General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Soletek GmbH) via the website www.rolektro.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and/or our services in electronic commerce comply with the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separately labeled button (e.g., “Accessibility Statement” or similar designation) on our website and includes in particular:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand the provision of the service;
- a description of how the service complies with the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are:
MLBF (in establishment)
c/o Ministry of Labour, Social Affairs, Health and Equality Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Germany
Phone: +49 391 567-4530
E-Mail: [email protected]
(3) We may use artificial intelligence (AI) and special tools to implement accessibility requirements on our website. These are intended to accommodate a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate button referred to in paragraph 1 on our website.
(4) Our website and/or our services in electronic commerce are considered accessible if they can be found, accessed and used by people with disabilities in the usual manner, without particular difficulty and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example: clearly legible font sizes and sufficient color contrasts; navigation via mouse and keyboard; alternative text for images; subtitles and audio descriptions in videos (where videos are embedded on the website); clear and easy-to-understand language; compatibility with common screen readers; adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart.” You may access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes. After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping details, the order details will be displayed as an order summary.
Before submitting the order, you have the opportunity to review the information in the order summary again, modify it (also via the “back” function of your internet browser) or cancel the order. By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs” or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., e-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you do not receive such confirmation, you are no longer bound by your order. Any payments already made will be refunded immediately in this case.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g., by e-mail), which you may accept within 5 days (unless another deadline is specified in the respective offer).
(5) Order processing and transmission of all information required in connection with the conclusion of the contract take place partly automated by e-mail. You must therefore ensure that the e-mail address provided to us is correct and that receipt of e-mails is technically ensured and not prevented by spam filters.
§ 4 Provision of Services for Repairs
(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform these services to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to cooperate, in particular by describing the defect of the device as comprehensively as possible and making the defective device available to us.
(3) You shall bear the costs of sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 12–15 days after receipt of the device to be repaired (in the case of agreed advance payment, only after your payment instruction).
(5) If you exercise your right of termination pursuant to Section 648 sentence 1 BGB, we may demand a lump-sum compensation of 10% of the agreed remuneration if performance has not yet begun. In the case of a statutory right of withdrawal, this only applies if you exercise your right of termination after expiry of the withdrawal period. You remain entitled to prove that no or significantly lower costs were incurred.
§ 5 Special Agreements on Offered Payment Methods
(1) Installment Purchase via easyCredit
In the case of installment purchases via easyCredit, the General Terms and Conditions of easyCredit additionally apply. You can find the terms and conditions there.
(2) Payment via “Mollie”
If you select a payment method offered via “Mollie,” payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands). The individual payment methods available via Mollie are displayed under a correspondingly labeled button on our website and during the online ordering process. Mollie may use other payment service providers; if special payment conditions apply, you will be informed separately. Further information on Mollie can be found at https://www.mollie.com/de.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer by way of security before transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory rights for defects apply.
(2) If you are informed prior to submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from delivery of the goods. This limitation does not apply:
- to damages attributable to us resulting from injury to life, body or health and in cases of intentional or grossly negligent damage;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed thereof prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If rectification fails, you may demand a reduction in price or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless otherwise resulting from the nature of the goods or defect or other circumstances. In the event of rectification, we do not have to bear increased costs resulting from transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the limitation period does not apply:
- to damages attributable to us caused by culpable injury to life, body or health, and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- for items that have been used for a building in accordance with their customary use and have caused the building to be defective;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence.
(2) The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time of filing suit.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Soletek GmbH
Feldheider Str. 62
40699 Erkrath
Germany
Phone: +49 2103 4960
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting entries are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the “Käufersiegel” quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers, as well as shipping costs, are total prices. They include all price components, including any applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition, unless delivery free of shipping costs has been promised.
