General Terms and Conditions and Customer Information I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (Thair Al Shannaq) via the soleilfood.de website, unless the parties agree to amend them in writing. Deviating or conflicting terms and conditions are only valid with our express consent.
(2) We offer our products for sale only if you are a natural or legal person or a partnership with legal capacity who, upon conclusion of the legal transaction, is acting in the exercise of its commercial or independent professional activity (entrepreneur). A conclusion of contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are to be found in the respective offer. (2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(3) You can submit a binding offer to conclude a contract (order) by telephone, e-mail, fax or post.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or within 5 days at the latest by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you do not receive a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(5) On request, we will provide you with an individual offer, which will be sent to you in text form and to which we shall be bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the
legal value added tax.
(2) The shipping costs incurred are not included in the purchase price, they are calculated separately, unless delivery free of shipping costs has been promised. Further details can be found under an appropriately designated button on our website or in the respective offer.
(3) You have the payment options shown under an appropriately designated button on our website or in the respective offer. If no other payment period is indicated for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 4 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after receipt of the full purchase price and the shipping costs by us.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment is at your risk. If you wish, the shipment will be made with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional costs for the shipment.
§ 5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:
- for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their normal use and which have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights of defect.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide a warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects shall be deemed to have failed, unless the nature of the item or the defect or the other circumstances indicate otherwise.
results in something else. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ Section 7 Choice of law
German law shall apply to the exclusion of the UN Sales Convention.
II. customer information
1. identity of the seller
Thair Al Shannaq Schwartauer Strasse 12 22453 Hamburg Germany
Phone: 040 - 73 43 56 98 E-mail: firstname.lastname@example.org
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract is not stored by us. Before sending the order or the inquiry, the contract data can be printed or electronically saved using the print function of the browser.
These terms and conditions have been drawn up by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
last update: 23.10.2019