Terms and conditions for private customers and cancellation information

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SOLARA GmbH
Donnerstr. 20
22763 Hamburg

Phone: +49 (0) 40 300 66 82 0
Fax: +49 (0) 40 300 66 82 29
info(at)solara.de

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§ 1 Scope & Exclusion Clause

(1) The following General Terms and Conditions, in their respective version at the time of the order, apply exclusively to the legal relationships established via this online shop between the operator of the shop (hereinafter referred to as "Provider") and its customers.
(2) Any differing terms and conditions of the customer are rejected.

§ 2 Conclusion of the contract

(1) The presentation of goods in the online shop does not constitute a binding offer by the provider to conclude a purchase agreement. The customer is merely invited to submit an offer by placing an order.
(2) By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase agreement for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as the sole basis for the legal relationship with the provider.
(3) The seller confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the seller. It merely serves to inform the customer that the order has been received by the seller. Acceptance of the contract offer is declared by delivery of the goods or an explicit declaration of acceptance.

§ 3 Retention of title

The delivered goods remain the property of the supplier until full payment has been received.

§ 4 Due Date

The purchase price is due upon conclusion of the contract.

§ 5 Warranty

(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. Claims for damages by the customer against the provider are subject to the provisions of Section 6 of these Terms and Conditions.
(2) The limitation period for warranty claims by consumers is two years for newly manufactured goods and one year for used goods. For businesses, the limitation period is one year for both newly manufactured and used goods. The aforementioned reduction of the limitation periods does not apply to claims for damages by the customer based on injury to life, body, or health, nor to claims for damages based on a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract; for example, the supplier must deliver the goods to the customer free from material and legal defects and transfer ownership of them. The aforementioned reduction of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives, or vicarious agents. The right of recourse under Section 478 of the German Civil Code (BGB) is also excluded from the reduction of the limitation periods for businesses.
(3) The provider does not offer a guarantee.

§ 6 Disclaimer

(1) The customer's claims for damages are excluded unless otherwise specified below. The foregoing exclusion of liability also applies in favor of the provider's legal representatives and agents, insofar as the customer asserts claims against them.
(2) The exclusion of liability specified in section 1 does not apply to claims for damages arising from injury to life, body, or health, nor to claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract; for example, the provider must deliver the goods to the customer free from material and legal defects and transfer ownership of them. Also excluded from the limitation of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7 Prohibition of Assignment and Pledge

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the provider's consent, unless the customer proves a legitimate interest in the assignment or pledging.

§ 8 Offsetting

The customer only has a right of set-off if his claim being set off has been legally established or is undisputed.

§ 9 Choice of Law & Jurisdiction

(1) The contractual relationship between the provider and the customer is governed by the laws of the Federal Republic of Germany. This choice of law excludes the mandatory consumer protection provisions of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability clause
If a provision of these General Terms and Conditions is ineffective, the validity of the remaining provisions will not be affected.
As of October 2016; Source: kluge-recht.de

Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must inform us (Include your name, address and,
(Please also include your telephone number, fax or mobile number and email address if possible) to inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form, but this is not obligatory.

To preserve your right of withdrawal, it is sufficient that you send the notification of your exercise of the right.
Send your right of withdrawal before the cancellation period has expired.

Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us or our specified return address without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality. End of the cancellation policy.