Terms of service
General Terms and Conditions
§ 1 Scope, applicable law
The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
Other terms and conditions shall not apply, even if we do not separately object to their application in individual cases unless their application is expressly agreed to in writing.
These terms and conditions and the entire legal relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
§ 2 Contracting parties, the conclusion of the contract, correction options
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
Credit card
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instructions to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Immediately by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instructions. This concludes the contract with us.
§ 3 Contract language, contract text storage
The language available for the conclusion of the contract is English.
We store the contract text and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
§ 4 Prices, payment, due date
(1) All prices in our online store are final prices plus shipping costs. According to § 19 UStG, we do not charge sales tax and therefore do not show it (small business status). For orders outside the EU net prices are given. Deliveries to an address outside the EU may be subject to import duties and taxes, which are due when the delivery reaches the delivery address.
(2) Shipping costs are indicated in our price quotations in our online store. The price including applicable shipping costs will also be displayed in the order mask before you submit the order.
(3) Payment can be made either in advance (bank transfer), by credit card or PayPal.
(4) The invoice will be sent to you via email after receipt of your order.
§ 5 Terms of delivery
In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.
§ 6 Payment
In our store, the following payment methods are generally available to you:
Credit card
When placing your order, you simultaneously transmit your credit card data to us.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
PayPal
During the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data, and confirm the payment instructions to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterward. You will receive further instructions during the ordering process.
Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly, and confirm the payment instructions to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
§ 7 Delivery
(1) Delivery will be made from the SOLTAKO GmbH warehouse to the delivery address you specified when placing your order.
(2) We generally assume that delivery of the goods to addresses within the Federal Republic of Germany will take approx. 3 to 5 working days from the conclusion of the contract, unless otherwise agreed or stated in the description in our online store.
(3) For shipments outside the Federal Republic of Germany and within Europe, the delivery of goods for immediate delivery regularly takes 5 - 7 working days according to our experience. For shipments to non-European countries, the delivery time depends on the shipping method (airmail/land/shipping) and the recipient's location. Additional restrictions may result from information from our online store.
(4) Please note that all information regarding shipping or delivery is non-binding and does not constitute contractual assurances.
(5) If we at SOLTAKO GmbH are unable to deliver your ordered goods through no fault of our own because our supplier does not fulfill his contractual obligations for more than a short period of time, we are entitled to withdraw from the contract. In this case you will be informed immediately; any payments or other considerations already made will be refunded immediately.
(6) Your other rights remain unaffected.
§ 8 Retention of title
The goods remain our property until full payment.
§ 9 Transport damage
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty and guarantees
The statutory law on liability for defects shall apply. Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: For questions, complaints, and claims, our customer service is available on weekdays by e-mail at info@soltako-geneve.com.
§ 11 Liability
For claims based on damages caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body, or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§ 12 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
§ 13 Other provisions
(1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against us is 80639 Munich. We shall be at liberty to take legal action against the customer at any other place.
(2) Assignment of claims against us by us shall only be permissible with our prior written consent.
(3) Offsetting against claims by us shall only be permitted if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, you shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) You shall only be entitled to a right of retention if your counterclaim arises from the same purchase contract.
(5) Legally relevant declarations and notifications to be made by you to us after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective.
(6) Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. The ineffective contractual provision or the gap shall be replaced by a legally effective substitute provision that takes into account or comes as close as possible to the intention of the parties discernible from the contract and the General Terms and Conditions, the economic sense, and the purpose of the omitted provision.
(7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in writing; this also applies to the waiver of the written form requirement.