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Terms and Conditions

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General Terms and Conditions for Customers

Please read these General Terms and Conditions carefully before submitting your order.
 
  1. Scope of these General Terms and Conditions
    These General Terms and Conditions shall only apply to customers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB). A customer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. The business relationship between Ölmühle Solling and you as a customer shall be subject to these General Terms and Conditions exclusively even where the order is placed from outside of the Federal Republic of Germany. Ölmühle Solling does not accept or acknowledge general terms and conditions that are contrary to or deviate from these General Terms and Conditions and hereby expressly rejects them. Conflicting terms and conditions of the customer are only valid if Ölmühle Solling agrees to them explicitly and in text form.

  2. Payment
    We offer our customers a variety of payment options, e.g. by invoice, PayPal and direct debit. In individual cases and for initial orders, we reserve the right to exclude certain payment methods. Our prices include the value added tax currently applicable in the Federal Republic of Germany. Additional charges such as packaging, transport and insurance charges are not included in the prices. Our offers are subject to change without notice. Insofar as not otherwise agreed the pur-chase price shall be due within ten days of delivery. If the customer grants us a SEPA Core Di-rect Debit Mandate, payment shall be by direct debit four banking days after the invoice date. The customer shall ensure they have sufficient funds on their account. Costs which arise from payment failure or return of the debit note shall be borne by the customer, provided the payment failure or return was not caused by Ölmühle Solling. The customer shall be charged a bank fee of € 5.00 for each returned debit note or failure to honour a direct debit. The customer has the possibility to furnish proof that less damage was incurred or that no damage was suffered. Inter-est on late payments shall be calculated at 5 percentage points above the prevailing basic inter-est rate per annum. Ölmühle Solling reserves the right to claim compensation for any greater damage or loss. Where we assert any higher damage or loss due to late payment, the customer shall have the right to provide us with proof that the asserted damage or loss due to late payment was not incurred or at least to a significantly lower extent.

  3. Retention of title
    We retain title to the delivered goods until all receivables arising from the delivery contract have been paid in full.

  4. Shipping charges for the customer
    We detail all shipping charges on our homepage. Packages up to a merchandise value of € 500.00 are insured for transport. On receipt, the shipment must be checked for transport dam-age and the courier must be informed of any transport damage. Hidden damage must be report-ed to Ölmühle Solling in text form within three working days. Damaged packages and damaged delivered items must be retained as proof of transport damage.

  5. Terms of delivery
    Unless a different delivery address is specified, goods ordered will be sent to the invoice address provided. Typically, deliveries are handled by a parcel service.  If an alternative method of dis-patch is desired, we shall inform you of any additional costs on request.

  6. Delivery period
    The commencement of the delivery period stated by us presupposes the timely and proper fulfilment of the obligations of the customer. We reserve the right of defence of non-performance of contract.

  7. Offsetting and retention
    The customer only has the right of offset if his counter-claims have been ascertained as legally valid or if they are undisputed. Furthermore, the customer is only entitled to exercise a right to offset against our claims insofar as his notices of defects or counter-claims are based on the same contract. The customer is entitled to exercise a right of retention only insofar as his coun-ter-claim is based on the same contractual relationship.

  8. Warranty and notice of defects
    Insofar as the goods supplied are not of the quality agreed between us and the customer or are not suitable for the use provided for in our contract or generally or do not have the properties which the customer could expect based on our public statements, we are obliged to subsequent performance. This shall not apply if we are entitled by law to refuse subsequent performance. The customer shall first decide whether subsequent performance shall be by means of repair or replacement. However, we are entitled to refuse the type of subsequent performance selected by the customer if it is only possible with disproportionate costs and the other type of remedy does not inflict significant disadvantages on the customer. A reduction in the purchase price or the withdrawal from the contract by the customer is excluded during subsequent performance.  A repair shall be deemed to have failed on the second unsuccessful attempt, if nothing to the contrary results, in particular, from the nature of the item or the defect or other circumstances. If subsequent performance has failed or we have altogether refused subsequent performance, the customer can, at his discretion, demand a reduction in the purchase price (reduction) or with-draw from the contact. The customer may only assert claims for damages due to a defect ac-cording to the following provisions, if the subsequent performance has failed or we have refused subsequent performance. This does not affect the customer’s right to assert further claims for damages according to the following provisions. Notwithstanding the aforementioned provisions and the following restrictions on liability, we shall assume unlimited liability for any loss of life, injury or illness which occurs due to a grossly negligent or intentional breach of duty on the part of our legal representatives or our vicarious agents. Inasmuch as we have provided a guarantee for the quality and/or durability of the goods or parts, we shall also accept liability within the scope of that guarantee. However, we shall only assume liability for damage resulting from the absence of the guaranteed quality or durability, but by which the goods are not affected directly, if the risk of such damage evidently falls within the scope of the quality/durability guarantee. We shall also assume liability for damage caused by ordinary negligence insofar as this negligence concerns the infringement of contractual obligations the fulfilment of which is of particular im-portance for the attainment of the contract's purpose (cardinal obligations). However, we shall only accept liability for damage which is typical associated with the contract and which is fore-seeable. We shall not be liable for simple negligent breaches of collateral obligations that are not essential to the contract.  The above limitations of liability shall also apply insofar as liability for legal representatives, executives and other vicarious agents is concerned. Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, repre-sentatives and vicarious agents. The warranty period shall be two years, calculated from the passing of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, unless claims are asserted on the basis of tort.

