The following General Terms and Conditions (GTC) apply to the processing of our deliveries and services and form the basis of orders placed with us by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
These GTC shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
1. orders in the online shop
The purchase contract is concluded with Solidplex GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent your order.
The time at which the contract is concluded depends on the payment method you have selected:
Prepayment
You will receive an e-mail within two days as a declaration of acceptance, in which we will provide you with our bank details.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online payment provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
The language available for the conclusion of the contract is German. We save the text of the contract and send it to you together with our GTC by e-mail. You can also view the text of the contract in the customer login.
2. Offers and prices
Our offers are non-binding with regard to price, quantity, sorting, delivery periods and delivery options. The documents belonging to the offer, e.g. illustrations, brochures, samples, are only approximate. Contracts and agreements shall only become binding for us upon our written order confirmation. In addition to these General Terms and Conditions, the respective content of such confirmation shall be solely authoritative for our conclusions and contracts. Only the prices stated by us in order confirmations are authoritative. This applies in particular to prices specified in orders. Our prices are quoted in euros plus the applicable statutory VAT ex works, excluding packaging, unless expressly stated otherwise. If delivery is agreed later than four months after conclusion of the contract, we shall be entitled to adjust the prices to the market situation. This adjustment is also possible in such cases if the order-related costs change significantly after conclusion of the contract.
3. deliveries and delivery times
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
Only the delivery dates specified by us in the order confirmation are valid. Delivery dates requested by the customer are not automatically recognised. The delivery dates stated in our order confirmations are generally not agreed as fixed, unless they have been expressly designated as fixed in the order confirmation. Reasonable part deliveries are permitted at any time. Our obligation to deliver shall be suspended as long as the buyer is in arrears with a payment due under any contract with us despite a reminder. Unless otherwise agreed in writing
Unless otherwise agreed in writing, we shall select the type and method of dispatch and the dispatch route to the best of our knowledge without any obligation to use the cheapest means of transport, but taking due account of the interests of the buyer.
4. Transfer of risk
Deliveries shall be made ex works (place of fulfilment). The risk shall pass to the customer when the goods are handed over to a forwarding agent or carrier – even in the case of free delivery. The customer shall also bear the risk for all returned deliveries during the return transport.
5. Technical design / changes
We reserve the right to make technical changes to our goods in the course of time with regard to the film or bonding and design, but with due regard to the interests of the purchaser.
6. delay in delivery
If we are in default of delivery, the buyer shall be entitled, to the exclusion of further claims, to withdraw from the contract with regard to the part not yet fulfilled after the expiry of a reasonable period of grace, if he has pointed out the rejection of the unfulfilled performance when setting the period of grace. This shall not apply if we are compulsorily liable in cases of wilful intent or gross negligence. We are expressly authorised to make partial deliveries and render partial services. Events of force majeure shall, at our discretion, release us from the obligation to deliver in whole or in part for the duration and scope of the hindrance or authorise us to postpone delivery. After the expiry of four months, the purchaser has the right to withdraw from the contract. Circumstances that make delivery impossible or significantly more difficult for us (e.g. strikes, other operational disruptions, energy or raw material shortages, traffic disruptions, shall be deemed equivalent to force majeure, shortage of raw materials, traffic disruptions or delays on the part of suppliers). In the case of goods duly dispatched but not accepted by the customer, in particular in the case of subsequent deliveries, we shall be entitled to withdraw from the contract at our discretion.
7. payments
Invoices shall be issued on or after delivery. Subject to any payment terms stated on our invoices and delivery notes, our invoices are payable within 10 days of the invoice date without any deductions. If we have been granted a direct debit authorisation, we will debit the invoices from your current account within 10 days until revoked. We do not grant discounts for freight and packaging or for goods for which special net prices have been agreed.
Bills of exchange shall only be accepted by special agreement and only on account of payment, with all collection and discount charges being charged.
We reserve the right to use payments first to settle older invoice items plus accrued costs and interest. This does not apply to claims for which the buyer has lodged a complaint.
8. default of payment, performance, counterclaims
In the event of default in payment, interest shall be charged at a rate of 8% above the applicable base rate plus additional reminder costs of EUR 10.00 per reminder. We are also entitled to withhold the delivery – also from other orders. We reserve the right to assert further rights. We are entitled to refuse delivery if it becomes apparent after conclusion of the contract that the counterclaim is jeopardised by the customer’s inability to pay (§321BGB). In this case, we are entitled to demand payment in advance, demand securities or withdraw from the contract. The customer may only offset against our claims if his counterclaim is not disputed by us or a legally binding title against us exists. The customer shall not be entitled to a general right of retention if he is a merchant within the meaning of the German Commercial Code (HGB). This shall not apply if the general right of retention is based on undisputed or legally established claims. The assertion of the special right of retention of the unfulfilled contract remains unaffected by this.
