Conditions

 

1. Scope
   1.1 These general terms and conditions (hereinafter "AGB") of SOL Motors GmbH (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in Complete goods shown to its online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
   1.2 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
   1.3 Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a mason delivery and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.

2. Conclusion of the contract
   2.1 The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but are used to submit a binding offer by the customer.
   
   2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart.
   
   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 email), whereby the receipt of the order confirmation is decisive in the customer, or
   - by delivering the ordered goods to the customer, whereby the access of the goods is decisive for the customer, or
   - by asking the customer to pay after submitting his order.
   If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
   
   2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of the PayPal-Use conditions, visible at https://www.paypal.com/de/webapps/mpp/ua /User-agreement-full or-if the customer does not have a PayPal account-with the validity of the conditions for payments without PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button final.
   
   2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe S.C.A., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the validity of the Amazon Payments Europe usage agreement, https://payments.amazon.de/help/201751590. If the customer selects as a payment method as part of the online ordering process "Amazon Payment", he also gives a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already explains the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
   
   2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
   
   2.7 Before submitting the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
   
   2.8 The German and the English language are available for the conclusion of the contract.
   
   2.9 The order processing and contact usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3. Right of withdrawal
   3.1 Consumers are generally entitled to a right of withdrawal.
   
   3.2 More information on the right of cancellation arises from the cancellation policy of the seller.

4. Prices and terms of payment
   4.1 Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
   
   4.2 In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place 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 is/will be communicated to the customer in the seller's online shop.
   
   4.4 When selecting the payment method "Immediately", the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have a online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. The customer can call up more information about the payment method "Immediately" on the Internet at https://www.klarna.com/sofort/.
   
   4.5 When selecting the payment method credit card via Stripe, the invoice amount is due immediately with the conclusion of the contract. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method with a negative credit check.

5. Delivery and shipping conditions
   5.1 The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
   
   5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
   
   5.3 The seller reserves the right to withdraw from the contract in the event of no correct or not proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
   
   5.4 Self -collection is possible after prior consultation.

           5.5 The delivery period is extended in the event of force majeure, in particular, but not exclusively floods, natural disasters, shortage of raw materials, terrorist attacks, war, strike.

 

1. Contract duration and termination of the contract for subscription contracts
   6.1 Subscription contracts are limited to the contract term that is apparent from the respective product description in the online shop of the seller and end automatically after the contract term.
   
   6.2 The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.
   
   6.3 Terminations must be made in writing or in text form (e.g. by email).

2. Retention of title
   If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

3. Liability for defects (warranty)
   8.1 If the purchased item is poor, the provisions of the statutory liability for defects apply.
   
   8.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after a year from the delivery of the goods. Defects that occur within one year of the delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability for one year does not apply
   - for things that have been used for a building according to their usual uses and whose deficiency have caused,
   - for claims for damages and expenses of the customer, as well as
   - In the event that the seller has fraudulently concealed the defect.
   
   8.3 If the customer acts as a consumer, he is asked to complain about the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

4. Applicable law
   For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile 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 its habitual residence is withdrawn.

5. Place of jurisdiction
   If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

6. Alternative dispute resolution
   11.1 The EU Commission provides a platform for online dispute resolution on the Internet: https://ec.europa.eu/consumers/odr
   This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
   
   11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure in front of a consumer arbitration board.