AGB

General Terms and Conditions with customer information

Scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
Indemnity in case of violation of third party rights
Redemption of gift vouchers
Redemption of promotional vouchers
Applicable law
Information on online dispute resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "SOLO Kleinmotoren GmbH" (hereinafter referred to as “seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “customer") with the seller regarding the goods presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to the purchase of vouchers, insofar as nothing to the contrary is expressly regulated

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Conclusion of contract

2.1 The product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer

2.2 The customer may submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.

2.3 The seller may accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the method of payment during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer triggers the payment process by clicking the button that concludes the order process, notwithstanding section 2.3.

2.5 When an offer is made via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these GTC after the customer has sent his order. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s magnification function can help to recognise input errors because it enlarges the display. Within the framework of the electronic ordering process, the customer can correct his entries at any time using the usual keyboard and mouse functions before bindingly submitting the order. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 Please note that, by way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). A further prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this without delay. If the goods are not available, we will immediately refund any payments already made.

2.8. Only the German language is available for the conclusion of the contract.

2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. In the event of a return of goods, please use the returns label which is either enclosed with your order or which you can print out via your customer account. You can also request this label via our hotline. Please help us to avoid unnecessary costs and do not return the goods without a returns label.

3.2 Your statutory right of withdrawal

Withdrawal policy:

You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery. To exercise your right of withdrawal, you must contact SOLO Kleinmotoren GmbH, Industriestr. 9, D-71050 Sindelfingen, e-mail: info@solo-germany.com by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose. However, this is not mandatory. You can also fill in and submit the sample withdrawal form or another clear declaration electronically via the contact form on our website. If you make use of this option, we will send you confirmation of receipt of your withdrawal without delay (e.g. by e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal: If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first. You must return or hand over the goods to us immediately and in any case no later than thirty days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the thirty-day period. We will bear the costs of returning the goods if you use the return label provided by us for a return initiated within Germany. Otherwise, the return costs are to be borne by you. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample withdrawal form (If you wish to withdraw from the contract, please complete and return this form) to SOLO Kleinmotoren GmbH, Industriestr. 9, D-71050 Sindelfingen, e-mail: info@solo-germany.com I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ - Ordered on (*)/received on (*) - Name of the buyer(s).

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Additional delivery and shipping costs, if any, will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are indicated in the seller's online shop

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.

4.5 If the payment method "PayPal" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5. Terms of delivery and dispatch

5.1 Goods are regularly delivered by the shipping method and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase transaction is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service.

5.3 In the case of collection, the seller will first inform the customer by e-mail that the goods he ordered are ready for collection. After receipt of this e-mail, the customer may collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

5.4 Vouchers will be provided to the customer as follows:

by e-mail, via download or by post;

6. Retention of title

If the

seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8. Indemnification in the event of infringement of third party rights

If, according to the content of the contract, the seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the customer, the customer shall ensure that the contents he provides to the seller for the purpose of processing do not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer shall indemnify the seller against claims by third parties which the latter may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. In this respect, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and for their defence.

9. Redemption of gift vouchers

9.1 Gift vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop.

9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of purchase of the gift voucher. Remaining credits will be credited to the customer's voucher account until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order at any one time

9.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

9.7 The balance of a gift voucher will not be paid out in cash or earn interest.

9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or is grossly negligent in its lack of knowledge of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.

10. Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher

10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference

10.7 The credit balance of a promotional voucher will not be paid out in cash or earn interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.

10.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

11. Applicable law

11.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

12. Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.