9. Retention of title
The delivered goods shall remain our property until full payment of all present and future claims, irrespective of the legal grounds on which they are based. The retention of title shall remain in force even if claims are included in a current account and the balance has been struck and recognised. The buyer may only dispose of the reserved goods in the ordinary course of business, in particular not pledge them or assign them as security. He must insure them properly against loss or damage and hereby assigns his claims from the insurance sales to us. In the event of resale, he may only sell the goods subject to the agreement of a reservation of title or, in the case of resale to resellers, subject to the agreement of an extended reservation of title and hereby assigns to us in advance the claims against his customer to which he is entitled from the resale in full with all ancillary rights in order to fulfil all our claims arising from the business relationship. We accept the assignment. If the buyer processes the goods delivered by us, he hereby grants us co-ownership of the products in the ratio of the value of the goods delivered by us to the value of the product.
delivered by us to the value of the product. The same shall also apply in the event of mixing. The buyer is obliged to provide evidence of the details of the processing. The purchaser undertakes to administer this co-ownership right for us with the diligence of a prudent businessman. The assignment is limited here to the share of the claim that corresponds to the co-ownership share. We are authorised to collect the assigned claims, but will not do so as long as the buyer meets his payment obligations. However, at our request, the buyer is obliged to notify his customers of the assignment and to provide us with all information and documents necessary to assert our rights, in particular to allow us to inspect his books and invoices for this purpose. If the buyer collects claims assigned to us, he must book the proceeds separately and hold them in a special account.
account. If the securities provided by him exceed the claims to be secured by more than 20%, we are obliged to release the retransfer of fully paid deliveries at our discretion at the buyer’s request. The buyer’s authorisation to sell reserved goods in the ordinary course of business shall end when he ceases to make payments or if an application is made to open insolvency proceedings against his assets, insolvency proceedings are opened or the opening of insolvency proceedings is rejected for lack of assets. The purchaser must notify us immediately of any seizure or other action by third parties against our reserved goods and provide us with all assistance to safeguard our rights. In particular, he must name the attaching creditor. If the buyer does not fulfil his obligations punctually, we shall be entitled – without prejudice to our other rights – to demand the return of the reserved goods and/or to assert the rights assigned to us directly after issuing a reminder. For this purpose, the customer must provide us on request with a list of all goods still in his possession which are our property, as well as a list of the claims assigned to us with the name and address of the debtor and the amount of the claim. After prior notification, we shall be entitled to enter the customer’s premises, collect the delivered goods and realise them in the best possible way by private sale to offset them against the outstanding purchase price claim – less any costs incurred. Taking back the reserved goods shall only constitute a cancellation of the contract if we expressly declare this in writing.
10. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
11. Warranty, liability for defects
The statutory warranty for defects applies to consumers.
The object of purchase is free of defects if it has the contractually agreed quality. Only the agreements effectively made in the order confirmation shall be deemed to have been agreed. Technical application advice provided by the seller, both verbally and in writing, is non-binding and does not release the purchaser from the obligation to test the products for their suitability. No liability is assumed for the suitability of our products for the purpose intended by the purchaser. Public statements, recommendations and advertising do not constitute a contractual description of the quality or suitability of the goods. The customer does not receive any guarantees in the legal sense unless they are mandatory under the Product Liability Act.
The delivered goods must be inspected immediately upon receipt. Damage that has obviously occurred during transport must be documented on the shipping documents and reported to the respective carrier. Complaints about obvious defects must be made in writing immediately, at the latest 14 days after receipt of the goods. Hidden defects must be in writing without delay, at the latest seven days after their discovery, but no later than 6 months after delivery of the goods. In the event of duly notified and justified complaints, we shall be obliged to replace or redeliver, rectify, cancel or reduce the purchase price within a reasonable period of time at our discretion. If we do not fulfil this obligation, the buyer shall be entitled to choose between these legal remedies. Claims for damages due to defects, shortages or culpable breaches of secondary obligations are limited to the value of the goods delivered. Further claims – in particular those for compensation for further damage that has not occurred to the goods themselves and also tortious claims – are excluded. This limitation does not apply if the seller is liable in cases of wilful intent or gross negligence.
If it is necessary to return the defective goods to us, they must be repackaged with the same care as they were received and kept ready for collection or dispatched to us. If the goods are returned unpacked, the buyer shall lose the right to rescind the contract or to a replacement delivery; this shall also apply if the goods have already been used by the buyer.
12. personal data
We store the customer’s personal data by means of electronic data processing in accordance with the provisions of the GDPR.
13. place of fulfilment, place of jurisdiction and choice of law
The place of fulfilment for delivery and payment is our registered office. The place of jurisdiction for both parties is Miltenberg. This also applies to bill of exchange and cheque proceedings.
The relations between us and the customer shall be governed exclusively by the law of the Federal Republic of Germany.
14. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.
15. final provisions
Should individual clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. An invalid provision shall be deemed to be replaced by a provision that comes closest to the economic purpose of the invalid provision and is effective.
Status 03.2019