  9. Partial deliveries
    If the customer requests partial deliveries, the amount of the shipping costs is calculated accord-ing to the number of partial deliveries and their respective value. If, for technical or logistical rea-sons and not at your express request, a shipment is made in a number of partial deliveries, we will charge the shipping cost share only once.

  10. Revocation policy

    Right to revoke

    You have the right to withdraw from this contract within fourteen days without stating reasons. The revocation period is fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

    To exercise your right to revoke, you must inform us (Ölmühle Solling GmbH, Höxtersche Str. 3, 37691 Boffzen, Germany, phone: +49 (0)5271/9 66 66-0, fax: +49 5271/9 66 66-66, e-mail: in-fo@oelmuehle-solling.de) of your decision to revoke this contract, by means of a clear declara-tion (e.g. by post, fax or e-mail). To do so, you can use the attached model revocation form, but this is not mandatory.

    In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

    Consequences of revocation

    If you revoke this contract, we shall refund to you all payments we have received from you, in-cluding delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this refund, we shall use the same means of payment that you used for the original transac-tion, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make this refund until we have received the goods back or until you have proved that you have sent the goods, whichever is earlier. You must send back or hand over the goods to us (Ölmühle Solling GmbH, Höxtersche Str. 3, 37691 Boffzen, Germany) immediately and no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is attributable to their being handled in a way that is not necessary for their condition, properties and functionality to be checked.

    Reasons for exclusion or expiration

    Revocation is not possible for contracts for
    - the delivery of goods which are not non-prefabricated and which are manufactured predomi-nantly on the basis of the consumer's individual choice or decision and which are clearly tai-lored to the consumer's personal needs;
    - the delivery of goods which can perish quickly or whose "best before" date has been exceed-ed;
    - the delivery of newspapers, periodicals and magazines with the exception of subscription con-tracts.

    The right of revocation expires early for contracts for
    - the delivery of insured goods which, for reasons to do with the protection of public health or hygiene, are not suitable for return when their seal has been removed subsequent to delivery;
    - the delivery of goods where, subsequent to delivery, these have by reason of their nature been inseparably mixed with other goods;
    - the delivery of sound or video recordings or computer software in a sealed package where the seal has been removed subsequent to delivery.

  11. Miscellaneous
    This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Inter-national Sale of Goods (CISG).
    Should individual provisions of these General Terms and Conditions be or become ineffective or contain a gap, the remaining provisions shall remain unaffected by this.

General Terms and Conditions for Companies

Please read these General Terms and Conditions carefully before submitting your order.
  1. Scope of these General Terms and Conditions
    The General Terms and Conditions apply exclusively to entrepreneurs, legal persons under pub-lic law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (Bürgerliches Gesetzbuch - BGB). We only recognise terms and conditions of the customer that deviate from our General Terms and Conditions if we agree to them explicitly in writing. These Conditions of Sale also apply to all future transactions with the customer insofar as these are legal transactions of a similar nature.

  2. Payment
    We offer our customers a variety of payment options, e.g. by invoice, PayPal and direct debit. In individual cases, we reserve the right to exclude certain payment methods. Our prices are ex-clusive of the value added tax currently applicable in the Federal Republic of Germany. Addi-tional charges such as packaging, transport and insurance charges are not included in the prices. Our offers are subject to change without notice. Insofar as not otherwise agreed the purchase price shall be due within ten days of delivery. On placing their first order, new customers must pay in advance unless agreed otherwise in writing. If the customer grants us a SEPA Core Direct Debit Mandate, payment shall be by direct debit four banking days after the invoice date. The customer shall ensure they have sufficient funds on their account. Costs which arise from pay-ment failure or return of the debit note shall be borne by the customer, provided the payment failure or return was not caused by Ölmühle Solling. The customer shall be charged a bank fee of € 10.00 for each returned debit note or failure to honour a direct debit. The customer has the possibility to furnish proof that less damage was incurred or that no damage was suffered. Inter-est on late payments shall be calculated at 9 percentage points above the prevailing basic inter-est rate per annum. Ölmühle Solling reserves the right to claim compensation for any greater damage or loss. Where we assert any higher damage or loss due to late payment, the customer shall have the right to provide us with proof that the asserted damage or loss due to late payment was not incurred or at least to a significantly lower extent.