6.3. Any costs incurred for money transfers (transfer fees or exchange rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.4. The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. Delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a carrier not named by the trader or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provisions “Warranty” in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on termination of the contract and the conditions for termination can be found in the provisions on “Repair Services” in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and Customer Information were prepared by lawyers specialized in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings (cease-and-desist letters). Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Soletek GmbH) via the website www.rolektro.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and/or our services in electronic commerce comply with the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separately labeled button (e.g., “Accessibility Statement” or similar designation) on our website and includes in particular:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand the provision of the service;
- a description of how the service complies with the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are:
MLBF (in establishment)
c/o Ministry of Labour, Social Affairs, Health and Equality Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Germany
Phone: +49 391 567-4530
E-Mail: [email protected]
(3) We may use artificial intelligence (AI) and special tools to implement accessibility requirements on our website. These are intended to accommodate a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate button referred to in paragraph 1 on our website.
(4) Our website and/or our services in electronic commerce are considered accessible if they can be found, accessed and used by people with disabilities in the usual manner, without particular difficulty and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example: clearly legible font sizes and sufficient color contrasts; navigation via mouse and keyboard; alternative text for images; subtitles and audio descriptions in videos (where videos are embedded on the website); clear and easy-to-understand language; compatibility with common screen readers; adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart.” You may access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes. After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping details, the order details will be displayed as an order summary.
Before submitting the order, you have the opportunity to review the information in the order summary again, modify it (also via the “back” function of your internet browser) or cancel the order. By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs” or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., e-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you do not receive such confirmation, you are no longer bound by your order. Any payments already made will be refunded immediately in this case.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g., by e-mail), which you may accept within 5 days (unless another deadline is specified in the respective offer).
(5) Order processing and transmission of all information required in connection with the conclusion of the contract take place partly automated by e-mail. You must therefore ensure that the e-mail address provided to us is correct and that receipt of e-mails is technically ensured and not prevented by spam filters.
§ 4 Provision of Services for Repairs
(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform these services to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to cooperate, in particular by describing the defect of the device as comprehensively as possible and making the defective device available to us.
(3) You shall bear the costs of sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 12–15 days after receipt of the device to be repaired (in the case of agreed advance payment, only after your payment instruction).
(5) If you exercise your right of termination pursuant to Section 648 sentence 1 BGB, we may demand a lump-sum compensation of 10% of the agreed remuneration if performance has not yet begun. In the case of a statutory right of withdrawal, this only applies if you exercise your right of termination after expiry of the withdrawal period. You remain entitled to prove that no or significantly lower costs were incurred.
§ 5 Special Agreements on Offered Payment Methods
(1) Installment Purchase via easyCredit
In the case of installment purchases via easyCredit, the General Terms and Conditions of easyCredit additionally apply. You can find the terms and conditions there.
(2) Payment via “Mollie”
If you select a payment method offered via “Mollie,” payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands). The individual payment methods available via Mollie are displayed under a correspondingly labeled button on our website and during the online ordering process. Mollie may use other payment service providers; if special payment conditions apply, you will be informed separately. Further information on Mollie can be found at https://www.mollie.com/de.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer by way of security before transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory rights for defects apply.
(2) If you are informed prior to submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from delivery of the goods. This limitation does not apply:
- to damages attributable to us resulting from injury to life, body or health and in cases of intentional or grossly negligent damage;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed thereof prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If rectification fails, you may demand a reduction in price or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless otherwise resulting from the nature of the goods or defect or other circumstances. In the event of rectification, we do not have to bear increased costs resulting from transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the limitation period does not apply:
- to damages attributable to us caused by culpable injury to life, body or health, and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- for items that have been used for a building in accordance with their customary use and have caused the building to be defective;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence.
(2) The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time of filing suit.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Soletek GmbH
Feldheider Str. 62
40699 Erkrath
Germany
Phone: +49 2103 4960
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting entries are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the “Käufersiegel” quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers, as well as shipping costs, are total prices. They include all price components, including any applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition, unless delivery free of shipping costs has been promised.
6.3. Any costs incurred for money transfers (transfer fees or exchange rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.4. The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. Delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a carrier not named by the trader or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provisions “Warranty” in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on termination of the contract and the conditions for termination can be found in the provisions on “Repair Services” in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and Customer Information were prepared by lawyers specialized in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings (cease-and-desist letters). Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024