AGB - General Terms and Conditions of Sole Proprietorship "SOLENTO Markus Witte"

with customer information

Table of contents

1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Special conditions for the processing of goods according to specific customer specifications

9. Special conditions for assembly/installation services

10. Special conditions for repair services

11. Applicable Law

12. Place of jurisdiction

13. Alternative dispute resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of the sole proprietorship SOLENTO Markus Witte - Eggstrasse 14F - 8134 Adliswil (ZH), Switzerland (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, email, WhatsApp or post.

2.3 The seller can 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 email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 is 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 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

All products are custom-made goods. The buyer therefore has no right of withdrawal (ECJ ruling of October 21, 2020, case number C-529/19).

4. Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select the payment method of purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right not to offer the payment method of purchase on account at all or only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop.

5. Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 Self-collection is not possible for logistical reasons.

6. Retention of title

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

7. Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent performance;

- for new goods, the limitation period for defects is one year from delivery of the goods;

- in the case of used goods, rights and claims due to defects are excluded;

- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 The liability limitations and deadline reductions set out above do not apply to claims for damages and reimbursement of expenses by the customer in the event that the seller has fraudulently concealed the defect,

for goods that have been used for a building in accordance with their usual use and have caused its defects, for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8. Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller is obliged to process the goods in accordance with specific specifications of the customer in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2 The customer indemnifies the seller against claims made by third parties in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller with all information required to examine the claims and to defend itself, promptly, truthfully and completely.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

9. Special conditions for assembly/installation services

If, according to the content of the contract, the seller is obliged to assemble or install the goods at the customer's premises in addition to delivering the goods and, if necessary, to carry out the corresponding preparatory measures (e.g. taking measurements), the following applies:

9.1 The seller provides its services personally or through qualified personnel selected by it, at its discretion. The seller can also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.

9.2 The Customer must provide the Seller with all information required to provide the service owed, completely and truthfully, unless the procurement of such information is not part of the Seller’s obligations under the terms of the contract.

9.3 After the conclusion of the contract, the seller will contact the customer to arrange a date for the service owed. The customer is responsible for ensuring that the seller or the personnel commissioned by the seller have access to the customer's facilities at the agreed date.

9.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.

10. Special conditions for repair services

If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:

10.1 Repair services will be provided at the Seller’s headquarters.

10.2 The seller shall provide its services personally or through qualified personnel selected by it, at its discretion. The seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.

10.3 The customer must provide the seller with all information required to repair the item, unless the procurement of such information is not part of the seller's obligations under the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform him of all circumstances that may be the cause of the fault identified.

10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.

10.5 The item will be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

10.6 The above provisions do not limit the Customer’s statutory rights in the event of a purchase of goods from the Seller.

10.7 The Seller shall be liable for defects in the repair work provided in accordance with the provisions of statutory liability for defects.

11. Applicable Law

All legal relationships between the parties are governed by Swiss substantive law, excluding the laws governing the international sale of movable goods and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

12. Place of jurisdiction

Any disputes arising from these contractual relationships shall be subject to the jurisdiction of the ordinary court at the Seller's registered office. However, the Seller is entitled in any case to appeal to the court at the Customer's registered office.

13. Alternative dispute resolution

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

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.