Conditions
§1 General terms and conditions
- The following general terms and conditions apply to the contractual relationships concluded between the seller and its customers (hereinafter referred to as the “buyer”) within the framework of the online shop of SolX GmbH, Kurpromenade 25, 76332 Bad Herrenalb, (hereinafter referred to as the “seller”).
- Contracts are concluded with both consumers and entrepreneurs.
- A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
- According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§2 Conclusion of the contract
- All products, articles and services available for purchase in the Seller's online shop do not constitute binding offers by the Seller in the legal sense, but are themselves an invitation to the Buyer to make an offer.
- After the buyer has sent the order, he or she immediately receives an email confirming receipt of the order, but this does not constitute acceptance of the offer in the legal sense, which is how the contract is concluded. The contract is concluded by a separate order confirmation from the seller. Alternatively, the contract is concluded when the ordered goods are delivered to the customer or the customer is asked to pay.
§3 Prices, VAT, payment
- All prices quoted are total prices including statutory VAT plus any shipping costs depending on the delivery method (see § 4).
- The seller offers the payment methods that are communicated within the online shop. The seller issues the customer an invoice for the ordered goods, which is enclosed with the delivery of the goods or sent by letter.
§4 Deliveries, shipping costs and transfer of risk
- If a delivery (delivery to the shipping company) has been agreed between the seller and the buyer, this will take place immediately after receipt of payment. Please refer to the respective item description for the shipping and packaging costs and the delivery date. There, the shipping and packaging costs are shown as a total sum for the respective countries to which the corresponding items are shipped.
- If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. If the customer instructs the freight forwarder or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder or the person or institution otherwise designated to carry out the shipment.
- If, however, the buyer is an entrepreneur, the risk passes to the buyer as soon as the seller has delivered the item to the freight forwarder or to the person or institution otherwise designated to carry out the shipment.
- The seller's delivery and payment terms are detailed in the order form. Please refer to the respective item description for the delivery date.
- On the last order page before submitting your offer, you will receive a complete overview of the essential features of the goods, the total price of the goods, as well as all associated components such as shipping and packaging costs.
§5.Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (SolX GmbH, Kurpromenade 25, 76332 Bad Herrenalb, telephone +49 7083 9330398, email info@solx.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You must bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts:
- For the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- For the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
- For the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
- For the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.
- For the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
The right of withdrawal may expire for contracts:
- For the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
- For the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
- For the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
-End of revocation-
Sample cancellation form
If you wish to withdraw from the contract, please fill out this form and
send it back.
To [SolX GmbH, Kurpromenade 25, 76332 Bad Herrenalb, Telephone +49 7083 9330398, Email info@solx.de]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is on paper)
- Date
_______________
(*) Delete as appropriate.
§6 Retention of title
The seller reserves ownership of the goods until the purchase price has been paid in full.
§7 Liability for defects
- The statutory liability for defects applies to our goods. Consumers also generally have a right of cancellation. You can find more information about the right of cancellation in the seller's cancellation policy.
- If a consumer purchases used goods, the limitation period for claims for defects is one year from delivery of the goods, if this agreement was expressly agreed separately between the buyer and the seller before the customer submitted the contractual declaration.
- The following applies to entrepreneurs:
- The limitation period for new goods is one year from delivery of the goods.
- Claims for defects are excluded for used goods.
- If a replacement delivery is made, the limitation period does not begin again.
- The seller can choose the type of subsequent performance.
- For claims for damages and reimbursement of expenses by the customer
- In the event that the defect was fraudulently concealed by the seller
- If there is an obligation to update digital products within the framework of a contract for the delivery of goods with digital elements
- For goods which cause the defect in a building and are normally used in such a building.
§8 Further information obligations for distance selling contracts and electronic commerce
1. Technical steps for conclusion of contract/order process
Select the products you would like to order by clicking on the shopping cart symbol button (“Add”). This will put your selection into the shopping cart. You can change this selection at any time up until you submit your order by changing the number of products, deleting the selection by clicking on the “Delete” button or canceling the order process. Clicking on the “Continue to order” button takes you to the next order step. Then enter your customer data. Your data will be collected, processed and used in compliance with data protection regulations. It will not be used for any other purpose or passed on to third parties. Select the delivery method. Please read the general terms and conditions and the cancellation policy carefully. You can only proceed with the order if you agree to the general terms and conditions under the cancellation policy (check the box). In the next order step, please select the desired payment method. By clicking on the “Buy” button, you send your order to us. You are hereby making a legally binding offer.2. Storage of the contract text after conclusion of the contract and accessibility for the
The contract text and your order details are saved by the seller. After you have completed your order, you will receive a clear order confirmation containing all the details of your order. You can also print out the contract text using the browser's print function. Your order details are also included separately in the email sent to you. In addition, the seller will send the buyer the contract terms by email at any time upon request.3. Possibility of correcting input errors
You have the option to correct your entries at any time before placing your order. This can be done using the "back button" or the "back arrow" on your Internet browser. You can make corrections either directly on the individual offer pages in the existing input fields. You also have the option of updating the products or deleting individual products in the virtual shopping cart. All of these correction options are available up to and including the submission of the binding offer using the "Buy" button.4. Contract language
The contract language is exclusively german.5. Codes of Conduct
The seller has not submitted to any relevant codes of conduct.6. Order confirmation
After the customer has submitted the offer, he or she will receive a confirmation email.7. Complaints and warranties
Complaints, especially warranty claims, must be addressed to the seller.8. Essential characteristics of the goods
The essential features of the goods can be found in the item description. This also applies to the period of validity of any limited-time offers.
§9 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Union has set up an online platform (“OS platform”) to which you can turn for the out-of-court settlement of consumer disputes. The OS platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at https://ec.europa.eu/consumers/odr/ “
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§10 Information obligation according to the Battery Act (BattG)
In connection with the sale of batteries or accumulators or with the delivery of devices that contain batteries or accumulators, we are obliged under the Battery Ordinance to point out the following: Batteries must not be disposed of in household waste. As an end user, you are legally obliged to return used batteries. After use, you can return batteries to the point of sale or in the immediate vicinity (e.g. in municipal collection points or in stores) free of charge. You can also return batteries from our range to us in the usual quantity by post. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out garbage can. The chemical name of the harmful substance is located near the garbage can symbol. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride and "Zi" for zinc. The symbols under the garbage cans stand for:
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Pb: Battery contains more than 0.004 percent lead by weight
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Cd: Battery contains more than 0.002 percent cadmium by weight
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Hg: Battery contains more than 0.0005 percent mercury by mass
The symbol of the crossed-out garbage cans means that the battery must not be disposed of in household waste.
Further detailed information on the Battery Act is also available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
§11 Law on the placing on the market, return and environmentally sound disposal of electrical and electronic equipment
Manufacturers have been required to take back old electrical equipment that has been placed on the market since August 13, 2005, free of charge. Manufacturers must mark their electrical and electronic equipment that is placed on the market after November 23, 2005 with a symbol (a crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old equipment is not to be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems. In accordance with the ElektroG law of March 23, 2005, from November 25, 2005, we will only sell electrical and electronic equipment from manufacturers who have registered with the relevant authority and can provide proof of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment.
§12 Final provision
The contractual relationship between the seller and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. Consumers who habitually reside abroad can also rely on the law of the state in which they are resident, regardless of the specific choice of law.