§ 1 Scope of application
1. The following steps contain the terms and conditions between you, the customer, and us, So Sondermaschinen Vertriebs-GmbH, represented by the General Director, Max Biland, which are applicable to our online store.
2. All quotations, order confirmations, sales, consultations, deliveries, and services are subject to these conditions. We oppose any use, application, or inclusion of other terms and customer sales conditions.
3. Any changes or additions to these terms and conditions require written form. This also applies to the cancellation of this requirement for written form. The primacy of deviating individual agreements remains unchanged.
§ 2 Offer, conclusion of contract, warranty, complaint:
Our online quotes, brochures, circulars, price lists, and other product presentations do not, in principle, provide any binding offer to conclude a contract. Only sending an order constitutes a binding offer from the customer in accordance with § 145 BGB. Acceptance of the offer is made through the direct issuance of the order confirmation.
The automatic order confirmation received by email does not constitute a declaration of acceptance. The contract language is German. The contract will come into force upon confirmation of the given contract. The law of the Federal Republic of Germany applies without recourse to the United Nations Convention on Contracts for the International Sale of Goods (CISG). We are not subject to any other codes of conduct. The legal guarantee applies unless warranty conditions are not met. You have the right to remediation or replacement after mutual agreement. Regarding the use of products delivered, no specific characteristics are guaranteed. Therefore, warranty claims beyond repair or replacement, especially compensation claims, are excluded. You have the opportunity to complain at any time and without restrictions. The complaint must be in written form (§ 126b BGB). Please send your complaint to the seller, as indicated in the imprint (supplier identification). After reviewing your complaint, we will contact you in writing. Your statutory warranty rights, general damage claims, and the right of withdrawal are not affected.
§ 3 Cancellation policy for consumers
You can cancel your contract within 7 days without giving reasons in text form (e.g., letter, fax, email) or—if your product has not exceeded the guarantee date—also by returning the product. The time limit begins after receipt of this notification in writing, but not before receipt of the product by the recipient (in the case of recurring deliveries of similar goods, not before receiving the first partial delivery), and also not before fulfilling the mandatory information requirements provided in Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB, as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the revocation or return the item. The revocation must be sent to:
So Sondermaschinen Vertriebs GmbH
Basler Strasse 22
79713 Bad Säckingen / Deutschland
Telefon +49 (0) 7761 933 069
Telefax +49 (0) 7761 933 067
E-Mail: info@so-gmbh.de
Consequences of Cancellation: In the event of an effective cancellation, any received services, payments, and other benefits (e.g., interest) must be returned. If you are unable to return the received services and benefits (e.g., benefits of use) in full or only in a deteriorated condition, you are obligated to compensate us for the value of the benefits. If the goods have deteriorated or if you have derived any benefits from them, you are required to provide compensation. This only applies if the deterioration or use is due to handling the goods in a way that goes beyond the examination of their properties and functionality. "Examination of properties and functionality" refers to testing and trying out the goods as it would be possible and customary in a physical store. Transportable items must be returned at our risk. You must bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the returned item does not exceed EUR 100, or if, at the time of cancellation, you have not yet made the full or partial payment agreed upon in the contract. Otherwise, the return is free of charge for you. Unpackaged items will be sent via a shipping company. Obligations to refund payments must be fulfilled within 30 days. This period begins with the dispatch of your cancellation notice or the goods and ends with their receipt by us.
Exclusion of the Right of Cancellation: The right of cancellation does not apply if the products are tailored to your personal needs or made according to customer specifications. If you are a businessperson within the meaning of Article 14 of the German Civil Code (BGB) and are acting in the course of your commercial or self-employment when concluding the contract, the right of withdrawal also does not apply if the goods you ordered are intended for commercial or professional purposes.
§ 4 Payment conditions
Payment can be made by PayPal, credit card, invoice or prepayment. Any deductions will be demanded subsequently. Delivery will only be made after the invoice has been sent and a written agreement has been made (§ 126b BGB). If you choose to pay in advance, we will provide you with our bank details in the order confirmation and the amount must be transferred to our account within 10 days. In the event of late payment, interest of 5% above the prime rate shall be charged on the purchase price. We reserve the right to prove, demand or assert higher damages. You are only entitled to offset if your counterclaims have been legally established by a court, are undisputed or have been recognized by us in writing. You may only exercise a right of retention if your claims result from the same contractual relationship.
§ 5 Retention of title
The goods remain our property until full payment of our invoices has been received.
§ 6 Transfer of risk
The risk passes to the buyer upon dispatch of the item delivered with free shipping.
§ 7 Shipping costs
§ 8 Liability
We exclude our liability for minor breaches of contract, provided they do not involve essential contractual obligations, damages resulting from injury to life or health, relevant guarantees, or claims under product liability law. This exclusion also applies to breaches of duty by our vicarious agents.
§ 9 Final provisions
If any provision of this contract is or becomes null and void, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a replacement provision shall apply that comes as close as possible to what the parties would have agreed upon to achieve the same economic result, had they been aware of the invalidity of the original provision. This also applies in the case of incomplete provisions.
§ 10 Place of performance and jurisdiction
Only German law applies. The place of performance and jurisdiction is Bad-Säckingen.