Last revised: 06.06.2019
(1) These Terms and Conditions apply to all contracts, deliveries and other services of SOLEYAMA UG (haftungsbeschränkt), Maria-Merian-Straße 10, 85521 Ottobrunn, Germany (hereinafter: "seller"), concerning the online shop https://www.soleyama.com and all the sub-domains of the domain. Differing provisions of the customer shall not apply, unless the seller has confirmed them in writing. Individual agreements between the seller and the customer shall always have priority. The seller acts as a distributor only and is not responsible for all content on https://www.soleyama.com. Responsible for content is SOLEYAMA UG (haftungsbeschränkt), Maria-Merian-Str. 10, 85521 Ottobrunn, Germany.
(2) Business relations between the Seller and the customer shall be subject to the laws of the Federal Republic of Germany. For consumers, this choice of law shall apply only insofar as the protection it provides is not superseded by mandatory provisions of the law in the country in which the consumer usually resides. Application of the UN Sales Convention on Contracts for the International Sale of Goods shall be excluded.
(3) The contractual language shall be German.
(4) The place of jurisdiction shall be Munich, insofar as the customer is a merchant or a legal entity or special fund under public law. The same shall apply if the customer has no general place of jurisdiction in Germany, or their domicile or habitual residence is not known at the time the complaint.
(1) The presentation of the products in our online-shop does not imply a binding offer of the seller. It is a request to you to submit a binding offer to seller. An order may be placed in our online shop (https://www.soleyama.com) by clicking the "Buy" button with respect to the goods in the shopping basket.
(2) By ordering the desired products you submit a binding offer for the conclusion of a contract. The Seller will confirm the receipt of your order in form of a written note (e.g. fax or email). This confirmation does not stand for a binding acceptance of the order. The contract is concluded, when the seller formally delivers an order confirmation to you or sends the ordered products to you.
We expressly reserve the right not to accept an offer of purchase or to cancel it in the following situations without costs or liability for damages:
(a) Non-availability of the product
This product is temporarily out of stock. In this case, we shall promptly refund any payments already made.
(b) Incorrect billing information
The billing information is not provided correctly or is not verifiable.
(c) Incorrect price indication
An obvious error in price marking has been made.
The goods could not be delivered to the address indicated by the customer.
(1) The prices include value added tax and are plus shipping and packaging costs.
(2) The seller shall deliver goods to the customer in return for one of the following payment methods chosen by the customer:
(a) Bank transfer Should the customer choose prepayment by bank transfer, the payment shall be due no later than 7 calendar days after conclusion of contract.
(b) Purchase on account (available just for german residence)
(c) By Paypal
(d) Credit card payment
(e) Debit card / direct debit (processing via Paypal/sofortueberweisung.de)
(3) If the customer is in default of his payment obligations, the seller shall be entitled to claim damages under the statutory provisions and / or withdraw from the contract..
(4) The seller shall always issue the customer with an invoice, which shall be send after customers request in digital form.
(5) Shipments outside of Germany will be made only against wire transfers, PayPal or Credit card. In case the ordered merchandise cannot be delivered in time or not at all, without the seller being responsible for, and although the contract has been concluded, the seller will inform you immediately. In such a case of delay the customer can either wait for the shipment of the merchandise or withdraw from the contract. If it is impossible to deliver the shipment, both the seller and the customer have the right to withdraw from the contract. In case of rescission the seller will reimburse any provided compensation without delay.
(1) Unless contractually agreed otherwise, the ordered goods shall be delivered to the address indicated by the customer. Delivery is made from the seller's warehouse.
(2) Unless expressly agreed otherwise, the seller shall ship goods that are in stock in the warehouse within 1-3 business days of conclusion of contract (in the case of prepayment by bank transfer: within 1-3 business days of receipt of payment).
(3) The seller reserves the right to make a partial delivery, if this is deemed advantageous for swift order processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs incurred by partial deliveries will not be charged to the customer.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer on handover of the goods. If the customer is an entrepreneur, in the event of mail-order purchase the risk of accidental loss and accidental deterioration of the goods and the risk of delay shall be transferred on delivery of the goods to the shipping company, carrier or other person assigned to carry out the shipping.
(5) In the event that the right of withdrawal is exercised, the customer shall bear the regular cost of the return shipment if the delivered goods correspond to those ordered and the product is unopend in orginal condition, or he has not yet made payment or contractually agreed part payment at the time of withdrawal.
