Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Granting of Rights for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These Terms and Conditions (hereinafter referred to as "T&C") of Hans Hofmann, acting under "Solar-Hans" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in their online store. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These T&C apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 These T&C apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these T&C refers to data that is created and provided in digital form.
1.4 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.5 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online store do not constitute 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 into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email, postal mail, or telephone.
2.3 The Seller may 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), in which case the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission 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 result that the Customer is no longer bound by their 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 referred to as "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online order process, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer clicks the button that completes the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The contract text will not be made available beyond this. If the Customer has set up a user account in the Seller's online store before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account, provided that the relevant login data is provided.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters are configured to allow all emails sent by the Seller or by third parties commissioned by the Seller to process the order.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller's online store.
4.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which they advance payment to the Customer (e.g., purchase on account or installment payments), the Seller assigns their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes, even in the event of an assignment of the claim.
4.4 If a payment method offered via the "Wix Payments" payment service is selected, payment processing is carried out via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter referred to as "Wix"). The individual payment methods offered via Wix will be communicated to the Customer in the Seller's online store. Wix may use other payment services to process payments, for which special payment conditions may apply, which will be communicated to the Customer separately if applicable. Further information about Wix Payments can be found online at https://www.wix.com/payments.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the order processing by the Seller is decisive for the processing of the transaction. Notwithstanding this, the delivery address stored with PayPal at the time of payment is decisive if PayPal is selected as the payment method.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply concerning the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. In this case, the return costs are subject to the regulation specified in the Seller's withdrawal policy.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive them upon delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer even if they act as a consumer, as soon as the Seller delivers the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, provided that the Customer has commissioned the carrier, freight forwarder, or person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the Seller and the Seller has exercised due care in concluding a specific hedging transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to the Customer as follows:
- By download
- By email
5.7 Digital content is provided to the Customer as follows:
- By download
- By email
6) Granting of Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online store, the Seller grants the Customer the non-exclusive, locally and temporally unrestricted right to use the provided content for private purposes only.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these T&C is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has paid the owed remuneration in full. The Seller may temporarily permit the use of the contractual content even before this time. The rights do not pass through such temporary permission.
7) Retention of Title
If the Seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. The following applies to contracts for the delivery of goods:
8.2 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from the delivery of the goods;
- claims and rights due to defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.3 The above limitations of liability and shortening of the limitation period do not apply to:
- claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
8.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to comply with the reporting obligations regulated therein, the goods are deemed approved.
8.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
9) Redemption of Promotional Vouchers
9.1 Vouchers that are issued by the Seller free of charge as part of promotions with a certain validity period and that cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online store and only within the specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Certain products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.
9.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.5 Only one Promotional Voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.8 The credit balance of a Promotional Voucher will not be paid out in cash, nor will it bear interest.
9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for with the Promotional Voucher in full or in part under their statutory right of withdrawal.
9.10 The Promotional Voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online store. This does not apply if the Seller is aware of or grossly negligently unaware of the holder's lack of authorization, incapacity, or lack of representative authority.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller's online store (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online store unless otherwise stated in the voucher.
10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
10.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one Gift Voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a Gift Voucher will not be paid out in cash, nor will it bear interest.
10.8 The Gift Voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online store. This does not apply if the Seller is aware of or grossly negligently unaware of the holder's lack of authorization, incapacity, or lack of representative authority.
11) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.