Terms and Conditions SOL-Aquaplus
General Terms and Conditions of SOL-Aquaplus GmbH & Co. KG
1. Scope of the Terms and Conditions
1.1 Our General Terms and Conditions apply exclusively. We do not recognize any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing.
1.2 In business transactions, our General Terms and Conditions apply to all current and future business relationships.
1.3 Our General Terms and Conditions apply to the sale of parts, accessories and spare parts (sales contracts) as well as to installation and repair orders (work contracts).
2. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date 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 notify us, SOL-Aquaplus GmbH & Co. KG, Wilhelm-Schickard-Str. 3, 72124 Pliezhausen, Tel. 07127-9296365, Fax: 07127-9296552,
E-mail: office@sol-aquaplus.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
Cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
2.1 Exceptions to the right of withdrawal according to BGB § 312g para. 2. Goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive are excluded from the right of withdrawal.
2.2 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 choice of a delivery method other than the cheapest 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 you
was expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse repayment 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 that you have cancelled this contract. This deadline is met if you return the goods before the expiry of the fourteen-day period.
You will 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 that is not necessary to check their quality, properties, and functioning.
3. Payment, late payment, debt collection
3.1 Our invoices are due for payment immediately without deduction after receipt of the goods or provision of the contractual services. Default occurs 10 days after receipt of the invoice.
3.2 The service partners working on our behalf are not authorized to collect payments.
4. Prices, delivery, transfer of risk, place of performance
4.1 In business transactions, unless otherwise agreed, our prices do not include statutory value added tax and packaging costs.
4.2 In business transactions, delivery is ex works unless otherwise agreed. At the request and expense of the entrepreneur, we will insure the goods to be shipped against damage and loss by taking out transport insurance.
4.3 If the customer receives goods other than those ordered, he is obliged to notify us immediately and to return the goods received to us at our expense.
4.4 In business transactions, our place of business shall be the place of performance for all contractual obligations in the case of sales contracts, unless otherwise agreed.
5. Retention of title
5.1 In consumer transactions, the goods remain our property until the purchase price has been paid in full.
5.2 In business transactions, the goods remain our property until all claims arising from the business relationship have been settled in full.
The entrepreneur is entitled to resell the goods in the normal course of business or to install them in buildings. He hereby assigns to us all claims arising from the resale or the combination of the purchased item with a property, together with security in the amount of the final invoice amount. We accept the assignment. Even after the assignment, the entrepreneur remains authorized to collect the claim.
The direct debit authorization shall expire in the event of our revocation, which may occur in the event of default in payment, an application for the opening of insolvency proceedings against the entrepreneur's assets, or the entrepreneur's cessation of payments. At our request, the entrepreneur is then obliged to immediately inform his customers of the assignment to us, to notify us of the assigned claims and their debtors, and to disclose all
to provide the information necessary for collection and to hand over the relevant documents to us. If the realizable value of our securities (reserved goods and other securities) exceeds the total secured claim to which we are entitled by more than 10%, we are obligated to release the securities to that extent at the entrepreneur's request. The selection of the securities to be released is our responsibility.
6. Liability for defects
6.1 Unless otherwise agreed, the subject matter of the contract is the goods with the quality and for the intended use in accordance with the
used brochure. We do not provide any specific guarantee. The information in the brochures does not constitute strict liability within the meaning of Section 276 I 1 of the German Civil Code (BGB).
6.2 In business transactions, the obligation to give notice of defects must be made in writing in accordance with Section 377 of the German Commercial Code (HGB).
6.3 In business transactions, we will initially provide subsequent performance for defects in sales contracts by repair or replacement delivery at our discretion. We do not have a right of choice if the entrepreneur can assert recourse claims against us within a supply chain in the purchase of consumer goods within the meaning of Section 478 IV, V BGB.
6.4 If the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions. Unless we have intentionally breached the contract, liability is limited to the foreseeable, typically occurring damage.
6.5 If we culpably breach a material contractual obligation, we shall be liable in accordance with the statutory provisions; in this case, liability is limited to the foreseeable, typically occurring damage.
6.6 Liability for culpable injury to life, body or health remains unaffected by the above limitations of liability
This also applies to mandatory liability under the Product Liability Act. Furthermore, the limitation of liability does not apply if we have fraudulently concealed a defect or, exceptionally, have provided a guarantee of quality or durability or assumed a procurement risk.
6.7 Unless otherwise provided above, liability is excluded.
7. Further liability
7.1 Any liability beyond that provided for in Section 6 is excluded regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, other breaches of duty or tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
7.2 To the extent that liability towards us is excluded or limited, this also applies to the liability of our employees, workers, staff, representatives or vicarious agents.
8. Execution date, additional costs
In the case of work contracts, the customer must ensure that the work site is accessible without hindrance on the agreed execution date. Otherwise, the customer must reimburse the additional costs incurred.
9. Set-off, right of retention
9.1 The customer may only offset claims that have been legally established or are undisputed.
9.2 The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. In business transactions, the right of retention can only be exercised if it is based on a legally binding or undisputed counterclaim.
10. Place of jurisdiction, severability clause
10.1 In commercial transactions, our place of business is also the place of jurisdiction.
10.2 Should any provision of the contract be or become invalid in whole or in part, this shall not affect the validity of the remainder of the contract.
Pliezhausen, June 2014 SOL-Aquaplus GmbH & Co. KG
