General Terms and Conditions1. Scope of the General Terms and Conditions (T&C)
1.1 All deliveries, services and offerings of the Sole Brothers GmbH (hereinafter: SOLEBOX) shall exclusively be carried out on the basis of these General Terms and Conditions, unless explicitly otherwise agreed in writing by the parties. The latest version of the following General Terms and Conditions at the time of the order shall always apply.
1.2 Contractual conditions that are set forth by the customer or a third party shall not become contractual content, even if SOLEBOX does not object to the conditions.
2. Company Name and Address
Sole Brothers GmbH, Schanzenstr. 41, 51063 Cologne, Germany
3. Contract Conclusion
3.1 The depiction of the products on the SOLEBOX online shop does not constitute a legally binding offer, but rather a non-binding e-catalog. By clicking on the “order” button, you are submitting a binding order of the items contained in the shopping cart. Order acceptance is confirmed via an automated e-mail (“order confirmation”) immediately after sending the order and does not yet constitute acceptance of the contract.
3.2 The order shall only be bindingly accepted after shipping the goods within 5 days. We shall inform you of this in a separate shipping and contract confirmation (“order confirmation”) by e-mail. Should you not receive any order confirmation within this time, you shall no longer be bound to your order.
3.3 The contractual text is saved at SOLEBOX. However, this storage is only temporary.
4. Price Information
4.1 The specified prices refer to the item published online with the matching description.
4.2 Prices are final prices, e.g. they include the applicable statutory VAT; shipping costs are extra. Shipping costs shall be clearly communicated to you on the product pages, in the shopping cart system and once more on the order page.
5. Import Regulations
5.1 Please follow the import regulations in your country and inform us of any particularities with the import regulations.
5.2 Additional customs duties and fees apply for deliveries to non-EU foreign countries. Please obtain more information from your local customs authorities.
6.1 All sales prices must be immediately paid to our account or via PayPal, credit card, or instant transfer after contract conclusion. If you select the “pre-payment” payment method, we will provide our bank information in the order confirmation.
6.2 The following payment options are generally available to the customer:
Instant transfer, bank transfer in advance, PayPal, credit card (MasterCard/Visa) and cash on delivery (Germany).
Should the customer be in default of payments due, then SOLEBOX shall have the right to invoice statutory default interest. The assertion of greater default damage shall not be excluded.
8. Objections and Offsetting
8.1 Objections to the amount of a SOLEBOX invoice must be presented in writing within 14 days after receiving the invoice enclosed with the goods. Legal claims that may be asserted, even upon expiry of the time period, shall remain unaffected.
8.2 The customer may only offset claims from SOLEBOX arising from this agreement with uncontested or legally established claims.
8.3 The customer may only assert a right of retention if it is based on the same contractual relationship.
9. Reservation of Title
The goods shall remain the property of SOLEBOX until payment is made in full and permanently. During the duration of the reservation of title, the customer shall have the right to own and use the item purchased as per the contract if the customer timely complies with payment obligations.
10. Liability and Warranty
10.1 Warranty and liability are determined according to legal provisions, particularly according to §§ 434 ff BGB [German Civil Code], unless otherwise specified by the following provisions.
10.2 Complains relating to the scope of delivery, material defects, incorrect deliveries and quantity discrepancies must be immediately asserted after receiving the goods, provided that they can be ascertained by reasonable investigations. Claims must be immediately filed for noticeably damaged packaging when received from the delivery company.
10.3 SOLEBOX shall be liable for intent and gross negligence. SOLEBOX shall only be liable for intent and gross negligence of an essential contractual obligation and for damages arising from injury to life, body or health. This exclusion of liability shall not apply for the guaranteed condition of goods.
10.4 In cases that do not pertain to damages arising from injury to life, body or health or pertain to the guaranteed condition of goods, liability for light negligence shall be limited in sum to the amount of foreseeable damage that is typically expected with its occurrence.
10.5 The provisions of the product liability law shall remain unaffected.
11. Address for Complaints
Complains arising from this contract must be submitted in writing to:
Sole Brothers GmbH, Schanzenstr. 41, 51063 Cologne, Germany
12. Delivery and Service Reservation
12.1 Delivery times may amount up to 5 days. Should delivery times differ, we shall provide a notification on the respective product page.
12.2 In case of changes to products, non-availability of goods or delayed delivery by the manufacturer, SOLEBOX shall reserve the right to render a service that is equal in quality or price or, if this is not possible, not render the service.
12.3 In the event of a case as set forth in 12.2, SOLEBOX shall immediately inform the customer about the non-availability or delayed delivery.
12.4 If SOLEBOX rescinds from the agreement as per Clause 12.2, SOLEBOX shall immediately refund the customer’s counterperformance.
13. Statute of Limitations
The statute of limitations shall be based on legal provisions.
14. Written Form Requirement
Changes to the contract and ancillary agreements must be made in writing to be effective. The written form requirement shall also apply to foregoing the written form requirement.
15. Identifiable Address
SOLEBOX’s identifiable address is as follows:
Sole Brothers GmbH, Schanzenstr. 41, 51063 Cologne
16. Cancellation Policy
16.1 Statutory Right of Cancellation
Right of Cancellation
You shall have the right to cancel this contract in ten days without specifying reasons.
The cancellation period is fourteen days from the day on which you or a third party appointed by you (who is not the carrier) has taken possession of the last goods.
To exercise your right of cancellation, you must inform us (Sole Brothers GmbH, Onlineshop, Schanzenstr. 41, 51063 Cologne, Telephone: +49 (0) 30/23607099, E-mail: email@example.com) about your decision to cancel this contract via a clear statement (e.g. a letter sent by mail, fax, or e-mail). To that end, you may use the sample cancellation form, but this is not required.
To comply with the cancellation period, you simply need to give notice that you are exercising the right of cancellation before expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, then we must immediately refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery method that differs from the low-cost standard delivery we offer), no later than fourteen days from the day on which we receive your message regarding your cancellation of this contract. For this refund, we shall use the same payment method that you have used in the original transaction, unless otherwise stipulated with you; you shall be charged no fees due to this refund in any case. We may refuse the refund until we receive the goods back or until you have submitted proof that you have returned the goods, whichever comes first.
You must immediately and, in any case, return or hand over the goods to us within fourteen days from the day on which you inform us about the contract cancellation. The period shall be preserved when you send the goods before expiry of the fourteen-day period. You shall bear the costs for returning the goods. You shall only pay for any loss of value in the goods if this loss of value is attributed to handling the goods in a way that is not necessary to verify the quality, properties and operation of the goods.
16.4 Additional Information about the Right of Cancellation
German customers will be asked to use the included, free return sticker for return when exercising the statutory right of cancellation (16.1).
Please fill out the return slip included in your shipment for the item that you wish to return, place it together with the undamaged goods—in original packaging, if possible—in the package and carefully adhere it. You may drop off your package at a subsidiary of the Deutsche Post, a DHL Packstation or a DHL Paketbox. We will considered filled-out return slips as an exercise of your right of return.
End of Cancellation Policy
17. Final Provisions
17.1 If the customer is a merchant, then Cologne shall be agreed upon as the place of jurisdiction for any disputes arising from or associated with this contract.
17.2 German law shall apply, with the exclusion of the UN Sales Convention.
17.3 Should clauses of this contract be invalid or lose their validity, the remainder of the contract shall remain effective. A regulation that comes closest to the will of the contractual parties shall replace the invalid clause.
18. Business Hours
Our customer service team is available to assist you during the following business hours:
Monday to Friday from 8:00 a.m. to 8:00 p.m.