  3. Retention of title
    We retain title to the delivered goods until all receivables arising from the delivery contract have been paid in full.

  4. Shipping charges for merchants
    We detail all shipping charges on our homepage. On request, we will be happy to inform you about freight forwarding charges. For deliveries abroad, we shall invoice the actual shipping charges irrespective of the order value. Goods are generally sent with DPD or DHL (up to a maximum of 30.0 kg) or by a forwarding agency. Packages up to a merchandise value of € 500.00 are insured for transport. On delivery from Ölmühle Solling, the goods must be checked immediately by the purchaser and, if any defects are revealed, Ölmühle Solling must be notified without delay. If such a defect is identified later, Ölmühle Solling must be also notified immedi-ately. Packages must be retained in order to be able to prove any possible claims arising from any such defects.

  5. Terms of delivery
    Unless a different delivery address is specified, goods ordered will be sent to the invoice address provided. Typically, deliveries are handled by a parcel service. If an alternative method of dis-patch is desired, we shall inform you of any additional costs on request.

  6. Delivery period
    The commencement of the delivery period stated by us presupposes the timely and proper ful-filment of the obligations of the customer. We reserve the right of defence of non-performance of contract. If the customer is in default of acceptance or culpably breaches other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve all rights in respect of any claims that go beyond this. Insofar as the above conditions are satisfied, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

  7. Passing of risk on dispatch
    If the goods are sent to the customer at the customer’s request, the risk of accidental loss or ac-cidental deterioration of the goods passes to the customer upon dispatch to the customer, but no later than the point in time at which the respective goods leave the warehouse. This shall apply regardless of whether the goods are dispatched from the place of performance and irrespective of which party bears the freight charges or dispatch charges.

  8. Warranty and notice of defects
    The customer’s warranty rights presuppose that it has duly fulfilled its obligations to perform the inspection and complaint procedures stipulated in Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB). Warranty claims shall become time-barred twelve months after delivery of the goods delivered by us to the customer.

    The statutory period of limitation shall apply to claims for damages arising from intent and gross negligence as well as death, injury and illness resulting from an intentional or negligent breach of duty on the part of the user. Insomuch as the law prescribes longer periods as mandatory pursu-ant to Section 438 (1) no. 2 BGB, Section 445 b BGB and Section 634 a (1) BGB, these periods shall apply. Our consent must be obtained before any goods are sent back. If, despite exercising all due care, we deliver goods that were already defective before the passing of risk, we shall, at our discretion and subject to timely notification of the defects, repair the goods or supply re-placement goods. We must always to be given an opportunity for subsequent performance with-in a reasonable period. The above provision shall not affect recourse claims in any way. If the subsequent performance proves unsuccessful, the customer may, irrespective of any claims for damages, withdraw from the contract or reduce the payment. Warranty claims shall be excluded in the case of only a minor deviation from the agreed quality, only a minor impairment of usabil-ity, or natural wear or tear, nor shall they exist in the case of damage which occurs after the passing of the risk due to incorrect or negligent handling, excessive demands being placed on the goods, unsuitable operating resources or due to special outside influences which are not as-sumed under the contract. If improper modifications are made by the customer or third parties, they shall also not be entitled to assert claims for damages in relation to these and the conse-quences thereof. The customer cannot assert claims arising from expenses, in particular transport, travelling expenses, labour and costs of materials, necessary for subsequent perfor-mance insofar as the expenses are higher because the goods we delivered were later moved to a place other than the branch of the customer, unless such transport is consistent with the goods' intended use.

  9. Partial deliveries
    If the customer requests partial deliveries, the amount of the shipping costs is calculated accord-ing to the number of partial deliveries and their respective value. If, for technical or logistical rea-sons and not at the express request of the customer, a shipment is made in a number of partial deliveries, we will charge the shipping cost share only once.

  10. Miscellaneous
    This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Inter-national Sale of Goods (CISG). The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business, unless otherwise stated in the order confirmation (this clause shall not apply if at least one of the parties is not entered in the commercial register). Should individual provisions of these General Terms and Conditions be or become ineffective or contain a gap, the remaining provisions shall remain unaffected by this.

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