.

8.5

The value of the goods must be at least equal the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

8.6

If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7

The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.

8.8

The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

8.9

The promotion voucher is only intended for use by the person named on it. Any transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9. Applicable law

9.1

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his residence is not withdrawn.

9.2

Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

10. Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to appeal to the court at the customer’s place of business.

11. Alternative dispute resolution

11.1

The EU Commission provides a platform for the online resolution of disputes on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts in which a consumer is involved.

11.2

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.