General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Properties of Wood
   
9. Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
10. Redemption of Promotional Coupons
11. Redemption of Gift Certificates
12. Governing Law
13. Place of Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Solida Holz GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store, in addition to customary practices in the timber industry, unless otherwise agreed. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of gift certificates, unless otherwise specified.

1.3 A consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the items in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email, fax, mail, or telephone.

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 email), in which case receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close 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 a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is handled by 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 Service, 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 pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process. 

2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they 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

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even 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 The available payment method(s) will be communicated to the customer in the seller’s online store.

4.4 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account that has been activated for use with “SOFORT,” must authenticate themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is processed by “SOFORT” immediately thereafter, and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.5 If the “purchase on account” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is due within 7 (seven) days of receipt of the invoice without any deductions, unless otherwise agreed. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information section of the online store. The seller further reserves the right to conduct a credit check when the “purchase on account” payment method is selected and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the shipping address provided by the Customer, unless otherwise agreed. The shipping address specified in the Seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 For goods delivered by a freight carrier, delivery is “curbside,” meaning to the public curb nearest the delivery address, unless otherwise indicated in the shipping information on the Seller’s online store or otherwise agreed upon.

5.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.

5.4 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.6 If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.7 Gift certificates are provided to the customer as follows:

• via download
• via e-Mail

6) Retention of Title

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

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.2 If the customer is acting as a business entity,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for defects is one year from delivery of the goods;
• for used goods, rights and claims arising from defects are excluded;
• the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.3 The limitations of liability and shortened time limits set forth above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use in a structure and have caused its defectiveness,
• to any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.6 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.

7.7 In all other respects, the seller refers to the Tegernsee customs.

8) Properties of Wood

8.1 Wood is a natural product. Its natural properties, variations, and characteristics must therefore always be taken into account. In particular, the buyer must consider its biological, physical, and chemical properties at the time of purchase and during use.

8.2 The range of natural variations in color, texture, and other characteristics within a single wood species is part of the nature of wood as a natural product and does not constitute grounds for a complaint or liability.

9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to specific customer specifications, the Customer must provide the Seller with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, including, but not limited to, copyrights, trademark rights, and personality rights.

9.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the amounts prescribed by law. 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 obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for the Seller’s defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Einlösung von Aktionsgutscheinen

10.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the customer (hereinafter “Promotional Coupons”), may only be redeemed in the Seller’s online store and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent application of the voucher is not possible.

10.4 Only one promotional voucher may be redeemed per order.

10.5 The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

10.6 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.

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

10.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Redemption of Gift Certificates

11.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

11.2 Gift certificates and any remaining balance on gift certificates are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

11.3 Gift certificates can only be redeemed before completing the order process. Subsequent application of the credit is not possible.

11.4 Multiple gift certificates may be redeemed for a single order.

11.5 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.

11.6 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

11.7 The balance of a gift certificate will not be paid out in cash nor will it accrue interest.

11.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

12) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

14) Alternative Dispute Resolution

14.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

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

14.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.