Terms & Conditions
Terms & Conditions
| § 1 Applicability |
| These General Terms and Conditions apply to the contract between avail Information Systems GmbH (hereafter known as "The supplier") and the client regarding delivery of goods selected by the client on the website www.solisto.de. The supplier will not accept differing terms and conditions unless they are agreed on in writing beforehand by both the supplier and the client. |
| § 2 Conclusion of Contract |
| The order of the client is a binding offer to purchase the selected products based on the terms and conditions defined in this document. After receipt of the order, the supplier will send an e-mail to the client showing the details and confirmation of the order. This order confirmation is not yet an acceptance of the client's offer for a contract. The Contract of Sale will only be valid when the supplier sends the ordered goods to the client and confirms this with a second e-mail. |
| § 3 RIGHT OF WITHDRAWAL |
| (1) Right of Withdrawal |
| The client may, without having to state any reasons, revoke his entry into the contract in textual form (e.g. by letter, fax or e-mail) or by returning the goods within a revocation period of one month. This period begins when the client has received both the instruction about the right of withdrawal in textual form and the goods. Punctual despatch of the notice of revocation or the goods suffices to comply with the time limit. The revocation must be addressed to: avail Information Systems GmbH, Elsässer Straße 4, 22049 Hamburg, Germany, Fax: +49 40 85412723, or info@solisto.de. |
| (2) Consequences of withdrawal |
|
In the case of a valid withdrawal from the contract both client and supplier must return the performances received and release any benefits derived from them. If the client is unable to return the received goods or parts thereof or returns them in a deteriorated condition, he may be liable for compensation. This does not apply if the deterioration of the goods is entirely due to their inspection as it would have been possible in a shop. Moreover, the client may avoid such liability for compensation if he refrains from using the goods as if he owned them and further refrains from any action that diminishes their value. The client is entitled to send back the goods at the expense and risk of the supplier. Any obligation to reimburse payments must be fulfilled by the client within 30 days from the date of the despatch of the notice of revocation or the goods.
(3) The right of withdrawal only applies if the client is a consumer within the meaning of §13 BGB (German Civil Code). |
| § 4 WARRANTY, LIABILITY FOR DAMAGES |
| (1) If goods are found to be faulty on delivery or during normal everyday use, the client may, as supplementary performance, demand the removal of the defect or replacement delivery. If the supplementary performance fails, the client may, by declaration to the supplier, reduce the price or withdraw from the contract. These rights are subject to a limitation period of two years, beginning upon delivery of the goods. |
| (2) Regardless of the legal ground on which they are claimed, the supplier is only liable for damages that were caused intentionally, by gross negligence or by a breach of a material contractual duty. In the latter case, liability is restricted to predictable, typically occurring damages. These limitations of liability also apply to consequential damages such as, but not limited to, lost profits or other financial losses. They further apply to any personal liability of the supplier's employees and other persons he employs to perform his obligations. They do not apply as far as personal injuries, claims based on the German "Produkthaftungsgesetz" (Product Liability Act) or on a breach of a pre-contractual duty are concerned. |
| (3) If a replacement delivery for the purposes of supplementary performance has been carried out, the client is obliged to return the faulty goods delivered previously within 30 days upon receipt of the replacement delivery. This obligation may be fulfilled by sending back the faulty goods at the supplier's cost. |
| § 5 COMPLAINTS, CLIENT SERVICE |
| Complaints and enquires related to the goods delivered can be addressed to: |
| avail Information Systems GmbH, Elsässer Straße 4, D-22049 Hamburg, Germany, phone +49 40 8541 2722, fax +49 40 8541 2723, e-mail info@solisto.de. |
| § 6 Conditions of Payment |
| (1) Ordered goods will only be despatched for delivery after full payment has been received by the supplier. The client must make full payment within two weeks after receipt of the order confirmation. Payment may be made by one of the following methods: bank transfer to the giro account, or money transfer via PayPal to the PayPAL account of the supplier. All necessary information concerning these accounts is provided in the order confirmation. |
| (2) If payment is not received in due time the client's offer for a contract is void. |
| § 7 Delivery |
| Delivery will be carried out to the address given by you in your order. Despatch of the goods will normally take place within one week after receipt of payment. If, exceptionally, we are unable to despatch the goods within two weeks after receipt of the order, you will be informed about this within one week after receipt of the order. You have the right to revoke your order within two days after receipt of such a notification. If you exercise this right, any payments will be reimbursed without delay. |
| § 8 Right to Set-off, Right of Retention |
| Any claim by the client may not be set off against debts to the supplier unless it is undisputed or has been established by a court. A right of retention on account of a claim can only be exercised by the client if his claim and the supplier's claim are based on the same contractual relationship. |
| § 9 Applicable Law |
| The contract between the supplier and the client - including these General Terms and Conditions - and all legal relations and matters connected therewith shall be governed by German law only, excluding its conflicts of law principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The stipulations of Art. 29 EGBGB (Introductory Act to the German Civil Code) concerning mandatory consumer protection rules remain unaffected. |
| § 10 Jurisdiction |
| Provided that the client is a businessperson within the meaning of § 14 BGB (German Civil Code), a legal person governed by public law or a special fund governed by public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be Hamburg, Germany. |
| § 11 Severability clause |
| The invalidity of any part of these terms and conditions does not affect the validity of the remaining terms and conditions. |
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