The delivered goods shall remain the property of the seller until all claims arising from the contract have been satisfied; if the customer is a legal entity or special fund under public law or an entrepreneur exercising his commercial or independent professional activity, this shall also apply beyond the ongoing business relationship until all the Seller's claims in connection with the contract have been settled.
(1) The customer shall only be entitled to set off if his counterclaims are recognized by the seller or are legally established.
(2) The customer shall only be entitled to exercise the right of retention if his counterclaim is based on the same contractual relationship.
(1) If there are any defects, the customer shall have statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seq. of the German Commercial Code (HGB) shall also apply.
(2) Damage resulting from inappropriate handling on the part of the customer during installation, connection, operation or storage of the goods shall not constitute grounds for a warranty claim against the Seller. The customer may refer to the manufacturer’s instructions for information on proper handling.
(3) The customer must notify the seller of any defects concerning new items within a warranty period of two years.
If the buyer is an entrepreneur, the warranty period for new items shall be one year.
The above liability limitations shall not apply if the Seller has fraudulently concealed a defect or has provided a guarantee for the quality of the goods.
The above liability limitations do not apply to compensation claims by the customer for physical injury or damage to health due to a defect for which the seller is responsible or that is the result of wilful or grossly negligent conduct by the seller or his vicarious agents.
The above liability limitations also do not apply if the seller has fraudulently concealed a defect or has provided a guarantee for the quality of the goods, or to compensation claims by the customer for physical injury or damage to health due to a defect for which the Seller is responsible or that is the result of wilful or grossly negligent conduct by the Seller or his vicarious agents.
(4) If there are any defects and if they a claim was made for them on time, the seller shall be entitled to provide supplementary performance. Should the supplementary performance fail, the customer shall be entitled to reduce the purchase price or withdraw from the contract. Otherwise the statutory provisions shall apply.
(5) The right to return individualised items because the customer does not like them shall be excluded.
(1) If goods are delivered with obvious damage to packaging or contents, the customer should report this to the shipping company/freight service immediately without prejudice to his warranty rights (§ 8), and contact the seller by e-mail without delay, thereby allowing the Seller to assert its rights against the shipper/freight service.
(2) This contract is subject to the law of the Federal Republic of Germany; the application of the UN convention on contracts for the international sale of goods is excluded.
(3) Unless stated otherwise in the confirmation of order, the place of fulfilment is our business address.
(1) Notwithstanding its liability for material defects and defects of title, the Seller shall be fully liable insofar as damage is caused intentionally or through gross negligence. The Seller shall also be liable for the negligent breach of material obligations (the breach of which could jeopardise the fulfilment of the contractual purpose) and for the violation of cardinal obligations (obligations the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the customer normally relies on), but only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those stated above.
(2) The liability limitations of the preceding paragraph shall not apply to injury to life, limb or health, to defects when the quality of the product is covered by a guarantee, or to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the seller is excluded or limited, this shall also apply to the personal liability of the Seller’s employees, representatives and vicarious agents..
(2) The customer shall be entitled to revoke his consent at any time with effect for the future. The seller is obliged to delete the customer's personal data without delay in this case. In the event of ongoing order processes, deletion shall be carried out on completion of the order process.
(3) If the liability of the seller is excluded or limited, this shall also apply to the personal liability of the seller’s employees, representatives and vicarious agents.
With your purchase with us you agree to request an assessment by our service contractor eKomi. It depends on you to ignore this request or to include eKomi beforehand into your spam filter. However, you would us and other customers be very helpful with your assessment.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform SOLEYAMA UG (haftungsbeschränkt), Maria-Merian-Strasse 10, 85521 Ottobrunn, Germany, Phone: +49-(0)89-125.09.60-50, E-Mail: info [ at ] soleyama [ dot ] com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In case the ordered products are trading cards, the condition of the returned goods must be unopened original condition. Returns of opened bags will be not accepted.
SOLEYAMA UG (haftungsbeschränkt), Maria-Merian-Strasse 10, 85521 Ottobrunn, Germany, Phone: +49-(0)89-125.09.60-50, E-Mail: info [ at ] soleyama [ dot ] com:
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1) Ordered on(1)/received on (1), Name of consumer(s), Address of consumer(s), Date (1) Delete as appropriate.
Should one or more provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable provision should be replaced by a provision that is legally and economically as close as possible to what the parties intended with the original provision. This shall also apply to any contractual loopholes.
The seller is responsible for the transactions, all order processes (credit cards) are handled via SSL-secured webpages.
SOLEYAMA UG (haftungsbeschränkt)
CEO O. Boyraz
e info [ at ] soleyama [ dot ] com