Terms and conditions

General terms and conditions

SoulAr GmbH & Co. KG, Alfred-Nobel Straße 6, 97080 Würzburg, Germany, telephone: +49 (0)951 30900-710,
Fax: +49 (0)951 30900-719, e-mail: info@soular.de for contracts with private end users in the online shop www.caseual.com:

1. Scope of validity

These general terms and conditions apply to all declarations of intent, contracts and contractual or similar activities of SoulAr GmbH & Co. KG (hereinafter referred to as ‘SoulAr’) with its customers (hereinafter referred to as ‘customer’). Statements to the contrary from the customer with reference to his own general terms and conditions or terms and conditions of purchase are expressly rejected; these do not form part of agreements if the conditions are not explicitly confirmed in writing by SoulAr.

2. Conclusion of contract

By submitting an order, the customer makes a binding offer to conclude a purchase agreement with SoulAr. The acknowledgement of receipt subsequently sent by SoulAr does not represent an acceptance of the offer. SoulAr can accept the offer of the customer within 5 days after receipt of the order by making an explicit statement (order confirmation). The contract comes into being on receipt of the acceptance declaration. The sending of the ordered goods and the confirmation of shipping to the customer equate to an explicit acceptance declaration by SoulAr.

3. Delivery

3.1. The delivery is made to the delivery address stated by the customer.

3.2. In the event that a partial delivery of goods is made that was brought about by SoulAr or offered to the customer, the subsequent deliveries take place free of charge. In the event that a partial delivery is made at the special request of the customer, the shipping costs are also calculated for each partial delivery as per paragraph 4.

3.3. For goods that cannot be shipped by parcel post (large equipment), the goods are shipped to the kerb by a shipping company. Further transport services can be agreed between the customer and shipper; any additional costs incurred through this are paid by the customer directly to the shipper.

3.4. To ensure the comprehensive removal of the sales packaging, SoulAr takes part in a waste disposal system within the meaning of section 6 paragraph 3 of the Packaging Ordinance. The customer can thus return the sales packaging to any collection point provided by the waste disposal system.

4. Prices, shipping costs

All prices are understood to include the statutory VAT and not include packaging and shipping costs. If the delivery is made as a cash on delivery parcel based on an express, individual agreement between the customer and SoulAr, the customer also bears for each individual COD parcel the COD and money transfer fees, which are also stated separately on ordering. When commissioning a delivery service with transporting the ordered goods in states outside the EU (where offered), additional fees and customs duties may be incurred, which are also to be borne by the customer.

5. Delivery times, non-delivery by subsuppliers

5.1. On the SoulAr website, the availability of each product is shown using symbols and corresponding explanations next to each product. Delivery then takes place within the customary shipping time for the selected method of shipping.

5.2. SoulAr does not assume any procurement risk. If the item is unavailable or temporarily unavailable despite the prior conclusion of a corresponding purchase agreement, SoulAr will inform the customer about this immediately after the order and in the subsequent period at regular intervals. Until it is supplied by its subsupplier, SoulAr is released from its performance obligation and can withdraw from the contract if it is unable to deliver. This does not apply when SoulAr is responsible for non-delivery by the subsupplier. If SoulAr wishes to withdraw, SoulAr will immediately exercise its right of renunciation. In the event of a withdrawal, sums of money already paid towards the purchase price will be refunded immediately by SoulAr. Compensation claims by the customer are excluded. This does not apply when SoulAr is responsible for non-delivery by the subsupplier.

6. Warranty

If the delivered product has a defect, the customer is entitled to assert his statutory warranty rights.

7. Retention of title

The supplied goods remain the property of SoulAr until the purchase price is paid in full. The customer is not entitled to sell the goods to third parties or take any other measures which would endanger the property of SoulAr until the purchase price has been paid in full.

8. Liability

8.1. Compensation claims due to breach of duty and due to unauthorised actions as well as claims to compensation for any unnecessary expenditures are excluded, both with regard to SoulAr and also with regard to the assistants or vicarious agents of SoulAr.

8.2. This limitation of liability does not apply if the damage was caused by intent or gross negligence, as well as in the event of the infringement upon major contractual obligations, i.e. those contractual obligations that must be fulfilled in order for the contract to actually be implemented properly and which the contracting party may reasonably expect to be observed, and the infringement upon which also puts at risk the achievement of the contractual purpose. It also does not apply to damages due to personal injury, bodily harm or damage to health if SoulAr is responsible for the breach of duty. Furthermore, the limitation does not apply to damages that are based on the lack of a guaranteed property or for which liability is provided for in accordance with the Product Liability Act.

9. Final provisions

9.1. The law of the Federal Republic of Germany exclusively applies to the contract. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If the customer is a consumer, the mandatory consumer protection regulations that are valid in the state in which the customer has his usual residence also apply, insofar as these regulations offer the customer further protection.

9.2. Insofar as the customer is a tradesman, a legal entity under public law or a special fund under public law, Würzburg shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

Last updated: 13th of June 2014